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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant (legal scenario) was a new witness with no education and training of the reserve forces according to one’s conscience formed based on a religious belief. This is a right guaranteed pursuant to Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (Freedom of Support and Freedom of religion). As such, this constitutes “justifiable cause” under Article 15(9)1 of the Establishment of homeland Reserve Forces Act.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The prosecutor (e.g., a fine of 2.5 million won) sentenced by the lower court is deemed to be too unhued and unfair.
2. Determination
A. As to the Defendant’s assertion of misapprehension of the legal doctrine, the fact that the exercise of fundamental rights under the Constitution ought to be done within the scope that enables a common life with others within a national community and does not endanger other constitutional values and the law and order of the State is a fundamental limitation on the exercise of all fundamental rights, including
The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.
In addition, Article 15 (9) 1 of the Establishment of homeland Reserve Forces Act, which is a punishment provision for the failure to attend the education and training of the reserve forces, is recognized as one of the fundamental duties of national defense, which is the most fundamental duties of the people, and if the State's security is not guaranteed because such duty of military service is not fulfilled properly, it shall not
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 is superior to the above constitutional legal interests.