The defendant is a witness witness in Jehovahovah.

On October 15, 2013, the Defendant received a notice of enlistment in active duty service under the name of the director of the Daejeon District Military Manpower Office in the name of the Daejeon District Military Manpower Office to enlistment in the third 32 group in Sejong City by e-mail at the Defendant’s residence located in Boli-si B until November 26, 2013, and did not enlist until November 29, 2013, for which three days have passed without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of accuser C;

1. Application of statutes governing e-mail output;

1. The summary of the Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act is the Jehovah’s Witness and refuses enlistment according to a religious conscience. This constitutes a right belonging to the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act and does not constitute a crime.

Judgment

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 its performance. However, the reason why the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, is not attributable to the non-performance of the military service. 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 of the non-performance of the duty is recognized as having superior constitutional value to the legislative purpose of the above legal provision, if punishment is imposed by the application of Article 88 (1) of the Military Service Act, it would result in undue infringement of the constitutional right of the non-performance of the duty of military service. Thus, it is reasonable to deem that there exists a justifiable reason to refuse such a non-performance of the duty of military