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

Punishment of the crime

Any person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

On September 23, 2013, the Defendant received from the Defendant’s father, his father, and confirmed the enlistment notice under the name of the director of the regional military manpower office in the name of Daegu-gu North Korean Military Manpower Office from C to November 15, 2013, stating that he will enlist in the 50 association located in the Daegu-gu North Korean Military Manpower Office from the Defendant’s house located in the Nam-gu North Korean Military Manpower Office, Nam-gu, Daegu-gu, Daegu-si, and did not enlist until November 15, 2013, on which three days have elapsed from

Summary of Evidence

1. Defendant's legal statement;

1. Statement of accuser;

1. The Defendant asserts that there exists “justifiable cause” under Article 88(1) of the Military Service Act as the believers of “E religious organization” and thus refusing enlistment according to religious doctrine and conscience.

With respect to the so-called conscientious objection, the Constitutional Court rendered a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see Constitutional Court Order 2002Hun-Ga1, August 26, 2004; Constitutional Court Order 2008Hun-Ga22, August 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception to punishment in the above provision. The right that conscientious objection according to conscience is exempt from the application of the above provision even from the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea is a member of the Republic of Korea, and the United Nations Commission on Freedom of Civil and Political Rights presented a recommendation to the conscientious objectors.

Even if this does not have any legal binding force, it has been decided that it does not have any legal binding force.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, and Supreme Court Decision 2007Do8187 Decided November 29, 2007, etc.). Defendant’s assertion is contrary to the above decision of the Constitutional Court and the purport of the decision of the Supreme Court.