The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant would use sick leave after the commencement of December 26, 2016, even though he/she could have obtained prior permission because the Defendant developed Meat Disease on December 25, 2016.

The Defendant received a warning of at least eight times in total, including the attendance at work after the start of work without justifiable grounds, early retirement from work place without permission, or leaving work place without justifiable grounds (misunderstanding of the fact that the Defendant was subject to a warning of at least eight times, inasmuch as there is no justifiable reason for notification as early retirement from work was made on May 31, 2017 due to personal reasons (misunderstanding of the fact).

A. The summary of the facts charged in this case is that the Defendant is serving as social service personnel in Daegu C, and social service personnel are not subject to a warning of at least eight times in total, including those who attend work after the start of work without justifiable grounds, or leave from work place without permission.

Nevertheless, without justifiable grounds, the Defendant was subject to a disposition of total eight times of warning to work on October 11, 2016, 2016, 3. 2. 2. 26. 26. 3. 4. 5. 5. 6. 6. 6. 6. 6. 4. 6. 6. 6. 6. 6. 6. 6. 6. 6. 8. 8. 8. 8. 10, 2017.

B. Article 89-2 Subparag. 1 of the Military Service Act provides that “Any person who, as a social service personnel, deserts from office or has not served in the pertinent field for not less than eight days in total without justifiable grounds shall be punished by imprisonment with prison labor for not more than three years.” Here, “justifiable cause” refers to a cause that may justify the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, etc. by the decision of the head of the Military Affairs Office, etc., i.e., a cause that is not attributable to the person who left office, such as a disease, etc. (see, e.g., Supreme Court Decision 2014Do5132, Jun. 26, 2014)