병역법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The Defendant is a person who was born in 194 and reaches the age of 25 from January 1, 2019 to 25 pursuant to Article 2(2) of the Military Service Act.
A person who left the Republic of Korea before he/she reaches the age of 25 shall obtain permission to extend the period of overseas travel or obtain permission to travel abroad by January 15 of the year when he/she turns 25.
After departure from the Republic of Korea on September 15, 2013, the Defendant had been postponed from the Commissioner of the Military Manpower Administration to December 31, 2018 on the grounds that “the departure from the Republic of Korea from September 30, 2013 to December 31, 2018” and thus, the Defendant continued to stay abroad after December 31, 2018, even though having obtained permission for overseas travel from the Military Manpower Administration until January 15, 2019, the Defendant stayed abroad without obtaining permission for overseas travel.
2. Article 3 of the Military Service Act provides that a male who is a national of the Republic of Korea shall faithfully perform his duty of military service under the conditions as prescribed by the Constitution of the Republic of Korea and the Military Service Act. Article 15(1) of the Nationality Act provides that a person who voluntarily acquires a foreign nationality as a national of the Republic of Korea shall lose his nationality of the Republic of Korea at the time of acquisition of that foreign nationality. Article 15(3) of the same Act provides that a person who loses his nationality of the Republic of Korea by acquiring a foreign nationality shall be presumed to have acquired the foreign nationality on the first date of the issuance of the foreign passport used by him unless
According to the records, the Defendant is presumed to have automatically lost the nationality of the Republic of Korea or to have acquired the nationality of the Republic of Korea on November 21, 2016, which is the first date of the issuance of a U.S. passport, since he left the Republic of Korea on September 15, 2013 and went to the military of the United States on September 2016, when he acquired the nationality of the Republic of Korea from the Republic of Korea to the military of the United States on September 2016.