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

Punishment of the crime

The Defendant is a religious organization believers B.

On November 19, 2012, the Defendant did not, without justifiable grounds, enlist in the military by December 29, 2012, when he received a written notice of enlistment in active duty service, to be enlisted in the military from the Defendant’s office located in Seo-gu Seoul Special Metropolitan City on December 306, 2012, from the Defendant’s office located in Seoul Special Metropolitan City to December 26, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. The filing of an accusation, a written confirmation of evasion of enlistment, notification of enlistment in active duty service, and the application of statutes of postal inquiry;

1. The Defendant asserts that conscientious objection according to a religious conscience constitutes justifiable cause under the Military Service Act, which is determined as to the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act.

However, the "justifiable cause" of Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of its performance. However, it should be deemed that there is a justifiable reason to refuse the performance of military service on the other hand, in order to exclude the unconstitutional situation, unless there is a justifiable reason to refuse the performance of military service on the other hand, a person who refuses the performance of specific military service is guaranteed by the Constitution of the Republic of Korea. Furthermore, even in a case where it is recognized that the right has a superior constitutional value capable of the legislative purpose of Article 88 (1) of the Military Service Act, even if the right has been punished by the application of Article 88 (1) of the same Act, it would result in undue infringement of his constitutional right.

On the other hand, the exercise of fundamental rights under the Constitution makes it possible for people to live together with others within the national community, and other constitutional values and the legal order of the state.