The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal follows the freedom of conscience and religion as stipulated in Article 18 of the International Covenant on Civil and Political Rights of the United Nations and Articles 19 and 20 of the Constitution that the defendant refused to enlist in active service. Therefore, it is reasonable to deem that there exists “justifiable cause” as stipulated in Article 88(1) of the Military Service Act that the defendant refused to enlist in active service.

Nevertheless, the lower court erred by misapprehending the legal doctrine.

2. A person subject to enlistment in active duty service should receive a written notice of enlistment in active duty service and should not enlist within three (3) days from the date of enlistment without good cause.

The Defendant, as a person subject to enlistment in active service on October 25, 2017, received a written notice of enlistment in the military training center in the name of the head of the Military Affairs Administration of North Korea, and did not enlist within three days from the date of enlistment, without justifiable grounds, from the Defendant’s house located in Nam-si, Namwon-si, Seoul to November 27, 2017.

3. Determination

A. The lower court’s judgment did not have “justifiable cause” as prescribed by Article 88(1) of the Military Service Act that the Defendant’s refusal to enlist in active service on the grounds of religious doctrine as a witness of the Republic of Korea.

In view of the facts charged of this case, the charges of this case were convicted.

B. (1) The so-called conscientious objection according to the conscience of the relevant legal doctrine and the so-called conscientious objection refers to refusing to perform the duty of military service accompanied by arms or military training on the ground of conscientious decision formed in religious moral philosophy or other similar motives.

Article 88 (1) of the Military Service Act shall be punished by imprisonment with prison labor for not more than three years, with respect to refusal of enlistment in active service.

In the Constitution, the security of the state, the new duty of national defense, and the duty of national defense given to the people are not always emphasized.

If there is no existence of the nation, the foundation of guaranteeing fundamental rights will collapse.

c. national defense;