The defendant's appeal is dismissed.

1. The summary of the grounds for appeal follows the freedom of conscience protected by the Constitution, and thus, the defendant's refusal of military service according to a religious conscience constitutes a case where "justifiable cause" under Article 15 (9) 1 of the Establishment of Homeland Reserve Forces Act exists, but the court below convicted the defendant. Thus, the court below erred by misapprehending the facts.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out within the scope that enables a common life with others within a national community and does not endanger other constitutional values and the legal order of the State is a fundamental limitation of the exercise of all fundamental rights, including the freedom of conscience. Thus, in a case where there exists a constitutional legal interest to justify the restriction, the freedom of conscience realization should be deemed as a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

However, Article 15 (9) of the Establishment of Homeland Reserve Forces Act was prepared to specify the duty of national defense of the most basic citizen as well as Article 88 (1) of the Military Service Act, and if national security is not achieved because such duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the defendant's freedom of conscience is more superior to the above constitutional legal interests.

As a result, for the above constitutional legal interests, the freedom of conscience of the defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2009Do7120, Oct. 15, 2009). Therefore, the Defendant’s refusal of the training of homeland reserve forces according to religious conscience.