On August 8, 2016, the Defendant directly received a written notice of enlistment in the name of the Administrator of the Military Affairs Administration of Daejeon Chungcheongnam-gu, Daejeon-si, that he will enlist in the Army Training Center located in Seosan-si on the 29th day of August, 2016, and did not enlist in the military for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to written accusation, the progress of delivery, and fact-finding certificates;

1. Article 88(1)1 of the pertinent Act on criminal facts constitutes an Act that restricts the freedom of expression of conscience, contained in Article 18(3) of the International Covenant on Civil and Political Rights, which came into force against the Republic of Korea on July 10, 1990.

However, it can not be evaluated as a violation of the above regulations if the alternative service system has not been established.

Next, a wide range of discretion should be given to the legislators of member countries regarding whether to introduce the alternative service system. However, even if the peaceful co-existence relationship between South and North Korea is established and the understanding and tolerance of conscientious objectors are placed in our society, the consensus of members of the social community that does not realize equality of burden in the performance of military service and interfere with social integration is not formed, it is difficult to introduce the alternative re-delivery.

The judgment of this legislator is considerably unreasonable or clearly erroneous.

shall not be deemed to exist.

Finally, it shall not be construed that conscientious objectors are punished as a violation of Article 88(1) of the Military Service Act without providing them with an opportunity to exempt or substitute military service and thus contravene the rules.

Meanwhile, from the provision of Article 18 of the above International Covenant, the right to be exempted from the application of the above provision on conscientious objectors is soon possible.