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

Punishment of the crime

A person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

On May 17, 2017, the Defendant received a notice of enlistment from the Defendant’s mother to the Army Training Center through D on June 12, 2017, the Defendant did not enlist until June 15, 2017, without justifiable grounds, at the home of the Defendant, which was located in Hanam-si C and 110 Dong 502.

Accordingly, even though the defendant received the enlistment notice, he did not enlist within three days from the date of enlistment without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation (including explanatory materials);

1. Determination as to the assertion by the Defendant and the defense counsel regarding criminal facts under Article 88(1)1 of the relevant Act

1. The Defendant and defense counsel of the gist of the assertion are that they refused enlistment in order to realize the freedom of religious conscience guaranteed by Article 18, etc. of the Constitution and the International Covenant on Civil and Political Rights. Thus, it constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The Constitutional Court made a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception of punishment under the above provision. The Supreme Court does not have the right to exempt the conscientious objectors pursuant to the above provision from application of Article 18 of the International Covenant on Civil and Political Rights to whom the Republic of Korea is a member of the Republic of Korea, and the right to exempt the conscientious objectors from application of the foregoing provision is not derived from the provision of Article 18 of the "International Covenant on Civil and Political Rights." Even if the United Nations Commission on Freedom has presented a recommendation, this is not legally binding.

Supreme Court Decision 2004Do2965 delivered on July 15, 2004, Supreme Court Decision 2004Do2965 delivered on November 29, 2007.