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

Punishment of the crime

On October 24, 2014, the Defendant: (a) received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration in the name of the Defendant, the mother of the Defendant, to enlistment in the Army Training Center located in the Gyeong-gu, Jin-si, Jin-si on December 8, 2014 at the Defendant’s residence located in the building B B in the city of Jin-si on October 24, 2014; and (b) did not, without justifiable grounds, failed to enlist within three

Summary of Evidence

1. Statement by the defendant in court;

1. The filing of an accusation, a written accusation, a notice of enlistment in active duty service, a list of those subject to additional notification for active duty service, and the application of statutes governing registration in Korea

1. The Defendant guilty of criminal facts and reasons for sentencing under Article 88(1)1 of the pertinent Act on the Military Service Act, arguing that the Defendant, as a new religious organization E, did not enlist in the military according to his religious conscience, and that such conscientious objection constitutes “justifiable cause” to refuse enlistment.

However, with respect to the so-called conscientious objection, the Constitutional Court rendered a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court ruled that conscientious objection according to conscience does not constitute “justifiable cause” as provided for the exception of punishment under the above provision, and that the Supreme Court did not derive the right to be exempted from the application of the above provision to conscientious objectors pursuant to conscience from the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea, and that even if the United Nations Commission on Freedom of Law proposed recommendations, this does not have any legal binding force (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do817, Nov. 29, 2007).