Man in His 20s Suspected of Deliberate Weight Loss to Avoid Military Service Not Indicted···"Influence of Lifestyle Changes"

A man in his 20s who had been suspected of deliberately losing weight to evade military service received a non-indictment disposition from the prosecution.

According to legal circles on the 15th, the Seongnam Branch of the Suwon District Prosecutors' Office on the 7th of last month issued a non-indictment disposition to A, in his 20s, who had been referred on charges of violating the Military Service Act.

A was suspected of artificially reducing his weight in the 2020 military service physical examination in order to become eligible for grade 4 (social service personnel) alternative service.

In his first examination, A recorded a body mass index (BMI) lower than the standard and received a disposition-pending judgment. Then, in an examination three months later, he recorded almost the same figure as the first time and received a grade 4 judgment.

However, the Military Manpower Administration referred him to the prosecution, viewing that he had deliberately reduced his weight, based on the fact that A's weight increased by more than 5 kg after receiving the grade 4 judgment, and that his elementary, middle, and high school records showed he had steadily maintained a normal BMI.

A argued that his weight naturally decreased as he lived irregularly in the process of getting a job and leaving it, so he had merely been underweight even before the examination, and that he had not deliberately lost weight. He also explained that the weight gain after the grade 4 judgment was the result of improving his lifestyle habits for his health.

The prosecution issued a non-indictment disposition, recognizing that A's BMI had been maintained below the average for men in their 20s even before the military service physical examination, and that he was physically slight. Although his weight was lower than before at the time of the physical examination, it judged that this was within the range that could decrease due to lifestyle changes. The fact that A was confirmed to have used his card at restaurants on numerous occasions was also considered, making it difficult to conclude that he had deliberately lost weight.

Attorney Baek Pyeong-wook of Daeryun LLC, who represented A, explained, "For a violation of the Military Service Act to be recognized, the purpose of evading or being exempted from military service and the intent must be clearly proven," adding, "Thanks to demonstrating, through specific data such as past physical change trends, that the weight loss was a natural phenomenon resulting from irregular lifestyle habits, he was able to clear the unjust charges."

Reporter Jung Cheol-wook

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Man in His 20s Suspected of Deliberate Weight Loss to Avoid Military Service Not Indicted···"Influence of Lifestyle Changes" (Go)