The defendant's appeal is dismissed.

1. The gist of the grounds for appeal (misunderstanding of legal principles) is that the Defendant, as the believers of D religious organizations, refused to enlist in the military according to conscience formed on the basis of religious belief, and such conscientious objection is based on Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (hereinafter “International Covenant on Civil and Political Rights”). As such, the Defendant’s refusal to enlist in the military constitutes “justifiable cause” under Article 88(1) of the Military Service Act that provides for exceptions to punishment of those who evade enlistment.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out within the scope that enables a common life with others within a State community and does not endanger other constitutional values and the legal order of the State is a fundamental limitation of the exercise of all fundamental rights, including the freedom of conscience. Thus, in a case where there exists a constitutional legal interest to justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

In this regard, Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen. If the national security is not ensured because the duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests. Even if the freedom of conscience is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it is a justifiable restriction permitted under the Constitution (see Supreme Court Decision 2004Do2965, Jul. 15, 2004, etc.). “International Covenant on Civil and Political Rights” to which Korea is a member of the Republic of Korea.