Korean military service is a legal requirement with severe repercussions, not just a passing rite. Don’t assume that distance protects you, regardless of whether you live overseas, have dual citizenship, or are just unclear of your status. You could be followed for years or even decades by a single minor error, such as overstaying a visa or missing a permit deadline.
Indeed, K-pop stars like BTS are not exempt either. No one is excused from serving because of their fame, worldwide influence, or chart-topping success. It’s safe to assume that no one can avoid their responsibilities if the largest boy band in the world can’t.
Speak with a lawyer if you’re unclear or have concerns about your responsibilities. You might be able to demonstrate that you had no intention of avoiding your obligation, or you might be eligible for a deferral. One thing is certain, though: attempting to solve it on your own may make matters worse.
Many clients, both Korean nationals and dual citizens, have benefited from Seoul Law Group’s assistance in navigating these complex regulations and avoiding unpleasant outcomes.
The Basics of Korean Military Service
All physically capable men, usually between the ages of 18 and 35, are required by law to serve in the military in South Korea. A man’s duty starts the year he turns 18, and the majority undergo a physical examination at 19. A person may be eligible for active duty or alternative service if their classification falls between grades 1 and 4.
Seems easy enough? However, there are rarely exceptions to the law, which is quite strict. Your obligation may last until age 37 if you break certain regulations, such as staying overseas for an extended period of time.
Therefore, it is not that simple to “just stay out of the country.”
Dual Citizens and the Nationality Deadline
If you have an important deadline, if you are a dual citizen:
By December 31 of the year you turn 18, you have to decide on your nationality.
Unless you fulfill specific deferral requirements, you will be required to serve in the Korean military service if you decide to retain your Korean citizenship. You may be able to postpone if
You spent more than three years living overseas with your parents.
lived abroad for more than five years before turning twenty-four,
or spent more than ten years living alone abroad.
Don’t get too comfortable, though, because one mistake could cost you those safeguards.
Travel Permits and Legal Traps
To lawfully remain overseas if you are over 25 and subject to service, you need a travel permit. You must apply for an extension by January 15 of the year you turn 25 if you left Korea before turning 24.
Even with the permit, you still need to exercise caution:
- Spending more than half a year in Korea
- Alternatively, working for more than 60 days may result in criminal charges and permit revocation.
You risk up to three years in prison if you don’t return within 30 days of your permit expiring. Additionally, you could fall one to five years behind if the court determines that you were purposefully evading service. bars.
Real-World Example: Mr. A’s Legal Nightmare
Let’s discuss Mr. A, a dual citizen who relocated to the United States after obtaining a travel permit. His permit was overstayed.
He may not have had criminal intent, the court decided, but he did break the law. What was his sentence?
10 months in jail with a three-year suspension.
The prosecution argued that the statute of limitations applied because it had been in effect for 15 years.
Later, the Supreme Court decided that the statute of limitations is suspended if an individual chooses to remain overseas to evade punishment. The court deemed Mr. A’s illegal overstay of his visa to be intentional evasion.
The initial sentence was upheld when his case was retried.
Changing Attitudes on Korean Military Service
Although the regulations are stringent, attitudes are changing.
Refusing to serve in the Korean military service meant going to jail for decades. Nearly 19,000 conscientious objectors have been imprisoned since the 1950s. However, the Supreme Court of South Korea decided in 2018 that refusals of service can be justified based on religious and conscientious beliefs.
Nearly 950 individuals have been authorized for alternative service, the majority of whom are Jehovah’s Witnesses. A man was recently granted alternative service on the grounds of pacifism rather than religion, which is a first for the law.
Change, however, is gradual. Despite their objections, two more people were still sentenced. Currently, alternative services are 36 months long and frequently entail live-in work, which makes them feel like prison in every way but name.
The system hasn’t changed much in spite of local protests and international criticism.
The Bigger Picture: Social Pressures and National Security
Every aspect of Korean society is impacted by this problem. Particularly in Korean corporate culture, military service is viewed as a rite of passage.
Some contend that the nation cannot afford to relax its military policies because it is still officially at war with North Korea. Others question whether quantity still matters more than military technology and quality, citing the declining birth rate as evidence.
Indeed, it’s a contentious political issue. In the past, presidential approval ratings have been impacted even when shorter service terms or broader exemptions have been discussed.
Please share this blog with others who might benefit from it if it helped you understand a difficult topic. And keep checking back for more Korean legal insights.
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