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대법원 2014.12.24 2014도14042

The appeal is dismissed.


The grounds of appeal are examined.

As to the so-called conscientious objection, the Constitutional Court rendered a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court ruled that conscientious objection according to conscience does not constitute “justifiable cause” as provided for the exception to punishment under the above provision. The right that conscientious objection pursuant to conscience does not derive from the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a party, and that even if the United Nations Commission on the Rights of Freedom proposed recommendations, this does not have any legal binding force.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, Supreme Court Decision 2007Do8187 Decided November 29, 2007, etc.). The allegation in the grounds of appeal is inconsistent with the above decision of the Constitutional Court and the purport of the decision of the Supreme Court, and cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.