The Defendant is a person subject to enlistment in the active duty service with the new religious organization B, and on November 6, 2013, the Defendant was issued a notice of enlistment in the military service under the name of the director of the Incheon Gyeonggi-do regional military manpower office to enlistment in the 306 supplementary unit located in the Dong-dong of the Government of Jung-si on December 17, 2013 from the Defendant’s office of Mai-si 10 tea 302, and did not enlist without justifiable grounds until December 20, 2013 after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation or accusation against a person evading military service;

1. Application of Acts and subordinate statutes to military register inquiry and notice of enlistment in active service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the refusal of military service based on a religious conscience is “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, given that the Defendant’s religious group D as a member of the D society of B religious organizations, is guaranteed the right to conscientious objection based on a religious conscience according to the religious conscience and the International Covenant that he/she beliefs, inasmuch as the refusal of military service based on a religious conscience is guaranteed.

In principle, “justifiable cause” under Article 88(1) of the Military Service Act should be deemed as a matter of principle to justify the existence of abstract military service duty and the existence of the performance thereof, but the failure to perform the specified duty, i.e., reasons that are not attributable to the nonperformancer such as illness, etc. However, refusal of military service based on religious conscience does not include refusal of military service based on religious conscience, and the Constitutional Court consistently makes a decision that Article 88(1) of the Military Service Act, which is a provision punishing the evasion of enlistment

( Constitutional Court Order 2002Hun-Ga1 Decided August 26, 2004, Constitutional Court Order 2008Hun-Ga22 Decided August 30, 201, etc.). Moreover, conscientious objection is recognized as part of the freedom of expression of conscience pursuant to Article 18(1) of the International Covenant on Civil and Political Rights (hereinafter “Rules”) asserted by the Defendant.