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. The summary of the grounds for appeal is D faith and refuses to enlist in the military according to that religious conscience, and there is a justifiable reason under Article 88(1) of the Military Service Act.
Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. The summary of the facts charged is a person subject to enlistment in active duty service.
The Defendant, at around May 4, 2017, received a notice of enlistment in active duty service in the 39th Army Training Center in the territory of the director of the regional military manpower office of Gwangjunam-gun on June 13, 2017 from the residence of the Defendant, the Defendant did not, without justifiable grounds, enlist in the military by June 16, 2017, three days after the date of enlistment, on the ground that he violated the doctrine of gender lessons taught by the Defendant to be enlisted in the military service in the name of the head of the regional military manpower office of Jeonnam-gun-gun Office of Gwangju-gun on June 13, 2017.
3. Determination
A. The lower court found the Defendant guilty of the instant facts charged on the ground that the refusal of enlistment on active duty based on a religious conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.
B. 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 military service accompanied by arms or military training on the ground of conscientious decision formed in religious, ethical, moral, 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.