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

1. The Defendant in active duty service is a person subject to enlistment in active duty service.

On September 29, 2017, the Defendant did not, without justifiable grounds, enlist in the Army Training Center in the territory of the head of the Incheon Military Manpower Branch Office, which was located in the city of Seosan on October 16, 2017, after receiving a notice of enlistment in the active duty service under the name of the head of the Incheon Military Manpower Branch Office.

2. Determination:

A. The so-called conscientious objection and so-called conscientious objection according to relevant legal doctrine and conscience refer to refusing to perform the duty of military service accompanied by gathering guns or military training on the grounds of conscientious decision formed in religious, ethical, philosophical, or other similar motives.

It is not reasonable in light of the constitutional system of guaranteeing fundamental rights, including the freedom of conscience, and the overall legal order, and also violates the spirit of free democracy such as tolerance and tolerance of minority objectors.

Therefore, if a genuine conscience is to be conscientious objection, such objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2016Do10912 Decided November 1, 2018).B.

Examining the following circumstances acknowledged by the evidence duly admitted and investigated by the court in light of the aforementioned legal principles, conscience, as the believers of a religious organization, for which the Defendant is unable to perform his duty of military service according to a religious doctrine, is devout, firm, true, and genuine conscience. Therefore, it is reasonable to deem that the Defendant’s refusal to enlist in active duty service has justifiable grounds under Article 88(1) of the Military Service Act.

(1) All parents of the defendant were active as the believers of a D religious organization, and the defendant was involved in the assembly of a D religious organization from the time when he/she turns up with his/her parents, while engaging in volunteer activities.