Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

No person who has received a notice of enlistment in active duty service or of call-up shall enlist in the military without justifiable grounds within three days from the date of enlistment.

Nevertheless, the Defendant, at the Defendant’s office around March 27, 2015, failed to enlist in the 102 supplementary units located in the Switzerland-si, Chuncheon-si around May 12, 2015, even though he received a notice of enlistment in the name of the director of the Incheon Gyeonggi-do regional military manpower office to enlist in the active service.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the accuser (C);

1. Parcel-post inquiry;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

1. The defendant asserts that he refused to enlist in active duty service according to his religious conscience training as the believers of the religion called “novahovah’s Witness,” and that the right to conscientious objection is a specific right guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Convention”), and that the defendant does not constitute a crime for the justifiable reason under Article 88(1) of the Military Service Act (hereinafter “the instant legal provision”).

2. Determination

A. The "justifiable cause" in the legal provision of this case is, in principle, premised on the existence of abstract military service and the confirmation of the performance of the duty itself. However, it should be deemed that there is a cause that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, etc., as long

(See Supreme Court Decision 67Do677 delivered on June 13, 1967, and Supreme Court Decision 2003Do5365 delivered on December 26, 2003, etc.) (b).

However, the right of a person who has refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and the right is further guaranteed by the legal provision of this case.