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

Punishment of the crime

The defendant is a religious organization believers who is subject to enlistment in active duty service.

Around November 20, 2013, the Defendant, using the Internet at the Defendant’s house located in Ansan-si, Seoul-si, and sent to the e-mail center of the Defendant to the Military Manpower Administration by December 24, 2013, via the Internet, did not peruse and deliver a notice of enlistment in the name of the director of the Incheon Gyeonggi-si Military Manpower Administration to enlistment in the 306 supplementary military service located in the Council city, and did not enlist until three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accuser or accuser;

1. Application of Acts and subordinate statutes to military register, enlistment in active service, and notification;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that his refusal of military service based on a religious conscience is a “justifiable cause” under Article 88(1) of the Military Service Act, since he belongs to the D D of a religious organization and is guaranteed the right of conscientious objection based on a religious conscience according to the religious conscience and the International Covenant with his believers that he is believers.

In principle, “justifiable cause” under Article 88(1) of the Military Service Act should be deemed as a matter of principle to justify the existence of abstract military service duty and the existence of the performance thereof, but the failure to perform the specified duty, i.e., reasons that are not attributable to the nonperformancer such as illness, etc. However, refusal of military service based on religious conscience does not include refusal of military service based on religious conscience, and the Constitutional Court consistently makes a decision that Article 88(1) of the Military Service Act, which is a provision punishing the evasion of enlistment

The Constitutional Court Order 2002Hun-Ga1 Decided August 26, 2004, Constitutional Court Order 2008Hun-Ga22 Decided August 30, 201, etc.). Also, the international rules on civil and political rights asserted by the Defendant are below the international rules.