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

Punishment of the crime

The Defendant is a Jehovah’s Witness.

On February 17, 2016, the Defendant, as a person in active duty service, was issued a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of the Chungcheongbuk-si, the Defendant’s mother, at the head of the Defendant’s office located in the Chungcheongnam-do, 205, 208 Dong 208, to the end of March 22, 2016, to the end of 102, in the name of the head of the Cheongcheon-si, Chungcheongnam-si, Seoul Special Metropolitan City.”

Despite such fact, the defendant did not enlist in the military without justifiable grounds for more than three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of accusers written in D;

1. Determination on the Defendant’s assertion as to the notification of additional enlistment in active duty service, notification of enlistment in active duty service, and application of the registered mail provision (Article 88(1)1 of the Military Service Act. The gist of the argument is that the Defendant refused enlistment in active duty according to his religious conscience. Such conscientious objection not only is guaranteed pursuant to Article 18 of the Constitution’s freedom of conscience and “International Covenant on Civil and Political Rights” but also can be derived from the generally recognized international laws and regulations.

Therefore, the Defendant’s refusal of military service constitutes “a violation of the Military Service Act” under Article 88(1) of the Military Service Act, and thus, the Defendant breached the same.

shall not be deemed to exist.

2. “Justifiable cause” under Article 88(1) of the former Military Service Act should, in principle, be deemed as a cause that is not attributable to a person who committed an act of nonperformance, such as disease, etc., on the premise that the existence of an abstract duty of military service and the recognition of the performance of the duty itself, but that is, a reason that may justify the nonperformance of the duty specified.

However, there is a superior constitutional value that a person who has refused to fulfill a specific obligation is guaranteed by the Constitution of the Republic of Korea and further has superior constitutional value that functions as a legislative purpose of the above legal provision.

88,000.