The defendant is to be enlisted in active service.

During the period of Ansan-si on October 23, 2012, the Defendant was served with the Defendant’s house located in B, 708 Dong 1203 (C apartment), and the Defendant did not, without justifiable grounds, enlist in the military service by December 14, 2012, the date of enlistment, which was three days after the date of enlistment, in the name of the director of the Incheon Gyeonggi-si regional military manpower office, to be enlisted in the army from December 14, 2012 via Internet patriotism to December 14, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Written accusation, the details of receipt of the notice for enlistment in active duty service, and the application of statutes governing military register inquiry;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts to the effect that the Defendant’s act of refusing enlistment according to a religious conscience is the right to guarantee the freedom of conscience under Article 19 of the Constitution, and that the act constitutes justifiable cause under Article 88(1) of the Military Service Act.

On the other hand, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and if national security is not achieved because such duty of military service is not fulfilled properly, it is not possible to guarantee the dignity and value as human beings.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the defendant's freedom of conscience is more superior to the above constitutional legal interests.

As a result, for the above constitutional legal interests, the freedom of conscience of a defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Even if the Defendant’s act is based on a religious conscience, it constitutes “justifiable cause” under Article 88(1) of the Military Service Act.