On October 30, 2013, the Defendant issued a written notice of enlistment in the name of the chief of the regional military manpower office in the name of the Defendant’s 35th unit located in Songcheon-dong 2, Jeoncheon-dong, Jeoncheon-dong, 2013 from the Defendant’s office located in Jinan-gun, the Defendant refused enlistment as a “shovah’s Witness,” and did not enlist within three days from the above date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A certificate;

1. Domestic registration/Sposting mail;

1. Fact-finding certificates;

1. Application of Acts and subordinate statutes on accusation of those evading enlistment in active duty service;

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. The defendant and his defense counsel's assertion refused to enlist in the military according to religious conscience as the believers of a church as a witness. This constitutes "justifiable cause" under Article 88 (1) of the Military Service Act, since it is based on the freedom of religious conscience guaranteed by the Constitution.

2. Among the freedom of conscience under Article 19 of the Constitution, the freedom of conscience formation, which remains in the inner depth, cannot be restricted to what is, and thus, subject to absolute protection. On the other hand, the freedom of conscience realization at the stage of externally expressing and realizing conscience, which is a relative freedom, may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. As such, the duty of military service, which is one of the citizen’s duty of national defense under Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a nation’s community, 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 shall be in accordance with Article 37(2) of the Constitution.