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 in active duty service.

On September 5, 2013, the Defendant received a notice of enlistment in active duty service in the name of the director of the regional military manpower office in the name of Gyeong-nam Military Manpower Office in the territory of Gyeong-nam Military Manpower Office in the territory of Gyeong-nam Military Manpower Office in the territory of Gyeong-si in the Republic of Korea around 13:00 on September 5, 2013, and on October 22, 2013, the Defendant did not enlistment without justifiable reasons until

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the provisions of this Act to accusation offenders of the Military Service Act, a written accusation of those in active duty service (full time reserve service) and a written accusation of those in active duty service (full time reserve service), a written notice of enlistment in active duty service during August 2013, a list of those who notify enlistment in active duty service (full time reserve service), adjustment of the date of enlistment in active duty service and recommendations for enlistment notice, inquiries into domestic registration/post transfer, D call content data, and

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. The alleged defendant is a religious organization believers and refuses to enlist in the military according to religious conscience, and there is a justifiable reason.

2. As to the so-called conscientious objection, the Constitutional Court rendered a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception of punishment under the above provision. The right that conscientious objectors are exempt from the application of the above provision even from the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea, and presented a recommendation by the UNFCCC.

Even if this does not have any legal binding force, it has been decided that it does not have any legal binding force.

Supreme Court Decision 201Na1448 delivered on July 15, 2004