TITLE	[Violation of the Military Service Act]Supreme Court Full Bench Decision 2004Do2965 Delivered on July 15, 2004 [full Text]
Summary
[1] The meaning of a ""justifiable cause"" under Article 88(1) of the Military Service Act, a punishment provision for evasion of enlistment [2] The scope of protection and the nature of the freedom of conscience under Article 19 of the Constitution [3] Whether the freedom of conscience under Article 19 of the Constitution is a relative one which can be restricted by law pursuant to Article 37(2) of the Constitution (affirmative) [4] Whether the freedom of conscience of a conscientious objector outweighs the constitutional duty of national defense (negative) [5] Whether Article 88(1) of the Military Service Act, which does not provide a special rule creating an alternative military service system for a conscientious or religious objectors, violates the principle prohibiting excessiveness (negative) [6] Whether a lawful act opposing one's own decision, based on conscience, can be expected from a conscientious objector (affirmative)

Prev	[Affirmation of Nullification of Reconsideration]Supreme Court Decision 2003Chu44 Delivered on July 22, 2004
Next	[Revocation of Disposition to Dishonor Claim for Pension Payment]Supreme Court Decision 2004Du244 Delivered on July 8, 2004