The defendant is a witness witness in Jehovahovah.

Although the Defendant received a written notice of enlistment under the name of the head of the Military Affairs Administration of the Daegu-gu District Office to enlist in the Army Training Center on October 13, 2017 from the Defendant’s office located in Suwon-gu B, 103 Dong 1107 around October 13, 2017, and on November 13, 2017, the Defendant failed to enlist for a period of three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to the head of an accusation, notification of enlistment in active duty service, list of waiting servicemen, and status of enlistment notification;

1. Determination as to the Defendant’s assertion on criminal facts under Article 88(1) of the pertinent Act

1. The Defendant asserted that he was a female and witness, and refused to enlist in active duty service according to his religious belief or conscience.

Such refusal of military service is guaranteed by Articles 19 and 20 of the Constitution that provides the freedom of conscience and religion.

Therefore, the Defendant’s refusal of military service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the fundamental limitation of the exercise of all fundamental rights, including the freedom of conscience or the freedom of religion.

In other words, the freedom of conscience or the freedom of religion is a relative freedom that can be restricted by law in accordance with Article 37, Paragraph 2 of the Constitution if there is a constitutional legal interest to justify the restriction.

On the other hand, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if such duty of military service is not properly fulfilled, and thus national security is not secured.