The Defendant is a new witness to women's family and is a person subject to enlistment in active duty service.

Although the Defendant received a notice of enlistment in active service under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the Army Training Center on October 23, 2014 from the Defendant’s office located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C and 215 Dong 703, and from November 24, 2014, the Defendant did not, without justifiable grounds, enlist for more than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A written accusation;

1. Public notice of enlistment in active duty service;

1. Application of the Acts and subordinate statutes concerning information received;

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 the Defendant’s refusal to serve in the military according to the freedom of conscience guaranteed by the Constitution as the believers’s believers, and that there exists “justifiable cause” under Article 88(1) of the Military Service Act and the Defendant’s refusal to serve in the military pursuant to Article 18 of the International Covenant on Civil and Political Rights accepted by the Republic of Korea, and the decision of the UN Convention on Freedom of Freedom.

However, from the provisions of Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a party, the right to be exempted from the application of the above provisions of the Military Service Act cannot be seen as derived, and the United Nations Commission on the ICU proposed recommendations.

This does not have any legal binding force, and the circumstances asserted by the defendant do not constitute justifiable grounds as stipulated in the above provisions of the Korean Constitution and the Military Service Act. The Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, Supreme Court Decision 2007Do7941 Decided December 27, 2007, Constitutional Court Decision 2011.