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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Summary of the grounds for appeal: The defendant, as a believers religious organization, refuses to enlist in the military according to his religious conscience, constitutes justifiable grounds under Article 88(1) of the Military Service Act.
Nevertheless, the court below found the Defendant guilty of the facts charged on a different premise, and the court below erred by misapprehending the legal principles.
2. The summary of the facts charged was notified by the head of the Daejeon District Military Manpower Office around November 6, 2014 to enlistment in the active duty service at the Army Training Center located in Masan-si, Masan-si around December 8, 2014, and the Defendant did not enlist within three days from the date of enlistment without justifiable grounds.
3. Determination
A. Relevant legal doctrine (see, e.g., Supreme Court en banc Decision 2016Do10912, Nov. 1, 2018) (see, e.g., Supreme Court en banc Decision 2016Do10912, Nov. 1, 2018)) refuses to perform the duty of military service involving participation in military training and bearing arms on the grounds of conscientious decision based on religious, ethical, moral, philosophical, or any other similar motive. If conscientious
Here, conscience as referred to in this article is devout, firm, and true.
The belief deep means that it is a depth of a person's inner sense and it affects all his thoughts and actions.
The whole of life, which is not a part of the life, must be under the influence of its belief.
The belief that it is firm means that it is not flexible or variable.
Although it is not necessarily a fixed change, the belief has a clear substance, and it should not be easily changed as it is.
It means that the belief that it is true is not false, but is neither compromise nor strategic depending on circumstances.
Even if the conscientious objector has a devout and firm belief, it is in accordance with the situation in relation to that belief.