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

Punishment of the crime

On November 12, 2012, the Defendant received a notice of enlistment in active duty service under the name of the director of the Daegu-do regional military manpower office to enlistment in the Army Training Center located in Daegu-gu Incheon Metropolitan Government B 206 Dong 404 (C apartment) on December 17, 2012 from the Defendant’s home, to the Army Training Center located in Chungcheong City D on December 17, 2012, and did not enlistment after three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A E-document;

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

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent statutory provision of the Military Service Act, the Defendant refused to enlist in active duty service according to his religious conscience. The Defendant asserts that conscientious objection constitutes “justifiable cause” under Article 18(1) of the International Covenant on Civil and Political Rights (hereinafter “Rules”) and Article 19 of the Constitution, and that the refusal of military service based on a religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant is acquitted.

Article 18(1) of the above Covenant provides that "any person shall have the right to enjoy the freedom of thought, conscience, and religion. This right includes freedom to hold or accept any religious or faith chosen by him, or freedom to express his religious or belief through a worship, event, or missionary work jointly with another person." However, a conscientious objectors shall be punished as a violation of Article 88(1) of the Military Service Act without granting military service exemption or alternative military service opportunity to a conscientious objector.

In short, such an interpretation does not contravene the foregoing bylaws (see, e.g., Supreme Court Decision 2007Do7941, Dec. 27, 2007). Moreover, conscientious objection pursuant to a religious conscience may not be deemed to include justifiable grounds under Article 88(1) of the Military Service Act.

I would like to say.

(Supreme Court Decision 2004Do2965 Decided July 15, 2004). Accordingly, a religious person is religious.