A defendant shall be subject to enlistment in active duty service and a person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, on July 15, 2016, the Defendant was issued a written notice of enlistment in active duty service under the name of the director of the regional military manpower office in Chungcheongnam-si and 202, and on August 23, 2016, to enlistment in the 28 Team located in the Gyeonggi-si, Gyeonggi-do, and on August 23, 2016, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written statement;

1. A list of enlistment notices and notifications;

1. Detailed information and written notice on the result of delivery;

1. Application of Acts and subordinate statutes confirming facts

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that this constitutes justifiable grounds under Article 88(1) of the Military Service Act, since he did not enlist in the military by decision based on the freedom of conscience.

Pursuant to Article 37(2) of the Constitution, the freedom of conscience expression, such as so-called “sexual objection” can be restricted for national security, maintenance of order, or public welfare.

Article 88(1) of the Military Service Act is a provision embodying the duty of national defense. If the national security is not guaranteed because the duty of military service is not fulfilled properly, the dignity and value of the people as human beings cannot be guaranteed. Therefore, the duty of military service is to ensure the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors is superior value to such constitutional legal interests.

Ultimately, the defendant's assertion is not accepted, since there is no justifiable reason for the defendant to refuse to enlist within the period prescribed by the law.