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

Punishment of the crime

The Defendant, as a religious organization B, was judged to be subject to enlistment in active duty service in Grade I as a result of the draft physical examination on September 25, 2012.

On June 24, 2013, the Defendant refused to enlist in the army training center under the name of the director of the Seoul regional military manpower office to enlist in the army training center located in Seongdong-gu Seoul on July 22, 2013 at the Defendant’s residence located in Seongdong-gu Seoul Metropolitan Government, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of the accuser (D);

1. Application of Acts and subordinate statutes to a written accusation and data concerning service of enlistment notice;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as a member of “B religious organization”, refused to enlist according to his religious doctrine and conscience.

Article 88(1) of the Military Service Act is prepared to specify the duty of national defense of the most fundamental citizen, and if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as a human being cannot be guaranteed. Therefore, the duty of military service ultimately is to ensure the dignity and value as a human being of all citizens.

Considering this point, the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests. Accordingly, the freedom of conscience of the Defendant is restricted in accordance with Article 37(2) of the Constitution for the above constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

In addition, in order to secure the performance of military service, a wide range of legislative discretion is reserved in relation to whether to impose punishment on a person refusing enlistment or call and whether to recognize alternative military service.