US prison term counts toward Korean military exemption, court rules

A Seoul court ruled that a Korean-born man who served 14 years in a U.S. prison for armed robbery does not have to serve in the Korean military. The ruling extends wartime labor service eligibility to people who complete qualifying prison sentences overseas. The court said the exemption applies only when the foreign offense would also be a crime under Korean law.

Under the Military Service Act, people sentenced to at least 18 months in prison are placed in wartime labor service and are called up only for labor support during war.

The man was convicted of robbery and aggravated assault in the United States in 2010 and deported to Korea after completing his sentence last year.

The Seoul Regional Military Manpower Administration rejected his request after a physical examination classified him as eligible for alternative service as a social service agent.

The court said Korean law does not require the prison sentence to have been imposed in Korea and found no meaningful difference between completing a foreign sentence in Korea and serving it abroad.

The court determined that robbing a victim while armed and using violence and threats would constitute aggravated robbery under Korean law.

Published Oct 10, 2026 11:13 am KST

Recruits undergo firearms training at the Army Training Center in Nonsan, South Chungcheong Province in this undated photo. Courtesy of Republic of Korea Army

A Korean-born man who spent 14 years in a U.S. prison for armed robbery does not have to serve in the Korean military, a Seoul court has ruled, extending an exemption for convicted inmates to those who have served their jail sentences overseas.

The ruling rejects the Military Manpower Administration's position that only inmates transferred to Korea to complete their sentences qualify for exemption. The court did, however, attach a condition meant to keep the exemption from becoming a loophole for draft evasion.

Under the Military Service Act, anyone sentenced to 18 months or more in prison is placed in wartime labor service, a category that exempts a person from peacetime duty and calls him up only for labor support in the event of war.

The man, whose name was withheld, moved to the U.S. with his family and later became a permanent resident there. He was convicted of robbery and aggravated assault in 2010 and was deported to Korea after completing his sentence last year.

A physical examination classified him as eligible for alternative service as a social service agent, but he sought assignment to wartime labor service instead. The Seoul Regional Military Manpower Administration rejected his request, prompting him to sue the agency.

The Seoul Administrative Court ruled in his favor, saying the law does not require a prison sentence to be imposed in Korea. It added that the rationale for excluding inmates from active duty — protecting military discipline and maintaining the quality of the armed forces — applies regardless of where they served their sentences.

The court also found no meaningful difference between an inmate who was transferred to Korea to finish a sentence handed down by a foreign court and one who served the full term abroad.

It cautioned, however, that recognizing foreign prison sentences without limits could allow people to avoid military service. It therefore ruled that a foreign sentence counts only if the underlying offense would also constitute a crime under Korean law.

In the man's case, the court found that robbing a victim while armed and using violence and threats would constitute aggravated robbery under Korean law.

首尔一家法院裁定，一名因持械抢劫罪在美国监狱服刑14年的韩裔男子无需在韩国服兵役。该裁决将战时劳动服务资格扩大至在海外服完符合条件的刑期的人员。法院表示，该豁免仅适用于其在国外犯下的罪行在韩国法律下也构成犯罪的情况。

根据《兵役法》，被判处至少 18 个月监禁的人将被安排在战时劳动服务中，并且只在战争期间被征召从事劳动支援工作。

该男子于 2010 年在美国因抢劫和严重袭击罪被定罪，并于去年服刑完毕后被遣返回韩国。

首尔地方兵役厅在体检后认定他符合以社会服务人员身份服役的条件，因此驳回了他的申请。

法院表示，韩国法律不要求刑罚必须在韩国境内执行，并认为在韩国完成外国刑罚与在国外服刑之间没有实质性区别。

法院认定，根据韩国法律，持械抢劫受害者并使用暴力和威胁构成加重抢劫罪。

发布于2026年10月10日上午11:13（韩国标准时间）

这张未注明日期的照片显示，新兵正在忠清南道论山市陆军训练中心接受枪械训练。照片由韩国陆军提供。

首尔一家法院裁定，一名因持械抢劫在美国监狱服刑14年的韩裔男子无需在韩国服兵役，这一裁决将对已在海外服刑的罪犯的豁免范围扩大到他们。

该裁决驳回了兵务厅关于只有被转移到韩国服刑的囚犯才有资格获得豁免的说法。不过，法院附加了一项条件，旨在防止该豁免成为逃避兵役的漏洞。

根据《兵役法》，任何被判处 18 个月或以上监禁的人都会被安排在战时劳动服务中，这一类别使一个人免于和平时期的义务，并且仅在战争发生时才会被征召提供劳动力支持。

这名男子姓名未公开，他随家人移居美国，后来成为美国永久居民。他于2010年因抢劫和严重袭击罪被判刑，并于去年服刑完毕后被遣返回韩国。

体检结果显示他符合替代役条件，可以担任社会服务人员，但他却申请参加战时劳动服务。首尔地方兵役厅驳回了他的申请，他因此起诉了该机构。

首尔行政法院裁定他胜诉，称韩国法律并未规定必须判处监禁。法院还补充说，无论服刑人员在何处服刑，将他们排除在现役之外的理由——维护军队纪律和保持军队素质——都适用。

法院还认为，被转移到韩国完成外国法院判刑的囚犯与在国外服满刑期的囚犯之间没有实质性区别。

然而，法院也警告说，无限制地承认外国刑罚可能导致人们逃避兵役。因此，法院裁定，只有当外国刑罚所涉罪行在韩国法律下也构成犯罪时，该刑罚才能被承认。

在该男子的案件中，法院认定，根据韩国法律，持械抢劫受害者并使用暴力和威胁构成加重抢劫罪。