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

Punishment of the crime

On September 30, 2013, the Defendant received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-do regional military manpower office to enlist in the Army Training Center located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do as of October 28, 2013 through the Defendant’s father E at the Defendant’s office located in Gwangju-si and 401 (D building) on September 30, 2013, but did not enlist without justifiable grounds by not later than three days after the date of enlistment

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Domestic Registration and Inquiry;

1. Application of Acts and subordinate statutes to military register inquiry and notice 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 gist of the assertion is that the Defendant, as a believers of “F Religious Organizations”, did not enlist in the military according to religious belief or conscience, and there is a justifiable reason to refuse enlistment.

2. Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value as human beings cannot be guaranteed if the duty of military service is not fulfilled properly and the national security is not ensured.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, and thus, the freedom of conscience of defendants is restricted in accordance with Article 37(2) of the Constitution for such constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

Furthermore, in order to secure the performance of military service, a broad legislative discretion has been reserved in regard to whether punishment is imposed on a person refusing enlistment in active service, and whether to recognize alternative military service. As such, even if a person refusing enlistment in active service on the grounds of conscience and religious freedom has a provision imposing punishment without any special exception that can substitute enlistment in active service, the excess is prohibited.