On November 1, 2013, the Defendant directly received a notice of enlistment in the name of the director of the Incheon Gyeonggi-si Military Manpower Office that “to be admitted to the Army Training Center located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si on December 2, 2013 through e-mail from the National Love homepage around November 1, 2013, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Military register inquiry;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

1. As to the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013), the Defendant asserts that, according to the right derived from the freedom of conscience under Article 18 of the International Covenant on Civil and Political Rights and Article 19 of the Constitution, the Defendant’s refusal of military service according to a religious conscience constitutes justifiable cause.

However, the "justifiable cause" of Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of its performance. However, it should be deemed that there is a reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, or a reason that is not attributable to the non-performance of the military service duty. On the other hand, on the other hand, the right that the non-performance of the specific military service is guaranteed by the Constitution of the Republic of Korea, and furthermore, even if the right is recognized as having superior constitutional value that serves the legislative purpose of Article 88 (1) of the Military Service Act, if punishment is imposed by the application of Article 88 (1) of the same Act, it would result in an undue infringement on the constitutional right of the non-performance of the military service.