The defendant is a new witness for women and is a person subject to enlistment in active duty service.

On October 19, 2015, the Defendant failed to enlist in the military without justifiable grounds by not later than three days after the date of enlistment, which was notified by the head of the Gyeonggi-gu Military Affairs Administration in the name of the head of the Gyeonggi-gu Military Affairs Administration that he will enlist as a Army Training Center located in the Gyeonggi-gu Military Affairs Eup on November 23, 2015, when he received a notice of enlistment under the name of the head of the Gyeonggi-gu Military Affairs Administration.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Certification and management of notice delivery, and application of the Acts and subordinate statutes regarding military register;

1. Grounds for conviction under Article 88 (1) 1 of the relevant Act on criminal facts;

1. The gist of the Defendant’s assertion is “Ihovah’s Witness” and the Defendant refused to enlist in active service according to his religious conscience. This constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Article 88(1) of the Military Service Act was prepared in order to embody the duty of national defense most fundamental, and as such, if the State’s security is not ensured because the duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as human beings of all citizens, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests. Thus, even if the freedom of conscience of conscientious objectors is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it constitutes a legitimate restriction permitted under the Constitution.

On the other hand, Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea provides the same content as the scope of protection of fundamental rights guaranteed by the interpretation of the freedom of conscience under Article 19 of the Constitution and the freedom of religion under Article 20.