Man loses appeal for draft dodging, despite claiming to be gay

(Herald DB)

A Suwon district court recently handed down a jail term to a man in his 20s for evading his military duties. The man had reportedly vowed to to fulfill his duties when first accused but later claimed to be a conscientious objector based on his sexuality, according to local media reports, Tuesday.

The defendant was sentenced to one year and six months behind bars by the appellate division of the Suwon court, which upheld an earlier ruling that punished him for violating the Military Service Act. South Korean law states that all able-bodied male citizens are to serve in the military for a certain period, which currently is between 18 and 21 months for soldiers.

This was not the first time the defendant, whose identity was withheld by authorities, was accused of draft dodging. He was initially indicted for evading military duties in October 2022, but got a suspended prison term after vowing to "diligently fulfill" his military duties.

He was again tried for the same charges when he failed to deliver on his pledge, this time receiving a jail term. Upon appealing the case, the claimed to be a conscientious objector, refusing his military duties based on his "homosexual identity and personal beliefs based on pacifism."

But legal authorities rejected the man's explanation, pointing out that he had not initially cited those reasons. They added that even if his claims are true, his personal beliefs do not constitute conditions for conscientious objection.

"The defendant's attitude and testimonies are inconsistent, and the court cannot trust his claims based purely on the statements of his family and acquaintances," the court said in its ruling.

South Korea currently has alternative service options for those who refuse to enlist in the military based on religious beliefs, which is a system that was implemented in 2020. Conscientious objectors are mandated to work at correctional facilities for 36 months, double the 18 months that mandated soldiers of the Army are required to serve.

The country does not yet acknowledge the right to object to mandatory military duties based on homosexuality, but the military directive has specific clauses on ensuring that the rights of homosexual soldiers are protected, including his or her right not to disclose their sexuality.

By Yoon Min-sik(minsikyoon@heraldcorp.com)