The Defendant, as a person to be enlisted in active duty service on November 7, 2013, received a notice of enlistment in the name of the director of the regional military manpower office of Incheon and the Gyeonggi-do military manpower office to enlistment in the Army Training Center located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si by December 16, 2013, but failed to enlistment without justifiable grounds until December 19, 2013, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Defendant's legal statement;

1. B written statements;

1. Notice of additional enlistment in active duty service;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

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

1. The Defendant asserts that he refused to enlist in active duty service according to his religious conscience training as a religious believers who is called “C religious organization,” and that the right to conscientious objection is a specific right guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Convention”), and that the Defendant does not constitute a crime for having justifiable grounds under Article 88(1) of the Military Service Act (hereinafter “instant legal provision”).

2. Determination

A. The "justifiable cause" in the legal provision of this case 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 cause that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, etc., as long

(See Supreme Court Decision 67Do677 delivered on June 13, 1967, and Supreme Court Decision 2003Do5365 delivered on December 26, 2003, etc.) (b).

However, a person who has refused to perform a specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further the right is superior to the legislative purpose of the legal provision of this case.