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 after being judged to be subject to enlistment in Grade III.

A person who has received a written notice of enlistment in active duty service shall not be enlisted within three days from the date of enlistment without justifiable grounds.

On August 25, 2016, the Defendant refused to enlist in active duty service on the ground that, even though he directly received a written notice of enlistment to enlist in active duty service from the Defendant’s dwelling located in Yangju-si C and 104 on October 11, 2016, he could not be enlisted in active duty service according to religious faith as a female witness.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Notice of enlistment;

1. Inquiries about postal delivery;

1. Notices of notification;

1. A fact-finding certificate;

1. Certificate of identification number;

1. Application of Acts and subordinate statutes governing resident registration;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant refused enlistment based on his religious belief or conscience as a female witness, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant’s violation of the Military Service Act against the Defendant is not established.

On the other hand, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that if the national security is not secured because the duty of military service is not fulfilled properly, it is not possible to guarantee the dignity and value of the people as human beings.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, so even if the freedom of conscience of a defendant is restricted in accordance with Article 37(2) of the Constitution, it is a legitimate restriction permitted under the Constitution.

B. Whether or not a punishment should be imposed on those who refuse to enlist in active service in order to secure the performance of military service.