병역법위반
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The gist of the grounds for appeal is that the defendant, as B, refuses to enlist according to his religious conscience and has a justifiable reason under Article 88(1) of the Military Service Act;
Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is the person subject to enlistment in active service as B believers.
On June 27, 2017, the Defendant received a notice of enlistment in the active duty service under the name of the director of the regional military manpower office, and failed to enlist in the military within three days from the date of enlistment without justifiable grounds, while the Defendant received the notice of enlistment in the name of the director of the regional military manpower office, which is the light of the following:
B. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant’s refusal to enlist according to his religious conscience does not constitute justifiable grounds stipulated in Article 88(1) of the Military Service Act.
C. The so-called conscientious objection according to the relevant legal doctrine 1 as to the trial of the political party refers to refusing to perform the duty of military service involving participation in military training or arms on the ground of conscientious decision formed in religious, ethical, philosophical or other similar motives.
Article 88(1) of the Military Service Act provides that a person shall be punished by imprisonment with prison labor for not more than three years for refusal of enlistment in active service.
In the Constitution, there is no emphasis on the national security, the new duty of national defense, and the duty of national defense given to the people.
If there is no existence of the nation, the foundation of guaranteeing fundamental rights will collapse.
The duty of military service specified in the duty of national defense shall be faithfully performed, and the military administration shall also be fairly and strictly executed.
Inasmuch as the Constitution guarantees the freedom of conscience, such value should not be neglected.
Therefore, conscientious.