The defendant shall be acquitted. The summary of this judgment shall be published.

1. Where a person who departs from the Republic of Korea with permission for overseas travel before being assigned to the first national service in the facts charged, is unable to return to the Republic of Korea, he/she shall obtain permission for overseas travel or extension of the period by January 15 of the year in which he/she becomes 18 years of age;

Nevertheless, on July 30, 1993, the Defendant did not obtain permission for the extension of the period of overseas travel or the extension of the period from the head of the Military Affairs Administration until January 15, 1994, when he left the Republic of Korea by using tourism visa to the United States.

2. Determination is that the statutory penalty under Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 6749 of Dec. 5, 2002) is three years or less, and the statute of limitations is three years pursuant to Article 3 of the Addenda to the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) and Article 249(1)5 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007).

Meanwhile, as the Criminal Procedure Act was amended by Act No. 5054 on December 29, 1995, Article 253 Article 253 Article 3 of the Act on Suspension and Effect of Prescription, where the offender stays abroad in order to escape criminal punishment, the period of prescription shall be suspended during that period.

'The provision shall be newly established, and Paragraph 1 of the Addenda shall be effective on the date of enforcement.' This Act shall enter into force on January 1, 1997.

The term "as a transitional measure" in paragraph 2 shall apply to cases pending before the court or the prosecution at the time this Act enters into force.

Provided, That this Act shall not affect the validity of the litigation conducted pursuant to the previous provisions prior to the enforcement of this Act.

According to the above provisions, the statute of limitations for crimes, the statute of limitations of which has not been completed at the time of the enforcement of the amended Criminal Procedure Act (amended by Act No. 5054 of Dec. 29, 1995), is suspended from January 1, 1997, which is the enforcement date of the above amended Act, for the criminal from January 1, 1997, where the criminal is in a foreign country to escape criminal punishment (Supreme Court Decision 2003Da154 of Nov. 27, 2003).