CONTENTS
- 1. Violation of the Military Service Act | Concept
- - What Is the Military Service Obligation?
- - Various Types of Persons Subject to the Military Service Obligation
- 2. Violation of the Military Service Act | Main Types of Military Service Act Violations
- 3. Violation of the Military Service Act | Level of Punishment and Response Strategies by Case
- - Penalty Levels for Violation of the Military Service Act
- 4. Violation of the Military Service Act | Actual Cases and the Courts' Standards of Judgment
- - Conscientious Objection Based on Belief: Can It Be a Justifiable Reason?
- - Weight Manipulation or a False Diagnosis Can Also Constitute a Violation of the Military Service Act
- 5. Violation of the Military Service Act | Systems for Preventing and Controlling Evaders of Military Service
- - What Is a Military Service Offender?
- - Prevention and Control Activities of the Military Manpower Administration
- 6. Violation of the Military Service Act | Practical Points on Violation of the Military Service Act
- - Preparation Methods You Can Handle on Your Own
- 7. Violation of the Military Service Act | Why a Specialized Attorney Is Needed
1. Violation of the Military Service Act | Concept
A violation of the Military Service Act refers to a person who has a military service obligation failing to fulfill that obligation by unlawful means and without justifiable grounds, thereby violating the Military Service Act.
Acts that violate the Military Service Act include the evasion of military service obligations, the submission of a false medical certificate, and the evasion of military service.
If you are not properly aware of the Military Service Act, you may be subject to strict punishment in an instant, so you should clearly understand the concept of the Military Service Act and its obligations.
What Is the Military Service Obligation?
Under the Constitution of the Republic of Korea, male citizens of the Republic of Korea have the duty of national defense and must faithfully perform their military service obligation.
The military service obligation must not be discriminated against on grounds such as race or skin color.
However, a person who has been sentenced to death, life imprisonment, or imprisonment or imprisonment without labor for not less than 6 years is removed from the military register and excluded from the military service obligation.
From January 1 of the year in which they turn 18, male citizens of the Republic of Korea are automatically enrolled in the first citizen service.
Here, first citizen service refers to a person who, as someone subject to the military service obligation, has not yet been enlisted.
In other words, it is a preliminary stage for military service management before a person is enrolled in active service, supplementary service, the reserve forces, alternative service, or the like.
Various Types of Persons Subject to the Military Service Obligation
Active service | -Active-duty soldiers |
Supplementary service | -Social service personnel |
Alternative service | -The alternative service system chosen by conscientious objectors and others |
Reserve forces and civil defense | -Enrollment in the reserve forces after discharge |
Female soldiers (nonmandatory) | -Female officers and noncommissioned officers (military service is not an obligation, but military service is possible) |
2. Violation of the Military Service Act | Main Types of Military Service Act Violations
The main types of violations of the Military Service Act are reviewed below.
1. Evasion of military service and avoidance of military service
-Failing to report for enlistment without justifiable grounds after receiving an enlistment notice
-Intentional bodily harm, unauthorized departure from the country, extreme weight control, and the like
2. Submission of a false medical certificate
-False issuance of a psychiatric certificate
-Conspiring with a hospital to exaggerate or falsely diagnose a disability or illness
3. Violation of the prohibition on leaving the country
-Departing the country without the permission of the Commissioner of the Military Manpower Administration before fulfilling the military service obligation
-The obligation to return upon exceeding the permitted period
4. Violations related to service as an industrial technical personnel or public service personnel
-Leaving the place of duty
-Violation of service regulations
-Preparation of false documents
-Misconduct and unlawful assignment
3. Violation of the Military Service Act | Level of Punishment and Response Strategies by Case
A violation of the Military Service Act is not a mere administrative violation but is subject to criminal punishment.
In particular, fleeing for the purpose of evading the military service obligation, submitting a false medical certificate, and unauthorized departure from the country may result in a sentence of imprisonment, so caution is required.
