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

Punishment of the crime

The Defendant is a person subject to call-up to social work personnel service as a new witness.

On September 12, 2014, the Defendant sent a call-up notice to a social work personnel service provider under the name of the director of the Seoul Regional Military Manpower Office, stating that “from the mother of the Defendant’s mother to October 20, 2014, the Defendant shall respond to the call-up of 36 square meters located at the beginning of the Sinju City via the Kakakao Fla, 2014” to the Defendant’s mother’s mother, and on October 16, 2014, the Defendant did not comply with the call-up without justifiable grounds, despite the direct receipt of the call-up notice to a social work personnel service personnel service provider of the same content in the Kakao Fae

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. A written accusation;

1. The notification of convening social work personnel, and the application of each domestic registration/post office statute to the Acts and subordinate statutes;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)2 of the pertinent Act, the Defendant asserts that he/she, as a female witness, refused enlistment in active duty service according to the freedom of religious conscience, and that conscientious objection based on conscience constitutes justifiable grounds under Article 88(1) of the Military Service Act.

The Constitutional Court made a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception of punishment under the above provision, and even from Article 18 of the “International Covenant on Civil and Political Rights” in which the Republic of Korea is a member of the Republic of Korea, the right to be exempt from the application of the above provision is not derived, and the United Nations Commission on Freedom of Civil and Political Rights proposed recommendations.