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

Punishment of the crime

The Defendant is a believers of “C religious organization” and is subject to enlistment in active duty service.

On December 13, 2013, at around 18:06, the Defendant received a notice of enlistment in active duty service in the name of the director of the regional military manpower office in Gwangju Southern-gu, Gwangju-gu, 102 Dong-dong 503 on January 13, 2014, to enlistment in the military training center in the military training center in the name of the director of the regional military manpower office in Gwangju-gu.

Nevertheless, without justifiable grounds, the defendant did not enlist in the military for a period of three days from the date of the above designated enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes, written accusation, details of enlistment challenge;

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

1. The alleged defendant refused to enlist in the military according to religious conscience as the believers’s believers. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is based on the freedom of religious conscience guaranteed by the Constitution and the International Covenant on Civil and Political Rights.

2. Among the freedom of conscience as stipulated in Article 19 of the Constitution, the freedom of conscience formation, which remains in the inner trial, cannot be restricted from what is, and thus, subject to absolute protection. On the other hand, the freedom of conscience realization at the stage of externally expressing and realizing conscience, which is a relative freedom, may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. As such, the freedom of military service, which is one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a community, ultimately, is aimed at guaranteeing the dignity and value of all citizens as human beings. Thus, if the freedom of conscience realization conflicts with that of military service, it shall be in accordance with law pursuant to Article 37(2) of the Constitution.