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 liable for military service and a person subject to call-up to public duty personnel service, who is a religious organization.

Although the Defendant received a notice of convening a public duty personnel call-up in the name of the director of the Incheon and the director of the Incheon regional military manpower office to the effect that he will be enlisted in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, from November 14, 2013 to November 7, 2013, the Defendant did not comply with the call-up without justifiable grounds for the lapse of three days from the date of the designated call-up.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation or accusation of public duty personnel;

1. The Defendant asserts that there exists “justifiable cause” under Article 88(1) of the Military Service Act, inasmuch as the Defendant’s assertion on criminal facts under Article 88(1)2 of the pertinent Act is in accordance with a religious doctrine and thus, rejected the call-up of a public duty personnel according to an conscience order.

However, the Defendant’s freedom of conscience realization by passive omission may conflict with other legal interests in the process of realizing conscience, and, in this case, inevitably restrict the freedom of conscience realization. In such a case, the freedom of conscience realization by passive omission is restricted, and it does not immediately mean that there is an infringement on the essential substance of the freedom of conscience.

In addition, the above provision of the Military Service Act was prepared to specify the duty of national defense as stipulated in Article 39(1) of the Constitution, and it seems clear that if the duty of military service is not properly performed and the national security is not ensured, it cannot be guaranteed as a human being if it is not performed, the dignity and value of the people cannot be guaranteed. Accordingly, the duty of military service is ultimately aimed at guaranteeing the dignity and value of all citizens as a human being, and the defendant's freedom of conscience is the Constitution above.