The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

1. The summary of the grounds for appeal (definite or misunderstanding of legal principles) is C believers who refuses to enlist in the military according to religious conscience, and there is a justifiable reason under Article 88(1) of the Military Service Act.

2. A summary of the facts charged: (a) the Defendant, at the Defendant’s office around May 24, 2016, failed to enlist for three days from the date of enlistment without justifiable grounds despite the receipt of the enlistment notice at the time of delivery of the enlistment notice at the 8th Army’s office of July 5, 2016.

3. The lower court found the Defendant guilty on the charges on the ground that the Defendant’s refusal to enlist according to one’s religious conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

4. Judgment of the court below

A. In determining whether there exists a “justifiable cause” under Article 88(1) of the Military Service Act, the purpose and function of the Military Service Act, the position in which the performance of the duty of military service is held by the overall legal order including the Constitution, social reality, and changing the times, as well as the specific and individual circumstances facing the Defendant should be considered.

Military service objection and so-called conscientious objection mean refusing to perform the duty of military service accompanied by military training or arms on the ground of conscientious decisions based on conscience established in religious, ethical, moral, philosophical or similar motives.

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 ought to be deemed as constituting “justifiable cause” under Article 88(1) of the Military Service Act.

At this time, the genuine conscience is devout, firm, and sincere.