A person who has received a written notice of enlistment in active service shall not enlist in the military within three days from the date of enlistment without justifiable grounds.

Nevertheless, the Defendant failed to enlist in the military without justifiable grounds even though he received a notice of enlistment in the active service under the name of the head of the Incheon Military Branch Office on December 21, 2015, at the time of the Defendant’s residence, B apartment in Si-si, Si-si, and the Defendant’s residence in Si-si, Si-si, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of a written accusation, notification of enlistment in active duty service, and notification of enlistment;

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

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

1. The Defendant alleged that he refused to enlist in active duty service according to a religious conscience as “D religious organization” and such right to refuse military service is guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights. Thus, the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37, Paragraph 2 of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most basic duty of the people, and if such duty of military service is not properly fulfilled and the national security is not fulfilled, it is a human being.