The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is that Article 21(2) of the Enforcement Decree of the Military Service Act (amended by Presidential Decree No. 27620, Nov. 29, 2016; hereinafter the same shall apply) does not violate the Constitution, and it is difficult to view that domestic affairs are unconstitutional.

Even if the former Enforcement Decree of the Military Service Act delegates the head of the regional military service office to take a separate enlistment measure for those subject to enlistment in active duty service, and thus, it is a matter to be determined through an adjudication of constitutionality by the Constitutional Court. However, the lower court determined Article 21 (2) of the Enforcement Decree as unconstitutional and acquitted, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On December 24, 2015, the Defendant directly received a written notice of enlistment in active duty service under the name of the head of the Busan Regional Military Affairs Administration in the name of the head of the Busan Regional Military Affairs Administration, stating that “A person subject to separate enlistment in active duty service, who, on January 12, 201, entered the Busan Regional Military Manpower Administration, located in the Busan Regional Military Manpower Administration (301, Jun. 12, 2016) as a training in Suwon-gu, Busan Regional Military Manpower Administration.”

Nevertheless, the Defendant did not enlist in the military without justifiable grounds until January 15, 2016, for which three days have passed from the date of entering the military.

B. The lower court’s judgment held that Article 21(2) of the Enforcement Decree of the Military Service Act, which provides for the reduction of the service period of a notice of enlistment for a person subject to separate enlistment in the active duty service, violates the Constitution and the rule of law, and thus, violates the Constitution. The notice of enlistment to the Defendant of the head of Busan Regional Military Manpower Administration, who did not serve 30 days before the date of enlistment, is unlawful. Thus, even if the Defendant did not serve within 3 days after the date of entry in the military after the determination

The decision was determined.

(c)

Article 16 (Enlistment in Active Service) of the Military Service Act (Amended by Act No. 14183, May 29, 2016) (1) Article 16 (Enlistment in Active Service) (1) The head of the regional military affairs administration shall either undergo a draft physical for persons whose order of conscription in active service is determined, or the following.