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

Punishment of the crime

Although the Defendant, as a person subject to enlistment in active duty service on October 28, 2015, confirmed by e-mail the enlistment notice in the name of the head of the regional military affairs office, that he would be enlisted as an incorporated association in the name of the head of the regional military affairs office, from the Defendant’s house located in the Dong-si, Young-si, and 101 Dong 302 to December 22, 2015, the Defendant did not, without good cause, enlist within three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes, such as a written accusation and e-mail confirmation;

1. Determination as to the assertion by the Defendant and the defense counsel regarding criminal facts under Article 88(1)1 of the relevant Act

1. The summary of the argument is that the Defendant refused enlistment based on his religious belief or conscience as a female witness, and this constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant does not constitute a crime of violating the Military Service Act against the Defendant.

2. On the one hand, Article 88(1) of the Military Service Act was prepared to embody the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value as human beings cannot be guaranteed if the national security is not secured because the duty of military service is not fulfilled properly.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, so even if the freedom of conscience of a defendant is restricted in accordance with Article 37(2) of the Constitution, it is a legitimate restriction permitted under the Constitution.

B. In order to secure the fulfillment of the duty of military service, there is a wide range of legislative discretion on whether to impose punishment on the refusal of enlistment in active service, and whether to recognize the alternative service.

Therefore, the enlistment of a person who refuses enlistment on the grounds of conscience and religious freedom is replaced by enlistment on active duty.