Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The defendant is a person subject to enlistment in active service.

Around July 22, 2013, the Defendant received a notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the military training center around September 2, 2013, from the Defendant’s office located in Eunpyeong-gu Seoul Metropolitan Government.

However, the Defendant did not enlist in the military without justifiable grounds until September 5, 2013, for which three days have passed from the date of enlistment above.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

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

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The Defendant asserted that he refused to enlist in active duty service according to his religious conscience as a witness of a female son.

Since such right to conscientious objection is guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, the defendant's refusal to enlist in active service constitutes justifiable grounds under Article 88 (1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if such duty of military service is not fulfilled properly and the national security is not guaranteed, the dignity and value as human beings cannot be guaranteed.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and conscientiously.