The Defendant, as a person subject to enlistment in active duty service on September 30, 2015, was notified by the Defendant’s mother at the Defendant’s house located in the 604 Dong Dong 903, Osan-si, that he will be enlisted as an Army 37 association until November 3, 2015, but failed to enlist for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to inquire about military register, registered mail, and enlistment in active service;

1. Grounds for conviction under Article 88 (1) 1 of the relevant Act on criminal facts;

1. The gist of the Defendant’s assertion is “Ihovah’s Witness” and the Defendant refused to enlist in active service according to his religious conscience. This constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Article 88(1) of the Military Service Act was prepared in order to embody the duty of national defense most fundamental, and as such, if the State’s security is not ensured because the duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as human beings of all citizens, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests. Thus, even if the freedom of conscience of conscientious objectors is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it constitutes a legitimate restriction permitted under the Constitution.

Meanwhile, the provision of Article 18 of the International Covenant on Civil and Political Rights, which is a member of the Republic of Korea, appears to stipulate the same content as the scope of protection of fundamental rights guaranteed by the interpretation of the freedom of conscience under Article 19 of the Constitution and the freedom of religion under Article 20.