The defendant's appeal is dismissed.

1. The grounds for appeal (misunderstanding of the legal principles) is that the right to refuse military service is derived from the freedom of conscience, which is derived from Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Rules”), and that the United Nations Covenant on Freedom (UNCLOS) also has a duty to relieve conscientious objectors on the grounds that the Korean government violated Article 18 of the Covenant.

In addition, the European Court of Human Rights ruled that the act of conscientious objection is protected from Article 9 of the European Convention guaranteeing the freedom of thought, conscience, and religion, which is beyond the mere legal framework and functions as a standard for judgment on constitutionality beyond the mere legal framework. The defendant's act of conscientious objection is derived from the freedom of conscience under Article 18 of the Covenant and Article 19 of the Constitution. Thus, the defendant's act of conscientious objection is a right derived from the freedom of conscience under Article 88 (1) of the Military Service Act, so the defendant's act of conscientious objection constitutes "justifiable cause" under Article 88 (1) of the same Act, but the judgment of the court below which

2. We examine the judgment, Article 19 of the Constitution provides that “All citizens shall enjoy the freedom of conscience.”

As stipulated in the Constitution, 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, subject to absolute protection. On the other hand, the freedom of conscience realization in the stage where such formed conscience externally expressed and realized may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. However, the duty of military service, one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is the most basic requirement for the existence of a national community.