The defendant's appeal is dismissed.

1. The gist of the grounds for appeal was that the Defendant, as the believers of E religious organizations, refused to enlist according to religious conscience.

Such conscientious objection is derived from the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution. “Justifiable cause” under Article 88(1) of the Military Service Act includes conscientious objection based on the foregoing religious belief.

Therefore, although the defendant's refusal to enlist in the military does not constitute a crime for "justifiable cause" under Article 88 (1) of the Military Service Act, the court below erred by misapprehending the legal principles by finding the defendant guilty of the facts charged in this case, or by violating the statutes and regulations,

2. "Justifiable reason" under Article 88 (1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of the performance thereof, but it shall be deemed that there is a justifiable reason to refuse the performance of military service on the ground that the non-performance of military service, such as illness, can justify the non-performance of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., that is, a reason not attributable to the non-performance of the duty of military service. However, even in a case where the right of refusal is guaranteed by the Constitution of the Republic of Korea, and the right of refusal is recognized as having superior constitutional value to fulfill the legislative purpose of the above legal provision, if punishment is imposed by the application of Article 88 (1) of the Military Service Act, it would result in undue infringement of his constitutional right. Thus, it is reasonable

However, Article 88 (1) of the Military Service Act is established to specify the duty of national defense of the most fundamental citizen, and military service ultimately guarantees the dignity and value of all citizens as human beings.