20s Man Who Faked Mental Illness to Avoid Military Service Sentenced to Prison

By PeachFiv, December 2, 2025

📘 Case Summary

A man in his 20s who pretended to have a mental illness to avoid serving in the military has had his conviction finalized.

On October 30, the Supreme Court’s Criminal Division 3 (Presiding Justice Noh Kyung-pil) upheld the lower court’s decision sentencing university student A to 1 year in prison, suspended for 2 years, and 80 hours of community service for violating the Military Service Act (Case No. 2025Do9602).

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[Facts]

A sought to receive a Grade 4 (Social Service Agent) classification.
In his first physical examination in November 2019, he claimed to have “suicidal impulses”, and told psychiatrists he suffered from depression and social anxiety, saying he had taken medication but saw no improvement — all in an attempt to fake a mental disorder.

In September 2021, A was assigned to the Social Service Agent category.

However, after he stopped receiving any psychiatric treatment after October 2021, the Military Manpower Administration’s special judicial police began an internal investigation.
In January 2024, prosecutors charged A with violating the Military Service Act.

Prosecutors argued that prior to February 2020 (when he first sought psychiatric treatment), A had never suffered any mental illness, had normal peer relationships in school, and had led an ordinary social life, including club activities in university — indicating that his alleged symptoms were fabricated to evade active-duty service.

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[Lower Court Judgment]

The first-instance court sentenced him to 1 year in prison, suspended for 2 years, and 80 hours of community service.

The court held:

A did not have a mental illness severe enough to prevent military duty.

He intentionally exaggerated or fabricated his symptoms during psychiatric treatment.

Although prescribed medication, he rarely purchased or took it, while falsely telling doctors he was taking it consistently.

A argued that the investigation violated procedure because the Military Service Act requires a “confirmation medical examination,” but the court rejected this:

> The confirmation examination is discretionary and does not have to precede an investigation.

The appellate court dismissed A’s appeal.

A claimed that the internal Military Manpower Administration directive—allowing special judicial police to investigate without requiring a confirmation examination—was invalid.
However, the appellate court ruled that the directive merely supplements the Enforcement Decree of the Military Service Act, has legally binding force, and is therefore valid.

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[Supreme Court Judgment]

The Supreme Court affirmed:

There were no errors in the lower court’s findings,

No misapplication of the law regarding:

the crime of violating the Military Service Act,

the legality of prosecution,

or the admissibility of evidence.

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[Military Manpower Administration’s Position]

An MMA official stated they could not disclose A’s personal military records due to the Personal Information Protection Act.

However, they explained:

Under Articles 155 and 155-2 of the Enforcement Decree of the Military Service Act,
once a person is confirmed to have evaded service, they must undergo a new physical examination,
and military duty is reassigned according to the results.

This indicates A will likely not be able to avoid active-duty service.

Article: https://www.lawtimes.co.kr/Case-curation/213453