CONTENTS
- 1. The circumstances in which the charge of violating the Military Service Act was applied
- - Cases in which a violation of the Military Service Act applies
- - The punishment imposed for a violation of the Military Service Act
- 2. Proving that there was no violation of the Military Service Act
- - Emphasizing that a military service exemption for illness is not a violation of the Military Service Act
- - Emphasizing that the draft evasion raised by the Military Manpower Administration was not a fact constituting a violation of the Military Service Act
- 3. Proving with objective evidence the reasons why it was not a violation of the Military Service Act, concluding with a disposition of “no suspicion of crime”
1. The circumstances in which the charge of violating the Military Service Act was applied
Looking at the circumstances in which the charge of violating the Military Service Act was applied, the client had already received an exemption from military service due to illness, but was suddenly subjected to suspicion of draft evasion, and the charge of violating the Military Service Act was applied.
The Military Manpower Administration raised the suspicion that the client had not received hospital treatment and applied the charge of violating the Military Service Act.
However, the client had been steadily receiving hospital treatment and medication prescriptions, and the application of the charge of violating the Military Service Act was a wrongful situation for the client.
In particular, as a physician, the client faced the risk of having the medical license revoked if sentenced to imprisonment without labor or heavier.
In cases of military matters such as draft evasion, heavy sentences are imposed, so the client promptly came to Daeryun and requested a defense against the charge.
Cases in which a violation of the Military Service Act applies
The Military Manpower Administration responds strictly to draft evasion in accordance with the Military Service Act in order to fill the elite resources required by the military in a timely manner and to establish a posture for rapid mobilization of forces.
If a person refuses to fulfill military service, that person may be punished for a violation of the Military Service Act. Let us also examine the cases of failure to fulfill the military service obligation.
Failure to fulfill the military service obligation | A person who evades the military service determination examination, the re-determination examination, or the confirmation physical examination |
A person who evades conscription or call-up | |
A person who is deserting from military service, service as a social service personnel, or service as alternative service personnel |
The punishment imposed for a violation of the Military Service Act
Let us look into the punishment received upon a violation of the Military Service Act.
The sentence received for evading military service
Military Service Act Article 86 (Flight, Bodily Injury, etc.)
A person who, for the purpose of evading or being reduced or exempted from the military service obligation, flees or conceals their whereabouts, or who injures their body or uses deception, shall be punished by imprisonment with labor for not less than 1 year and not more than 5 years.
2. Proving that there was no violation of the Military Service Act
Through close consultation with the client, Daeryun formed a team of specialist attorneys composed of numerous experts with extensive experience in 🔗Military Service Act and violation of the Military Service Act cases.
The Daeryun specialist attorney team strongly argued that the client, who had received an exemption from military service in accordance with the procedures, was in a wrongful position. It then emphasized that the harm the client, a physician, would suffer if subjected to a disposition of imprisonment without labor or heavier as a result of this case would be significant.
■ According to the medical certificate, copies of medical records, and the like, the exemption from military service due to illness was confirmed to be true.
■ The client had been receiving hospital treatment due to illness and, contrary to the suspicion raised by the Military Manpower Administration, had been steadily attending the hospital up to the present.
Emphasizing that a military service exemption for illness is not a violation of the Military Service Act
The specialist attorney team stated that the client had received an exemption from military service due to illness in accordance with lawful procedures.
It then argued that this was not a violation of the Military Service Act, and raised an objection with the Military Manpower Administration, which had suddenly applied the charge of violating the Military Service Act.
Emphasizing that the draft evasion raised by the Military Manpower Administration was not a fact constituting a violation of the Military Service Act
The specialist attorney team emphasized that the draft evasion and the violation of the Military Service Act raised as issues by the Military Manpower Administration were not true.
As evidence for this, it submitted the fact that the client had received a Grade 5 determination at the military service determination examination on the ground of illness, along with a medical certificate and the like.
3. Proving with objective evidence the reasons why it was not a violation of the Military Service Act, concluding with a disposition of “no suspicion of crime”
The Military Manpower Administration accepted the arguments of the Daeryun specialist attorney and decided on a disposition of ‘no suspicion of crime’ on the charge of violating the Military Service Act.
The client told us that the sudden application of the charge by the Military Manpower Administration left the client with no choice but to be bewildered.
The client, who had been placed at risk of punishment after a charge of violating the Military Service Act was wrongfully applied, was able to receive a disposition of no suspicion of crime without difficulty as a result of responding to the case together with Daeryun.
Such a result was possible because of the specialist attorney's prompt response.
If you become caught up in a military criminal case such as a military service irregularity, we can say that the assistance of a specialist attorney is essential.
At Daeryun, we operate a 🔗National Defense and Military Group to provide stage-by-stage investigation response and defense strategies for military cases, which carry a heavier responsibility than civilian ones.
Specialist attorneys who are former military court presidents, military judges, and military prosecutors form a team to undertake case responses tailored to each client, so if you need assistance, please make use of the legal services of the National Defense and Military Group of Daeryun LLC (Limited).
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
