The Defendant is a believers of “B religious organization” who is subject to active duty service.

A person who has received a written notice of enlistment in active duty service shall enlist in a training center designated by not later than three days after the date of enlistment.

On February 28, 2013, the Defendant received a notice of enlistment in the name of the director of the regional military manpower office before North Korea, and failed to enlist, without justifiable grounds, until April 12, 2013 after three days from the date of enlistment, from the date of enlistment, to the effect that "be enlisted in the military" in the defendant's office located in the Gunsan-si C around April 306, 2013 at the defendant's office located in

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing accusation, confirmation of challenge to enlistment in active duty service, notification of enlistment in active duty service, and domestic registered parcels inquiries;

1. The defendant's assertion as to criminal facts and the defendant's assertion as to Article 88 (1) 1 of the Act on the Punishment, etc. of Specific Crimes, asserts that the defendant's refusal of military service according to the freedom of conscience under the Constitution constitutes justifiable grounds for not enlistment under the Military Service

In light of the above, Article 19 of the Constitution provides that “All citizens shall enjoy the freedom of conscience.” Among the freedom of conscience under the Constitution, the freedom of conscience formation, which remains in the inner mind, may not be restricted to what is, and thus, may be absolutely protected. On the other hand, the freedom of conscience realization in the stage where the formation of conscience externally expressed and realized is a relative freedom, and may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values.

However, the duty of military service, one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a community, and ultimately, guarantees the dignity and value of all citizens as human beings. Therefore, when the freedom of conscience realization conflicts with that of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution.