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

Punishment of the crime

The defendant is a witness witness in Jehovahovah.

On August 12, 2016, the Defendant received a written notice of enlistment in active duty service under the name of the director of the regional military manpower office having jurisdiction over the territory of Chuncheon, to enlistment in the 102 supplementary units located in the city of Chuncheon by September 20, 2016, and did not, without good cause, enlistment until September 23, 2016, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The publication of enlistment notice, the list of enlisted persons, the current status of the delivery of registration, and the application of statutes governing the military register;

1. As to the Defendant’s assertion on criminal facts under Article 88(1) of the pertinent statutory provisions of the Military Service Act, the Defendant, as “novah’s Witness, refused enlistment according to a religious belief.” This asserts that conscientious objection is based on the freedom of conscience guaranteed by the Constitution and the International Covenant on Civil and Political Rights and the freedom of religion, and constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

However, the freedom of conscience under the Constitution is recognized, and it is not recognized as the right to refuse to perform the duty of military service on the grounds of conscience, but can be recognized separately only when the Constitution expressly provides for this.

(See Constitutional Court Order 2002HunGa1 delivered on August 26, 2004, etc.). Also, the issue of whether to introduce the alternative military service in relation to the duty of military service is ultimately attributable to the issue of the legislator’s decision on whether “it does not interfere with the achievement of the important public interest of national security even if alternative military service is permitted.” The issue of whether to introduce the alternative military service system is ultimately attributable to the issue of whether the introduction of the alternative military service system would interfere with social integration.