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

1. Even though the Defendant in the factory office was delivered a written enlistment notice under the name of the director of the Incheon Regional Military Manpower Office to be enlisted at the 50-sapons around October 27, 2016 in Ansan-si building B and subparagraph C of the same paragraph, which is a residential area, around November 29, 2016, by the head of the Incheon Regional Military Manpower Office, he did not enlist within three days from the date of enlistment without justifiable grounds.

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 that the Defendant is unable to perform his duty of military service as an E religious organization’s believers is 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 under Article 88(1) of the Military Service Act.

① The mother of the Defendant was active as a believers of a religious organization, and the Defendant, under the influence of the mother, participated in a meeting of a religious organization with her mother, and participated in her sexual intercourse and volunteer service.