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

Punishment of the crime

The defendant is a person subject to enlistment in active duty service, and is a witness of women and a witness.

On October 3, 2013, the Defendant received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju-nam Military Manpower Administration to enlistment in the 31st group located in Chungcheongnam-do, Gwangju-do on November 19, 2013, but did not enlist in the military by not later than three days after the date of enlistment in the active service without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Notification of enlistment in active duty service and application of statutes governing military register inquiry;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant, as a new witness with the same religious doctrine, conscientious objection is in accordance with such religious doctrine, and the right to conscientious objection is guaranteed by the Constitution of the Republic of Korea (see Article 18(1) of the International Covenant on Civil and Political Rights) and the right to conscientious objection is guaranteed by the Constitution of the Republic of Korea. As such, the Defendant’s refusal to enlist in active duty according to the religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The "justifiable cause" under Article 88 (1) of the Military Service Act is, in principle, premised on the existence of abstract military service duty and the confirmation of its performance. However, the reason that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be regarded as a reason that is not attributable to the non-performance of the duty of military service. However, in cases where the right of the non-performance of the specific duty of military service is guaranteed by the Constitution of Korea, and the right of the non-performance of the duty of military service has superior constitutional value to the legislative purpose of the above law, it is exceptionally deemed that there exists a justifiable reason