The Defendant is a person subject to enlistment in active duty service as a new witness.

On September 1, 2014, the Defendant received a notice of enlistment in active duty service from the director of the regional military manpower office prior to the lapse of three days from the date of enlistment, and failed to enlist without justifiable grounds, even if he received a notice of enlistment in active duty service from the director of the regional military manpower office prior to the lapse of three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A certificate of evasion of enlistment;

1. A written accusation;

1. Application of Acts and subordinate statutes of postal service registration and 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. The defendant and his defense counsel's assertion that they refused to enlist in the military according to religious conscience as the believers of a church as a witness. This constitutes "justifiable cause" under Article 88 (1) of the Military Service Act, since it is based on the freedom of religious conscience guaranteed by the Constitution and the International Covenant on Civil and Political Rights.

2. Among the freedom of conscience under Article 19 of the Constitution, the freedom of conscience formation, which remains in the inner depth, cannot be restricted to what is, and thus, subject to absolute protection. On the other hand, the freedom of conscience realization at the stage of externally expressing and realizing conscience, which is a relative freedom, may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. As such, the freedom of conscience realization, which is one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is the most fundamental demand for the existence of a nation’s community, ultimately, is aimed at guaranteeing the dignity and value of all citizens as a human being. Thus, if the freedom of conscience realization conflicts with the duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution.