The Defendant is a person in active duty service.

On October 5, 2016, the Defendant issued a written notice of enlistment under the name of the head of the Military Affairs Administration in Daegu-do, the head of the Military Affairs Administration, to enlistment in the Army Training Center located in the Seosan-si on October 31, 2016, from the Defendant’s residence located in the Northern-si B, 401 Dong 1105, and did not enlist without justifiable grounds, within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to notify enlistment in active duty service;

1. Determination as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act

1. The Defendant alleged that he was “nicker and Witness” and did not enlist in the military according to his religious doctrine and conscience.

Article 19 of the Constitution guarantees the freedom of conscience.

The defendant's refusal to enlist has a justifiable reason under Article 88 (1) of the Military Service Act.

2. Article 88(1) of the Military Service Act that punishs a person who evades enlistment in the army does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga2, Aug. 30, 201). Moreover, the so-called conscientious objection pursuant to one’s conscience does not constitute “justifiable cause” as provided for by the exception of punishment under the Military Service Act, and punishing the same does not contravene the freedom of conscience guaranteed by Article 19 of the Constitution.

B. Article 18 of the International Covenant on Civil and Political Rights (hereinafter “International Covenant”) in which a member of the Republic of Korea is a member of the Republic of Korea does not derive the right to be exempted from the application of the Military Service Act, and even if the United Nations Commission on Freedom of Freedom proposed a recommendation, this does not have any legal binding force (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2007Do8187, Nov. 29, 2007). The defendant enlisted in the military on the basis of the freedom of religion or conscience.