The appeal is dismissed.

The grounds of appeal are examined.

With respect to the so-called conscientious objection, the Constitutional Court decided that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004). The Supreme Court does not constitute “justifiable cause” as provided for the exception to punishment under the above provision, and even from Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea, the right to be exempted from the application of the above provision is not derived, and the United Nations Commission on Freedom of Civil and Political Rights recommended the proposal.

Even if this does not have any legal binding force, it has been decided that it does not have any legal binding force.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do8187, Nov. 29, 2007). The allegation in the grounds of appeal is inconsistent with the Constitutional Court’s decision and the purport of the Supreme Court’s decision, and cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.