A person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, the Defendant, who was judged to be subject to Grade III active duty service on October 28, 2015, was not enlisted in the military service on November 9, 2016, and on November 9, 2016, at the Defendant’s residence located in the Gu-U.S. B building and C’s residence, and on December 6, 2016, “to be enlisted in the five associations located in the Gyeonggicheon-gun branch of Gyeonggi-do, 2016,” was delivered a written notice of enlistment in the active duty service under the name of the head of the regional military affairs office in the Daegu-do,

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of statutes on details of enlistment in active duty service and completion of delivery of mail;

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. The gist of the assertion is “E” and the Defendant refused to enlist in active duty service according to one’s conscience formed based on religious belief. As such, the Defendant’s refusal to enlist in the instant military service constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Determination

A. Inasmuch as the exercise of fundamental rights under the Constitution should be carried out within the scope that enables a common life with others within a community and does not endanger other constitutional values and the legal order of the State, the exercise of all fundamental rights, including the freedom of conscience, is a fundamental limitation to the exercise of all fundamental rights. Thus, in a case where there exists a constitutional legal interest to justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

However, Article 88(1) of the Military Service Act, which is a legal provision of the instant case, was prepared to specify the duty of national defense of the most fundamental citizen, and if the State’s security is not guaranteed because such duty of military service is not fulfilled properly, it is difficult to guarantee the dignity and value of the people as human beings.

Therefore, it is true.