Military Manpower Administration Denies Overseas Travel to 15-Year Military Service Evader... Court Rules "Lawful Measure"
[Asia Economy Reporter Kim Hyung-min] The court has ruled that the Military Manpower Administration's decision to deny overseas travel to a person who evaded military service for 15 years is lawful.
According to the legal community on the 11th, the Seoul Administrative Court's Administrative Division 8 (Presiding Judge Lee Jeong-hee) recently dismissed the lawsuit filed by Mr. A (35), who sued the Military Manpower Administration to cancel the refusal of his overseas travel application.
Mr. A was classified as a first-grade candidate for active duty service in the 2006 enlistment physical examination but postponed enlistment until 2015, citing reasons such as graduate school enrollment. He enlisted in March 2015 but was sent home after a physical examination within the unit. After a re-examination, he enlisted again but was sent home once more.
When Mr. A was again classified as a candidate for active duty service in the second re-examination, he filed a lawsuit in 2017 to cancel the decision. The Supreme Court, which reviewed the case, finalized a ruling in 2019 dismissing the plaintiff's claim.
Afterward, Mr. A submitted a complaint on the National Sinmungo website requesting recognition of the right to refuse military service, but it was not accepted. At the end of last March, he applied for permission to travel abroad citing reasons such as "asylum application, disease diagnosis, and verification of biological mother," but was again denied by the Military Manpower Administration. According to the Military Service Act, conscripts aged 25 or older must obtain permission from the Military Manpower Administration to travel abroad. Mr. A filed a lawsuit in response to the refusal.
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The court stated, "Permission to travel abroad, which effectively has the effect of exemption from military service, poses a risk of undermining military service fairness," and rejected the claim.
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