The Defendant, as a religious believers, is a person subject to enlistment in active duty service.

Although the Defendant received a written notice of enlistment in active duty service from the head of the Gyeonggi-do Military Affairs Branch Office of the Branch Office of the Military Affairs in the Gyeonggi-do around November 2, 2017 to enlist in the military register of 11 association vagabonds, located in Hongcheon-gun, Hongcheon-do on December 4, 2017, the Defendant failed to enlist without justifiable grounds until December 7, 2017, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute to include a written accusation, written accusation, written notice of enlistment in active duty service, written notice of enlistment in active duty service, list of persons to be enlisted, mail delivery information, and a copy of the notice of enlistment

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

1. According to Article 19 of the Constitution guaranteeing the freedom of conscience of the Defendant and Article 18(1) of the International Covenant on Civil and Political Rights (Convention No. 1007, Jul. 10, 1990, which entered into force for the Republic of Korea on July 10, 1990; hereinafter “Rules”), the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is recognized that the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the same Act.

Therefore, there was a justifiable reason that the defendant did not enlist in the military, and there was no intention to evade enlistment.

2. The meaning of “justifiable cause” under Article 88(1) of the Military Service Act

A. Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is an abstract basis for national security by suppressing the evasion of enlistment by punishing a person who fails to comply with the notice of enlistment or call, even after having received the notice of enlistment or call-up in active service, which contains the abstract confirmation of military service under the provisions of the Military Service Act by the decision of the head of the Military Affairs Administration, etc.