[2024 National Audit] Military Service Obligors Not Punished Even If They Do Not Return to Korea

National Defense Committee Member Yoo Yong-won Analyzes Audit Data
No Imprisonment Sentences Since 2022

It has been revealed that proper punishment is not being enforced even when those obligated to military service fail to return within the permitted period of overseas travel. There are concerns that this is being used as a means to evade military service.

According to data on the “Criminal Disposition Status of Overseas Travel Permit Violators” submitted to Yoo Yong-won, a member of the National Assembly’s Defense Committee from the People Power Party, by the Military Manpower Administration on the 11th, out of a total of 1,037 cases over the past six years, 893 cases, or 86%, were suspended from investigation due to reasons of residing abroad. Only 0.5% of the cases resulted in imprisonment. Moreover, since 2022, there has not been a single imprisonment sentence for those who violated the overseas travel permit obligation with the intent to evade military service.

Additionally, nearly 200 cases of violations of the overseas travel permit obligation occur annually, but only 20 of these individuals have returned, accounting for less than 10%. This indicates that the majority are exploiting the lack of proper criminal punishment to “hold out” overseas for the purpose of evading military service.

According to Article 94 of the Military Service Act, failure to return within the permitted period of overseas travel without justifiable reason can result in imprisonment of up to three years, and if violated for the purpose of evading military service, imprisonment of one to five years may be imposed. However, looking at the actual criminal disposition status, among those who violated the overseas travel permit obligation for the purpose of evading military service, fewer than 6%?only 51 people over the past six years?received criminal punishment including imprisonment, suspended sentences, or deferred prosecution.

Representative Yoo emphasized, “Ineffective punishment for those who evade military service by violating the overseas travel permit obligation not only lowers the morale of South Korean military personnel but also seriously undermines fairness and equity, which are the most important aspects of the duty of national defense.”

He added, “The duty of national defense is one of the most important values that should be applied equally to all citizens, but in reality, a structure remains where some with wealth and power, such as the son of former Financial Services Commission Chairman Eun Sung-soo, can avoid military service. The current system, where those who violate the overseas travel permit obligation and do not return from abroad until they turn 38 are exempted from military service, must be reformed.”