The Defendant is a person subject to active duty enlistment as a new religious organization.

On November 21, 2013, the Defendant received a notice of enlistment in the name of the director of the Seoul Regional Military Manpower Office to enlistment in the 35 company group located in the former metropolitan area from the Defendant’s office located in Mapo-gu Seoul Metropolitan Government C Apartment 107 Dong 1004, to December 24, 2013, and did not enlist, without justifiable grounds, until the 27th day of the same month after three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that, as he refused enlistment according to his religious belief and conscience, there exists “justifiable cause” under Article 88(1) of the Military Service Act, and that punishing the Defendant under the said provision is unreasonable.

Article 88(1) of the Military Service Act is established to specify the duty of national defense of the most fundamental citizen, and it seems clear that if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as a human being cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as a human being of all citizens, and the freedom of conscience of conscientious objectors cannot be said to be superior value to the above constitutional legal interests. Thus, for the above constitutional legal interests, the freedom of conscience of the defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

In order to secure the performance of military service, punishment is imposed on a person who refuses to enlist in active service, and whether to recognize alternative military service is subject to broad legislative discretion. Therefore, the Military Service Act is a disease or a mental or physical disorder.