병역법위반
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the grounds for appeal is that the Defendant, as the believers of religious organizations B, refused to enlist in the army according to religious conscience and has justifiable grounds under Article 88(1) of the Military Service Act.
Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the finding of guilty of the facts charged of this case, thereby affecting the conclusion of the judgment.
2. The Defendant is a person subject to enlistment in active duty service as a believers of “B religious organization” in the facts charged.
On September 30, 2015, the Defendant, at the Defendant’s residence located in Jinju-si around September 30, 2015, failed to enlist, without justifiable grounds, by no later than three days after the date of enlistment, in spite of receipt of the notice of enlistment in active duty service by the director of the regional military manpower office of Gyeongcheon-si, Gangwon-do, that he will enlist in the 102 supplementary military unit located in
3. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant’s refusal to enlist according to one’s conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.
4. Judgment of the appellate court
A. The relevant legal doctrine on conscientious objection refuses to perform military training and bearing arms on the ground of conscientious decisions based on conscience established in religious, ethical, moral, and philosophical motive or similar motive. If conscientious objection is based on genuine conscience, such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
Here, conscience as referred to in this article is devout, firm, and true.
The belief deep means that it is a depth of a person's inner sense and it affects all his thoughts and actions.
The whole of life, which is not a part of the life, must be under the influence of its belief.
The belief that it is firm means that it is not flexible or variable.
Although it is not necessarily required to be a fixed change, the belief has a clear substance, and it is easy to change as it is.