The Defendant was a Jehovah’s Witness’s Witness. On November 10, 2014, at the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government B and 203, “to be enlisted in the Army Training Center located within the territory of the Sinsan-si, Sinsan-si’s acquisition plan on December 15, 2014”, the Defendant did not, without justifiable grounds, enlist until December 18, 2014, for which three days have passed since the date of enlistment in active duty service.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

A. The Defendant’s assertion that he was a witness in the military is a religious belief and refuses enlistment in active duty service according to his religious conscience. Since the right to conscientious objection is guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, the Defendant’s refusal to enlistment in active duty service is justifiable.

B. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables a common life with others within a national community and does not endanger other constitutional values and the law and order of the State is the fundamental limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88(1) of the Military Service Act, which is a punishment provision for refusal of enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if the national security is not achieved because such 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 freedom of conscience of conscientious objectors.