Whether the violation of the Act on Special Measures for the Punishment of Offenses, etc. in the event a person who has completed a prison term of imprisonment for a maximum of three years fails to comply with the enlistment order in active service.

A person who is deemed to have completed the remaining prison term after having been sentenced to imprisonment with prison labor for a maximum of three years and was released on parole without the invalidation or revocation of the parole disposition shall be excluded from the conscription of active duty servicemen under Article 33 of the Military Service Act and has no obligation to enlist in the active duty service by law. Thus, a person who has not complied with an order to enlist in the active duty service by the Commissioner of the Military Manpower Administration

Defendant

Prosecutor

Attorney Park Tae-young (National Ship)

Gwangju High Court Decision 75No258 delivered on September 10, 1975

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

The issue is that the defendant was provisionally released on June 20, 197, after being sentenced to a maximum of two years and three years of imprisonment for a maximum of three years and six months and the expiration of the term of imprisonment for enlistment in active duty service was three months prior to the expiration of the term of imprisonment for the defendant, which constitutes a case where the sentence under the proviso of Article 33 of the Military Service Act was reduced or exempted and less than three years have passed, and thus, the court below erred in the judgment of the court below which held that the above order was void as it is merely a case where the defect of the defendant's enlistment order is not serious. Thus, according to the reasoning of the judgment of the court of first instance maintained by the court below, the defendant was sentenced to an order of enlistment in active duty service on May 30, 197, but did not enlist in active duty service for five days prior to the expiration of the term of imprisonment for the defendant, and that the defendant did not have any duty to serve in active duty service for three years and six years prior to the expiration of the term of imprisonment for a maximum of 3 years and six months prior to the above.

Therefore, all arguments are without merit, and the appeal by the prosecutor is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Young-young (Presiding Justice)