The Defendant, as a person subject to enlistment in active duty service on September 16, 2015, received a written notice of enlistment under the name of the head of the Jeju Military Affairs Administration to enlistment in the 31st association located in the Northern-dong, Gwangju, from the Defendant’s house located in Jeju-si, to October 13, 2015, but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation of the head of the Jeju Regional Military Affairs Administration, a written accusation of the accusation of D, a list of active duty servicemen notified of enlistment in active service, and the progress of delivery of the copies;

1. Application of Acts and subordinate statutes to notifications, certificates of fact, identification numbers, and witness E sent to the Military Manpower Administration;

1. Article 88(1)1 of the Military Service Act applicable to criminal facts and the choice of punishment: The Defendant’s assertion on the Defendant’s assertion of imprisonment with labor is a “novah’s Witness,” and the Defendant refused to enlist in active duty service according to his religious conscience, as stated in its reasoning. This is a right recognized pursuant to Articles 10 and 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, and thus, the Defendant’s conscientious objection constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

The freedom of conscience realization is also a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in a case where there is a constitutional legal interest to justify the restriction, and Article 88(1) of the Military Service Act is prepared to embody the duty of national defense of the most fundamental citizen. If the duty of military service is not properly performed and the national security is not ensured, the dignity and value as a human being cannot be guaranteed. Thus, the duty of military service is ultimately to ensure the dignity and value as a human being of all citizens.

Therefore, the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests.