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

1. The summary of the facts charged is “Arhovah’s Witness” and is a person subject to enlistment in active duty service.

On June 28, 2017, the Defendant received, from the Defendant’s house located in B, on August 22, 2017, a written notice of enlistment in the name of the director of the regional military manpower office in Gwangju-nam District Office to enlist in the 31st group located in the Northern-dong, Gwangju-gu, Gwangju-do, by e-mail, and did not, without justifiable grounds, enlist within three days from the date of enlistment

2. Determination

A. conscientious objection and so-called conscientious objection pursuant to relevant legal doctrine and conscience refer to refusing to perform military service involving arms or training on the grounds of conscientious decision based on a religious, ethical, moral, philosophical, or other similar motive formed.

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.

Inasmuch as the Constitution guarantees the freedom of conscience, such value should not be neglected.

Therefore, the issue of permitting conscientious objection is the conflict and coordination between fundamental rights such as the freedom of conscience under Article 19 of the Constitution and the duty of national defense under Article 39 of the Constitution.

However, the restriction on the freedom of conscience realization by passive omission may be an excessive restriction on the freedom of conscience or a threat to essential contents.

conscientious objection constitutes the realization of conscience by such passive omission.

conscientious objectors do not deny the duty of national defense under the Constitution itself.

However, the duty of national defense is specified.