병역법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On March 30, 2017, the Defendant: (a) received a notice of call-up to social work personnel service in the name of the director general of the regional military manpower office in Gwangju Nam-gun, and (b) received, on May 8, 2017, a notice from the mother C to enlist in the office of the Defendant’s house located in Young-gun, Young-gun; (c) but did not enlist without justifiable grounds until three days after the call-up
2. Determination of facts charged
A. The relevant legal doctrine should not impose sanctions, such as criminal punishment, against a person who fails to perform military service accompanied by arms and military training on the ground of conscience formed inside his/her own.
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 conscientious objection, such objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
Here, conscience as referred to in this article is devout, firm, and true.
The belief deep means that it is a depth of a person's inner sense and it affects all his thoughts and actions.
The whole of life, which is not a part of the life, must be under the influence of its belief.
The belief that it is firm means that it is not flexible or variable.
Although it is not necessarily a fixed change, the belief has a clear substance, and it should not be easily changed as it is.
It means that the belief that it is true is not false, but is neither compromise nor strategic depending on circumstances.
Even if the conscientious objector has a devout and firm belief, it is in accordance with the situation in relation to that belief.