The defendant is a witness witness of Hohovah and is subject to enlistment in active duty service.

Although the Defendant received a written notice of enlistment under the name of the head of the regional military affairs administration on March 9, 2016, from the Defendant’s house located in the wife B apartment, and the Defendant’s house located in the Dong 402, on April 19, 2016, to the 55 association located in the valley-Eup, the wife population was to be enlisted on April 19, 2016, the Defendant failed to enlist for more than three days from the date of the enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Reference for registered mail, inquiry into military register, and application of statutes of notification of enlistment in active service;

1. Grounds for conviction under Article 88 (1) 1 of the relevant Act on criminal facts;

1. The gist of the Defendant’s assertion is “Ihovah’s Witness” and the Defendant refused to enlist in active service according to his religious conscience. This constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Article 88(1) of the Military Service Act was prepared in order to embody the duty of national defense most fundamental, and as such, if the State’s security is not ensured because the duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as human beings of all citizens, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests. Thus, even if the freedom of conscience of conscientious objectors is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it constitutes a legitimate restriction permitted under the Constitution.

On the other hand, Article 18 of the International Covenant on Civil and Political Rights to which Korea has joined is guaranteed as the interpretation of the freedom of conscience under Article 19 of the Constitution and the freedom of religion under Article 20.