The defendant is a person liable for military service and is subject to separate enlistment.

On October 10, 2013, around 10:16, the Defendant: (a) received a written enlistment notice from the Defendant’s house of Yansan-si C, 4. 4. 408 to the 102 supplement from the Defendant’s house to the 29th day of the same month; (b) but did not enlist on the designated date due to religious reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation of E;

1. A certificate of evasion of enlistment;

1. The annual meeting, identification number and identification number of the F Religious Organization;

1. Notice of enlistment in active duty service;

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

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. The defendant and his defense counsel asserted that they refuse to enlist in the military according to their religious conscience as the believers of the F Religious Organization. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is based on the freedom of religious conscience guaranteed by the Constitution and the International Covenant on Civil and Political Rights.

2. Among the freedom of conscience under Article 19 of the Constitution, the freedom of conscience formation, which remains in the inner depth, cannot be restricted to what is, and thus, subject to absolute protection. On the other hand, the freedom of conscience realization at the stage of externally expressing and realizing conscience, which is a relative freedom, may be restricted by law in cases where 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 under Article 39(1) of the Constitution, is the most fundamental demand for the existence of a nation’s community, ultimately, is aimed at guaranteeing 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, and this may be limited.