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

Punishment of the crime

The defendant shall be a woman and a witness to be enlisted for active duty service.

around October 28, 2014, the Defendant received a notice of enlistment in active duty service under the name of the director of the Chungcheongnam-gu Military Manpower Office to enlist in the military from the Defendant’s house located in the Cheongju-si Office B, 203 Dong 401 to November 14:00, 2014, according to filling 102, located in the Gangwon-do Seocheon-gu, Cheongcheon-si, Cheongcheon-si, Gangwon-do. On or around October 31, 2014, the Defendant received a notice of enlistment in active duty service from the Defendant’s mother C at the same place.

Nevertheless, without justifiable grounds, the Defendant did not enlist until November 28, 2014, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of accuser;

1. Notice of enlistment in active duty service: November 25, 14;

1. Date of confirmation of e-mail notice, and application of statutes of the domestic registration inquiry document;

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 the right to refuse military service is derived from the international protocol on the Constitution, citizens, and political rights. As such, the Defendant’s refusal of military service on the grounds of a religious belief constitutes “justifiable cause” under Article 88(1) of the Military Service Act and thus, is not guilty.

However, for the following reasons, the defendant's argument is rejected.

“Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the existence of the performance of the duty of military service itself. However, the reason that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, etc.,

However, the right of a person who has refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further the right is capable of the legislative purpose of the above provision.