The defendant is a person subject to enlistment in active service.

On October 10, 2013, the Defendant: (a) at the home of the Defendant’s office located in Seosung-si B, 312 Dong 1902, and (b) on November 25, 2013, the Defendant enlisted in the Army Training Center located in Seosan-si, Seosan-si on November 25, 2013; and (b) was given a notice of enlistment in the active service under the name of the relevant regional military manpower office of the Incheon Gyeonggi-si;

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Military register inquiry;

1. Enlistment notice;

1. Application of Acts and subordinate statutes on military service and natural lists;

1. As to the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013), the Defendant asserts that, according to the right derived from the freedom of conscience under Article 18 of the International Covenant on Civil and Political Rights and Article 19 of the Constitution, the Defendant’s refusal of military service according to a religious conscience constitutes justifiable cause.

However, the "justifiable cause" of Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of its performance. However, it should be deemed that there is a reason that can justify the non-performance of the duty of military service that is specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, and that there is no reason that is not attributable to the non-performance of the duty of military service. On the other hand, on the other hand, the right that the non-performance of the specific duty of military service is guaranteed by the Constitution of Korea, and furthermore, even if the right has superior constitutional value that serves the legislative purpose of Article 88 (1) of the Military Service Act, if punished by the application of Article 88 (1) of the same Act, it would result in an undue infringement on the constitutional right of the non-performance