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

Punishment of the crime

The Defendant was a person subject to enlistment in active duty service on October 6, 2014, and received a notice from the Defendant’s office to November 11, 2014, to enlistment in the 102 supplementary unit located in Gangwon-si, Gangwon-do, Gangwon-do, to enlistment in the active service under the name of the head of the Gangwon-do Military Manpower Branch Office, but failed to enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

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

1. The defendant and his defense counsel's assertion about criminal facts as to the defendant and defense counsel under Article 88 (1) 1 of the pertinent Act on the Military Service Act, who refused to enlist in the military according to religious conscience as the believers of a church of a religious organization. This asserts that such refusal constitutes "justifiable cause" under Article 88 (1) of the Military Service Act, since it is based on the freedom of conscience, freedom of thought, freedom of religion, etc. guaranteed under Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (Free Covenant

The freedom of conscience formation, among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner depth, cannot be restricted to what is, and thus, is subject to absolute protection. On the other hand, the freedom of conscience realization in the stage of externally expressing and realizing conscience formed as such may be restricted by law if it violates legal order itself or conflicts with other constitutional values. As such, the freedom of conscience realization, which is one of the citizens’ duty of national defense as stipulated in Article 39(1) of the Constitution, is the most fundamental demand for the existence of a national community, and ultimately guarantees the dignity and value of all citizens as human beings. Thus, if the freedom of conscience realization conflicts with the duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, which is a legitimate restriction permitted under the Constitution.

Supreme Court Decision 201No. 12. 7. 12.