The Defendant, as a person subject to enlistment in active duty service on September 25, 2014, did not enlist until November 28, 2014, which is the date of delayed enlistment, without good cause, despite the Defendant’s birth D, who received the notice of enlistment in active duty service to “to enlist in the military in the 102 supplement located in the Sincheon-si, Chungcheongnam-si, Incheon Metropolitan City on November 25, 2014.”

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes of notification of enlistment in active service;

1. The Defendant and his defense counsel’s assertion on criminal facts under Article 88(1)1 of the pertinent Act concerning the assertion of the Defendant and his defense counsel were “E” and the Defendant refused enlistment according to the order of conscience in accordance with the religious doctrine, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

"Justifiable reason" under Article 88 (1) of the Military Service Act, which is a punishment provision for refusal of enlistment, is, in principle, premised on the existence of abstract military service and the acknowledgement of its performance. However, it shall be deemed that there is a justifiable reason to refuse the performance of military service, such as illness, etc., in order to justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration. However, on the other hand, if a person who refuses to perform specific military service is punished by applying Article 88 (1) of the Military Service Act even in cases where the right is recognized as having superior constitutional value to the legislative purpose of the above provision, the punishment would result in undue infringement of his constitutional right. Thus, in this case, it is reasonable to deem that there exists a justifiable reason to refuse to perform the military service to exclude such unconstitutional situation.