The judgment of the court below is reversed.

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

1. The abstract of the grounds for appeal is the Eth new case and the defendant refuses to enlist in the military according to his religious conscience and has justifiable grounds under Article 88(1) of the Military Service Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. The summary of the facts charged, upon receipt of the notice of convening the active duty serviceman, shall comply with it within three days from the call-up of the active duty serviceman.

Nevertheless, the Defendant, at around 14:10 on May 8, 2017, issued a muster notice under the name of the director of the Daejeon District Military Manpower Office at the Daejeon District Military Manpower Office at around 14:10 on June 12, 2017, to convene according to the education for the new illness of the 17th Team, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and the Defendant did not comply with it without justifiable grounds, within three days from the date of call.

3. Determination

A. The lower court found the Defendant guilty of the instant facts charged on the ground that the refusal of enlistment on active duty based on a religious conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

B. In determining whether there exists “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, not only the purpose and function of the Military Service Act, the location where the performance of the duty of military service has been carried out in the overall legal order including the Constitution, the social reality and the change of the times, etc., but also the specific and individual circumstances that the Defendant is faced

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 a fundamental right under the Constitution, including the freedom of conscience, to uniformly compel conscientious objectors to perform the duty of military service and punish conscientious objectors against their non-performance.