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

Punishment of the crime

The Defendant is a person subject to enlistment in active duty service, and is a new witness of women and children.

On October 1, 2014, the Defendant received a notice of enlistment in active duty service in the name of the head of the Daegu-do Military Manpower Office and the head of the Defendant’s office located in Ansan-si B around 12:23, and on November 25, 2014, to enlistment in the 306 Supplementary Military Service located in Yongsan-dong, Jung-si, Jung-si on November 25, 2014, through the mother of the Defendant, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. A list of persons who evade military service;

1. Application of Acts and subordinate statutes of notification of enlistment in active service;

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

1. The Defendant’s gist of the assertion is “novahovah’s Witness” and refused to enlist in active duty service according to his religious conscience. This constitutes a case where “justifiable cause” under Article 88(1) of the Military Service Act exists.

2. Article 88(1) of the Military Service Act was prepared to specify the duty of national defense in order to realize the basic citizen’s duty of national defense, and it seems clear that if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as a human being cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as a human being of all citizens, and the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests. Thus, for the above constitutional legal interests, the freedom of conscience of conscientious objectors is restricted in accordance with Article 37(2) of the Constitution.

This constitutes a legitimate restriction permitted under the Constitution.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004). Meanwhile, Article 18 of the Covenant on Freedom to Which Korea is a member of the Republic of Korea is the freedom of conscience under Article 19 of the Constitution.