On August 27, 2013, the Defendant, as a person subject to enlistment in active duty service, received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju District Office to enlist in the Geumcheon Army Training Center in the name of the head of the regional military manpower office in order to serve on October 14, 2013 at the residence of the Defendant, 101 Dong-dong 1108, Nam-gu, Nam-gu, Gwangju, Gwangju, on August 27, 2013, but failed to serve on October 16, 2013 within three days from

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of domestic Acts and subordinate statutes of registration inquiry;

1. The defendant and his defense counsel's assertion on criminal facts as to the defendant and his defense counsel under Article 88 (1) 1 of the pertinent Act, asserts that the defendant's defense counsel did not enlist in the military based on the freedom of religion and the freedom of conscience guaranteed by the Constitution and the International Covenant as a believers of a D religious organization. Thus, there are justifiable grounds for refusing enlistment and there is no possibility of expectation

According to the Defendant’s legal statement and confirmation document, the fact that the Defendant was not enlisted in the military according to his religious conscience is acknowledged as a believers of a D religious organization. However, in the event that there exists a constitutional legal interest to justify the restriction, the freedom of religion and the freedom of conscience is the relative freedom that may be restricted by law pursuant to Article 37(2) of the Constitution, and the duty of military service is ultimately to ensure the dignity and value of all citizens, and the Defendant’s freedom of religion and the freedom of conscience cannot be said to be a value superior to the above constitutional legal interest. Thus, for the above constitutional legal interest, the freedom of religion and the freedom of conscience are restricted pursuant to Article 37(2) of

This is a legitimate restriction permitted under the Constitution, and the defendant's act cannot be deemed as falling under "justifiable cause" under Article 88 (1) 1 of the Military Service Act, and ② Civil and political rights.