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

Punishment of the crime

Although the Defendant received a written notice of enlistment in the name of the director of the Daegu-gu regional military manpower office to enlistment in the active duty service from the Defendant’s house of 103 Dongdong-gu, Daegu-gu, 103 Dong 807 on May 7, 2014 to the 50 association on June 24, 2014, the Defendant failed to enlist without justifiable grounds until June 27, 2014, when three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of enlistment in active duty service;

1. Certificate of receipt of the enlistment notice;

1. Application of Acts and subordinate statutes to fact-finding certificates;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

1. The Defendant, as a witness of Jehovahovah, refused enlistment according to his religious conscience. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act, as a right guaranteed by the Constitution and the International Covenant, and thus, the Defendant’s act of refusal of military service does not constitute a crime as a justifiable act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act, which is a punishment provision for refusing enlistment, shall be deemed as a matter of principle, on the premise that the existence of abstract military service and the confirmation of the performance of the duty itself, but it is reasonable to justify the non-performance of the duty specified, i.e., a cause not attributable to the nonperformance of the duty, such as illness

However, even in cases where a person who has refused to perform a specific obligation is guaranteed by the Constitution of the Republic of Korea and furthermore, has superior constitutional value to the function of the legislative purpose of the above provision, if punishment is imposed by applying the above provision, it would result in an undue infringement on his/her constitutional rights. Therefore, in order to exclude such unconstitutional situation, there is “justifiable cause” to refuse to perform the obligation to him/her.