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

Punishment of the crime

On November 13, 2014, the Defendant issued a notice of enlistment to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si on December 22, 2014 from D, his mother, at the Defendant’s residence located in Busan-si and 1125 around November 13, 2014, but did not enlist within three days without justifiable grounds.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a written accusation, a name card of a person evading military service, a written accusation, a written complaint for active duty service, and a statement of facts

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 gist of the assertion is that the Defendant’s refusal to enlist in the military constitutes conscientious objection, which is derived from the freedom of conscience under Article 18 of the ICCPR and Article 19 of the Constitution of the Republic of Korea. As such, there exists “justifiable cause for refusing enlistment” under the Military Service Act.

2. Determination

A. Inasmuch as the exercise of fundamental rights under the Constitution should be carried out within the scope that enables a common life with others within a community and does not endanger other constitutional values and the legal order of the State, the exercise of all fundamental rights, including the freedom of conscience, is a fundamental limitation to the exercise of all fundamental rights. Thus, in a case where a constitutional legal interest exists to justify the restriction, the freedom of conscience realization should be deemed as a relative freedom that can be restricted by law pursuant to Article 37(2)

However, Article 88(1) of the Military Service Act, which is a legal provision of the instant case, was prepared to specify the duty of national defense of the most fundamental citizen. If the national security is not ensured because the duty of military service is not properly fulfilled, it is not possible to guarantee the dignity and value of the people as human beings.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the defendant's freedom of conscience.