A person who has received a notice of enlistment in active service shall enlist within three days from the date of enlistment.

On April 5, 2015, the Defendant received a written notice of enlistment in active duty service to enlist in the military from the Defendant’s dwelling place located in the former Military Office C to May 19, 2015, according to the 35th unit new soldiers training located in the former Military Office, the e-mail, and did not enlist until May 22, 2015 due to a religious reason (sh’s witness).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Written statements of D;

1. A written accusation;

1. Application of Acts and subordinate statutes governing military register inquiry;

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. As the Defendant refused to enlist in the army according to religious faith, there is a justifiable reason under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out within the scope that enables a common life with others within a State community and does not endanger other constitutional values and the legal order of the State is the fundamental limitation of the exercise of all fundamental rights, including the freedom of conscience. In the event that there exists a constitutional legal interest to justify the restriction, the freedom of conscience is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

In addition, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if the national security is not achieved because such duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed.

Therefore, military service is ultimately to ensure the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors is the above constitutional law.