The prosecutor's appeal is dismissed.

1. Where a defendant who has the summary of the grounds for appeal is the believers of a religious organization B and fails to comply with the notice for convening a call according to his religious conscience does not constitute cases where there is a justifiable reason as prescribed by Article 88 (1) of

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion

2. Determination

A. The summary of the facts charged in this case is that the Defendant was a religious organization believers subject to call-up to social work personnel service.

On August 7, 2017, the Defendant did not comply with the call-up without justifiable grounds, even though the notice of call-up to social work personnel under the name of the superintendent of the regional military manpower office was delivered by registered mail at the Army Training Center located in Suwon-si, Suwon-si, Suwon-si on September 14, 2017.

B. On the grounds indicated in its reasoning, the lower court found the Defendant not guilty of the instant charges on the ground that the Defendant’s failure to respond to the notice of convening a call according to his religious conscience constitutes justifiable grounds under Article 88(1) of the Military Service Act

C. The so-called conscientious objection according to the relevant legal doctrine 1 as to the trial of the political party refers to refusing to perform military service accompanied by military training or arms on the ground of conscientious decision formed in religious, ethical, moral, philosophical or other similar motives.

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.

Military service in which the obligation of national defense is specified shall be faithfully.