Although the Defendant received a notice of enlistment in active duty service from the Defendant’s office located in Daegu-gu, Daegu-gu, on November 14, 2016, and from the two associations located in the Gangnam-gu, Yangyang-gu, Yangyang-gun, to enlist in the military by December 13, 2016, the Defendant failed to enlist in the military even three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration and the Military Manpower Administration;

1. Article 88(1)1 of the pertinent Act on Criminal facts provides for the first sentence of the Military Service Act [Article 88(1) of the Military Service Act] [Article 88(1) of the same Act for the purpose of embodying the most fundamental citizen’s duty of national defense, and where the State’s security is not ensured because the aforementioned duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors cannot be said to be superior to the above constitutional legal interests.

As a result, even if the freedom of conscience of a defendant is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it is a justifiable restriction under the Constitution (see Constitutional Court Order 2002Hun-Ga1, August 26, 2004; Constitutional Court Order 2008Hun-Ga22, August 30, 201). In addition, the so-called conscientious objection based on one’s conscience does not constitute “justifiable cause” as provided for an exception to punishment under the above Military Service Act, and punishment does not violate the freedom of conscience under Article 19 of the Constitution.

B. In addition, Article 18 of the International Covenant on Civil and Political Rights, in which Korea is a member of the Republic of Korea, the right to be exempted from the application of the above provision of the Military Service Act is not derived, and the United Nations Commission on the Right to Freedom has made recommendations.