The defendant shall be innocent.

1. The summary of the facts charged is “B religious organizations” and is subject to enlistment in active service.

No person who receives a notice of enlistment in active duty service or of call-up shall enlist in the military even three days after the date of enlistment without justifiable grounds.

Nevertheless, the Defendant received a written enlistment notice to the effect that he/she will be enlisted at the Defendant’s residence located in the Gongju-si on October 23, 2015 from December 1, 2015, but failed to enlist within three days from the date of enlistment without justifiable grounds.

2. The judgment prosecutor prosecuted the charged facts by applying Article 88(1) of the Military Service Act.

On the other hand, the defendant asserts that there is a justifiable reason, since he did not enlist in the military even after receiving the written notice as stated in the facts charged, as he did not refuse military service accompanied by collective training and military training due to sexual intercourse as a new religious organization.

Article 88(1) of the Military Service Act provides, “A person who has received a notice of enlistment in active service or call-up (including a notice of enlistment through recruitment) shall be punished by imprisonment with prison labor for not more than three years, if he/she fails to enlist in the army or fails to comply with a call-up after the lapse of the following period from the date of enlistment or call-up without justifiable grounds.” Article 88(1)1 provides

The Supreme Court en banc Decision 2016Do10912 Decided November 1, 2018 refers to an act of refusing to perform the duty of military service involving gathering or bearing arms on the grounds of a conscientious decision based on conscience established in religious, ethical, moral, philosophical or similar motives. However, forcing genuine conscientious objectors to perform the duty of military service involving gathering arms and bearing arms and bearing arms and punishing such conscientious objectors for nonperformance is an excessive restriction on the freedom of conscience guaranteed by Article 19 of the Constitution, or a threat to essential elements.