Court: "Adverse Impact on National Security...Serious Nature of the Offense"

A former CEO of a startup who postponed his military service on the pretext of residing overseas while earning hundreds of millions of won in Korea has received a suspended prison sentence in the first trial.


On February 4, Judge Song Hando of the Seoul Southern District Court, Criminal Division 8 Single-Judge Panel, sentenced Mr. A (41), who was indicted on charges of violating the Military Service Act, to one year and six months in prison, suspended for three years. The court also ordered him to perform 500 hours of community service.


"Earned Hundreds of Millions While Dodging Draft"... Former Startup CEO Gets Suspended Prison Term View original image

Judge Song stated, "This offense is of poor nature in that it gives a sense of frustration to the majority of citizens who faithfully perform their military duty and may foster a culture of evading military service, thereby potentially affecting national security," adding, "It also appears impossible for the defendant to fulfill his military duty in the future."


However, the judge explained, "I took into account that it does not appear he lived abroad from the outset with the purpose of evading military service," and added, "After deliberating between an actual prison term and a suspended sentence, I imposed the maximum possible community service order."


Mr. A, a permanent resident of the Philippines, was brought to trial on charges of evading his military duty by repeatedly deferring enlistment over the past several years while receiving income into bank accounts under his family’s name. At the previous sentencing hearing, the prosecution requested a two-year prison term.


Under the Enforcement Decree of the Military Service Act, a person subject to conscription who has resided abroad since before the age of 18 and acquires permanent residency before turning 25 may defer military service until the age of 37.



However, if such a person stays in Korea for six months or more in a given year, or engages in for-profit activities such as providing personal services and earning income of 10 million won or more, the obligation to serve in the military is imposed.


This content was produced with the assistance of AI translation services.

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