The defendant is a person in active duty service.

The Defendant, at around September 13, 2013, received a notice of enlistment in the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlist in the military service from the Defendant’s office located in Suwon-si, Suwon-si to October 29, 2013, as well as from October 29, 2013, but did not enlist in the military without good cause until November 2, 201 of the same year, five days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of domestic Acts and subordinate statutes of the postal inquiry agency;

1. As to the Defendant’s assertion on criminal facts and the grounds for sentencing under Article 88(1)1 of the relevant Act, the Defendant asserts that the Defendant, as a believers of a religious organization, refused to enlist in active duty service according to his conscience order in accordance with his religious doctrine, and that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

In principle, “justifiable cause” under Article 88(1) is premised on the existence of abstract military service and the confirmation of its performance. However, it shall be deemed that there is a reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., a cause not attributable to the non-performance of the military service, such as illness. As to the so-called conscientious objection, the Constitutional Court decided that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see Constitutional Court Order 2002HunGa1, Aug. 26, 2004). The Supreme Court does not constitute “justifiable cause” under the above provision, and even from the provision of Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a member, the right to be exempt from the application of the above provision.