The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

A. The Defendant’s assertion that the Defendant constitutes “justifiable cause” under Article 15(9) of the Establishment of Homeland Reserve Forces Act is a woman and a witness, and refuses the reserve forces training according to their religious conscience. This is based on the freedom of conscience guaranteed under Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights incorporated as part of the domestic law. Thus, the Defendant’s refusal of the reserve forces training constitutes a case where there exists “justifiable cause” under Article 15(9) of the Establishment of Homeland Reserve Forces Act (hereinafter “instant legal provisions”).

B. Each act in violation of the principle of prohibition of double punishment is an act of refusal of a reserve force training according to a religious conscience of the defendant, and is the same as an act of refusal of a reserve force training already punished. As such, once again punishing each act of refusal of a reserve force training in this case violates the principle of prohibition of double punishment, a judgment of acquittal or dismissal of prosecution shall be sentenced.

2. Determination

A. Determination on the Defendant’s assertion that there is a justifiable reason should be made within the scope that the exercise of fundamental rights under the Constitution 1 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. Thus, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in cases where a constitutional legal interest exists to justify the restriction.

However, as in Article 88(1) of the Military Service Act, the legal provision of this case was prepared to specify the duty of national defense of the most fundamental citizen, and if such duty of military service is not properly fulfilled and the national security is not fulfilled, then the national security is not fulfilled.