The defendant is a person in active duty service.

On September 26, 2015, the Defendant received a notice of enlistment in the active duty service under the name of the head of the Jeju Regional Military Affairs Administration to the Army Training Center located in Chungcheongnam-gun on November 9, 2015 through e-mail from the Defendant’s office located in Jeju-si.

Nevertheless, the defendant did not enlist in the military without justifiable grounds within three days from the date of the above enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation issued by the head of the Jeju Regional Military Affairs Administration, a written accusation filed by D, a written notification of enlistment in active duty service, a list of those who have notified enlistment in active duty service, a written consent to receive e-mail enlistment, a written confirmation of e

1. Application of Acts and subordinate statutes to certificates of fact, identification number increase;

1. Article 88(1)1 of the Military Service Act applicable to criminal facts and the choice of punishment: The Defendant’s assertion on the Defendant’s assertion of imprisonment with labor is a “novah’s Witness,” and the Defendant refused to enlist in active duty service according to his religious conscience, as stated in its reasoning. This is a right recognized pursuant to Articles 10 and 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, and thus, the Defendant’s conscientious objection constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

The freedom of conscience realization is also a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in a case where there is a constitutional legal interest to justify the restriction, and Article 88(1) of the Military Service Act is prepared to embody the duty of national defense of the most fundamental citizen. If the duty of military service is not properly performed and the national security is not ensured, the dignity and value as a human being cannot be guaranteed. Thus, the duty of military service is ultimately to ensure the dignity and value as a human being of all citizens.

Therefore, conscientious objectors.