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

Punishment of the crime

The Defendant, on October 31, 2013, received the enlistment notice under the name of the head of the Gyeonggi-do Military Manpower Branch Office, which was located in the Gyeonggi-do District Military Affairs Office 76, from November 19, 2013 to November 14:00, the Defendant did not, without justifiable grounds, enlist by the date on which three days elapsed from the date of enlistment, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of accuser C;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. The defendant alleged that he refused to enlist in active duty service according to his religious conscience as a religious believers of "D religious organization". Since this is guaranteed by the freedom of conscience under Article 18(1) of the International Covenant on Civil and Political Rights and Article 19 of the Constitution, the defendant asserts that there exists “justifiable cause” under Article 88(1) of the Military Service Act.

2. On April 10, 1990, Korea has subscribed to the International Covenant on Civil and Political Rights (hereinafter “Convention”) on April 10, 1990.

Article 18 of the above Covenant provides for the freedom of conscience and religion. With regard to the interpretation of the above provision, the United Nations Human Rights Council and the United Nations Human Rights Committee on Human Rights provide that the right to conscientious objection has already been exercised on several occasions based on Article 18 of the Covenant, and the country that does not recognize this right claims to establish an independent and unreasonable decision-making body to determine whether conscientious objectors were seriously conscientious objectors and that conscientious objection was exercised on a specific case.