병역법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances, but the defendant was given a notice of enlistment to enlistment on November 6, 2017 at the residence of the defendant of Ansan-gu member B apartment C, Ansan-gu, Ansan-si, and on September 13, 2017 at the residence of the defendant of the defendant of the Dongsung-gu, Ansan-gu, the defendant failed to enlist within three days from the date of enlistment without justifiable grounds.
2. Determination
A. uniformly compelling conscientious objectors to perform the duty of military service and imposing sanctions, such as criminal punishment against nonperformance, is unreasonable in light of the constitutional guarantee system and overall legal order, including the freedom of conscience, and is also contrary to the spirit of free democracy, i.e., tolerance and tolerance of the minority.
Therefore, if a genuine conscience is conscientious objection, such objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
On the other hand, a genuine conscience must be devout, firm, and sincere. Since a person’s inner conscience cannot directly and objectively prove it, it should be determined by means of proving indirect or circumstantial facts related to a person’s conscience in light of the nature of an article.
(See Supreme Court en banc Decision 2016Do10912 Decided November 1, 2018).B.
In full view of the following circumstances, the defendant's refusal to enlist in the military constitutes a justifiable cause under Article 88 (1) of the Military Service Act as a genuine conscience.
1) All the Defendant’s mother’s parents and sentences are D religious organization believerss. 2) The Defendant, from the time of birth to her mother’s religion, opened a religious organization’s belief while participating in an assembly with the parent’s influence. On February 27, 2016, the Defendant came to live with D religious organization faith and began to be a member of the D religious organization with her religious faith.
3) The Defendant, as a member of E, is attending a meeting and is engaged in the transition activity. 4) The Defendant is given notice of enlistment around September 2017.