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

Punishment of the crime

Defendant is a person subject to full-time enlistment in reserve service.

Although the Defendant received a notice of full-time enlistment in reserve service in the name of the head of the Busan Regional Military Affairs Administration on January 31, 2017, to the effect that “be enlisted in the office of the Defendant, on December 14, 2016, pursuant to the education for new soldiers of the 53 association located in the Busan Regional Military Affairs Office,” at the office of the Defendant, which was in operation 102, Ulsan-gu, Ulsan-gu, Seoul Metropolitan Government, and “be enlisted in the office on January 31, 2017,” the Defendant did not immediately enlist until February 3, 2017

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the copies of the D Statements;

1. Article 88 (1) 1 of the relevant Act on criminal facts [Judgment on the defendant's assertion]

1. The Defendant asserts to the effect that there exists a “justifiable cause” as stipulated under Article 88(1) of the Military Service Act, since he was a believers and did not enlist in the military according to the freedom of conscience.

2. The freedom of conscience, such as “ conscientious objection,” can be restricted for national security, maintenance of order, or public welfare as well as other fundamental rights pursuant to Article 37(2) of the Constitution. The Defendant cannot be treated as a value superior to the constitutional value of national security, human dignity, etc. that is ultimately protected by Article 88(1) of the Military Service Act, which is the applicable law of this case (see Supreme Court Decision 2004Do2965, Jul. 15, 2004). 3. In light of the above legal principles, refusal of enlistment based on one’s religious belief can be understood from the perspective of the freedom of expression of conscience, but at the same time, it is sufficient to impair the constitutional value, such as national security, human dignity, and value, and ultimately, it does not constitute “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.