Man Delays Military Service for 9 Years Saying "Mom Is Battling Cancer"

'Jeonsigeunroyeok' Application Rejected
Subsequent Administrative Lawsuit Filed but Lost

Musician A applied for the 'wartime labor service' exemption, claiming that he had been economically supporting his mother who underwent cancer surgery, but his request was denied. He also lost in the subsequent administrative lawsuit.

On the 3rd, the Administrative Divisions 1 to 3 of the Incheon District Court (Chief Judge Go Seung-il) ruled against A in the lawsuit he filed against the head of the Incheon Military Manpower Administration, seeking cancellation of his active duty enlistment order, according to Yonhap News.

A, aged 29, was classified as Grade 2 in the physical examination for military service in 2013, making him eligible for active duty enlistment. He postponed enlistment for four years due to university studies. In 2018, he was re-examined and received the same classification, but he delayed enlistment for another three years citing transfer to another university and qualification exams.

In April last year, A applied to the Incheon Military Manpower Administration for military service reduction, requesting to be classified under wartime labor service (instead of active duty), arguing that he fell under the category of inability to maintain livelihood as stipulated in the Military Service Act.

Mr. A, aged 29, was classified as Grade 2 in the physical examination for military service in 2013 and was deemed eligible for active duty enlistment. The photo is not related to the specific content of the article. [Photo by Asia Economy]

Wartime labor service classification is given to those who receive Grade 5 in the military examination or are deemed unable to perform active or supplementary military service but can handle military support duties during wartime labor mobilization. Alternatively, if maintaining livelihood is difficult during military service, one can apply, and the Military Manpower Administration assesses the applicant's family's assets and monthly income to decide on the application of this provision. Those classified under wartime labor service are exempt from active duty, supplementary service, and reserve forces during peacetime and only need to participate in civil defense training.

The Incheon Military Manpower Administration rejected A's application in September last year and notified him to enlist in an army division by 2 p.m. on October 25, 2022. In response, A filed an administrative lawsuit claiming the active duty enlistment order was unjust.

A stated, "My mother underwent cancer surgery and cannot engage in independent economic activities, and I have been continuously supporting her after the surgery." He added, "Although my father and another sibling exist, they have lived apart from my mother for over a year and have neither the intention nor the ability to support her."

He argued, "The order to enlist as an active duty soldier is illegal as I am practically unable to maintain livelihood."

Mr. A, aged 29, was classified as Grade 2 in the physical examination for military service in 2013, making him eligible for active duty enlistment. He then postponed his enlistment for four years due to university studies. In 2018, he underwent a re-examination and received the same classification, but he delayed enlistment again for three years, citing reasons such as transferring to another university and taking qualification exams. The photo is not related to the specific content of the article.
Photo by Asia Economy

However, the court ruled, "A postponed enlistment several times over nine years after being classified as an active duty candidate, and only applied for military service reduction citing livelihood difficulties when further postponement became impossible," adding, "He earned a considerable income as a musician during that time, providing ample opportunity to prepare for his mother's livelihood," thus deeming the Incheon Military Manpower Administration's decision lawful.

The court further stated, "The plaintiff's assets meet the criteria for military service reduction, but his monthly income exceeds the standard." Additionally, regarding the father and other sibling, the court noted, "As biological sons of A's mother, they are legally obligated to support her under civil law," and "Considering their monthly income, they have the ability to support her."

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