As a person subject to enlistment in active duty service, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the military training center from the Defendant’s house located in Ansan-si B, 105 Dong 1005 to November 24, 2014, but did not comply with the enlistment within three days from the date of enlistment for religious conscience, not for justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the accuser (C);

1. Enlistment notice in active duty service and management of e-mail noticeers;

1. Application of Acts and subordinate statutes to notification sent to the Military Manpower Administration;

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

1. The defendant asserts that he refused to enlist in active duty service according to his religious conscience training as the believers of the religion called “novahovah’s Witness,” and that the right to conscientious objection is a specific right guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Convention”), and that the defendant does not constitute a crime for the justifiable reason under Article 88(1) of the Military Service Act (hereinafter “the instant legal provision”).

2. Determination

A. The "justifiable cause" in the legal provision of this case is, in principle, premised on the existence of abstract military service and the confirmation of the performance of the duty itself. However, it should be deemed that there is a cause that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, etc., as long

(See Supreme Court Decision 67Do677 delivered on June 13, 1967, and Supreme Court Decision 2003Do5365 Delivered on December 26, 2003, etc.) (b).

However, a person who has refused to perform a specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further the right is superior to the legislative purpose of the legal provision of this case.