The defendant is a witness witness of Hohovah and is subject to enlistment in active duty service.

On July 2, 2014, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Incheon Regional Military Manpower Office to enlist in the 102 supplement located in the Bupyeong-gu, Ansan-si and the 18:00 on August 2, 2014 from the 2nd to the 102 supplement in the Chuncheon-si, the Defendant did not, without justifiable grounds, enter the military by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. The defendant's assertion on criminal facts under Article 88 (1) 1 of the pertinent Act on the Military Service Act rejected enlistment according to his religious conscience. The defendant asserts that this constitutes "justifiable cause" under Article 88 (1) of the Military Service Act, since he is based on the freedom of conscience guaranteed by Article 19 of the Constitution.

The freedom of conscience formation, among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner depth, cannot be restricted to what is, and thus, is subject to absolute protection. On the other hand, the freedom of conscience realization in the stage of externally expressing and realizing conscience formed as such may be restricted by law if it violates legal order itself or conflicts with other constitutional values. As such, the freedom of conscience realization, which is one of the citizens’ duty of national defense as stipulated in Article 39(1) of the Constitution, is the most fundamental demand for the existence of a national community, and ultimately guarantees the dignity and value of all citizens as human beings. Thus, if the freedom of conscience realization conflicts with the duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, which is a legitimate restriction permitted under the Constitution.

(See Supreme Court Decision 2007Do3795 Decided July 12, 2007). Also, the Military Service Act is applicable.