The appeal is dismissed.

The grounds of appeal are examined.

With respect to the so-called conscientious objection, the Constitutional Court rendered a decision 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; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception to punishment under the above provision. The right that conscientious objectors are exempt from the application of the above provision even from the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea is a member of the Republic of Korea, and presented recommendations by the United Nations Commission on Freedom of Civil and Political Rights.

Even if this does not have any legal binding force, it has been ruled (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 against the above Constitutional Court decision and the purport of the Supreme Court decision, and thus, 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.