A person who has received a notice of enlistment in active service or call-up shall comply with the enlistment or call-up within three days from the date of enlistment or call-up.

Nevertheless, on July 4, 2013, the Defendant was notified on July 4, 201 to enlistment in the Army Training Center located in Chungcheongnam-gu, Incheon, Nam-gu, Incheon, 211 Dong-gu, 603, and August 19, 2013, but did not enlist within three days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Notices sent to the Military Manpower Administration, and domestic registry offices and postal inquiries;

1. Application of Acts and subordinate statutes to military register inquiry, notification of enlistment in active service, list of persons to be enlisted in active service, and list of persons not enlisted for conscription;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1) of the relevant Act

1. The gist of the Defendant’s assertion falls under the exercise of specific rights derived from Article 18(1) of the International Covenant on Civil and Political Rights (hereinafter “International Covenant”) incorporated as part of the legal system of the Republic of Korea pursuant to Article 19 of the Constitution and Article 6(1) of the Constitution, and the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The phrase “justifiable cause” under Article 88(1) of the Military Service Act should, in principle, be deemed to be based on the existence of an abstract duty of military service and the recognition of the performance of the duty itself, but the reason that can justify the nonperformance of the duty specified, i.e., a cause not attributable to the nonperformancer, such as a disease

However, it is recognized that a person who has refused to fulfill a specific obligation has a superior constitutional value to the effect that the right is guaranteed by the Constitution of the Republic of Korea and that the right has the superior constitutional value to the function of the legislative purpose of the above provision.