On July 14, 2014, the Defendant was a person subject to enlistment in active duty service, and a witness flusium in Gyeyang-gu, Incheon, Gyeyang-gu, and the Defendant’s residence located in 301 Dong 1205, Dong 1205, and entered 102 supplemental units located in Chuncheon-si on August 19, 2014.

“A”, upon receipt of the notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office from the mother C, did not enlist without justifiable grounds until August 22, 2014 after three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Military register inquiry;

1. Application of parcel-post-post Acts and subordinate statutes;

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

1. The Defendant asserted that he refused to enlist in the army according to a religious conscience as a witness of the female and his believers.

Such conscientious objection is derived from the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution. “Justifiable cause” under Article 88(1) of the Military Service Act includes conscientious objection based on the foregoing religious belief.

Therefore, the defendant's refusal of enlistment does not constitute a crime for "justifiable cause" under Article 88 (1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of the performance thereof. However, it shall be deemed that there is a reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., a reason that is not attributable to the non-performance of the military service, such as illness. However, even in a case where the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the right has superior constitutional value that enables the legislative purpose of the above legal provision.