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

Punishment of the crime

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

Although the Defendant received a written notice of enlistment in active duty service, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds, in the Defendant’s dwelling place located in Dasung-si B apartment on October 10, 2016 and in 927 Dong 1202, “to be enlisted as an association on December 6, 2016.”

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes to the list of enlistment not in active service;

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

1. The gist of the assertion is that the Defendant, as a believers of “novahovah’s Witness,” refused to enlist in the army according to a religious doctrine and conscience, and thus, there is “justifiable cause” under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37, Paragraph 2 of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if such duty of military service is not fulfilled properly and the national security is not guaranteed, it cannot be guaranteed the dignity and value as human beings.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests.