The defendant is a person subject to enlistment in active service.

Although the Defendant received a notice of enlistment for active duty service in the name of the director of the Daegu-gu regional military manpower office on October 26, 2014 to the effect that the Defendant “be enlisted in the Army Training Center located in the Daegu-gu, Seogu, Daegu-gu, 107 Dong 2101, and in the Geumdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, as of December 8, 2014,” the Defendant did not enlist until the 11th day of the same month after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The Defendant asserted that he was a “syhovah’s Witness” and refused to enlist in active duty service according to a religious conscience. Since the right to conscientious objection is guaranteed under Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if the national security is not achieved because such duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed.

Therefore, the duty of military service is ultimately a whole of citizens.