On October 21, 2014, the Defendant received a notice of enlistment in active service under the name of the director of the Gwangju Regional Military Manpower Office to enlistment from the defendant's house located in Gwangju Mine-gu to November 25, 2014.

Nevertheless, the Defendant, as a believers of a religious organization, did not enlist in the military on the 28th day of the same month in which three days elapsed from the date of enlistment due to religious belief, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes governing a written accusation, notice of enlistment in active duty service, registered inquiry, and receipt of written notice of enlistment;

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

1. The gist of the assertion is that the Defendant’s refusal to enlist in active duty service according to his religious conscience belongs to the freedom of conscience guaranteed by the Constitution. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act and does not constitute an offense.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, it should be deemed that there is a reason that justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, or any other reason that is not attributable to the non

However, even in cases where a person who has refused to perform a specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and furthermore, even in cases where the right has superior constitutional value to the function of the legislative purpose of the legal provision of this case, if punished by the application of the legal provision of this case, it would result in undue infringement on his constitutional rights, so in this case, there is a justifiable reason to refuse to perform the duty of military service exceptionally to exclude such unconstitutional situation.