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

The defendant, as the believers of a religious organization B, refuses to enlist in the army 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 regarding the finding of guilty of the facts charged of this case, thereby affecting the conclusion of the judgment.

The Defendant is a person subject to enlistment in active duty service, who was committed on May 14, 201 and became a believers of a religious organization B and has been engaged in the foregoing religious activities until now.

Around November 13, 2017, the Defendant directly received a written enlistment notice to the Seoul Regional Military Manpower Office located in Yeongdeungpo-gu Seoul District Military Manpower Office 13-ro 43-gil 13, and did not enlist in the military for more than three (3) days from the date of enlistment on the ground that the military service was contrary to the Defendant’s conscience according to the doctrine of sexual intercourse. The lower court found the Defendant guilty of the instant charges on the ground that the Defendant’s refusal to enlist in the military according to his religious conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act. In determining whether there exists “justifiable cause” as prescribed by Article 88(1) of the same Act, the lower court determined that the Defendant’s refusal to enlist in the military according to his conscience does not constitute “justifiable cause” as prescribed by Article 88(1) of the same Act. The purpose and function of the Military Service Act, the location and social reality in which the performance of the military service was carried out under the overall legal order including the Constitution, and the changing of the times

Military service objection and so-called conscientious objection mean refusing to perform the duty of military service accompanied by military training or arms on the ground of conscientious decisions based on conscience established in religious, ethical, moral, philosophical or similar motives.

The Constitution, including the freedom of conscience, to uniformly enforce the performance of military service for conscientious objectors and punish conscientious objectors against their non-performance.