The Defendant, at around 14:00 on May 27, 2015, received a notice of enlistment in the name of the director of the Daejeon District Military Manpower Office, to enlistment in the 8th class of Sacheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon-si, Daejeon-si, B apartment 701, 202 to July 7, 2015, and did not enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Each description of the accusation or accuser's statement;

1. Application of Acts and subordinate statutes of notification of enlistment in active service;

1. The Defendant’s assertion on the assertion of the Defendant and his defense counsel regarding criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act is a witness with good faith and refused enlistment according to a religious conscience. This is a right recognized pursuant to Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights. As such, the Defendant asserts that conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act.

However, even from Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a party, the Supreme Court does not have any justifiable reason for the so-called conscientious objection to military service under Article 88(1) of the Military Service Act, and does not derive the right to be exempted from the application of the said provision to conscientious objectors, and presented recommendations by the United Nations Commission on ICCPR.

Even if this does not have any legal binding force, it has been decided that it does not have any legal binding force.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do8187, Nov. 29, 2007). Accordingly, the Defendant’s above assertion contrary to such legal doctrine is rejected.

The reason for sentencing has no record of being punished by committing a crime until now, and the refusal of enlistment by the defendant is based on religious belief.

Defendant again refuses to enlist after receiving a written notice of enlistment.