The Defendant is a person in active duty service.

On November 11, 2013, the Defendant: (a) on December 23, 2013, “be enlisted in the Army Training Center located in Bupyeong-gu Incheon Metropolitan City C 106, 604 dwelling area; and (b) on December 23, 2013, the Defendant was not enlisted for the military service without justifiable grounds even though he was notified of the enlistment notice under the name of the director of the regional military manpower office for the Incheon Gyeonggi Games; (c) 3 days have

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel regarding criminal facts under Article 88 (1) 1 of the pertinent Article of the Military Service Act asserts that there exists "justifiable cause" under Article 88 (1) of the Military Service Act since the defendant, as the believers of D religious organizations, refused to enlist in the military in accordance with their religious belief.

The refusal of military service by conscience, conscience, or religious belief cannot be deemed as a case where there exists the above “justifiable cause”, and it cannot be said that the right of conscientious objectors to military service pursuant to conscience is derived from the provision of Article 18 of the International Covenant on Civil and Political Rights to be exempt from the application of Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, and Supreme Court Decision 2007Do8187 Decided November 29, 2007, etc.). Accordingly, the above assertion is rejected.