The Defendant, as a person subject to enlistment in active service on September 21, 2017, failed to enlist in the military by the date three days after the date of enlistment without justifiable grounds, notwithstanding the direct receipt of the notice of enlistment in active duty service under the name of the head of the Gyeonggi-do Army Training Center located in Chungcheongnam-gu, Gyeonggi-do, Gyeonggi-do, to be enlisted in the Army Training Center located in the Gyeonggi-do, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-do, and the head of the Gyeonggi-do Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act or subordinate statute of the written accusation, written accusation, written notice of enlistment in active duty service, written notice of enlistment in active duty service, written notice of notification, mail delivery status, and written notice

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

1. According to Article 19 of the Constitution guaranteeing the freedom of conscience of the Defendant and Article 18(1) of the International Covenant on Civil and Political Rights (Convention No. 1007, Jul. 10, 1990, which entered into force for the Republic of Korea on July 10, 1990; hereinafter “Rules”), the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is recognized that the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the same Act.

Therefore, there was a justifiable reason that the defendant did not enlist in the military, and there was no intention to evade enlistment.

2. The meaning of “justifiable cause” under Article 88(1) of the Military Service Act

A. Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is a legal provision that was enacted in order to suppress evasion of enlistment and enforce the formation of military force, which is a national security, by punishing a person who fails to comply with an enlistment or a call notice, even after having received a notice of enlistment or a call notice, which is abstractly confirmed by the decision of the head of the Military Affairs Administration, etc. of the military service under the provisions of the Military Service Act.