On October 5, 2015, the Defendant: (a) at the Defendant’s house located in Sejong-si B around 09:34 on October 5, 2015, “to be enlisted in the supplementary unit to the 102 Supplementary unit in Chuncheon-si, Gangwon-do on November 10, 2015” did not, without justifiable grounds, enlist within three days from the date of enlistment in the active service.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a charge, a written accusation, a written statement of enlistment in active duty service, and mail receipt;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that, as “C”, the Defendant refused to enlist in active duty service according to a religious conscience. Since such right to refuse military service is guaranteed by the Constitution, the Defendant’s refusal of enlistment in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Ultimately, the duty of military service is to ensure the dignity and value of all citizens as human beings. Since the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests, conscientious objectors are difficult to be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act.

Therefore, the defendant's above assertion is rejected.

It is so decided as per Disposition for the above reasons.