30s Draft Dodgers Suddenly Say "I Will Study Abroad"... Court Says "No"

Claiming 'Academic Freedom' After Two Cases of Military Service Evasion
Court: Subject to Travel Ban Abroad

A man in his 30s who was twice criminally punished for evading military service suddenly claimed "academic freedom" and said he would study abroad, but lost in court.

Mr. A (31) was classified as an active duty enlistment candidate in 2013 but continuously failed to enlist, resulting in a 6-month prison sentence with a 1-year probation in 2018 for violating the Military Service Act. In April 2020, he again failed to undergo a re-examination for military service, and in April 2021, his 6-month prison sentence with a 2-year probation was finalized.

Afterwards, Mr. A was transferred to social service personnel. This was because around the same time, he was sentenced to 6 months in prison with a 2-year probation for another crime. According to the Military Service Act, if a person is sentenced to probation for imprisonment of one year or more, such disposition is applied.

However, while waiting to be called up as social service personnel last year, Mr. A suddenly applied to the Seoul Regional Military Manpower Administration for permission to travel abroad, saying he wanted to go for language training.

Trainees conducting individual combat training at the Army Training Center in Nonsan-si, Chungnam [Image source=Yonhap News]

When the Military Manpower Administration denied his request, Mr. A filed a lawsuit to cancel the travel ban, arguing that the infringement of fundamental rights such as academic freedom and freedom of residence and movement was greater than the public interest achieved by this disposition.

However, on the 16th, the Administrative Division 2 of the Seoul Administrative Court (Presiding Judge Ko Eun-seol) ruled against the plaintiff, stating that Mr. A, who has a history of draft evasion, is indeed subject to the travel ban.

The court pointed out, "Considering that fundamental rights are severely restricted during the fulfillment of military service obligations, fairness among those subject to military service must also be importantly considered. Therefore, restrictions on freedom of residence and movement abroad or academic freedom are relatively broadly recognized compared to other cases."

It continued, "Considering the motives, purposes, and circumstances that led the Military Manpower Administration to this disposition, it does not appear to have violated the constitutional principle of proportionality or fundamentally infringed on the plaintiff's freedom of residence, movement, and academic freedom."

According to the Military Service Act, a person subject to military service aged 25 or older who has not completed military service must obtain permission from the Military Manpower Administration to travel abroad or stay abroad continuously. Violation of this results in imprisonment of up to 3 years, and if done with the purpose of evading military service, imprisonment from 1 to 5 years.

Additionally, employment or licensing for government-approved businesses is restricted until age 40, and the person's name is publicly disclosed on the Military Manpower Administration website. Administrative sanctions such as passport issuance restrictions and invalidation of passport returns are also imposed.