US prison term counts toward Korean military exemption, court rules
A Korean-born man who spent 14 years in a U.S. prison for armed robbery does not have to serve in the Korean military, a Seoul court has ruled, extending an exemption for convicted inmates to those who have served their jail sentences overseas. The ruling rejects the Military Manpower Administration's position that only inmates transferred to Korea to complete their sentences qualify for…
A Korean man convicted of robbery and serving an overseas prison sentence may be exempt from mandatory military service, a Seoul court has decided. The ruling overturns the Military Manpower Administration's stance that only inmates completing their sentences in Korea can receive this exemption. However, the court imposed a condition to prevent the exemption from being exploited by draft dodgers.
Under the Military Service Act, individuals sentenced to at least 18 months in prison are classified as wartime labor service members, exempting them from peacetime duty and only requiring service in wartime. The unnamed defendant, who had moved to the U.S. and obtained permanent residency, was deported to Korea after completing his prison term in 2010.
A medical examination indicated he was eligible for alternative service as a social service agent, but he sought an exemption altogether.
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- US prison term counts toward Korean military exemption, court rules koreatimes.co.kr
