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

Punishment of the crime

On September 17, 2014, at around 17:12, the Defendant received a notice of enlistment in the active service under the name of the director of the Daegu-do regional military manpower office, ordering the Defendant to enlist in the office of the Defendant located in Ulsan-gun, Chungcheongnam-do, and on November 50, 2014.

Nevertheless, the defendant did not enlist in the military even three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The Defendant asserts that “The Defendant, in accordance with the religious faith and thus, refused enlistment in active duty service according to the order of conscience, and such reason constitutes justifiable cause as prescribed by Article 88(1) of the Military Service Act,” as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act.

However, under the current positive law that does not provide for special cases that can substitute enlistment in active service for a person who refuses enlistment in the Military Service Act on grounds of religious belief, the aforementioned grounds asserted by the Defendant do not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008HunGa22, the Constitutional Court Decision 2009HunGa7, Jul. 7, 2009; 24, 2010HunBa16, 37, 208HunBaBa103, 209HunBa16, etc.). As such, the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a party, the right to be exempt from the application of the above provision is not derived, and the United Nations Commission on Recommendation of the IC Regulations presented a recommendation proposal.

Even if this does not have any legal binding force (see, e.g., Supreme Court Decision 2014Do15244, Jan. 15, 2015), it does not accept the Defendant’s assertion.

The reason for sentencing is that the defendant refuses to enlist in the military according to his religious belief, and is realizing the defendant in the future.