No Prison Sentences for Draft Evasion in the Past 2 Years... "Even If Caught, Just Serve in the Military and It's Over"

[Asia Economy Reporter Kim Hyung-min] A healthy man in his 20s, Mr. A, enlisted as an active-duty soldier at the Army Training Center in 2015. However, shortly after enlistment, he told a military doctor during a consultation, "I want to die." The military doctor diagnosed Mr. A with symptoms of depression and sent him home just four days after enlistment.

After returning home, Mr. A received about 10 treatments over six months at the National Mental Health Center. Each time, he complained of mental illness, saying things like "I can't sleep," "I have no motivation," and "I enlisted to escape my father's violence but was frustrated by being sent home." Clinical psychological tests also indicated 'intellectual disability.' Ultimately, in 2016, the Northern Gyeonggi Military Manpower Administration classified him as Grade 4 in physical condition due to depressive disorder and designated him for social service duty.

It turned out that all of this was an act. Mr. A pretended to have a mental illness to receive social service duty status. His claims of his father's violence and depression were all proven false. He had good grades in high school and university and had hosted an internet broadcast for two years. Investigations revealed he had worked part-time at a restaurant and sold mobile phones.

Charged with violating the Military Service Act, the Uijeongbu District Court sentenced Mr. A to one year in prison with a two-year probation. Despite conducting a 'military service fraud' that deceived everyone for two years, he avoided actual imprisonment.

A person undergoing a psychological test during a military service examination / Photo by Hyunmin Kim kimhyun81@

According to the legal community on the 10th, most military service evaders like Mr. A do not receive prison sentences even when prosecuted, resulting in inadequate punishment. According to the 'Status of Military Service Evaders' data submitted by the Military Manpower Administration during the National Assembly audit in October last year, there have been no cases in the past two years where courts handed down prison sentences to military service evaders. From January 2021 to July 2022, 36 military service evaders were caught by investigative agencies, but 12 received suspended sentences from the courts, and 24 were given non-prosecution dispositions during the prosecution investigation stage. In 2020, three people (one sentenced to one year in prison, two to six months) received prison sentences, but this accounted for only 6% of the total 46 military service evaders.

Status of Convictions for Evasion of Military Service from the 'Status of Detection of Military Service Evasion' data submitted by the Military Manpower Administration during the National Assembly Inspection in October 2022
[Photo by Document File Capture]

Attorney Jang Dal-young (head of LAW&S Sports Culture Law Policy Research Institute) told this publication, "Given the current situation, it can be analyzed that among criminals aiming to evade military service, there is a gambling mentality that even if caught, they just need to serve the sentence and it's over." It is understood that recent military service evaders under investigation by prosecutors have committed crimes with this mindset. Military service brokers have also been known to facilitate evasion by explaining that the punishment levels are not severe. There are calls to increase the severity of punishments for military service evasion. The Korean Epilepsy Society issued a statement regarding military service corruption cases involving false epilepsy diagnoses, saying, "People who abuse illnesses to commit crimes must be strictly punished and countermeasures established."

Prosecutorial investigations are gaining momentum. Broker Kim (38), accused of facilitating military service evasion by obtaining false epilepsy diagnoses and other methods, was arrested the day before yesterday. The Seoul Southern District Prosecutors' Office and the Military Manpower Administration's joint investigation team on military service evasion had previously arrested another broker, Gu (47), on the 21st of last month and sent him to trial, and now with the detention of another key figure, the investigation is gaining traction. They are expected to focus on whether there are more accomplices through Kim and others who were arrested.

Kim operated as the regional branch manager of an administrative office established by Gu. They are accused of charging customers tens of millions of won, helping them receive false diagnoses of epilepsy and other mental illnesses at hospitals, and guiding them on how to be exempted from military service. Gu openly promoted himself online as the 'God of Military Service.' Prosecutors estimate that hundreds of people evaded military service through Gu and others. It is known that individuals active in sports, entertainment, and the legal profession are involved.