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

Punishment of the crime

The defendant shall be those subject to enlistment in active duty service and those who have received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant, at the Defendant’s residence located in Ulsan-gu B, Ulsan-gu, 101 Dong 202 on October 18, 2016, received a notice of enlistment in the active duty service under the name of the head of the regional military affairs office of Busan-do, to enlistment in the association No. 28 on November 29, 2016, but did not, without justifiable grounds, enlist until three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Notice of enlistment in active service;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

A. The Defendant asserts to the effect that there exists a “justifiable cause” as stipulated in the above provision of the Military Service Act, since he refused to convene a meeting according to a religious conscience, which is the believers of the religion, who are female and female witnesses.

B. (1) Determination should be made to the extent that the exercise of fundamental rights under the Constitution enables a common life with others within the State community and does not endanger other constitutional values and the legal order of the State.

Since this is the basic limitation of the exercise of all fundamental rights including the freedom of conscience, the freedom of conscience realization can be restricted by law in accordance with Article 37, Paragraph 2 of the Constitution if there is a constitutional legal interest to justify the restriction.

(2) Article 88(1)1 of the Military Service Act provides that a person who receives a written notice of enlistment in active service fails to enlist in the military even though the period of three days from the date of enlistment without justifiable grounds, shall be punished by imprisonment for not more than three years.

This is prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as human beings cannot be guaranteed.