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

Punishment of the crime

The defendant is a believers of a religious organization B and is a person subject to enlistment in active duty service.

Although the Defendant received a written notice of enlistment in active duty service in the name of the director of the Chungcheong Military Manpower Office in the name of the 306 Supplementary Police Office located in the Dong-dong of the Government on September 24, 2013, from the Defendant’s house located in the Da Apartment-gun, 205 Dong 504, up to October 29, 2013, the Defendant did not adopt the adoption with the lapse of three days without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Notice of enlistment in active duty service, inquiry into domestic registration, and application of Acts and subordinate statutes governing military register inquiry;

1. The summary of the Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act on the Military Service Act was refused to enlist in the army according to religious conscience. Under the circumstances where alternative measures such as alternative military service are not prepared, punishing the Defendant’s act is contrary to Article 18(1) of the International Covenant on Civil and Political Rights, which infringes on the freedom of conscience guaranteed by the Constitution and violates Article 18(1) of the International Covenant on Civil and Political Rights. As such, the Defendant’s refusal to enlist in the army has justifiable grounds under Article 88(1) of the Military Service Act.

Judgment

"Justifiable reason" under Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of its performance itself, but it should be deemed that there is a reason that justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, etc., i.e., a reason that is not attributable to

However, Article 88 of the Military Service Act is also applicable to cases where a person who has refused to perform a specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and furthermore, such right has superior constitutional value to the function of the legislative purpose of the above provision.