On October 10, 2012, the Defendant directly received the notice of enlistment in the name of the director of the Daejeon District Military Manpower Office, Daejeon, that “The Defendant will be enlisted in the 306 Supplementary Army located in the Dong-dong of the Government on November 13, 2012.”

Nevertheless, the defendant did not enlist within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes of the Korea / Maritime Affairs Council;

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 “justifiable cause” under Article 88(1) of the Military Service Act exists, since he/she, as a member of a religious organization B, refused to enlist according to his/her religious doctrine and conscience.

Article 88(1) of the Military Service Act is prepared to specify the duty of national defense of the most fundamental citizen, and if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as a human being cannot be guaranteed. Therefore, the duty of military service ultimately is to ensure the dignity and value as a human being of all citizens.

Considering this point, the freedom of conscience of conscientious objectors cannot be said to be superior value to the above constitutional legal interests. Accordingly, for the above constitutional legal interests, the freedom of conscience of the Defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

In order to secure the performance of military service, a wide range of legislative discretion has been reserved for the legislators as to whether to impose punishment on those who refuse enlistment or call, and whether to recognize alternative military service.

Legislatives are disadvantageous to conscientious objectors.