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 in active duty service.

On October 23, 2013, the Defendant received a written notice of enlistment in active duty service under the name of the director of the regional military manpower office of Gwangju-nam regional military manpower office, to enlist in the military at the Defendant’s house located in Jeonsung-gun, Jeonsung-gun, and from December 3, 2013 to December 14:00, 102 located in the Yongsan-gu, Chuncheon-si, Chungcheongnam-si,

Nevertheless, the Defendant did not enlist in the active duty service on December 6, 2013 after three days from the date of enlistment in the active duty service without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. The Director General of the Military Affairs Administration;

1. Application of Acts and subordinate statutes of domestic registration parcel-post inquiry, conscription list of persons not drafted, enlistment in active service, and notification;

1. Determination as to the assertion of the accused and defense counsel under the main sentence of Article 88(1)1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant, as a believers of a D religious organization, conscientious objection is in accordance with its religious doctrine, and the right to conscientious objection is guaranteed by the Constitution of the Republic of Korea (see Article 18(1) of the International Covenant on Civil and Political Rights) and the right to conscientious objection is guaranteed by the Constitution of the Republic of Korea. As such, the Defendant’s refusal to enlist in active duty according to the religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The "justifiable cause" under Article 88 (1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of the performance of such service itself. However, the reason that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be deemed to be limited to a cause not attributable to the non-performance of the duty of military service such as illness. However, the right of the non-performance of the specific duty of military service is guaranteed by the Constitution of Korea, and the right of the non-performance of such duty has superior constitutional value to the above legal purpose.