The Defendant is a person eligible to call public interest service personnel.

A person who has received a notice of call-up to public duty personnel shall enlist within three days from the date of call.

On August 13, 2013, the Defendant visited the Internet Love Site No. 103 Dong 406, 103, and “be enlisted in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Yan-do” was not enlisted in the said call-up without justifiable grounds, despite the receipt (e-mail) of the notice of call-up to the public interest service personnel under the name of the director of the Incheon Gyeonggi-do regional military manpower office.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of statutes to output output verifying receipt of e-mail;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)2 of the pertinent Act and the grounds for sentencing, the Defendant, as “C” in accordance with the religious doctrine, refused enlistment in active duty service according to the order of conscience, and the Defendant asserts that such grounds for refusal constitute “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

In principle, “justifiable cause” as referred to in Article 88(1) is premised on the existence of abstract military service and the confirmation of the performance of such service. However, the reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be deemed to be limited to a cause not attributable to the non-performance of the military service. As to the so-called conscientious objection, the Constitutional Court decided that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see Constitutional Court Order 2002Hun-Ga1, August 26, 2004). The Supreme Court decided that conscientious objection pursuant to the conscience does not constitute “justifiable cause” as provided for the exception of punishment under the above provision, and the “international Covenant on Civil and Political Rights” to which Korea is a member of the Republic of Korea.