The defendant is a person who has been on August 29, 2009 and served as a witness of Shhohovah and has been engaged in religious activities with good faith until now, and is a person subject to enlistment in active duty service.

On July 6, 2015, the Defendant received a notice to enlist in active duty service on August 18, 2015 at the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government B and A, 301, and on August 22, 2015, the Defendant did not enlist until August 22, 2015, for the reason that the Defendant violated the doctrine of good faith taught by the believers’s witness teaching in the believers and Hah that the Defendant is a believers, which the date of enlistment was three days after the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning enlistment notice and notification;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant refused enlistment based on his religious belief or conscience as a female witness, and this constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, it does not constitute a violation of the Military Service Act against the Defendant.

The argument is asserted.

On the other hand, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that if the national security is not secured because the duty of military service is not fulfilled properly, it is not possible to guarantee the dignity and value of the people as human beings.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, so even if the freedom of conscience of a defendant is restricted in accordance with Article 37(2) of the Constitution, it is a legitimate restriction permitted under the Constitution.

B. In order to secure the performance of military service, it is broad to the legislator whether to impose punishment on the refusal of enlistment in active service, and whether to recognize the alternative service.