Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

No person who has received a notice of enlistment in active duty service or of call-up shall enlist in the military without justifiable grounds within three days from the date of enlistment.

Even though the defendant was served with a notice of enlistment in the name of the director of the regional military manpower office of Gwangju-si to enlist in the Army Training Center located in Pyeongtaek-si from the defendant's office located in Pyeongtaek-si B and 202 around September 9, 2015 to October 26, 2015, the defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A written accusation;

1. Application of the Acts and subordinate statutes of one copy of a registered inquiry;

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

1. The defendant asserts that he refused to enlist in active duty service according to his religious conscience training as the believers of the religion called “novahovah’s Witness,” and that the right to conscientious objection is a specific right guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Convention”), and that the defendant does not constitute a crime for the justifiable reason under Article 88(1) of the Military Service Act (hereinafter “the instant legal provision”).

2. Determination

A. The "justifiable cause" in the legal provision of this case is, in principle, premised on the existence of abstract military service and the confirmation of the performance of the duty itself. However, it should be deemed that there is a cause that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, etc., as long

(See Supreme Court Decision 67Do677 delivered on June 13, 1967, and Supreme Court Decision 2003Do5365 delivered on December 26, 2003, etc.) (b).

However, the right of a person who has refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea.