The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: (a) conscientious objection is guaranteed by Article 18 of the International Covenant on the Freedom of conscience and Civil and Political Rights under the Constitution; (b) the Defendant’s refusal to enlist in the military according to a religious conscience as a D religious organization constitutes a case where there exists “justifiable cause” under Article 88(1) of the Military Service Act; and (c) as the Defendant wishes to substitute for military service, there exists intention to evade military service of the Defendant.

shall not be deemed to exist.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. As to the assertion that “ conscientious objection” constitutes “justifiable cause”, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, was prepared to embody the most fundamental citizen’s duty of national defense, and it is clear that the dignity and value as human beings cannot be guaranteed if the State’s security is not ensured because such duty of military service is not fulfilled properly.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the defendant's freedom of conscience is a superior value to the above constitutional legal interests.

As a result, even if the freedom of conscience of a defendant is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it shall be a legitimate restriction permitted under the Constitution (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004). (ii) Article 18 of the International Covenant on Civil and Political Rights provides that the same contents as that of the freedom of conscience under Article 19 of the Constitution and the scope of protection of fundamental rights guaranteed by the interpretation of the freedom of religion under Article 20, and exceptional provisions under Article 88 of the Military Service Act.