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 that the defendant is the believers of a religious organization B and refuses to enlist in the army according to his religious conscience and that there is a justifiable reason under Article 88 (1) of the Military Service Act;

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

2. Determination

A. The summary of the facts charged in the instant case is the believers of religious organizations B, subject to enlistment in active duty service.

On October 28, 2017, the Defendant was given a notice of enlistment in the military service under the name of the head of the Gyeonggi-gu Military Manpower Branch Office for the Gyeonggi-do Branch of Military Manpower Branch on December 12, 2017 at the Defendant’s house located in Gyeonggi-gu C Apartment and D, and the Defendant’s house located in the Gyeonggi-gu Branch of Military Manpower Branch Office on December 12, 2017, but did not enlistment for the period of three days from the date

B. The lower court, on the grounds indicated in its reasoning, found the Defendant’s refusal to enlist in active duty service according to religious conscience does not constitute justifiable grounds under Article 88(1) of the Military Service Act, and convicted the Defendant of the instant facts charged.

C. The so-called conscientious objection according to the relevant legal doctrine 1 as to the trial of the political party refers to refusing to perform the duty of military service involving participation in military training or arms on the ground of conscientious decision formed in religious, ethical, philosophical or other 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 deep, and its belief is deep.