The Defendant is a religious organization believers B.

A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on May 16, 2014, the Defendant received a written notice of enlistment under the name of the director of the Seoul regional military manpower office to enlist in the Army Training Center located in the Seodaemun-gu Seoul Special Metropolitan City, Seodaemun-gu, the Defendant’s office, and the Defendant’s office of the Defendant D, from Jun. 30, 2014 to Jun. 30, 2014, and failed to enlist without justifiable grounds even after three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the suspect examination protocol of the defendant;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes to inquire into domestic registration/explosive mail;

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

1. The alleged Defendant, as a believers of religious organizations B, refused to enlist in active duty service according to religious conscience.

Since such right to conscientious objection is guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, the defendant's refusal to enlist in active service constitutes justifiable grounds under Article 88 (1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88 (1) of the Military Service Act, which is a punishment provision for evasion of enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people.