However, on the ground that his religion is “C”, the Defendant did not enlist in the military without justifiable grounds for the lapse of three days from the date of enlistment.

2. Determination:

A. According to the evidence duly admitted, the following facts are recognized.

1) When the Defendant became up with D’s mother, the Defendant began religious life upon D’s India. On May 21, 201, the Defendant was in her religious life on the part of C’s E, and is currently under the religious life from “F” to “F.”

2) On November 5, 2016, the Defendant received a notice of enlistment in active duty service from the head of the Military Affairs Branch Office of Gyeonggi-do, that he will enlist in the three association new soldiers training unit located in a Ri, such as a document document of Gangwon-gun, etc. on December 27, 2016.

On November 12, 2016, the defendant is prohibited from serving in the military service according to a religious belief as aC by the head of the Military Affairs Branch Office of Gyeonggi-do.

“Before submitting a written confirmation of the church that proves C along with the writing to the effect that it is “C.”

3) The Defendant cannot perform his military duty according to his religious conscience, and if the alternative service system is introduced, he will comply with it.

On the other hand, the defendant's type G also refused to perform military duty according to religious conscience as the defendant, and was sentenced to imprisonment with prison labor for three years.

B. According to the above facts established under Article 88(1) of the Military Service Act, the Defendant is deemed to have refused enlistment in active duty service according to a religious conscience that is absolutely high, and such conscientious objection is included in the “justifiable cause” under Article 88(1) of the Military Service Act.

The reasons are as follows (Seoul District Court Decision 2015No 1181 decided October 18, 2016).