The defendant's appeal is dismissed.

1. The summary of the grounds for appeal ① The Defendant trusted the answer of the public official in charge and intended to submit an application for postponement by June 20, 2013, and the person in charge refused to receive the application. As such, there were justifiable grounds for the Defendant’s failure to respond to the call for education of public duty personnel.

② The Defendant was under dispute with the Military Manpower Administration due to the postponement of the call-up for education, and was in a health condition that was unable to work normally according to the medical certificate issued on June 20, 2013, and thus did not leave the military service without permission.

2. Determination

A. Article 88(1) of the Military Service Act provides that a person who has received a written notice of enlistment in active service shall be punished when he fails to enlist within three days from the date of enlistment without justifiable grounds. The term “justifiable cause” under Article 88(1) of the Military Service Act refers to a cause for which the person subject to enlistment cannot be held responsible for the result of evading enlistment.

In addition, if the cause for postponement of the execution date of military service arises, he shall submit a written application for postponement to the director of the regional military manpower office at least five days prior to such date: Provided, That if there is no time to submit a written application for postponement due to a sudden cause, he shall submit it to the director of the regional military manpower

(Article 129(4)(b) of the Enforcement Decree of the Military Service Act.

The following facts acknowledged by the evidence duly adopted and examined by the lower court, i.e., the Defendant received a muster notice under the name of the director of the Gyeongnam Military Manpower Office (Evidence Record 8-11 pages), stating that he will enlist in the call-up for education conducted by the Defendant from Jinju who served on May 14, 2013 to July 12, 2013, from June 17, 2013 (Evidence Record 8-11 pages), and ii the Defendant called to the regional military manpower office around 17:14, 2013 and sought a postponement of the call-up notice on June 17, 2013. The competent officer in charge of the call at the time seeks to postpone the date of enlistment.