The defendant is a person in active duty service.

The Defendant, on August 4, 2016, failed to enlist within three days from the date of entry without justifiable grounds, even though the Defendant received a notice of enlistment in active duty service under the proviso of 3.102 of Dongwon-si building B and 102 of 2016, “BDDDDDDDDDDDDDDDDDDDDDD as a supplement to the supplement as of September 27, 2016

Summary of Evidence

1. Partial statement of the defendant;

1. Notice of enlistment, list of persons not enlisted in active service, and inquiry into military register;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Grounds for conviction under Article 88 (1) 1 of the relevant Act on criminal facts;

1. The gist of the Defendant’s assertion is “Ihovah’s Witness” and the Defendant refused to enlist in active service according to his religious conscience. This constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Article 88(1) of the Military Service Act was prepared in order to embody the duty of national defense most fundamental, and as such, if the State’s security is not ensured because the duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as human beings of all citizens, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests. Thus, even if the freedom of conscience of conscientious objectors is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it constitutes a legitimate restriction permitted under the Constitution.

On the other hand, Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea seems to stipulate the same content as the scope of protection of fundamental rights guaranteed by the interpretation of the freedom of conscience under Article 19 of the Constitution and the freedom of religion under Article 20.