A defendant shall be subject to enlistment in active duty service and a person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

On August 22, 2016, the Defendant received a notice of enlistment in the active duty service under the name of the director of the regional military manpower office in Busan on September 20, 2016, to enlistment in the 3rd Gun B apartment in Ulsan-gun, Ulsan-gun, 101 Dong 1710 and 1710 on September 20, 2016, but did not enlist within 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 the statutes governing the progress of delivery;

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

1. Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201); conscientious objection according to conscience does not constitute “justifiable cause” as provided for the exception of punishment under the foregoing provision; even from the provision of Article 18 of the International Covenant on Civil and Political Rights in which Korea is a member of the Republic of Korea, the right to be exempted from the application of the foregoing provision is not derived from the right to conscientious objectors according to conscience, and the United Nations Commission on Freedom of Law presented recommendations.

Even if this is not legally binding, it is not legally binding.

(2) The Defendant’s assertion that he refuses enlistment according to a religious conscience and constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act is rejected. (3) The Defendant’s assertion that he refuses enlistment according to a religious conscience and constitutes “justifiable cause” is not accepted.