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 a call for education of social work personnel as a female witness.

On February 4, 2016, the Defendant received a notice of call for education from the head of the regional military office of Jeju on March 7, 2016 to participate in the social work personnel training from the 91 unit of the Navy located in Seopo-si, Seopo-si, Seopo-si, Seopo-si on March 7, 2016, but did not comply with the call for education for three days after the expiration of three days from the call for education without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. A written accusation;

1. Application of Acts and subordinate statutes on details of postal delivery;

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)2 of the relevant Act on criminal facts

1. The Defendant asserted that he refused to enlist in the army according to his religious conscience as a new witness, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The duty of military service, 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 community, and ultimately, is to ensure the dignity and value of all citizens as human beings. Thus, when the freedom of conscience realization conflicts with such duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, and such restriction is a justifiable restriction permitted under the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court en banc Decision 2002Hun-Ga1, Aug. 26, 2004; Supreme Court Decision 2007Do3795, Jul. 12, 2007; etc.). It is a violation of Article 88(1) of the Military Service Act without granting conscientious objectors an opportunity to exempt military service or to alternative military service.

The Supreme Court Decision 2007Do7941 Decided December 27, 2007 is not interpreted as contrary to the International Covenant on Civil and Political Rights.