Around August 16, 2003, the Defendant had been engaged in religious activities as the doctrine of “B religious organization,” and had the belief of refusing military activities, depending on the doctrine of the said religion.

On June 29, 2012, the Defendant, at the office of the Defendant located in Daejeon Dong-dong, Daejeon on July 29, 2012, delivered a notice of convening a public duty personnel call under the name of the director of the Daejeon District Military Manpower Office, who was in the name of the Daejeon District Military Manpower Office on July 9, 2012, to comply with the convening of the 35th Team located in Seocheon-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon on July 9, 2012

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the defendant and E;

1. Fact-finding certificates;

1. Application of Acts and subordinate statutes to file an accusation, an active duty serviceman, and a written notice of enlistment for full time reserve service, an inquiry into domestic registration/mail delivery, and notification sent to the Military Manpower Administration;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act on the Military Service Act, the Defendant and the defense counsel asserted that the Defendant’s refusal to enlist in the military according to a religious belief or conscience as the “B religious organization” is against international law, such as the “justifiable cause” under Article 88(1) of the Military Service Act or “political act” under the Criminal Act, and imposition of punishment without recognizing alternative military service to conscientious objectors is against the international law, such as the “International Covenant on Civil and Political Rights” to which Korea is a party.

Therefore, Article 88(1) of the Military Service Act is prepared to specify the duty of national defense of the most fundamental citizen. If the national security is not ensured because the duty of military service is not properly fulfilled, it cannot be guaranteed as human beings. Therefore, the duty of military service is ultimately the dignity and value of all citizens as human beings.