The Defendant was a believers of the religious organization B, and was issued with the notice of enlistment in the name of the head of the Gyeonggi Northern Military Manpower Branch Office on September 10, 2013 to enlistment in the 102 Supplementary Zone located at the Government on September 10, 2013 at the Defendant’s house located in the Pakistan-si C Apartment 205 Dong 904 on July 29, 2013, but did not enlist without justifiable grounds by the date three days have elapsed since the date of enlistment

Summary of Evidence

1. A legal statement made in part appropriate to the defendant's statements;

1. A protocol concerning the suspect examination of the accused;

1. Statement of accuser;

1. Application of statutes governing enlistment notice in active duty service, delivery certificate of enlistment notice, identification certificate, fact confirmation certificate, and identification number certificate;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act (the fact of evading active duty service) of the Military Service Act, the Defendant asserts that the Defendant’s refusal to enlist according to his religious conscience as a “B religious organization” is a right that belongs to the freedom of conscience guaranteed by the Constitution, and that such reason does not constitute a “justifiable cause” under Article 88(1) of the Military Service Act.

The "justifiable cause" under Article 88 (1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, the reason why the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, etc. is not attributable to the non-performance of the duty of military service, such as illness, should be regarded as a ground that is not attributable to the non-performance of the duty of military service. However, even in cases where the right of the non-performance of the duty of military service is guaranteed by the Constitution of Korea, and the right of the non-performance of the duty of military service is recognized as having superior constitutional value to the legislative purpose of the above provision, even if the punishment is imposed by the application of Article 88 (1) of the Military Service Act, the punishment would result