On June 25, 2015, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlistment from the Defendant’s office located in Guro-gu Seoul Metropolitan Government on June 25, 2015, and from August 11, 2015 to August 14:00, 102, in the territory of Chuncheon-si, the Seoul Regional Military Manpower Office, and did not enlistment without justifiable grounds for three days after the

Summary of Evidence

1. Partial statement of the defendant;

1. Application of statutes on notification of enlistment in active duty service, list of persons to be enlisted in active duty service, and details of notification;

1. The defendant's assertion about the defendant's assertion regarding criminal facts under Article 88 (1) 1 of the pertinent Act on the Military Service Act is that the defendant refused to enlist in the military according to his religious conscience as the believers of the female and the witness. This asserts that the defendant's assertion constitutes "justifiable cause" under Article 88 (1) of the Military Service Act since it is based on the freedom of conscience, freedom of thought and freedom of religion guaranteed by the Constitution and the International Covenant on Civil and Political Rights.

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.

Supreme Court Decision 201No. 12. 7. 12.