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

1. The summary of the facts charged is that the Defendant directly received a notice of full-time reserve enlistment in the name of the head of the Busan Regional Military Affairs Administration in order to enlist in the military according to the 53 association new illness training in the Dong-gu Busan Metropolitan Government on November 8, 2016, and on December 20, 2016, the Defendant did not enlist until the expiration of three days from the date of enlistment without justifiable grounds, even though he received a notice of full-time reserve enlistment in the name of the head of the Busan Regional Military Affairs Administration.

2. The gist of the Defendant’s assertion is “D Religious Organization” and the Defendant refused to enlist in the military according to a religious conscience that is not permitted to practice a war or participate in combat. The Defendant’s act is an exercise of the right to conscientious objection based on the freedom of conscience under the Constitution.

Therefore, the defendant's "justifiable cause" under Article 88 (1) of the Military Service Act is recognized.

3. Article 88(1) of the Military Service Act imposes punishment on a person who evades military service without justifiable grounds. The Defendant asserts that the refusal of military service on the ground of a religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act to protect his religious conscience.

Therefore, the key issue of the instant case is: (a) whether conscientious objection based on a religious conscience is included in “justifiable cause” as prescribed by the Military Service Act (i.e., the meaning of “justifiable cause”); and (b) whether a religious conscience is recognized as claimed by the Defendant.

4. ‘The constitutional meaning and interpretation of ‘justifiable cause'

A. Article 88(1) of the Military Service Act’s constitutional meaning of “justifiable cause” under Article 88(1) provides that a person who fails to comply with a request for enlistment in active duty service or call-up notice may be subject to criminal punishment in the event that there is a justifiable reason for refusing to call-up despite being given a notice of enlistment in active duty service and call-up notice may be subject to criminal punishment. This is the reason for refusal by a person refusing enlistment or call-up.