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

1. On July 13, 2017, the Defendant of the Notarial History was not enlisted without justifiable grounds by the date on which three days have elapsed from the date of enlistment, even though he received a notice of enlistment in active duty service under the name of the head of the Incheon Military Manpower Branch Office, which was issued by the head of the Incheon Military Manpower Branch Office.

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.

Examining the following circumstances acknowledged by the evidence duly admitted and investigated by the court in light of the aforementioned legal principles, conscience, as a religious organization believers, for which the Defendant is unable to perform his duty of military service according to a religious doctrine, is regarded as conscientious objection according to a devout, firm, true, and genuine conscience. Therefore, it is reasonable to deem that the Defendant’s refusal to enlist in active duty service has justifiable grounds as prescribed by Article 88(1) of the Military Service Act.

(1) The mother of the defendant was active as a believers religious organization’s believers, and the defendant, under the influence of the mother, participates in a meeting of a religious organization with her mother, etc. and engages in volunteer activities.