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 believers who is a person subject to enlistment in active service as a religious organization B.

On November 21, 2016, the Defendant received a notice of enlistment in active duty service in the name of the head of the Military Affairs Administration in the name of the Daegu-do Office to enlistment in the 50 association located in the Daegu-gu Northern District Office on December 27, 2016 from the Defendant’s house located in the Seongbuk-gu Branch of Seongbuk-gun on November 21, 2016, but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the written accusation, written accusation, written statement of full-time enlistment in reserve service, and information on service of registration;

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the pertinent Act, and the defendant's choice of imprisonment with labor

1. The gist of the argument is that the defendant, as the believers of the religious organization B, refused to enlist in the military according to his religious conscience. Such conscientious objection is guaranteed by the International Covenant on Human Rights, Freedom of conscience and Civil and Political Rights guaranteed under the Constitution, and punishing conscientious objectors is in violation of Articles 10 and 37(2) of the Constitution. As such, the defendant’s refusal to enlist in the military constitutes “justifiable cause” under Article 88(1) of the Military Service Act and there is no intention to violate the Military Service Act against the defendant.

2. Determination:

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of an abstract military service and the confirmation of the performance of the duty itself. However, the grounds that justify the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, such as illness, etc., should be deemed to be limited to a reason that is not attributable to the person who performed the duty of military service. However, the right of a person who refused the performance of the specific duty of military service is guaranteed by the Constitution of Korea, and the right has superior constitutional value that enables the legislative purpose of the above provision.

Article 88 of the Military Service Act, even if it is recognized.