The defendant is a person subject to enlistment in active service.

On September 3, 2014, the Defendant received a written notice of enlistment in the name of the head of the Gyeonggi Northern Branch Military Manpower Branch Office on October 14, 2014 and did not, without good cause, enlist within three days from the date of enlistment, the Defendant received a written notice of enlistment in the name of the head of the Gyeonggi Northern Branch Military Manpower Branch Office on October 14, 2014.

Summary of Evidence

1. Partial statement of the defendant (the purport that he did not enlist in the military by religious doctrine);

1. Application of Acts and subordinate statutes to a written accusation (a written accusation, a list of those to be enlisted in active service, domestic registration/mail, etc.);

1. The “justifiable cause” under Article 88(1) of the Military Service Act, which is a judgment on the assertion of a defendant and his/her defense counsel under Article 88(1) of the pertinent Act on criminal facts, should, in principle, be deemed to be based on the premise that the existence of an abstract duty of military service exists and the confirmation of the performance of the duty itself, but should be based on the premise that the failure to perform the duty specified is not attributable to the

However, even in cases where a person who has refused to perform a specific duty is guaranteed by the Constitution of Korea and the right has superior constitutional value to the function of the legislative purpose of the above provision, if punished by applying the above provision, it would result in undue infringement on his/her constitutional rights. Thus, it is reasonable to deem that there exists "justifiable cause" to refuse to perform the duty exceptionally to exclude such unconstitutional situation.

However, among the freedom of religious conscience, the freedom of conscience realization by passive omission can conflict with other legal interests in the process of realizing that conscience, and when it comes to this, it can inevitably be accompanied by restriction.