병역법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of the grounds for appeal: The defendant, as B, has refused to enlist in the military according to his religious conscience and has a justifiable reason under Article 88(1) of the Military Service Act.
2. Determination
A. The summary of the facts charged in the instant case is “B” and is subject to enlistment in active service as “B.”
On January 12, 2018, the Defendant directly received a written notice of enlistment under the name of the director of the regional military manpower office in the Daejeon-si, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, his residence, and “to be enlisted in the first company of Seo-gu, Seo-gu, Seo-gu, Gyeonggi-do on February 19, 2018” in subparagraph (D), but failed to enlist within three days
B. The so-called conscientious objection and so-called conscientious objection pursuant to the relevant legal doctrine refers to refusing to perform the duty of military service involving participation in military training or arms on the ground of conscientious decision based on the conscience established in religious, ethical, moral, and philosophical or other similar motives.
If a genuine conscience is conscientious objection, such objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
It is an important issue to deliberate and decide on conscientious objection that can be recognized as justifiable grounds.
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 objector has a devout and firm belief.