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

Punishment of the crime

The Defendant is a “B religious organization” and is subject to enlistment in active duty service.

As of June 12, 2013, the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Administration to enlist in the Army Training Center located in Seosan-si, Seosan-si as of July 29, 2013, by e-mail, and confirmed it, but did not enlist without justifiable reasons by the date three days have elapsed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the Military Service Act, the Defendant asserts that he/she is not guilty as he/she refused enlistment on the grounds that he/she is a religious belief and conscience.

On the other hand, the duty of military service under Article 39 of the Constitution and Article 88(1) of the Military Service Act is ultimately to ensure the dignity and value of all citizens as human beings, and the defendant’s freedom of conscience cannot be regarded as a superior value to the above constitutional legal interests. Thus, for the above constitutional legal interests, the freedom of conscience of the defendant is restricted pursuant to Article 37(2) of the Constitution.

Even if this is a legitimate restriction permitted by the Constitution, it is bound to be a legitimate restriction.

(See Supreme Court Decision 2004Do2965 Decided July 15, 2004, etc.). Therefore, the refusal of enlistment based on a religious conscience cannot be deemed as constituting “justifiable cause” under the Military Service Act, and the Defendant’s above assertion is rejected.