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

A. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to imprisonment with prison labor for a year and six months.

B. Although the Defendant filed an appeal against the lower judgment on the grounds of misapprehending the legal doctrine, this court rendered a judgment dismissing the Defendant’s appeal on the grounds that the refusal to enlist in the military according to religious conscience does not constitute justifiable grounds under Article 88(1) of the Military Service Act, and that the right to conscientious objection should not be guaranteed pursuant to Article 19 of the Constitution, Article 18 of the International Covenant on Civil and Political Rights, etc.

C. The Defendant filed an appeal against the above judgment on the grounds of misapprehending the legal principles, and the Supreme Court reversed the judgment of this court prior to remand, and remanded the instant case to the Appellate Division on the grounds that “The lower court erred by misapprehending the legal principles on “justifiable cause” as stipulated in Article 88(1) of the Military Service Act, thereby failing to exhaust all necessary deliberations, thereby adversely affecting the conclusion of the judgment.

2. The summary of the grounds for appeal is D faith and refuses to enlist in the military according to religious conscience and there is a justifiable reason under Article 88(1) of the Military Service Act.

Nevertheless, the court below erred by misapprehending the legal principles that found the Defendant guilty of the facts charged of this case, thereby affecting the conclusion of the judgment.

3. Although the Defendant received a written notice of enlistment in the name of the director of the Daejeon District Military Manpower Office in the name of Daejeon-gu, Seo-gu, Daejeon-gu, and the Defendant’s dwelling place around June 2, 2016, and up to July 25, 2016 to 09:00 on July 25, 2016, the Defendant failed to enlist without justifiable grounds for the period of three days from the date of enlistment.

4. The judgment of this Court

A. The relevant legal doctrine on conscientious objection is based on conscience established in religious, ethical, moral, philosophical, or other similar motives.