A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

A person subject to enlistment in active duty service shall not receive a written notice of enlistment in active duty service and shall not be enlisted within three days from the date of enlistment without justifiable grounds.

The Defendant, as a person subject to enlistment in active service on October 25, 2017, received a written notice of enlistment in the military training center in the name of the head of the Military Affairs Administration of North Korea, and did not enlist within three days from the date of enlistment, without justifiable grounds, from the Defendant’s house located in Nam-si, Namwon-si, Seoul to November 27, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A certificate of evasion of enlistment;

1. Application of Acts and subordinate statutes to notify enlistment in active duty service;

1. Determination as to the assertion by the accused and the defense counsel regarding criminal facts under Article 88(1)1 of the pertinent Act

1. The gist of the argument is that the Defendant, as a female witness, refused to enlist in the army according to his religious conscience. This constitutes a “justifiable cause” under Article 88(1) of the Military Service Act as an exercise of legitimate rights based on the freedom of conscience and religious belief guaranteed by the Constitution, which constitutes a crime.

2. Determination

A. The "justifiable cause" of the legal provision of this case is, in principle, premised on the existence of abstract military service and the confirmation of the performance of such service itself. However, the reason that can justify the nonperformance of the military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., the reason that the non-performance of the military service cannot be attributable to the person who committed the non-performance of the military service, such as illness, should be deemed to be limited to the reason that the non-performance of the military service cannot be attributable to the person who refused the performance of the specific military service. However, the right

Even if it is recognized, the application of the legal provision of this case would result in an unfair infringement of his constitutional rights.