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

Punishment of the crime

On September 23, 2013, the Defendant, as a person to be enlisted in active duty service, received a notice of enlistment in the name of the director of the Daejeon District Military Manpower Office in the name of Daejeon Chungcheongnam-si, Daejeon District Military Manpower Office to enlist in the army according to supplement 102 from 104 Dong 1403 to 5 November 2013, 2013, which is the Defendant’s domicile, and did not enlist in the army without justifiable grounds by the date three days have elapsed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of a person who has evaded military service, a complaint of military service, a written accusation, or an accuser;

1. Notification of enlistment in active duty service and application of statutes governing 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.

Military service that is recognized by the national defense clause in our Constitution and the military service clause.