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

Punishment of the crime

On June 19, 2015, the Defendant received a notice of enlistment in active duty service under the name of the director of the Busan Regional Military Manpower Office to enlistment in the Army Training Center on August 24, 2015 from the Defendant’s house located in Ulsan-gu, Ulsan-gu around June 19, 2015, and did not enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to notify enlistment in active duty service, and notification sent to the Military Manpower Administration;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Article of the Military Service Act is a member of the “nhovah’s Witness” and refused enlistment according to a religious conscience. This is a right recognized pursuant to Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights. As such, the Defendant asserts that conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act.

However, even from Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a party, the Supreme Court does not have any justifiable reason for the so-called conscientious objection to military service under Article 88(1) of the Military Service Act, and does not derive the right to be exempted from the application of the said provision to conscientious objectors, and presented recommendations by the United Nations Commission on ICCPR.

Even if this is not legally binding, it is not legally binding.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, and Supreme Court Decision 2007Do8187 Decided November 29, 2007, etc.). From the perspective of legislation, the refusal of enlistment on the ground of religious belief and conscience cannot be deemed as a justifiable cause under Article 88(1) of the Military Service Act under the current Constitution and statutory construction of the Republic of Korea, regardless of the fact that the Defendant may relieve those who refuse enlistment according to religious belief and conscience.

other than this.