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

Punishment of the crime

On October 19, 2016, the Defendant received a notice of enlistment in the e-mail, sent under the name of the head of the Military Affairs Administration in Daegu-do, that “I will be enlisted in the 11 association located in the north-do Hongcheon-gun, Hongcheon-gun, Gangwon-do, by December 5, 2016.”

Nevertheless, without good cause, the Defendant did not enlist in the military within three days from December 5, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of statutes, such as notice of enlistment, etc.;

1. Determination as to the Defendant’s assertion on criminal facts under Article 88(1) of the pertinent Act

1. The gist of the defendant's assertion is Eindo and the defendant refuses military service according to religious conscience, and there is a justifiable reason, and since the defendant wishes to perform alternative service that does not go against conscience, he is not guilty of having no intention to evade military service

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37, Paragraph 2 of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if such duty of military service is not fulfilled properly and the national security is not guaranteed, it cannot be guaranteed the dignity and value as human beings.

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