Although the Defendant received a notice of enlistment in active duty service under the name of the Director General of the Gangwon-do Military Manpower Office that “I will leave the military service in the 102 supplementary unit located in the Yongsan-gu Incheon Metropolitan City, Yongsan-do, from October 21, 2014,” as a person subject to enlistment in active duty service on September 29, 2014, the Defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to an accusation witness's written statement 1, the notice of enlistment in active duty service (full time reserve service), the list of those who notify enlistment, domestic registration/mail, the inquiry into the Military Manpower Administration, the notification sent to the Military Manpower Administration, and the submission of Acts and subordinate statutes to an internal meeting with a witness's lecture.

1. As to the assertion of the Defendant and his defense counsel regarding criminal facts under Article 88(1)1 of the pertinent Act, the Defendant and his defense counsel asserted that the Defendant, as a witness with good faith, refused enlistment according to an conscience order in accordance with the religious doctrine, and that such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

"Justifiable reason" under Article 88 (1) of the Military Service Act, which is a punishment provision for refusal of enlistment, is, in principle, premised on the existence of abstract military service and the acknowledgement of its performance. However, it should be deemed that the reason that justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, etc., such as illness, is limited to a reason that is not attributable to the non-performance of the duty of military service. However, on the other hand, the right of the non-performance of the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and the right of the non-performance of the duty of military service is recognized as having superior constitutional value to the legislative purpose of the above provision, even if the punishment is imposed by the application of Article 88 (1)