The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant refused to enlist in the active duty service in the instant case, but this is a new witness of women and children, who refuses to enlist in the military according to that religious conscience.

Such religious conscience refusal is the right derived from Article 18 of the International Covenant on the Freedom of conscience guaranteed by the Constitution and the Civil and Political Rights incorporated by domestic law under Article 6(1) of the Constitution (hereinafter “Rules on Freedom of Freedom”). In light of the recent decision of the United Nations Commission on Freedom of Freedom, the attitude of the European Court on Human Rights, etc., “justifiable cause” under Article 88(1) of the Military Service Act should be interpreted as including conscientious objection based on a religious belief.

Therefore, although the defendant's refusal to enlist in the military constitutes "justifiable cause" under Article 88 (1) of the Military Service Act and does not constitute a crime, the court below erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Article 19 of the relevant legal doctrine provides that “All citizens shall enjoy the freedom of conscience.” From among the freedom of conscience under the Constitution, the freedom of conscience formation held in the inner trial cannot be restricted to what is, and thus, absolute protection is the subject of absolute protection. On the other hand, the freedom of conscience realization in the stage where the formed conscience externally expressed and realized is a relative freedom and may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. However, one of the duty of national defense as referred to in Article 39(1) of the Constitution, one of the duty of national defense as referred to in Article 39(1) of the Constitution, ultimately, is to guarantee the dignity and value of all citizens as a human being, and thus, if the freedom of conscience realization conflicts with such duty of military service, the freedom of conscience realization may be restricted by law.