2. Determination

A. The so-called conscientious objection and so-called conscientious objection according to relevant legal doctrine and conscience refer to refusing to perform the duty of military service accompanied by gathering guns or military training on the grounds of conscientious decision formed in religious, ethical, philosophical, or other similar motives.

It is not reasonable in light of the constitutional system of guaranteeing fundamental rights, including the freedom of conscience, and the overall legal order, and also violates the spirit of free democracy such as tolerance and tolerance of minority objectors.

Therefore, if a genuine conscience is to be conscientious objection, such objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2016Do10912 Decided November 1, 2018).B.

In accordance with the record, ① the Defendant’s active duty service enlistment notice was given on August 31, 2017, and the Defendant expressed his will to refuse enlistment in the military and active duty service from the investigative agency under the religious faith to this court, under the influence of his mother, and the Defendant was engaged in sexual intercourse and volunteer service under the influence of her mother. In the first year of high school of 17 years old, the Defendant was in her religious organization E, and up to now her religious organization E. < Amended by Presidential Decree No. 20210, Aug. 31, 2017>