(영문) 대법원 2013.6.27.선고 2013도4995 판결

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; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court ruled that conscientious objection based on conscience does not constitute "justifiable cause" as a ground for exception to punishment under the above provision, and that the right to be exempt from the application of the above provision is not derived from the provision of Article 18 of the International Covenant on Civil and Political Rights in which Korea is a member of the Republic of Korea, and presented recommendations to the UN Commission on Freedom of Civil Service (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do879, Aug. 17, 2007).

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