Although the Defendant received a written notice of enlistment under the name of the head of the Gyeonggi-do North Korean branch of the army, to which he would enlist as an incorporated body’s new soldiers, from December 13, 2016 to December 14:00, 201, through Dong-si B, 501 Dong 1506, the Defendant did not comply with the enlistment without justifiable grounds by the date three days have elapsed from the date of enlistment, from November 9, 2016, through Dong-si B, 501 Dong 1506.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each Act and subordinate statute to a written accusation, a written accusation, a written accusation against a violator of the Military Service Act, a written notice of enlistment in active duty service (on duty reserve service), a delivery progress, and a written notice 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. 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.

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.