"Evading Military Service by Faking Depression Diagnosis"... Caught by Ex-Girlfriend's Tip [Seocho-dong Legal Story]

Seoul Regional Military Manpower Administration, 1st Military Service Physical Examination Center, Yeongdeungpo-gu, Seoul / Photo by Hyunmin Kim kimhyun81@

"When I asked, 'Isn't it hot to wear a padded jacket in the middle of summer?', the defendant laughed and said, 'According to research sites, patients with severe depression experience chills. I deliberately took out and wore the padded jacket tucked inside.'" (Witness)

Mr. A (29, male), who was rated as Grade 1 in the physical examination by the Seoul Regional Military Manpower Administration in 2012 and became subject to active duty enlistment. He kept postponing enlistment for reasons such as university admission. When he became subject to re-examination in 2017, he began to complain of symptoms such as depression, anxiety, and hallucinations while receiving treatment at the National Center for Mental Health. The following year, Mr. A obtained a depression diagnosis and medical records, was rated Grade 5 (wartime labor service), and was exempted from active duty enlistment.

The prosecution indicted Mr. A for violating the Military Service Act, alleging that he pretended to have psychiatric symptoms. This case was decisively evidenced by the report and testimony of Ms. B, who was in a romantic relationship with Mr. A from April 2017 to December 2018.

Ms. B testified to the investigative authorities and in court as follows: "The defendant was a senior DJ at the largest club in our country, and I thought that was cool, so we dated. He had a bright personality, and we got along well, but by the time he was 24 or 25, it was time to go to the military. I asked him what he was going to do about the military. The defendant said, 'I will postpone it. If I can get out, I will try to get out first.'"

According to Ms. B, Mr. A searched for depression symptoms on research sites and wore a padded jacket in the middle of summer. Regarding acquaintances saying in a KakaoTalk group chat, "Now it's hard to get military exemption through psychiatry," he mocked them by saying, "They are amateurs." Ms. B also testified, "He received about a month's supply of psychiatric medication but did not open it and just tucked it away in a corner of the kitchen."

Dr. C, a psychiatrist at the National Center for Mental Health who issued the depression diagnosis, also testified similarly. Dr. C told the investigative authorities, "Comparing the actual life during the treatment period, it appears that the defendant acted with meticulous preparation and planning," and in court, "I think the evaluation or diagnosis might have been different if I had confirmed facts I was unaware of."

Mr. A's side argued during the trial that "His mother was diagnosed and treated for Simdamheogeopjeung (a condition in traditional Korean medicine meaning weak heart and gallbladder energy causing fearfulness), which was inherited and influenced his depression." However, the oriental medicine hospital responded to an inquiry that "There is no research indicating that if the mother has Simdamheogeopjeung, the son is likely to show symptoms such as depression or anxiety."

Furthermore, after receiving the Grade 5 physical rating, Mr. A only had one psychiatric treatment session over more than two years and actively continued his DJ activities, releasing music and albums and performing until recently.

On the 10th, Judge Song Seung-hoon of the Seoul Central District Court Criminal Division 12 sentenced Mr. A to one year in prison. Judge Song stated, "Considering the constitutional duty of national defense and the purpose of the Military Service Act, the defendant's guilt is very serious. It was not a one-time act but a long-term, planned offense with very bad nature. Even in this courtroom, he consistently makes unacceptable excuses and shows no remorse." Mr. A appealed the first trial verdict.