The Defendant is a person in active duty service. On October 21, 2013, the Defendant was not enlisted without justifiable grounds by the date three days after the date of enlistment, while he directly received the notice of enlistment in active duty service under the name of the head of the Gyeonggi-si Military Manpower Branch Office, which is located in the Gyeonggi-si Military Affairs Administration of the Gyeonggi-do on December 3, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice in active duty service;

1. The Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act asserts that the refusal of enlistment in accordance with the religious belief constitutes “justifiable cause” as stipulated by Article 88(1) of the Military Service Act, which constitutes “justifiable cause” as a new religious organization.

However, with respect to conscientious objection according to conscience, the Constitutional Court decided that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court did not constitute “justifiable cause” as provided for the exception to punishment under the foregoing provision, and even from Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea, the right to be exempted from the application of the foregoing provision is not derived, and the United Nations Commission on Freedom of Civil and Political Rights presented recommendations.

Even if this does not have any legal binding force, (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). The Defendant’s above assertion is difficult to accept as present against the Constitutional Court’s decision and the purport of the Supreme Court’s decision.

Criminal defendant for sentencing has been notified of enlistment again.