The Defendant is a person in active duty service.

On April 5, 2017, the Defendant received a written notice of enlistment from the head of the regional military affairs office in the name of the head of the regional military affairs administration and the head of the regional military affairs office, to enlist in the Army Training Center located within the territory of the Dong-gu, Sungnam-si, Sungnam-si by May 1, 2017, through the Defendant’s mother, by May 1, 2017, the Defendant failed to enlist without justifiable grounds until May 4, 2017, for which three days have passed since the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes to the notice of additional enlistment in active duty service, the list of copies, and the progress of delivery of written notice of enlistment;

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 refused enlistment in order to realize the freedom of religious conscience guaranteed by Article 18 of the Constitution and the International Covenant on Civil and Political Rights, and thus constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The Constitutional Court made a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception of punishment under the above provision. The Supreme Court does not have the right to exempt the conscientious objectors pursuant to the above provision from application of Article 18 of the International Covenant on Civil and Political Rights to whom the Republic of Korea is a member of the Republic of Korea, and the right to exempt the conscientious objectors from application of the foregoing provision is not derived from the provision of Article 18 of the "International Covenant on Civil and Political Rights." Even if the United Nations Commission on Freedom has presented a recommendation, this is not legally binding.

Supreme Court Decision 2004Do2965 Decided July 15, 2004, Supreme Court Decision 2004Do2965 Decided November 15, 2007, and Supreme Court Decision 2007