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

1. The summary of the facts charged is that of the religious organization B.

On September 29, 2017, the Defendant, at around December 12:58, 2017, failed to enlist within three days from the date of enlistment without justifiable grounds, even though he received the notice of enlistment in the name of the head of the former North Regional Military Manpower Administration on November 27, 2017 from the Defendant’s office, “to enlist in the Army Training Center (9 Association)” under the name of the head of the former North Regional Military Manpower Administration on November 27, 2017.

2. The defendant and his defense counsel's assertion that they did not enlist in the military as stated in the facts charged, even though they received the written notice of enlistment and did not arrive at the military within three days from the date of enlistment. However, this is based on religious conscience and thus constitutes "justifiable cause" that may refuse enlistment under Article 88 (1) 1 of the Military Service Act, and thus, the defendant and his defense counsel is not guilty.

3. Whether conscientious objection constitutes conscientious objection

A. According to the Defendant’s legal statement and evidence adopted and examined in this court, the Defendant had been engaged in religious activities B from the date of coming to the influence of the father’s parents, who are the believers of religious organization B, and had been sexual intercourse in 2010, and had been engaged in religious activities in F religious organizations thereafter, the Defendant’s family members were B, the Defendant’s family members received the enlistment notice, but did not enlist in order to refuse to perform the duty of general military service upon his belief, and the Defendant expressed his intent to perform the alternative military service system upon the implementation of the alternative military service system.

B. The conscience protected in Article 19 of the Constitution refers to the strong and genuine voice of people that one’s value of existence as a human being would be deteriorated without doing so in determining the right and wrong of any day, and that one’s conscience is imminent and specific.

And, conscience decision is an ethical decision in accordance with good and bad faith standard, which is an individual in a specific situation.