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

Punishment of the crime

The defendant is a person subject to enlistment in active service.

On October 18, 2013, the Defendant issued a notice of enlistment in the name of the director of the regional military manpower office in Gwangju-si, to enlistment in the Army Training Center in the Dong-gu, Gwangju-gu, Gwangju-si on December 2, 2013 from the Defendant’s buyer, to the Army Training Center in the Dong-gu, Gwangju-si, Gwangju-si on December 2, 2013, but did not enlist in the training center by the date three days after the enlistment

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of the active duty serviceman;

1. Application of the Acts and subordinate statutes on the annual list of persons who have failed to be drafted, 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 gist of the assertion is that the Defendant conscientious objection is in accordance with the religious doctrine, and the right to conscientious objection is guaranteed pursuant to Article 18(1) of the International Covenant on Civil and Political Rights, and according to Article 6(1) of the Constitution of Korea, the above Covenant has the same effect as domestic law. As such, the Defendant’s refusal to enlist in active duty according to the religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The "justifiable cause" under Article 88 (1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of the performance of such service itself. However, the reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be deemed to be a cause not attributable to the non-performance of the military service. However, in cases where the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the right of the non-performance of the specific military service has superior constitutional value to the legislative purpose of the above legal provision, there is a justifiable reason to refuse the performance of the military