The defendant is a new witness for women and is a person subject to enlistment in active duty service.

On May 25, 2016, the Defendant, at the Defendant’s house located in Masung-si B and 104 Dong 704 on May 25, 2016, “be enlisted in the 55 association located in the wife population in Chungcheongnam-si on June 7, 2016,” did not, without justifiable grounds, enlist by the date on which three days elapsed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Inquiries about military register, notification of additional enlistment in active duty service, and inquiry about delivery;

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

1. Grounds for conviction under Article 88 (1) 1 of the relevant Act on criminal facts;

1. The gist of the Defendant’s assertion is “Ihovah’s Witness” and the Defendant refused to enlist in active service according to his religious conscience. This constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Article 88(1) of the Military Service Act was prepared in order to embody the duty of national defense most fundamental, and as such, if the State’s security is not ensured because the duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as human beings of all citizens, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests. Thus, even if the freedom of conscience of conscientious objectors is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it constitutes a legitimate restriction permitted under the Constitution.

Meanwhile, the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea is the same as the scope of protection of fundamental rights guaranteed by the interpretation of the freedom of conscience under Article 19 of the Constitution and the freedom of religion under Article 20.