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(영문) 의정부지방법원 2017.11.14 2017고단3631
병역법위반
Text

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

Reasons

1. The summary of the facts charged is a person subject to call-up of social service personnel.

On June 29, 2017, the Defendant received a notice of convening a call-up of social service personnel under the name of the head of the Military Affairs Administration of the Gyeonggi-do, to comply with the call-up of the Army Training Center as social service personnel on July 13, 2017 from his own house located in B Apartment-si, Namyang-si.

However, the Defendant did not respond to the call without justifiable grounds for his religion to the lapse of three days from the date of the call.

2. Determination:

A. According to the evidence duly admitted, the following facts are recognized.

1) At the time of the Defendant’s birth, D’s father E and mother began religious life with F’s India, and on January 22, 201, the Defendant was in her religious life in G.

2) On June 29, 2017, the Defendant received a notice of call for military education of social service personnel to enlist in the Army Training Center on July 13, 2017 from the head of the Military Affairs Branch Office of Gyeonggi-do, which was sent to the Army Training Center.

At that time, the defendant shall not call military education according to religious faith as D to the head of the Military Affairs Branch Office of Gyeonggi-do.

“Before submitting a written confirmation of the church that proves D along with the comments to the purport of “.”

3) The Defendant cannot respond to a call for military education of social service personnel, including collective training, according to his religious conscience, and if the alternative service system is introduced, he will comply with it.

B. According to the above facts established under Article 88(1) of the Military Service Act, the Defendant is determined to have failed to respond to the call according to the religious conscience decision absolutely advanced. Such conscientious objection is included in the “justifiable cause” under Article 88(1) of the Military Service Act.

The reasons are as follows (see, e.g., Supreme Court Decision 2015No 1181, Oct. 18, 2016). Articles 19 and 20 of the Constitution of the Republic of Korea are as follows: “All citizens have freedom of conscience and religion.”

“A conscience and religion, with the term “assumed.”

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