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

Punishment of the crime

On October 25, 2017, the Defendant received a notice of enlistment in the active duty service under the name of the head of the Military Affairs Administration of Gwangju Southern District Office to enlistment in the Army Training Center located in Busan, as of December 4, 2017, from the Defendant’s house located in the Defendant’s house No. 2 apartment No. 2, 2017, and the Defendant did not, without justifiable grounds, enlist within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of Acts and subordinate statutes governing the notice of enlistment in active duty service (reserve service) and the receipt of the notice of enlistment;

1. Article 88(1)1 of the Military Service Act, as to the Defendant’s assertion on criminal facts, was prepared to embody the most fundamental citizen’s duty of national defense, and the duty of military service ultimately aims to ensure the dignity and value as a whole of the people. The freedom of conscience of a conscientious objector cannot be regarded as superior value to the above constitutional legal interests (see Supreme Court Decision 2004Do2965, Jul. 15, 2004). The Constitutional Court also decided that Article 88(1) of the Military Service Act does not violate the Constitution (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). Thus, it is difficult to deem that there exists justifiable grounds for the Defendant to refuse to perform the duty of military service solely on the grounds that the freedom of conscience is guaranteed by the Constitution.

Article 18 of the International Covenant provides almost the same content as the scope of protection of fundamental rights guaranteed in the interpretation of the freedom of conscience under Article 19 of the Constitution and the freedom of religion under Article 20 of the Constitution, and it cannot be viewed that the right to be exempted from the application of Article 88(1) of the Military Service Act exceptionally from the above provision of the Covenant is derived. As to whether to introduce the alternative service system, it is necessary to grant a wide range of discretion to the legislators of the member state of the above Covenant, it is difficult to introduce the alternative service system.