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

Punishment of the crime

The Defendant was a person liable for military service who is subject to enlistment in the active service, and was issued a notice of enlistment in the military service under the name of the Gangwon-dong Military Manpower Branch Office in the Gangwon-do Military Manpower Branch on May 26, 2015, to enlistment in the 102 supplementary military unit as of July 7, 2015 at the Defendant’s house located in Taecheon-si B 104 Dong 2102 on July 26, 2015, and

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation;

1. The defendant's argument regarding the defendant's assertion regarding criminal facts under Article 88 (1) 1 of the pertinent Article of the Military Service Act is that the defendant refused to enlist in the military according to his religious conscience as the believers of the female and a witness. This assertion is based on the freedom of conscience, freedom of ideas, freedom of religion, etc. guaranteed under Article 19 of the Constitution and Article 18 of the International Covenant on 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.

Supreme Court Decision 2007Do3795 Decided July 12, 2007