beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the public interest service personnel serving in the Southern-gu Office C.
No person shall waive his service in total for at least eight days without justifiable grounds.
Nevertheless, the Defendant left from January 24, 2014 to February 5, 2014 without justifiable grounds for a total of at least eight days.
2. Determination
A. According to the facts charged in the instant case under the Military Service Act (amended by Act No. 11849, Jun. 4, 2013; hereinafter “the same Act”), the issue of the instant case is that the Defendant was called as public interest service personnel around February 2012. However, as the Military Service Act was amended by Act No. 11849, Jun. 4, 2013, the Defendant deemed public interest service personnel as public interest service personnel under the Addenda. The relevant provisions stated in the reasoning of the judgment do not change the basic contents despite the amendment of the Military Service Act, and thus, the amended Military Service Act is based on the following grounds.
Article 2 (1) 10 of the Act provides that he/she has deserted from his/her service for at least eight days without justifiable grounds. The Defendant and his/her defense counsel asserted that he/she is not guilty of the charges of this case since he/she could not be viewed as a social work personnel because he/she was unable to receive legitimate notice
B. Determination of Article 89-2 Subparag. 1 of the same Act provides that “a person who, without justifiable grounds, has been serving not less than eight days in total as a social work personnel, has been punished by imprisonment for not more than three years.” Article 2(1)10 of the same Act provides that “social work personnel” refers to “a person who is called up to serve in the field of public interest to support social service duties and administrative affairs, etc. necessary for the performance of public interest of State agencies, etc., such as social welfare, health and medical service, education, culture, and environmental safety.” Article 2(1)2 of the same Act provides that “