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

Punishment of the crime

As a person subject to enlistment in active service, the Defendant received a written notice of enlistment in the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlist in active service on October 7, 2014, at the Defendant’s residence located in Yongsan-si B and 302, using the Internet patriotism site, on November 18, 2014, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. Notices sent to the Military Manpower Administration;

1. Application of Acts and subordinate statutes to military register, enlistment in active service, and notification;

1. Article 88(1)1 of the pertinent Act on criminal facts provides that the duty of military service based on a conviction judgment is ultimately to ensure the dignity and value of all citizens as human beings. Thus, the freedom of conscience cannot be considered as superior value without any restriction.

Therefore, the State’s criminal punishment of conscientious objectors in accordance with the reasonable legislative discretion violates the Constitution Article 10, Article 19, and Article 37(2) of the Constitution, thereby unfairly infringing on the freedom of conscience.

There is no violation of Article 6(1) of the Constitution or Article 18 of the International Covenant on Civil and Political Rights.

In addition, conscientious objection does not constitute “justifiable cause” under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decisions 2014Do5502, Jul. 10, 2014; 2004Do2965, Jul. 15, 2004).