The appeal is dismissed.

The grounds of appeal are examined.

The duty of military service is ultimately to ensure the dignity and value of all citizens as human beings, and the freedom of conscience can not be regarded as superior value without any restriction.

Therefore, the State’s criminal punishment of conscientious objectors in accordance with the reasonable legislative discretion violates the Constitution Article 10, Article 19, and Article 37(2) of the Constitution, thereby unfairly infringing on the freedom of conscience.

There is no violation of Article 6(1) of the Constitution or Article 18 of the International Covenant on Civil and Political Rights.

In addition, such objection does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do7941, Dec. 27, 2007). The allegation in the grounds of appeal inconsistent therewith is unacceptable.

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