The judgment of the court below is reversed.

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

1. The gist of the grounds for appeal is that the defendant, as Eindo, refuses to enlist according to a religious conscience, there is a justifiable reason under Article 88(1) of the Military Service Act.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of legal principles as to justifiable grounds, or in the misapprehension of legal principles, which affected the conclusion

2. The summary of the facts charged is a person subject to enlistment in active duty service.

The Defendant, at around July 21, 2017, sent a written notice of enlistment under the name of the director of the regional military manpower office, which is the Superintendent of the Gyeong-si Military Manpower Office, to enlistment in the active duty service of the 5th Army as of August 22, 2017, at the residence of the Defendant of the 55th Army at Osan-si, the Defendant failed to enlist without justifiable grounds, within three days from

3. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant’s refusal to serve in the military according to conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

4. Judgment of the court below

A. The so-called conscientious objection and so-called conscientious objection mean refusing to perform the duty of military service involving participation in military training or arms on the grounds of conscientious decision formed in religious, ethical, moral, philosophical or other similar motives.

Article 88(1) of the Military Service Act provides that a person shall be punished by imprisonment with prison labor for not more than three years for refusal of enlistment in active service.

In the Constitution, there is no emphasis on the national security, the new duty of national defense, and the duty of national defense given to the people.

If there is no existence of the nation, the foundation of guaranteeing fundamental rights will collapse.

The duty of military service specified in the duty of national defense shall be faithfully performed, and the military administration shall also be fairly and strictly executed.

Inasmuch as the Constitution guarantees the freedom of conscience, such value should not be neglected.

Therefore, conscientious.