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

Punishment of the crime

Defendant is subject to enlistment in active duty service.

On September 17, 2012, the Defendant received the written notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the Defendant’s office located in Eunpyeong-gu Seoul Metropolitan Government, and on October 306 of the same year.

However, the defendant did not enlist in the military without justifiable grounds within three days from the date of enlistment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes of the Korean Association / Korean Postal Service;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The Defendant asserted that he refused to enlist in active duty service according to his religious conscience as a witness of a female son.

Since such right to conscientious objection is guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, the defendant's refusal to enlist in active service constitutes justifiable grounds under Article 88 (1) of the Military Service Act.

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(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, the dignity and value as human beings cannot be guaranteed.

Therefore, the duty of military service is ultimately a whole of citizens.