The Defendant is a person in active duty service.

Although the Defendant received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration in the name of the Daegu-si, Daegu-si, that was to be enlisted in the Army Training Center located in the B and 101, from the Defendant’s mother C, from September 21, 2015, at the Defendant’s house located in the north-gu, Mapo-si, Mapo-si on August 3, 2015, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes governing an accusation and a written accusation attached thereto, a copy of the enlistment notice, and a certificate of results of delivery by an Internet post office;

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

1. The Defendant alleged that he was “nicker and Witness” and did not enlist in the military according to his religious doctrine and conscience.

Article 19 of the Constitution guarantees the freedom of conscience.

The defendant's refusal to enlist has a justifiable reason under Article 88 (1) of the Military Service Act.

2. Article 88(1) of the Military Service Act that punishs a person who evades enlistment in the army does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga2, Aug. 30, 201). Moreover, the so-called conscientious objection pursuant to one’s conscience does not constitute “justifiable cause” as provided for by the exception of punishment under the Military Service Act, and punishing the same does not contravene the freedom of conscience guaranteed by Article 19 of the Constitution.

B. According to Article 18 of the International Covenant on Civil and Political Rights, a member of the Republic of Korea who is a member of the Republic of Korea does not derive the right to be exempted from the application of Article 18 of the Military Service Act, and even if the United Nations Commission on the ICCPR proposed a recommendation, this does not have any legal binding force (Supreme Court Decision 2004Do2965 Decided July 15, 2004, Supreme Court Decision 2004Do295 Decided November 29, 2007).