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 who is a witness to enlistment in active service and is a new witness.

On October 1, 2014, the Defendant received a written notice of enlistment under the name of the head of the Gyeonggi-si Military Manpower Branch Office and the head of the Gyeonggi-do Military Manpower Branch Office on November 306, 2014, and did not, without good cause, enlist within three days from the date of enlistment at the Defendant’s house located in Macheon-si B apartment 501 Dong 1506.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Notification of full-time enlistment;

1. Application of statutes on confirmation of e-mail

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that the Defendant, “Ihovah’s Witness” was a new witness, and thus, refused to enlist in active service as stated in the facts constituting a religious doctrine, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

The Constitutional Court made a decision that Article 88(1) of the Military Service Act, which is a provision punishing a person who evades enlistment, does not violate the Constitution (see, e.g., Constitutional Court Decision 2008Hun-Ga22, 2009Hun-Ga7, 24, 2010Hun-Ga16, 37, 2008Hun-Ba103, 2009Hun-Ba3, 201Hun-Ba16, etc.), which is a provision punishing a person who refuses enlistment in active service on the ground of religious belief). Under the current positive law, the above grounds asserted by the defendant do not constitute justifiable grounds for refusing enlistment in active service.

From the provisions of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member, the right to be exempted from the application of the above provision is not derived, and the United Nations Commission on the ICCPR proposed recommendations.

Even if this does not have any legal binding force, the Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004 and the Supreme Court Decision on November 29, 2007.