The Defendant, as a person subject to enlistment in active duty service on October 28, 2013, received directly a notice of enlistment in active duty service under the name of the director of the Busan regional military manpower office to enlistment in the Busan regional military manpower office on December 3, 2012 at the seat of the Defendant C, 111 Dong 305, Dong 305, the Defendant failed to enlistment for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The Defendant asserts that the Defendant’s assertion regarding the Defendant’s assertion under Article 88(1)1 of the Military Service Act, which applied the written accusation, is based on the freedom of conscience guaranteed by the Constitution or the International Covenant on Civil and Political Rights, and thus, constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen. Such duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings. Thus, the defendant’s freedom of conscience is superior value to the above constitutional legal interests.

As a result, for the above constitutional legal interests, the freedom of conscience of the defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

In addition, the failure to establish the alternative military service system itself cannot be evaluated as a violation of the International Covenant on Civil and Political Rights. As to whether to introduce the alternative military service system, a wide range of discretion should be given to the legislators of a member country. As such, the decision of the legislators that deemed difficult to introduce the alternative military service system is considerably unreasonable.

may not be deemed to have been clearly erroneous.

Supreme Court Decision 2004Do205 Delivered on July 15, 2004