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

1. The summary of the facts charged is that the Defendant is subject to enlistment in active service, and was sent by e-mail from the Defendant’s office located in Chungcheongnam-gun B around October 30, 2017, and did not enlist in the active duty service without justifiable grounds by the date three days have elapsed from the date of enlistment, upon receipt of a notice of enlistment in active duty service under the name of the director of the regional military manpower office in the name of the Chungcheong-gun Military Manpower Office to the effect that the Defendant is “be enlisted in the 37th E-mail Military Education Team located in Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.”

2. Determination

A. The relevant legal doctrine on conscientious objection refuses to perform military training and bearing arms on the ground of conscientious decisions based on conscience established in religious, ethical, moral, and philosophical motive or similar motive. If conscientious objection is based on genuine conscience, such refusal 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 objectors have a devout and firm belief, if they act differently according to circumstances in relation to such belief, such belief cannot be deemed to be true.

In specific cases of violation of the Military Service Act, inasmuch as a defendant asserts conscientious objection, it cannot directly prove conscience within human beings, the nature of things is difficult.