On September 7, 2017, the Defendant received a written notice of enlistment from the head of the Daegu-gu Military Manpower Administration to the Army Training Center on October 30, 2017 by e-mail at a e-mail place on September 7, 2017, but did not enlist for the period of three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. The application of statutes to the accusation book, notification of enlistment in active duty service, list of waiting persons, notification of enlistment, and data on the informatization system of new military administration;

1. Determination as to the Defendant’s assertion on criminal facts under Article 88(1) of the pertinent Act

1. The Defendant alleged as B, who refused to enlist in active duty service according to his religious belief or conscience as B.

Such refusal of military service is guaranteed in accordance with Articles 19 and 20 of the Constitution providing for the freedom of conscience and religion and Article 18 of the International Covenant on Civil and Political Rights (Convention No. 1007, which came into force for the Republic of Korea on July 10, 1990; hereinafter “Rules”).

Therefore, the Defendant’s refusal of military service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

In addition, there is a justifiable reason in accordance with the reasonable ground that the defendant is the constitution and the rules.

There is no intention to evade enlistment, since I think of it and will to be engaged in private alternative service, etc. that do not go against conscience.

2. Determination 1) The fact that the exercise of fundamental rights under the Constitution should be carried out to the extent that it enables a common life with others within a national community and does not endanger other constitutional values and the legal order of the State is the fundamental limitation of the exercise of all fundamental rights, including the freedom of conscience and the freedom of religion.

In other words, the freedom of conscience or the freedom of religion 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.