병역법위반
The judgment of the court below is reversed.
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
The summary of the grounds for appeal is that the Defendant, as the believers of a religious organization B, refused to enlist in the military according to that religious conscience, and there is “justifiable cause” under Article 88(1) of the Military Service Act.
Nevertheless, the court below convicted the Defendant of the facts charged of this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
Judgment
The Defendant is a religious organization believers B.
Upon receipt of a notice of enlistment in active duty service, the defendant shall enlist within three days from the date of enlistment.
Nevertheless, on July 27, 2015, the Defendant, at the Defendant’s residence in the Seoul Central District Office C Apartment and D, failed to enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment, even though he received the written enlistment notice under the name of the director of the Seoul Central Military Manpower Office through E, in the Seoul Central District Military Manpower Office’s residence.
The lower court found the Defendant guilty of the instant charges on the grounds that the refusal of enlistment on the grounds of religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
Military service objection and so-called conscientious objection pursuant to the legal doctrine related to the judgment of the political party refers to an act of refusing to perform military service accompanied by arms or military training on the grounds of conscientious decision based on which conscientious objection is based based on a religious ethical, moral, philosophical,
It is not reasonable in light of the fundamental rights guarantee system and the overall legal order, including the freedom of conscience, to uniformly compel conscientious objectors to perform the duty of military service and impose sanctions such as criminal punishment against non-performance of the duty of military service, and also violates the spirit of free democracy such as tolerance and tolerance of the minority.
Therefore, if a genuine conscience is to be objectioned, it is stipulated in Article 88(1) of the Military Service Act.