The Defendant was enlisted in active duty service, at the Defendant’s residence located in Bupyeong-gu, Incheon, Bupyeong-gu, 313 Dong 101 on June 2, 2015, and on July 28, 2015, the Defendant received a notice of enlistment in active duty service in the name of the director of the Incheon Gyeonggi Military Manpower Administration to enlist in the 35 company located in the former North Korean military unit until July 28, 2015, but failed to enlist in the above military unit by the date three days have elapsed from the date of enlistment, on the religious ground that he was a “novah’s Witness

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to file a charge, military register inquiry, enlistment notice, and notification sent to the Military Manpower Administration;

1. The Defendant’s assertion and judgment on criminal facts under Article 88(1) of the pertinent Act on the Military Service Act asserts that there exists “justifiable cause” under Article 88(1) of the Military Service Act in the Defendant’s refusal to enlist in the military according to his religious belief and conscience as a witness of the brigade.

However, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in cases where there exists a constitutional legal interest to justify the restriction, and Article 88(1) of the Military Service Act is prepared to embody the duty of national defense of the most fundamental citizen. If the duty of military service is not properly performed and the national security is not performed, it cannot be guaranteed as human dignity and value of the citizen. Thus, the duty of military service ultimately is to ensure the dignity and value of all citizens as human beings.

Therefore, since the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests, the freedom of conscience of the Defendant is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests.

Even if it is permitted under the Constitution, it is legitimate.