The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (legal scenario) is that the Defendant, as B, refused to enlist in the military according to one’s religious conscience, and thus, the Defendant has “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Determination

A. The summary of the facts charged is “B,” and the Defendant directly received a written notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office, stating that he/she will enlist in his/her house located in Geumcheon-gu Seoul Metropolitan Government, and from August 12, 2014 to 37, and did not enlist without justifiable grounds until August 16, 2014, for which three days have passed from the date of call.

B. 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 religious conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

C. No sanctions, such as criminal punishment, shall be imposed against a person who fails to perform military service accompanied by military training and arms on the ground of conscience formed at his/her inside of the judgment of the party.

It is not reasonable in light of the constitutional guarantee system and overall legal order, including the freedom of conscience, to uniformly enforce the performance of military service to conscientious objectors and impose sanctions such as criminal punishment against their non-performance. In addition, it also violates the spirit of free democracy, i.e., tolerance and tolerance of the minority.

Therefore, if a genuine conscience is to be conscientious objection, such objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2016Do10912 Decided November 1, 2018). Examining the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court in light of the legal doctrine as seen earlier, conscience that the Defendant is unable to perform military service according to a religious doctrine is devout, firm, and sincere and genuine conscience.