A person who has received a notice of enlistment in active service or call-up for military service shall not be enlisted or not respond to the call-up after the lapse of three days from the date of enlistment or call-up without justifiable grounds.

Nevertheless, even though the defendant received a written notice of enlistment in the name of the director of the Daejeon District Military Manpower Office that "I am on August 16, 2012 from the defendant's residence located B B 105 Dong 406, Dongsan-si and 102, located in Gangwon-do, from September 25, 2012, the defendant was not enlisted until now.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes of postal inquiry;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, arguing that the Defendant, as the believers of the religion D, refused to enlist in active duty service according to his religious conscience, and that the refusal of military service based on a religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus,

However, it cannot be deemed that a religious conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is rejected.