The judgment of the court below is reversed.

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

Summary of Grounds for Appeal

The Defendant, as a believers of “B religious organization”, refused to enlist in the military according to one’s religious conscience and there is a justifiable reason under Article 88(1) of the Military Service Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the finding of guilty of the facts charged of this case, thereby affecting the conclusion of the judgment.

The Defendant of the facts charged in the instant case is a person who had been engaged in religious activities with a new “B religious organization” up to the present time after having received a religious ceremony on January 15, 2011 and became a “B religious organization” and is subject to enlistment in active duty service.

The Defendant, around June 8, 2016, received a written notice of enlistment in active service under the name of the director of the Seoul Regional Military Manpower Office on July 26, 2016 at the Seoul Mapo-gu Seoul apartment and D residential area, and on July 29, 2016, but did not enlist until July 29, 2016, on the ground that it violates the doctrine of religion teachd by “B religious organization,” which the Defendant is a believers, and the righting.

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

In determining whether there exists a “justifiable cause” as prescribed by 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 has been carried out in the overall legal order including the Constitution, social reality, and changing the times, etc., as well as the specific and individual circumstances that the Defendant

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.

The performance of military service is uniformly enforced against conscientious objectors and criminal punishment is imposed against their non-performance.