Legal Q&A
Q
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Recently, while returning to my unit after finishing my leave, I played games at an internet cafe and ended up exceeding my return time.. So I am being investigated, and I heard the situation could become serious. I am very worried because they said a charge of unauthorized absence from the military could apply. What punishment will I receive going forward?
Unauthorized absence from the military
Military Criminal Act
Answer
Published:
Author : DongIl PARK
Unauthorized absence from the military refers to the act of a soldier leaving a designated place without permission. Under Article 30 of the Military Criminal Act, the crime of desertion applies to the following military personnel.
① A person who leaves their unit or duty for the purpose of evading military service
② A person who, having left their unit or duty, fails without justifiable reason to return to the unit or duty within a considerable period
A soldier who has committed the above acts may be subject to the following punishments.
▶ In the case of being before the enemy: the death penalty, life imprisonment, or imprisonment for at least 10 years
▶ In the case of wartime, a state of emergency, or a martial-law area: imprisonment for a definite term of at least 5 years
▶ In other cases: imprisonment for at least 1 year and up to 10 years
In a case of unauthorized absence from the military, it is necessary to obtain the help of an attorney with specialized legal knowledge of the military justice system.
It is advisable to quickly grasp the soldier's situation and devise a method of response so as to steer the case favorably.
To protect your rights and minimize disadvantages, we recommend that you obtain the help of an attorney with abundant experience in military cases.

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