On November 5, 2015, the Defendant received a written notice of full-time reserve service in the name of the head of the Gangwon-do Military Manpower Administration Office from the Defendant’s house located in Sinsi-si C and 105 Dong 910 on November 5, 2015 to December 14:00, 2015, to the 102 supplementary unit located in Sincheon-si, Sincheon-si, Seocheon-si, the Defendant did not enter the military service within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Notification of enlistment in active duty service (care in reserve service);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Determination as to the assertion by the defendant and his defense counsel regarding criminal facts under Article 88 (1) 1 of the Military Service Act

1. The gist of the assertion is the right to refuse enlistment according to religious conscience as a female witness and belongs to the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act and does not constitute a crime.

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 recognition of its performance. However, it should be deemed that there is a reason to justify the nonperformance of the duty of military service that is specified by the decision of the head of the Military Affairs Administration, etc., such as illness, that is, a reason that is not attributable to the person who performed the duty of military service. However, the right of a person who refused to perform the specific duty of military service is guaranteed by the Constitution of Korea, and the right has superior constitutional value that enables the legislative purpose of the above provision.

In addition, if punishment is imposed by applying Article 88(1) of the Military Service Act to the case of recognition, it would result in an undue infringement of his constitutional rights.