The Defendant, as a person subject to enlistment in active duty service on November 20, 2015, failed to enlist within three days from the date of enlistment, without justifiable grounds, even though he received a notice of enlistment in active duty service under the name of the head of the Jeju Regional Military Affairs Administration by an electronic mail (C) from the Defendant, to be enlisted in the Army Training Center located in the Seo-gu, Seosan-si, Seosan-si, Seosan-si on November 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Informing the head of the Jeju Regional Military Affairs Administration, a written accusation filed by the head of the Military Affairs Administration, a written complaint filed by D, an official notice of enlistment of military personnel on active duty, and an inquiry of a person who

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. Article 88(1)1 of the Military Service Act applicable to criminal facts and the choice of punishment: The Defendant’s assertion on the Defendant’s assertion of imprisonment with labor is a “novah’s Witness,” and the Defendant refused to enlist in active duty service according to his religious conscience, as stated in its reasoning. This is a right recognized pursuant to Articles 10 and 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, and thus, the Defendant’s conscientious objection constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

The freedom of conscience realization is also a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in a case where there is a constitutional legal interest to justify the restriction, and Article 88(1) of the Military Service Act is prepared to embody the duty of national defense of the most fundamental citizen. If the duty of military service is not properly performed and the national security is not ensured, the dignity and value as a human being cannot be guaranteed. Thus, the duty of military service is ultimately to ensure the dignity and value as a human being of all citizens.

Therefore, the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests.