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

On May 13, 2014, the Defendant received a muster notice from the Defendant’s office located in Nowon-gu in Seoul Special Metropolitan City, to enlist in the military on July 1, 2014 from the Defendant’s office located in Nowon-gu, Seoul Special Metropolitan City on July 102.

Summary of Evidence

1. A written accusation;

1. Determination as to the defendant's assertion in the written accusation

1. The gist of the argument is that the Defendant refused to enlist in the military according to one’s conscience as a female witness. This is the right derived from Article 19 of the Constitution guaranteeing the freedom of conscience and Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Rules”). Thus, the Defendant’s refusal to enlist in the military is “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. “Justifiable reason” under Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment in the military service, is, in principle, premised on the existence of abstract military service and the confirmation of the performance of the duty itself. However, it should be deemed that there is a reason to justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., illness, etc.

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 such right is recognized as having superior constitutional value to the function of legislative purpose of the above provision of the Military Service Act, if punished by applying Article 88(1) of the same Act, it would result in an undue infringement on his constitutional rights, and in such cases, it is reasonable to view that there exists a justifiable reason to refuse to perform the duty of military service exceptionally to exclude such unconstitutional situation

However, the Military Service Act is the same.