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

Punishment of the crime

The Defendant, as a person subject to enlistment in active duty service on September 24, 2013, was served with a notice of enlistment in active duty service under the name of the director of the regional military manpower office prior to North Korea, and did not enlist without justifiable grounds until three days have passed from the date of enlistment, to October 29, 2013, from the window of the mother-friendly operation of the Defendant’s mother-child in the Namwon-si B, Namwon-si, to October 14, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared in C;

1. Application of the list of those to be enlisted in active duty service, the domestic registration/post transfer-related Acts and subordinate statutes;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant statutory provisions of the Military Service Act, arguing that the Defendant’s refusal of enlistment in active duty service as the believers of D religious organization based on the religious doctrine constitutes “justifiable cause” under Article 88(1) of the Military Service Act. However, there is no exception in the Military Service Act to exempt a person who refuses enlistment in active duty service on account of a religious belief from enlistment in active duty service or to substitute it for another type of service. This cannot be deemed to exceed the discretionary scope for the legislative formation, and thus, the grounds alleged by the Defendant cannot be construed to include justifiable cause under the provisions of the aforementioned Military Service Act.

In addition, according to the International Covenant on Civil and Political Rights which Korea has joined on April 10, 1990, it is difficult to deem that the right to conscientious objection is recognized or legal binding force on conscientious objection is established. International human rights treaties that explicitly recognize the right to conscientious objection do not exist, and even if the right to conscientious objection is guaranteed in some countries such as Europe, international customary law on the guarantee of the right to conscientious objection has been established globally.