Penalty Levels for Violation of the Military Service Act
Evasion of enlistment | Imprisonment for up to 3 years |
Flight and self-inflicted bodily harm | Imprisonment for 1 to 5 years |
False incorporation into alternative service | Imprisonment for 1 to 5 years |
Service by proxy as a social service agent or similar | Imprisonment for 1 to 3 years |
Desertion of service by a social service agent or similar | Imprisonment for up to 3 years |
Violation of reserve forces alternative service duty | Imprisonment for up to 1 year, a fine of up to 10 million won, detention, or a minor fine |
Issuance of a false certificate by a public official, physician, or dentist | Imprisonment for 1 to 10 years, with a possible concurrent suspension of qualifications for up to 10 years |
Violation of the duty to obtain overseas travel permission | Imprisonment for 1 to 5 years |
4. Violation of the Military Service Act | Actual Cases and the Courts' Standards of Judgment
When a violation of the Military Service Act is established, it is in most cases punished severely, including by imprisonment.
Even so, various attempts to evade military service are detected each year.
Through actual cases of violation of the Military Service Act, we will examine the standards the courts apply.
Conscientious Objection Based on Belief: Can It Be a Justifiable Reason?
In the Republic of Korea, conscientious objection to military service is currently allowed to be fulfilled through alternative service, following the decision of the Constitutional Court and the en banc judgment of the Supreme Court.
This is because, in 2018, the Constitutional Court decided that “the provisions of the Military Service Act that failed to establish an alternative service system for conscientious objectors are unconstitutional.”
The Supreme Court found that nonviolence and antiwar belief were not merely a strategy but reflected a genuine conscience, and it acquitted the defendant charged with violation of the Military Service Act.
The en banc Supreme Court set out the following standards.
-Depth of belief: it must be an internalized belief, not a mere means of avoiding enlistment
-Firmness of belief: a consistent attitude toward life must align with the person's judgment
-Sincerity of belief: it must be supported by genuine surrounding circumstances
-Proof through indirect facts: judgment is made by considering past activities, religious life, public statements, and any criminal record as a whole
Weight Manipulation or a False Diagnosis Can Also Constitute a Violation of the Military Service Act
Violation of the Military Service Act is not limited to simply refusing or postponing enlistment.
Intentionally manipulating one's body weight or obtaining a false diagnosis of a mental disorder in order to receive a supplementary service disposition, such as that of a social service agent, may also be regarded as an attempt to evade military service and may be punished severely.
For example, if an attempt to abnormally reduce or increase body weight in order to obtain exemption from service is detected, it becomes subject to criminal punishment rather than a mere administrative violation.
A psychiatric diagnosis may likewise become subject to investigation if it involves conspiring with a specialist or submitting false materials.
5. Violation of the Military Service Act | Systems for Preventing and Controlling Evaders of Military Service
To control such conduct, the Military Manpower Administration conducts multifaceted investigations to prevent evasion of military service and to identify military service offenders.
It applies multistage sanctions against violators of the Military Service Act, including criminal punishment, disclosure of personal information, and employment restrictions.
What Is a Military Service Offender?
A military service offender refers broadly to a person who violates the military service obligations prescribed by the Military Service Act, and representative types include the following.
-Persons who evade draft and call-up-Persons who fail to comply with the call-up of social service agents and alternative service personnel
-Persons who submit a false diagnosis for the purpose of reduction or exemption of military service
-Persons who intentionally evade enlistment through flight or by going missing, among others
A military service offender faces various administrative disadvantages under the Military Service Act in addition to simple criminal punishment.
1. Disclosure of personal information
-The name, date of birth, address, and details of evasion of a person who evades military service are disclosed on the website of the Military Manpower Administration.
-The subjects are those who evade military service without justifiable reason, and the purpose is to raise public awareness of military service obligations and to deter evasion.
