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

On May 19, 2016, the Defendant was issued a notice of enlistment in active duty service in the name of the director of the Incheon Gyeonggi-do regional military manpower office, on the 32th unit located in the distribution area of the Defendant’s house located in Yeongdeungpo-gu B and 301 to June 7, 2016, but the Defendant did not enlist in the military by the date three days have elapsed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Application of statutes to a written accusation, notification of enlistment in active duty service, list of persons who have failed to enlist in active duty service, and notification sent to the Military Manpower Administration;

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

1. The Defendant asserted that he refused enlistment based on his religious belief or conscience as a female witness, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant did not constitute a crime of violating the Military Service Act against the Defendant.

2. On the top of a board, Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value as human beings cannot be guaranteed if the national security is not achieved because the duty of military service is not fulfilled properly.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, and thus, the freedom of conscience of defendants is restricted in accordance with Article 37(2) of the Constitution for such constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

Furthermore, regarding whether punishment should be imposed on a person refusing to enlist in active service in order to secure the performance of military service, and whether to recognize alternative military service, a broad legislative discretion has been reserved for legislators. Therefore, enlistment in active service on the grounds of freedom of conscience and religion.