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 in active duty service.

On October 21, 2014, the Defendant issued a notice of enlistment in active duty service at the office of the Defendant located in Sungnam-gu, Sungnam-si, and on November 24, 2014, to the Army Training Center located in Seosan-si, Seosan-si, but did not enlist for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of accuser C;

1. Application of Acts and subordinate statutes concerning registration postal services for training;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts that the Defendant, as a witness of Jehovahovah’s Republic, refused enlistment in active duty service according to his religious doctrine in accordance with the order of conscience, and that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

In principle, “justifiable cause” as referred to in Article 88(1) is premised on the existence of abstract military service and the confirmation of the performance of such service. However, the reason that can justify the nonperformance of such duty of military service as specified by the decision of the Commissioner of the Military Manpower Administration, i.e., illness, etc., unless it is attributable to the person who failed to perform such duty of military service. As to the so-called conscientious objection, the Constitutional Court decided that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading military service, does not violate the Constitution (see Constitutional Court Order 2002HunGa1, Aug. 26, 2004). The Supreme Court did not constitute “justifiable cause” as provided for the exception of punishment under the above provision, and even from Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a member, the Freedom Commission does not derive the right to be exempt from the application of the above provision.