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 enlistment in active service.

On August 22, 2014, the Defendant received a notice of enlistment in the name of the director of the regional military manpower office ordering enlistment on October 14, 2014 from the Defendant’s office located in Gangwon-gun B, and on October 22, 2014, from the 306 Supplementary Zone located in Jung-si, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

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

1. The defendant's argument regarding the defendant's assertion regarding criminal facts under Article 88 (1) 1 of the pertinent Act on the Military Service Act is that the defendant refused to enlist in the military according to his religious conscience as the believers of the D church. This argument is based on the freedom of conscience, freedom of thought, freedom of religion, etc. guaranteed under Article 10 of the Constitution and Article 18 of the International Covenant on the Civil and Political Rights (Free Covenant), which constitutes "justifiable cause" under Article 88 (1) of the Military Service Act.

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.

(See Supreme Court Decision 2007Do3795 Decided July 12, 2007).