The defendant is innocent. The summary of this judgment shall be notified publicly.

2. The summary of the facts charged is a person subject to enlistment in active duty service.

On July 16, 2017, the Defendant received a written notice of enlistment in the name of the Director General of the Gangwon-si Military Manpower Office to be enlisted in the 15 company group as of August 14, 2017 at the residence of the wife population B apartment and C, the Defendant failed to enlist without justifiable grounds by not later than three days after the date of enlistment.

3. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant’s refusal to serve in the military according to conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

4. Judgment of the court below

A. The relevant legal doctrine’s refusal to perform the duty of conscientious objection on the grounds of conscientious decision 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” as prescribed by 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 a fixed change, the belief has a clear substance, and it should not be easily changed as it is.

It means that the belief that it is true is not false, but is neither compromise nor strategic depending on circumstances.

Even if the conscientious objectors are in a devout and firm belief.