Whether or not a person who deserts from his service after May 17, 1961 loses his status as an active duty serviceman during the period of his renunciation.

After May 17, 1961, a person who deserts from the military service does not lose his status as an active duty serviceman during his escape period, and thus, the "self-denunciation Order" by the Army Chief of Staff of the Army of January 26, 1967 is obligated to comply with this order, and the above order is a legitimate order under this Article.

Article 47 of the Military Criminal Act

Defendant

Military prosecutor;

The Army of the first instance, the Army of the second instance, the High Army of the second instance, etc., and the High Military Port 1081 delivered on January 26, 1968

The original judgment shall be reversed, and

The case shall be remanded to the Army, High School, and Military Council.

The prosecutor's grounds of appeal are examined.

According to the provisions of Article 26 of the Military Service Act, Article 30 of the Addenda to the same Act, and Articles 1 and 2 of the Service Regulations, a person who was discharged from active duty service after May 17, 1961 does not lose his status as an active duty serviceman during the period of secession. According to the original judgment, the court below acknowledged the fact that the defendant, who was an active duty soldier, was absent from military duty after the above date. However, when the Army Chief of Staff of the Army, which is a problem in this case, issued the order to the effect that the order was promulgated between February 1, 1967 and February 28, 1967, the court below held that the defendant had no duty to comply with the above order, and that the defendant is not obligated to receive the order under Article 7 of the Military Criminal Act. However, the court below erred in the misapprehension of legal principles as to the status of the active duty soldier, in light of the legal principles as to the defendant and the defendant's duty to receive the order under Article 47 of the Military Criminal Act.

In doing so, the original judgment shall be reversed, and the case shall be remanded to the Army, High School, and High School, which is the original judgment, and it is so decided as per Disposition.

This decision is consistent with the opinions of the involved judges.

The presiding judge of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Justice)