Sympathy of the Law

``As Money is for Exemption, No-money is for Guilt.``

While there are some wicked people who pays money for military exemption, there are other people who can’t go to military service due to financial obligations.

A man in his twenties was arrested and indicted for the evasion of military duty. Instead of performing his public duty, he was peddling goods for his mother who had been bedridden. The court exceptionally made an amicable decision.

Mr. Chung, who had dreamed to become a famous athlete, was assigned to public duty in 1998 after he had injured his waist during a practice. However, he could not leave his house, leaving behind his mother. His father, who had sold walnut-cake for a living, left home. All alone, Chung’s mother have been suffering a chronic disease and she remains in the hospital.

As a result, Mr. Chung was indicted for the violation of the military service law. He was sentenced to eight months in prison with two year suspension of sentence in April of 1999.

After his prison sentence, he began his public duty. However, he had to sell walnut-cake to pay for his mother’s operation. He was again convicted for the same case and was sentenced to 6 months in prison to his prior trial.

His mother, who had visited the house of detention to help him while she was still suffering from her own chronic disease, presented a petition to the court. She whole-heartedly appealed to the court for his son who had helped his parents working as a street vendor since he was a 7th grader and had given up his college education to support his family. Mr. Chung also, in his letter of repentance, asked for pardon, stating that his heart had broken when he couldn’t even wipe his mother’s tear but had to only look at his mother through the windows of confinement.

The court of appeal of the Seoul district court (Joo Ki-Dong, the chief judge of the court) admitted his obligated situation and sentenced him to 6 months in prison with one year suspension of sentence. This was an exceptional case that the court suspended the accused who was twice convicted for the same charge.

Lee Jung-Eun lightee@donga.com