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

Punishment of the crime

Although the Defendant received a notice of enlistment in active duty service under the name of the head of the Jeju District Military Affairs Administration that notifies that he is subject to enlistment in active duty service in the Defendant’s residence located in Seopoposi, Seoposi, 2015, and on December 1, 2015, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. A written accusation;

1. Written statements prepared by D;

1. A list of persons notified of enlistment in active duty service, and application of statutes concerning registration data;

1. Relevant legal provisions concerning criminal facts: Determination on the assertion of the defendant and his/her defense counsel under Article 88(1)1 of the Military Service Act

1. The gist of the assertion is that the Defendant’s refusal to enlist in the military constitutes conscientious objection, which is derived from the freedom of conscience under Article 18 of the Covenant on Freedom of Freedom and Article 19 of the Constitution of the Republic of Korea. As such, there exists “justifiable cause for refusing enlistment” under the Military Service Act.

2. Determination

A. Inasmuch as the exercise of fundamental rights under the Constitution should be carried out within the scope that enables a common life with others within a community and does not endanger other constitutional values and the legal order of the State, the exercise of all fundamental rights, including the freedom of conscience, is a fundamental limitation to the exercise of all fundamental rights. Thus, in a case where there exists a constitutional legal interest to justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

However, Article 88(1) of the Military Service Act, which is a legal provision of the instant case, was prepared to specify the duty of national defense of the most fundamental citizen, and if the State’s security is not guaranteed because such duty of military service is not fulfilled properly, it is difficult to guarantee the dignity and value of the people as human beings.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the defendant's person.