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

Punishment of the crime

The Defendant, on October 11, 2013, received a notice of enlistment in the name of the director of the Daejeon District Military Manpower Office to enlist in the 306 Supplementary Zone located in the Dong-dong of the Government on November 5, 2013, and did not, without justifiable grounds, enlist in the military on the date three days have elapsed from the date of enlistment, even though he directly received a notice of enlistment in the name of the director of the Daejeon District Military Manpower Office, which was located in the area of his residence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement that is the accusation of D;

1. Application of Acts and subordinate statutes governing the public notice of addition of persons subject to enlistment in active service, the registry office, the mail bureau, and the military register inquiry;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that, as he refused enlistment according to his religious belief and conscience, there exists “justifiable cause” under Article 88(1) of the Military Service Act, and that punishing the Defendant under the said provision is unreasonable.

“Justifiable cause” under Article 88(1) of the Military Service Act shall, in principle, be deemed to be the existence of an abstract duty of military service and the existence of the performance of the duty itself, but the reason that can justify the nonperformance of the duty specified, i.e., the cause that is not attributable to the person with nonperformance, such as illness

However, even in cases where a person who has refused to perform a specific duty is guaranteed by the Constitution of Korea and furthermore, has superior constitutional value to the function of the legislative purpose of the above provision, if punishment is imposed by applying the above provision, it would result in an undue infringement on his/her constitutional rights. Therefore, it is reasonable to deem that there exists “justifiable cause” to refuse to perform the duty, in order to exclude such unconstitutional situation.

In our Constitution, the duty of military service recognized by the national defense clause, the duty of military service clause, etc. is a community of the State.