The sentence against the accused shall be determined by one year and six months of imprisonment.

Punishment of the crime

A person subject to enlistment in active duty service shall not receive a written notice of enlistment in active duty service and shall not be enlisted within three days from the date of enlistment without justifiable grounds.

The Defendant, as a person subject to enlistment in active duty service on September 8, 2017, received a written notice of enlistment in active duty service under the name of the head of the Military Affairs Administration in the name of the North Korean regional military affairs office, and failed to enlist within three days from the date of enlistment, to October 10, 2017, from the Defendant’s house located in the Namnam-si, Namwon-si, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation, written confirmation of evasion of enlistment, and written notice of enlistment;

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

1. The gist of the assertion is C believers who refused to enlist in the military according to religious conscience, and this is a right that belongs to the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and Article 88(1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of the performance of the duty itself. However, the reason that justify the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, such as illness, should be deemed to be limited to the reason that the nonperformance of the duty of military service cannot be attributable to the person who committed the duty

However, the right of a person who has refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and the right has superior constitutional value that functions as the legislative purpose of the above provision.

In addition, if punishment is imposed by applying Article 88(1) of the Military Service Act to the case of recognition, it would result in an undue infringement of his constitutional rights. In this case, it is legitimate to refuse to perform his military service exceptionally in order to exclude such unconstitutional situation.