The judgment of the court below is reversed.

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

【Reasons for Appeal】

1. The summary of the grounds for appeal is that the defendant's refusal to enlist in the military according to his religious conscience constitutes a case where justifiable grounds exist under Article 88 (1) of the Military Service Act, but the judgment of the court below which found the defendant guilty of the facts charged without removing it, is in violation of the above provision which affected the conclusion of the judgment.

2. Determination

A. If conscientious objection is based on a genuine conscience under Article 88(1) of the Military Service Act, such conscientious objection constitutes “justifiable cause” under Article 88(1) of the same Act (see Supreme Court Decision 2016Do10912, Nov. 1, 2018). 2) Here, conscience as referred to in Article 88(1) of the same Act is devout, firm, and sincere.

The belief is deep that it is a depth of a person's inner sense and it affects all his thoughts and actions.

The whole of life, which is not a part of the life, must be under the influence of its belief.

The belief that it is firm means that it is not flexible or variable.

Although it is not necessarily a fixed change, the belief has a clear substance, and it should not be easily changed as it is.

It means that the belief that it is true is not false, nor is it compromise or strategic according to circumstances.

Even if the conscientious objectors have a de facto and firm belief, if they act differently according to circumstances in relation to such belief, such belief cannot be deemed to be true.

(Supreme Court Decision 2016Do10912 Decided November 1, 2018). As to the assertion of conscientious objection based on a religious belief 3, the specific doctrine of religion is different, whether such doctrine orders conscientious objection is actually being ordered, whether such religion refuses military service on the ground of conscience, whether such religion recognizes the Defendant as a religious belief, and the Defendant is familiar with and thoroughly followed.