A person subject to enlistment in active duty service shall not receive a written notice of enlistment in active duty service and shall not be enlisted within three days from the date of enlistment without justifiable grounds.

The Defendant, as a person subject to enlistment in active duty service on July 18, 2016, received a written notice of enlistment under the name of the head of the Military Affairs Administration in the name of the North Korean regional military service and did not, without good cause, enlist within three days from the date on which the enlistment was completed, from the Defendant’s office located in Jung-gu, Jung-gu, Seoul to the Association on August 30, 2015 through e-mail

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A certificate of evasion of enlistment;

1. Notification of enlistment in reserve service;

1. Application of Acts and subordinate statutes for confirmation of facts;

1. As to facts constituting an offense, pertinent legal provisions of the pertinent Act and Article 88(1)1 of the Military Service Act and the grounds for conviction and sentencing, the Defendant asserts that refusal of military service according to the doctrine of religion and individual conscience constitutes justifiable grounds for refusing enlistment as an exercise of the freedom of religion and conscience, which is a fundamental right under the Constitution. As such, Article 88(1) of the Military Service Act, which is a punishment provision for those evading enlistment, embodys the duty of national defense among the people’s various obligations for maintaining the existence and fundamental order of a community, which is a provision that embodys the duty of national defense. Restrictions on the freedom of conscience by law for the sake of national security, which serves as the premise for maintaining the dignity and value of human beings and guaranteeing fundamental rights, constitutes the restriction of fundamental rights under the Constitution, and the current law, which has not been introduced, is considerably unreasonable or clearly erroneous.

Therefore, the defendant's assertion that he refused military service according to conscience constitutes "justifiable cause" under Article 88 (1) of the Military Service Act cannot be accepted.

In addition, Article 18 of the International Covenant on Civil and Political Rights is limited to the scope of protection of fundamental rights guaranteed in the interpretation of the freedom of religion and conscience under our Constitution.