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

Punishment of the crime

The Defendant, as a person subject to enlistment in active duty service, failed to enlist without justifiable grounds by the date three days after the date of enlistment from the date of enlistment, after receiving a notice of enlistment in the name of the director of the Incheon Gyeonggi-do regional military manpower office to enlistment in the 20 unit located in Gyeyang-gu, Incheon on June 25, 2015 from 105 to 803 Dong-gu, Incheon on August 18, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of accuser C;

1. Military register inquiry;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

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

1. The alleged defendant, as a witness of women’s family, sent to the Military Manpower Administration a written statement that he cannot arms according to his religious conscience, and refused to enlist. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The duty of military service, one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a community, and ultimately, is to ensure the dignity and value of all citizens as human beings. Thus, when the freedom of conscience realization conflicts with such duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, and such restriction is a justifiable restriction permitted under the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court en banc Decision 2002Hun-Ga1, Aug. 26, 2004; Supreme Court Decision 2007Do3795, Jul. 12, 2007; etc.). It is a violation of Article 88(1) of the Military Service Act without granting conscientious objectors an opportunity to exempt military service or to alternative military service.

As to “civil and political rights” is not construed as contrary to the International Covenant on Civil and Political Rights (see, e.g., Supreme Court Decision 2007Do7941, Dec. 27, 2007), the freedom of conscience is guaranteed by the Constitution or the above regulations.