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 duty service, and is a new witness of women and children.

Although the Defendant confirmed, from October 30, 2015 to December 28, 2015, that the Defendant will enlist in the Army Training Center located in Suwon-si, Suwon-si, Suwon-si to the Army Training Center located in Suwon-si on December 30, 2015, the Defendant failed to enlist without justifiable grounds until three days after the date of enlistment, although he confirmed by e-mail the enlistment notice under the name of the head of the Military Affairs Administration.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Details of confirmation of e-mail notice, application of military register inquiry statutes;

1. Grounds for conviction under Article 88 (1) 1 of the relevant Act on criminal facts;

1. The gist of the Defendant’s assertion is “Ihovah’s Witness” and the Defendant refused to enlist in active service according to his religious conscience. This constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Article 88(1) of the Military Service Act was prepared in order to embody the duty of national defense most fundamental, and as such, if the State’s security is not ensured because the duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as human beings of all citizens, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests. Thus, even if the freedom of conscience of conscientious objectors is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it constitutes a legitimate restriction permitted under the Constitution.

Meanwhile, the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea is a fundamental right that guarantees the freedom of conscience under Article 19 of the Constitution and the freedom of religion under Article 20.