Although the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlistment in the Army Training Center in the name of the Incheon Gyeonggi-si B, 107 Dong 702 on June 19, 2014, from August 4, 2014 to August 7, 2014, the Defendant did not, without justifiable grounds, enlist until August 7, 2014, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation prepared by C;

1. Application of Acts and subordinate statutes concerning domestic registration inquiries, military register inquiries, and enlistment in active duty service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that there exists a justifiable reason not to enlist in the Defendant, since he refused enlistment according to his religious belief and conscience, as the Defendant’s belief and conscience as “syhovah’s Witness” was a new witness.

However, fundamental rights under the Constitution should be exercised within the extent that it enables a common life with others within a community of the State and does not endanger other constitutional values and the legal order of the State. Thus, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in the event there exists a constitutional legal interest to justify such restriction, and Article 88(1) of the Military Service Act is established to embody the duty of national defense of the most fundamental citizen. If such duty of military service is not properly performed and the national security is not performed, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately is to ensure the dignity and value of all citizens, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interest, and thus, the Constitution for the sake of such legal interest.