A person subject to enlistment in active duty service shall receive a written notice of enlistment in active duty service and shall not be enlisted within three days from the date of enlistment without justifiable grounds.

As a person subject to enlistment in the active service, the Defendant received a notice of enlistment in the name of the director of the Incheon Regional Military Manpower Office to enlistment in the 8 company group from the Defendant’s house located in Si-si B, 203 Dong 402 around August 22, 2016 to the 8 company group from September 27, 2016, and failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation of the head of the Incheon Military Manpower Branch Office and a written accusation attached thereto, a written statement of enlistment notification, a written statement of enlistment notification, a written notification of enlistment notification, and the Military Manpower Administration;

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

1. The gist of the Defendant’s assertion is that the Defendant refused to enlist in the military according to a religious conscience as a witness of women and men. Such conscientious objection is derived from the freedom of conscience guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, which is a member of the Republic of Korea. As such, the Defendant’s refusal to enlist in the military constitutes “justifiable cause” under Article 88(1) of the Military Service Act that provides for exceptions to punishment for those who evade enlistment.

2. Determination

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 the performance of such service itself. However, the reason that can justify the nonperformance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, etc., i.e., diseases, etc., cannot be attributable to the non-performance of the military service. However, 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 is also guaranteed by