The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The right to conscientious objection shall have the freedom of conscience for all citizens under Article 19 of the Constitution.

Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member shall have the right to enjoy freedom of thought, conscience, and religion.

This right includes freedom to own or accept religious or faith chosen by itself, or freedom to express their religious or belief by way of worship, event, and missionary work, in public or private with others.

(Paragraph 1). No person shall be forced to infringe on the freedom to hold or accept any religion or belief he or she may choose.

(2) Freedom to express one’s religion or belief is subject to restrictions provided in law and provided that it is necessary to protect public safety, order, public health, morality or the fundamental rights and freedom of others.

(3) Since the rights protected by paragraph (3)., the Defendant’s failure to comply with the enlistment in active service by exercising his right to conscientious objection as a female witness constitutes “justifiable cause” as prescribed by Article 88(1) of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013).

The sentencing of the lower court (one year and six months of imprisonment) on the basis of an unreasonable sentencing is too unreasonable.

As to the assertion of misapprehension of legal principles, the duty of military service, one of the citizens’ duty of national defense as referred to in Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a community, and ultimately, is to guarantee the dignity and value of all the people as human beings. Thus, when the freedom of conscience realization conflicts with such duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, and this is a legitimate restriction permitted under the Constitution. Thus, conscientious objection based on conscience is a legal provision