On October 7, 2014, the Defendant was served with the notice of enlistment in active duty service in the name of the director of the Incheon Gyeonggi-si Military Manpower Office on November 25, 2014 to the e-mail address (B) he designated by him at an insular place (B) around 19:25 on November 7, 2014, and the Defendant was not enlisted without justifiable grounds for three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes governing military register inquiry;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that there exists a justifiable reason not to enlist in the Defendant, since he refused enlistment according to his religious belief and conscience, as the Defendant’s belief and conscience as “syhovah’s Witness” was a new witness.

However, fundamental rights under the Constitution should be exercised within the extent that it enables a common life with others within a community of the State and does not endanger other constitutional values and the legal order of the State. As such, in a case where there exists a constitutional legal interest that can justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution, and Article 88(1) of the Military Service Act is established to embody the duty of national defense of the most fundamental citizen. If such duty of military service is not properly performed and the national security is not performed, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately is to ensure the dignity and value of all citizens, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interest, and thus, it cannot be said that the freedom of conscience of the conscientious objectors is a value higher than the above constitutional legal interest. In accordance with Article 37(2) of the Constitution for the benefit of the Constitution.