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

Punishment of the crime

The Defendant is a new witness to be enlisted in active service.

The Defendant, at around April 14, 2014, did not directly receive a written notice of enlistment in the military service under the name of the head of the Gyeonggi-do Military Manpower Branch Office and did not enlist in the military service according to a religious belief by not later than three days after the date of enlistment, and did not enter the military service without justifiable grounds, in which he did not directly receive a written notice of enlistment in the military service under the name of the head of the Gyeonggi-do Military Manpower Branch Office and the head of the Gyeonggi-do District Military Manpower Branch Office,

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Determination as to the assertion of the Defendant’s choice of imprisonment with prison labor, Article 88(1) of the pertinent Act on criminal facts, Article 88 of the Military Service Act

1. The Defendant asserted that he is a witness with a good faith and refuses military service based on a religious conscience. As conscientious objection is recognized pursuant to Article 18 of the International Covenant on Civil and Political Rights and Article 19 of the Constitution, conscientious objection constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. The Constitutional Court made a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The conscientious objection based on conscience does not constitute “justifiable cause” as provided for the exception to punishment under the foregoing provision. Article 18 of the International Covenant on Civil and Political Rights in which the Republic of Korea is a member of the Republic of Korea, does not derive the right to be exempt from the application of the foregoing provision of the Military Service Act to conscientious objectors according to conscience, and the United Nations Commission on Freedom of Rights presented recommendations.

Even if this does not have any legal binding force (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do8187, Nov. 29, 2007).