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 subject to enlistment in active duty service, and is a new witness of women and children.

A person subject to enlistment in active duty service who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on June 2, 2015, the Defendant’s mother, at the home of the Defendant located in the wife B, on July 27, 2015, failed to enlist by July 30, 2015, without justifiable grounds, even though he received a notice of enlistment from the head of the Gyeong-si Military Affairs Administration to enlist in the Army Training Center located in the Geumsan-si, Seosan-si, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written statement);

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. The gist of the argument is that the Defendant refused to enlist in active duty service according to a religious conscience as a witness of the Jehovah, and such right to refuse to serve in active duty service is not only the right guaranteed by Article 19 of the Constitution or Article 18 of the United Nations’s “International Covenant on Civil and Political Rights” but also the UN Commission on the Freedom of Civil and Political Rights determines that punishment for conscientious objectors violates Article 18 of the International Covenant on Civil and Political Rights. Thus, the Defendant’s refusal to serve in active duty service constitutes “justifiable cause” as stipulated in Article 88(1) of the Military Service Act.

2. Determination

A. “Justifiable cause” under Article 88(1) of the Military Service Act should, in principle, be deemed as the existence of an abstract duty of military service and the existence of the performance of the duty itself, and the reason why it can justify the nonperformance of the duty specified as such, i.e., the reason why the nonperformance of the duty cannot be attributable to the person who committed the act.

However, the right of a person who has refused to fulfill the specific obligation is guaranteed by the Constitution of the Republic of Korea, and the right is further guaranteed by the said Article.