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

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

On October 25, 2016, the Defendant received a written notice of enlistment in active duty service under the name of the director of the regional military manpower office in the name of the Chungcheongnam-do military manpower office in the Chungcheongnam-do military manpower office on December 19, 2016 from the Defendant’s house located in Jincheon-gun B apartment and C, and on December 19, 2016, the Defendant failed to enlist even after a period of three days from the date of enlistment, without justifiable grounds, despite being served with the same written notice on October 28, 2016.

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.

In accordance with the record, ① the parents of the Defendant are the believers of a D religious organization, and the Defendant was sexual intercourse and was engaged in volunteer activities under the influence of the parents from his birth. On August 18, 2012, the Defendant was sexual intercourse and lives according to religion up to now. ② The Defendant is enrolled in D religious organization E, his father appears to have been sentenced to imprisonment by refusing to perform his duty of enlistment in active duty service as a believers and as a believers of D religious organization, and ③ the Defendant is subject to all authorities in Chapter 13.