A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is “B new”.

The Defendant, a person subject to enlistment in active duty service, was the Defendant’s residence located in Dongdaemun-gu Seoul Metropolitan Government on August 19, 2015, and was issued a notice of enlistment 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 on September 21, 2015, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement of the accuser or accuser;

1. Judgment on the assertion of the accused of the enlistment notice in active duty service, delivery inquiry, resident registration record card, etc.

1. The Defendant alleged that he was B, and refused to enlist in the military according to conscience formed according to a religious belief. This constitutes “justifiable cause for refusing enlistment” under Article 88(1) of the Military Service Act, and thus, the Defendant is acquitted.

2. The Supreme Court en banc Decision 2016Do10912 Decided November 1, 2018 ruled the following matters with respect to objection to military service according to conscience:

- The so-called conscientious objection and so-called conscientious objection mean refusing to perform the duty of military service accompanied by arms or military training on the grounds of conscientious decisions based on religious, ethical, moral, philosophical or similar motives formed.

The performance of military service is refused because it is impossible to perform military training or military training without renunciation of conscience, and the performance of military service directly destroys the value of existence as a human being.

Ultimately, because one cannot waive his conscience and cannot destroy his value of existence as a human being, he cannot be bound to bear any sanctions following non-performance.

- To examine conscientious objection that can be recognized as justifiable grounds.