
Legal Q&A
Q
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Hello. I am serving as a social service worker, and recently I left without authorization for about a week during my duty. I do not think I can tell you the reason here,,, but if a social service worker leaves during their duty, what punishment do they receive? I am curious about the level of punishment for a violation of the Military Service Act and whether there is a possibility of even a sentence of imprisonment being imposed.
Violation of the Military Service Act
Answer
Published:
Author : DongIl PARK
When a social service worker leaves without authorization during their duty, the punishment varies depending on the duration of the absence and the cumulative record of absences.
To answer directly, if it is a short-term unauthorized absence of 7 days or less in total, a sentence of imprisonment is rarely imposed, and one is mainly subject to extended service or administrative sanctions.
Conversely, if a person is absent without authorization for 8 days or more in total or is repeatedly absent, it can lead to criminal punishment for a violation of the Military Service Act, and there is also a possibility that a sentence of imprisonment of up to 3 years may be imposed.
Specifically, for a service absence of 7 days or less in total, extended service equivalent to 5 times the number of days absent is generally imposed.
However, if a person is absent without authorization for 8 days or more in total, the social service management agency records this, a criminal accusation for a violation of the Military Service Act may proceed, and legally, a sentence of imprisonment of up to 3 years is stipulated as possible.
Because the disadvantages can grow as instances of unauthorized absence accumulate, it is important to receive expert consultation early.
For details related to a violation of the Military Service Act, we recommend that you check through a consultation with an attorney specializing in military matters.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

KyuSeok PARK
T. 070-7510-1044
Former Prosecutor [Medical·Economic] at the Seoul Southern District Prosecutors' Office · Attorney specializing in Criminal Law and School Violence
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