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

Punishment of the crime

The Defendant is a person in active duty service.

The Defendant, at around January 12, 2018, received a muster notice under the name of the director of the regional military manpower office in the Gyeong-gu regional military manpower office, stating that he will be enlisted in the army according to the 37th group of Haak-gun, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, from the Defendant’s residence located in Gyeongcheon-si B apartment C, by February 20, 2018, but did not enter the army within three days without justifiable grounds.

Maz.

1. conscientious objection and “justifiable cause” under Article 88(1) of the Military Service Act

(a) No sanctions, such as criminal punishment, shall be imposed on a person who fails to perform military duty accompanying military training and arms on the ground of conscience formed at his/her inside and outside.

It is not reasonable in light of the fundamental rights guarantee system and the overall legal order, including the freedom of conscience, to uniformly compel conscientious objectors to perform the duty of military service and impose sanctions such as criminal punishment against non-performance of the duty of military service, and also violates the spirit of free democracy such as tolerance and tolerance of the minority.

Therefore, if a genuine conscience is conscientious objection, such objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

B. It is an important issue to examine and determine conscientious objection that can be recognized as justifiable grounds.

Here, conscience as referred to in this article is devout, firm, and true.

The belief deep means 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 is false that the belief is true.