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

Punishment of the crime

The defendant is a witness with female as a person subject to enlistment in the full time reserve service.

On September 19, 2014, the Defendant received a notice of enlistment in active duty service under the name of the director of the Daejeon District Military Manpower Office to enlistment in the 32 company located in Sejong-si on October 21, 2014 from the Defendant’s house located in Chungcheongnam-si around September 19, 2014, and failed to enlist for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Adjustment of the enlistment date in active duty service and military register inquiry;

1. Application of Acts and subordinate statutes of parcel post offices;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act concerning Article 88(1)1 of the Military Service Act argues to the effect that, as the Defendant refused enlistment according to his religious belief and conscience, there exists “justifiable cause” under Article 88(1) of the Military Service Act, and therefore, punishing the Defendant pursuant to the said provision is unreasonable

The justifiable reason under Article 88(1) of the Military Service Act is, in principle, based on the existence of abstract military service and the confirmation of the performance of the duty itself, but it should be deemed that there is only a reason that can justify the non-performance of the duty specified, such as illness, and that there is no reason that can not be responsible

However, even in cases where a person who has refused to perform a specific obligation is guaranteed by the Constitution of Korea, and even in cases where the right is recognized as having superior constitutional value capable of the legislative purpose of the above provision, if the 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 view that there exists “justifiable cause” to refuse to perform the obligation to the person, in order to exclude such unconstitutional situation.

In our Constitution, the national territory defense clause and the military service clause are recognized.