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

1. The Defendant is a person who serves as a social service personnel in Daegu C.

Social service personnel shall not receive warnings of at least eight times in total, including those who attend work after the start of work, leave from work without permission, or leave the place of work without justifiable grounds.

Nevertheless, the Defendant, without good cause, was subject to a disposition of total eight times of attendance at work on October 11, 2016, ② attendance at work on December 9, 2016; ③ attendance at work on December 26, 2016; ④ attendance at work on December 30, 2016; ⑤ without permission on May 31, 2017; ⑤ Work at work on August 10, 2017; ② Work at work after the start of work on August 28, 2017; ③ Work at work after the start of work on January 18, 2018.

2. Determination

A. Article 89-2 Subparag. 1 of the Military Service Act provides that “Any person who deserts from office or fails to serve in the pertinent field for at least eight days in total without justifiable grounds shall be punished by imprisonment with prison labor for not more than three years.” Here, the term “justifiable cause” refers to a cause for justifying the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., a cause that is not attributable to the person who left office, such as illness, (see, e.g., Supreme Court Decision 2014Do5132, Jun. 26, 2014). The same applies to “justifiable cause” under Article 89-3 Subparag. 2 of the Military Service Act.

B. The assertion and the judgment of the defendant and the defense counsel have justifiable grounds since the defendant's violation of duty of service was caused by metrick.

It is so argued.

According to the evidence duly adopted and examined by this Court, the following facts are recognized:

1) The Defendant was diagnosed to the effect that the Defendant, as a patient with merat, may produce symptoms several times a year, and the disease was treated as a patient from around 2011 to around 2017.

2) The Defendant on December 2016.