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

Punishment of the crime

The defendant, as a "B religious organization", is a person subject to enlistment in active service (in reserve service), and upon receipt of a notice of enlistment of a person subject to enlistment in active service, he/she shall enlist within three days from the date of enlistment.

On October 24, 2017, the Defendant received a written notice of enlistment from the head of Daejeon-nam District Military Affairs Administration from the Defendant’s office located in Seosan-si, Daejeon-si to December 14:00 on December 12, 2017 to the 32 association located in Sejong-si, Chungcheongnam-si, the Republic of Korea, to enlist, and did not, without justifiable grounds, enlist within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to notify the accusation, a written accusation, and full-time enlistment in reserve service;

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

1. The Defendant’s refusal to enlist in the military constitutes conscientious objection, and such conscientious objection constitutes “justifiable cause for refusing enlistment” as prescribed by the Military Service Act.

2. Determination

A. Inasmuch as the exercise of fundamental rights under the Constitution should be carried out within the scope that enables a common life with others within a community and does not endanger other constitutional values and the legal order of the State, the exercise of all fundamental rights, including the freedom of conscience, is a fundamental limitation to the exercise of all fundamental rights. Thus, in a case where there exists a constitutional legal interest to justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

However, Article 88(1) of the Military Service Act, which is a legal provision of the instant case, was prepared to specify the duty of national defense of the most fundamental citizen, and if the State’s security is not guaranteed because such duty of military service is not fulfilled properly, it is difficult to guarantee the dignity and value of the people as human beings.

Therefore, military service is ultimately a human being of all citizens.