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

Punishment of the crime

A person who has received a written notice of enlistment in active duty service shall not be enlisted for the military service within three days from the date of enlistment without justifiable grounds.

However, the Defendant, through the e-mail around October 26, 2015, did not enter the army training center in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, 2015 without justifiable grounds, upon receipt of a notice of enlistment in the active duty service under the name of the head of the Military Affairs Administration in Daegu-gu, the Defendant did not enter the army for three days after the date of enlistment, even though he was given a notice of enlistment in the name of the head of the Military Affairs Administration.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to bring an accusation against any offender of the Military Service Act;

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

1. The Defendant alleged that he was “nicker and Witness” and did not enlist in the military according to his religious doctrine and conscience.

Article 19 of the Constitution guarantees the freedom of conscience.

The defendant's refusal to enlist has a justifiable reason under Article 88 (1) of the Military Service Act.

2. Article 88(1) of the Military Service Act that punishs a person who evades enlistment in the army does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga2, Aug. 30, 201). Moreover, the so-called conscientious objection pursuant to one’s conscience does not constitute “justifiable cause” as provided for by the exception of punishment under the Military Service Act, and punishing the same does not contravene the freedom of conscience guaranteed by Article 19 of the Constitution.

B. According to Article 18 of the International Covenant on Civil and Political Rights, in which Korea is a member of the Republic of Korea, the right of conscientious objectors pursuant to conscience is not derived from the right to be exempted from the application of the Military Service Act, and even if the United Nations Commission on the ICCPR proposed a recommendation, this does not have any legal binding force (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2007Do8187, Nov. 29, 2007). The Defendant’s religion.