On September 23, 2016, the Defendant, as a Jehovah’s Witness’s Witness, was issued a notice of enlistment in active duty service under the name of the head of the Gangwon-do Police Office, Gangwon-do Office, the head of Gangwon-do, to enlistment in the 23th unit of the 23 unit of the 2016 unit of the Gangwon-do, Gangwon-si, the Defendant was not enlisted until three days from the date of enlistment without justifiable grounds, even though he was given a notice of enlistment in active duty service under the name of the head of the 23 unit of the 20 unit of the 2

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. A screen that consents to the receipt of electronic documents;

1. A written notification sent to the Military Manpower Administration;

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

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

1. The gist of the assertion is the right to refuse enlistment according to religious conscience as a female witness and belongs to the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act and does not constitute a crime.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, it should be deemed that there is a reason to justify the nonperformance of the duty of military service that is specified by the decision of the head of the Military Affairs Administration, etc., such as illness, that is, a reason that is not attributable to the person who performed the duty of military service. However, the right of a person who refused to perform the specific duty of military service is guaranteed by the Constitution of Korea, and the right has superior constitutional value that enables the legislative purpose of the above provision.

Even if it is recognized, if a person is punished by applying Article 88(1) of the Military Service Act, it would result in an unreasonable infringement on his constitutional rights, so this situation is unconstitutional.