On July 20, 2017, the Defendant received a written notice of enlistment under the name of the head of the North Korean branch of the Dong Dong-dong 1709 Dong-dong 1205, “to be enlisted as an association on August 22, 2017.” from the Defendant’s residence on July 20, 2017, the Defendant did not, without good cause, enlist for more than three days from the date of enlistment, even though he received a written notice of enlistment under the name of the head of the North Korean branch of the Dong-dong branch of Dong-dong 1709

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute to describe a written accusation, written accusation, written notice of enlistment in active duty service, and information on delivery at the suspect’s address;

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. According to Article 19 of the Constitution guaranteeing the freedom of conscience of the Defendant and Article 18(1) of the International Covenant on Civil and Political Rights (Convention No. 1007, Jul. 10, 1990, which entered into force for the Republic of Korea on July 10, 1990; hereinafter “Rules”), the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is recognized that the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the same Act.

Therefore, there was a justifiable reason that the defendant did not enlist in the military, and there was no intention to evade enlistment.

2. The meaning of “justifiable cause” under Article 88(1) of the Military Service Act

A. Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been enacted in order to suppress evasion of enlistment and enforce the formation of military force, which is a national security, by punishing a person who was not in active duty service or a person who was given a notice of enlistment or a notice of call, which includes the abstract existence of military service under the provisions of the Military Service Act, after the military service was specifically determined by the decision of the head of the Military Affairs Administration, etc., and then failed to comply with such decision without justifiable grounds.