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

Punishment of the crime

The Defendant is a person subject to enlistment in active duty service, and is a new religious organization.

On October 4, 2013, the Defendant received a notice of enlistment in active duty service from his mother, under the name of the director of the regional military manpower office in the name of the former North Korean military manpower office, to the effect that the Defendant “be enlisted in the Army Training Center in the Army Training Center in the Yeong-si, Masan-si, Busan Metropolitan City on November 11, 2013,” from his mother.

Nevertheless, without justifiable grounds, the defendant did not enlist in the military for three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A certificate of evasion of enlistment;

1. F identification number certificate of the C religious organization;

1. The name of the principal’s assertion on conscientious objection;

1. Notice of enlistment in active duty service;

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

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. The defendant and his defense counsel asserted that they refuse to enlist in the military according to their religious conscience as the believers of a church of a religious organization. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is based on the freedom of religious conscience guaranteed by the Constitution and the International Covenant on Civil and Political Rights.

2. Among the freedom of conscience as stipulated in Article 19 of the Constitution, the freedom of conscience formation, which remains in the inner depth, cannot be restricted to what is, and thus, subject to absolute protection. On the other hand, the freedom of conscience realization at the stage of externally expressing and realizing conscience formed as such, may be restricted by law if it violates legal order itself or conflicts with other constitutional values. As such, the duty of military service, which is one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a national community, ultimately, to ensure the dignity and value of all citizens as human beings.