The Defendant is a Jehovah’s Witness. On November 10, 2013, the Defendant was issued a notice of enlistment in the name of the director of the former North Korean military manpower office to enlistment in the Army Training Center on December 17, 2013 at the Defendant’s house located in the Gunsan-si B apartment 7 Dong 1211, 201, but did not enlist, without justifiable grounds, until the 20th day of the same month after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Certificate of receipt of the enlistment notice;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The defendant's argument regarding the defendant's argument regarding criminal facts under Article 88 (1) 1 of the pertinent Act concerning the Military Service Act is that the defendant refused to enlist in the military according to his religious conscience as the believers of the female and the witness. The defendant asserts that this constitutes "justifiable cause" under Article 88 (1) of the Military Service Act, since it is based on the freedom of conscience, freedom of thought, freedom of religion, etc. guaranteed by the Constitution and the International Covenant on Civil and Political Rights.

The freedom of conscience formation, among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner depth, cannot be restricted to what is, and thus, is subject to absolute protection. On the other hand, the freedom of conscience realization in the stage of externally expressing and realizing conscience formed as such may be restricted by law if it violates legal order itself or conflicts with other constitutional values. As such, the freedom of conscience realization, which is one of the citizens’ duty of national defense as stipulated in Article 39(1) of the Constitution, is the most fundamental demand for the existence of a national community, and ultimately guarantees the dignity and value of all citizens as human beings. Thus, if the freedom of conscience realization conflicts with the duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, which is a legitimate restriction permitted under the Constitution.

(See Supreme Court Decision 2007Do3795 Decided July 12, 2007).