The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

A. The Defendant, who infringed on the freedom of conscience, refused to enlist in active duty service as a believers of “D religious organization” in accordance with the order of conscience to protect his personal identity, and the State’s imposition of a criminal punishment by recognizing the Defendant guilty of such act without stipulating the alternative military service system is not only limited to “the freedom of not being forced to act contrary to one’s conscience decision” protected by Article 19 of the Constitution, but also violates the principle of excessive prohibition and the principle of supplement of punishment under the Constitution. Accordingly, the instant facts charged should be interpreted as falling under “justifiable cause” under Article 88(1) of the Military Service Act, which is the refusal of enlistment following the Defendant’s conscience decision.

B. Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Convention”) in which the Republic of Korea is a member of the Republic of Korea with the consent of the National Assembly on March 16, 1990, recognized the right to conscientious objection. Since the above provision has a domestic legal effect, the facts charged in the instant case is the exercise of the right to conscientious objection guaranteed by the above provision, and should be interpreted as falling under “justifiable cause” under Article 88(1) of the Military Service Act.

C. Other changes in circumstances determined that the United Nations Commission on Human Rights has a duty to relieve conscientious objectors on the ground that the government violated Article 18 of the Covenant. The National Human Rights Commission recommended that the National Committee enact a law on alternative service to harmonize the duty of national defense with the duty of national defense and the right to conscientious objection, and the European Court of Human Rights also punished conscientious objectors.