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 eligible for call-up of social work personnel, and the person who has received a call-up notice shall comply with the call-up within three days.

Nevertheless, on February 4, 2016, the Defendant directly received a muster notice to the effect that he/she should call the Marine Corps No. 91 on March 7, 2016 at the Defendant’s residence located in Jeju-si, Jeju-si on March 7, 2016, in order to call the Marine Corps No. 91, which was located in Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-do, but did not comply with

Summary of Evidence

1. Part of the defendant's legal statement

1. Written accusation, written statement of accusation by the director of the Jeju Regional Military Manpower Office, and written notice of call-up to social work personnel;

1. Application of notification documents and identification number Acts and subordinate statutes sent to the Military Manpower Administration;

1. Article 88(1)2 of the Military Service Act applicable to criminal facts and the choice of a sentence: The Defendant’s assertion on the Defendant’s assertion on the Defendant’s choice of imprisonment with labor is a new religious organization, and the Defendant refused to enlist in the social work personnel according to his religious conscience, as indicated in its reasoning, and this is recognized pursuant to Articles 10 and 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights; thus, the Defendant’s conscientious objection constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act

The freedom of conscience realization is also a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in the event that there is a constitutional legal interest to justify the restriction, and Article 88(1) of the Military Service Act is prepared to embody the duty of national defense of the most fundamental citizen. If the duty of military service is not properly fulfilled and the national security is not ensured, the dignity and value as a human being cannot be guaranteed. Thus, the duty of military service ultimately is to ensure the dignity and value as a human being of all citizens.