"Having to Raise Three Kids Alone After Divorce"... 30s Man Who Refused Military Enlistment Three Times Finally

First Trial: 1 Year and 6 Months in Prison, Reduced to Suspended Sentence on Appeal
"Left Children at Parents' Home and Lived in Another Region"

A man in his 30s who was sentenced to prison in the first trial for refusing military service on the grounds of raising three children alone after divorce received a reduced sentence in the appellate court.

The Jeonju District Court's 2nd Criminal Division (Chief Judge Kim Dohyung) overturned the original sentence of 1 year and 6 months imprisonment and sentenced A (32), who was indicted for violating the Military Service Act, to 1 year and 6 months imprisonment with a 3-year probation, according to Yonhap News on the 1st.

A was prosecuted for failing to enlist within the designated period despite receiving an enlistment notice from the Jeonbuk Regional Military Manpower Administration in May 2021, ordering him to enlist in the Army's 35th Division as an active-duty soldier (full-time reservist). Previously, from 2013 to 2017, he postponed enlistment due to university admission and child-rearing, and after the maximum postponement period (730 days) expired, he requested exemption from military service from the Military Manpower Administration citing 'difficulty in maintaining livelihood.'

Jeonju District Court Exterior

After reviewing the documents submitted by A, the Military Manpower Administration determined that he did not qualify for military service exemption. They requested A to supplement the deficiencies, but he did not comply. Unable to postpone enlistment any further, A visited the Military Manpower Administration and even wrote a statement promising, "I will definitely enlist on the next scheduled date," but later suddenly broke his promise, citing the reason that "a COVID-19 patient was found at the school my child attends, so I need to get tested."

During the trial, A claimed, "I divorced my wife and had to raise three children alone," and argued, "I was unable to fulfill my military duty due to unavoidable circumstances, not intentionally." However, the appellate court, as well as the first trial court, judged that considering the defendant's past conduct, A's claim could not be a valid reason for avoiding military service.

The appellate court stated, "The defendant left his three children at his parents' home but actually lived elsewhere, and during the investigation, he evaded responsibility by saying, 'I did not enlist because I could not send the children to an orphanage.' However, the defendant has no prior record of committing similar crimes or receiving punishment exceeding a fine, and considering that he has three minor children, the sentence was determined accordingly."