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

Punishment of the crime

No person who has received a written notice of enlistment in active duty service shall enlist in the military without justifiable grounds within three days from the date of enlistment.

Nevertheless, on October 4, 2016, the Defendant received the notice of enlistment in active duty service under the name of the head of the Gyeonggi-gu North Korean branch of the Gyeonggi-do branch of the Gyeonggi-do branch of the army and the Defendant’s house of Yongsan-gu, Seoyang-gu, Incheon, and the Defendant’s house of the Defendant to “be enlisted in the 27 association from October 25, 2016,” and did not enlist until three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A written statement of the defendant;

1. A list of persons who notify the enlistment, of which the delivery of the enlistment notice is to be completed, among those who notify the enlistment;

1. Application of Acts and subordinate statutes to a written accusation and a written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that, as “D”, the Defendant refused to enlist in active duty service according to a religious conscience. Since such right to refuse military service is guaranteed by the Constitution, the Defendant’s refusal of enlistment in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

As to the so-called “ conscientious objection according to conscience,” the Constitutional Court decided that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see Constitutional Court Order 2008HunGa22, Aug. 30, 2011). The Supreme Court does not constitute “justifiable cause” as provided for the exception to punishment under the above provision. From the provision of Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a member, the right to be exempted from the application of the above provision is not derived, and even if the United Nations Commission on the Freedom of Covenant proposed recommendations, this is legally binding.