2. Restrictions on employment and licensed businesses
-Restrictions on hiring by public officials and public institutions
-Refusal of the acquisition and renewal of licensed businesses (patents, authorizations, registrations, permits, and the like)
-Prevention of evasion of military service by imposing social responsibility on violators and restricting their occupational activities
3. Restrictions on postponement and reduction or exemption of military service
-Military service offenders are excluded from the following programs (seafaring reserve service, art and sports personnel, research personnel, industrial technical personnel, and the like)
-Postponement of the conscription physical examination, reduction or exemption of service, and similar measures are not permitted
4. Restrictions on departure from the country and on passports
-Measures restricting departure from the country and the issuance of passports may be taken in response to failure to fulfill military service obligations
Prevention and Control Activities of the Military Manpower Administration
The Military Manpower Administration operates the following multistage response system to prevent violations of the Military Service Act and evasion of military service.
1. Organization of investigation teams and field surveys
-The Military Manpower Administration forms its own military service investigation teams to control military service offenders on an ongoing basis
-Focusing on missing persons, persons who have long failed to enlist, and the like, it investigates employment information, residence information, and similar data in cooperation with related agencies
2. Special investigation of evaders of military service
-Persons who submit a false diagnosis for the purpose of reduction or exemption of military service
-Persons who intentionally evade the physical examination, enlistment, or service call-up
-Special judicial police of the Military Manpower Administration conduct the investigation directly
3. Operation of a reporting system
-Civil affairs portal of the Military Manpower Administration
-Reporting through the Military Service Information app linked to the e-People system
-Telephone: Military Service Civil Affairs Counseling Center, 1588-9090 / the competent regional Military Manpower Administration
-Reporting persons are subject to protective measures, and reports are used as formal investigative leads.
6. Violation of the Military Service Act | Practical Points on Violation of the Military Service Act
If you face investigation or trial on charges of violating the Military Service Act, you should be familiar with the following practical points of response.
Item and Practical Points of Response
Denial of intent | Securing materials that prove the evasion of enlistment was not intentional but resulted from unavoidable reasons such as health problems or family circumstances |
Forgery of a diagnosis | Securing hospital medical records to verify whether it was false, and reviewing consistency with the timing and content of the treatment |
Suspicion of weight manipulation | Securing a medical opinion from a hospital to prove a change in dietary habits or an illness on health grounds |
Departure from the country | Submitting materials that prove the purpose and duration of departure and the reason for the delay in returning |
Establishing sincerity | Organizing the fact of voluntary surrender, a letter of reflection, and a record of cooperation with the Military Manpower Administration |
Preparation Methods You Can Handle on Your Own
We will examine how to respond to a violation of the Military Service Act on your own.
-Tips for writing a letter of reflection: express recognition of the importance of the military service obligation and a sincere attitude of reflection, and state your resolve to prevent recurrence
-Tips for writing a statement: focus on objective facts, and exclude emotional expressions, speculation, and distortion
-Collecting supporting materials: secure documents that can objectively prove circumstances making it difficult to perform military service, such as health problems or family situations
-Securing settlements and petitions: secure petitions from service-related agencies, family members, and acquaintances, and cooperation materials for the Military Manpower Administration
-Administrative response strategy: use the civil affairs portal of the Military Manpower Administration, respond in a timely manner to opportunities to explain, and secure replies to inquiries from the Military Manpower Administration
7. Violation of the Military Service Act | Why a Specialized Attorney Is Needed
In a violation of the Military Service Act, the issue is not simply whether the person failed to enlist; the legal assessment varies drastically depending on intent, the presence of a justifiable reason, and whether subsequent measures were taken.
In particular, because it can lead not only to criminal punishment but also to long-term disadvantages such as the social stigma of being an evader of military service, disclosure of personal information, and restrictions on public office and licensed businesses, it is necessary to respond strategically with the assistance of a legal professional at an early stage.
At our firm, attorneys specializing in military matters, who have substantial practical experience in cases such as violations of the Military Service Act, operate a dedicated task force solely for the client.
Daeryun Law Firm offers simultaneous response before the military and civilian courts, one-stop resolution from trial to the disciplinary committee, and prompt consultation within your garrison area without the need to travel to another region, so please reach out for assistance.
Daeryun, the ninth-largest law firm in the Republic of Korea (based on value-added tax filings with the National Tax Service in 2025), draws on its accumulated experience to assist with cases.
