Although the Defendant, a person subject to enlistment in active duty service, who has received a written notice of enlistment in active duty service, must comply with enlistment within three days from the date of enlistment, barring any justifiable reason, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the Army Training Center located in Pyeongtaek-si, Chungcheongnam-si, Chungcheongnam-si on May 19, 2014, and did not comply with the enlistment within three days from the date of enlistment on the grounds of religious conscience, not justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the accuser (C);

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes to inquire into domestic registration;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

1. The defendant asserts that he refused to enlist in active duty service according to his religious conscience training as the believers of the religion called “novahovah’s Witness,” and that the right to conscientious objection is a specific right guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Convention”), and that the defendant does not constitute a crime for the justifiable reason under Article 88(1) of the Military Service Act (hereinafter “the instant legal provision”).

2. Determination

A. The "justifiable cause" in the legal provision of this case is, in principle, premised on the existence of abstract military service and the confirmation of the performance of the duty itself. However, it should be deemed that there is a cause that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, etc., as long

(See Supreme Court Decision 67Do677 delivered on June 13, 1967, and Supreme Court Decision 2003Do5365 delivered on December 26, 2003, etc.) (b).

However, the right of a person who refuses to fulfill the specific duty of military service is us.