The defendant is a witness to the interest of a person in active duty service.

Although the Defendant directly received a notice of enlistment in active duty service from his home located in Busan Dong-gu B and 101 on September 15, 2015, that “to be enlisted in active duty service from an association of November 24, 2015” and “to be enlisted in active duty service,” the Defendant did not, without justifiable grounds, enlist for more than three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a written accusation, a notice of enlistment in active duty service, an inquiry into the status of delivery of registration, and the application of statutes 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. The gist of the assertion is that the Defendant, as a believers witness, refused to enlist in active service according to a religious conscience, and such conscientious objection is guaranteed by the freedom of conscience under the Constitution and the International Covenant on Civil and Political Rights. As such, the Defendant’s refusal to enlist in the military is “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Determination

A. “Justifiable cause” under Article 88(1) of the Military Service Act should, in principle, be deemed as the existence of an abstract duty of military service under the premise of the existence of such duty of military service and the recognition of its performance, but the reason that can justify the nonperformance of such duty as specified, i.e., disease, etc., is not attributable to the person who committed such duty.

However, there is a superior constitutional value that a person who has refused to perform a specific duty is guaranteed by the Constitution of the Republic of Korea and further has superior constitutional value that functions as the legislative purpose of the above legal provision.

Even if it is recognized, if punishment is applied to the above legal provision, it would result in an undue infringement of his constitutional rights. In this case, it is exceptionally refused to perform his obligations in order to exclude this unconstitutional situation.