A person who has received a written notice of enlistment in active service shall enlist within three days from the date of enlistment.

Nevertheless, around June 26, 2014, the Defendant enlisted in the 306 Supplementary Zone located in Gyeyang-gu Incheon Gyeyang-gu, the defendant's house located in 602 Dong 305, and on August 5, 2014, the Dong-dong 306.

'A notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-do regional military manpower office was received by apartment security guards D, but failed to 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;

1. A written accusation;

1. Military register inquiry;

1. Application of domestic Acts and subordinate statutes of the Korea Registration/Sposting Postal Service;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The Defendant asserted that he refused to enlist in the army according to a religious conscience as a witness of the female and his believers.

Such conscientious objection is derived from the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution. “Justifiable cause” under Article 88(1) of the Military Service Act includes conscientious objection based on the foregoing religious belief.

Therefore, the defendant's refusal of enlistment does not constitute a crime for "justifiable cause" under Article 88 (1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of the performance thereof. However, it shall be deemed that there is a reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, and that there is no reason attributable to the non-performance of the military service. However, the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the right has superior constitutional value that enables the legislative purpose of the above legal provision.