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

Punishment of the crime

As a person subject to enlistment in active service, the Defendant, at the seat of the branch in Jeju city B around October 31, 2014, failed to enlist in the military on December 1, 2014, after receiving a written notice of enlistment in the name of the director of the Jeju regional military manpower office, to the end of three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement by which C is accused;

1. Notices sent to the Military Manpower Administration;

1. Application of Acts and subordinate statutes to the notification of enlistment in active duty service, the list of those who have notified enlistment in active duty service, the written confirmation of enlistment in E-Mail, and the written consent for acceptance

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 was “novah’s Witness” and refused to enlist in the military according to religious conscience. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The duty of military service, one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a community, and ultimately, is to ensure the dignity and value of all citizens as human beings. Thus, when the freedom of conscience realization conflicts with such duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, and such restriction is a justifiable restriction permitted under the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court en banc Decision 2002Hun-Ga1, Aug. 26, 2004; Supreme Court Decision 2007Do3795, Jul. 12, 2007; etc.). It is a violation of Article 88(1) of the Military Service Act without granting conscientious objectors an opportunity to exempt military service or to alternative military service.

As such, “the freedom of conscience is not contrary to the International Covenant on Civil and Political Rights” (see, e.g., Supreme Court Decision 2007Do7941, Dec. 27, 2007).