1. On the application of special military service
○ Defense Minister Lee Jong-seop announced on August 1 that it was impossible for BTS to apply special military service due to issues of equity and fairness.
○ According to the conditions for allowing alternative service under Korean law,
(1) In the case of art personnel, winners of international and domestic art contests recognized by the Commissioner of the Military Manpower Administration and those who have completed national intangible cultural heritage training
(2) Athletes must have an Olympic bronze medal or higher or an Asian Games gold medal winner.
○ As can be seen from this requirement, no matter how much they have done to promote national prestige in popular culture such as movies or K-pop like BTS, they cannot be the subject of special military service examination itself.
○ In response to this point, some lawmakers have proposed an amendment to the Military Service Act that includes the inclusion of pop culture artists such as BTS in the military service exception in the arts and sports fields.
2. Rules
Military Service Act
Article 33-7 (Assignment of Art and Sports Personnel)
(1) The Commissioner of the Military Manpower Administration may transfer persons recommended by the Minister of Culture, Sports and Tourism, as persons with specialty in the field of arts or sports who are prescribed by Presidential Decree, from among any of the following persons, to arts or sports personnel. In such cases, persons falling under subparagraphs 1 through 3 shall be transferred to supplementary service:
1. Persons to be enlisted for active duty service;
2. Persons in active duty service (including persons in military service pursuant to Article 21 or 25);
3. Persons in onboard ship reserve service;
4. Persons in supplementary service, subject to call-up of social work personnel;
5. Persons who are in supplementary service (referring to persons who are serving as social work personnel, public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates, public quarantine veterinarians, expert research personnel or industrial technical personnel).
(2) Matters necessary for the assignment and transfer of art and sports personnel shall be prescribed by Presidential Decree.
Article 33-8 (Period of Mandatory Service, etc. of Art and Sports Personnel)
(1) The period of mandatory service of art and sports personnel shall be two years and ten months, and they shall be deemed to have completed their service as social work personnel upon expiration of such period.
(2) Any person assigned to serve as a member of the art and sports personnel shall be called for military education under Article 55 and the period of such education call shall be included in his mandatory service period.
(3) If a member of the art and sports personnel is sentenced to imprisonment with or without labor or misdemeanor imprisonment or fails to engage in a field in which he is to serve, the number of days for which the sentence is executed or he fails to engage in such field shall not be included in his mandatory service period.
(4) Art and sports personnel shall be under the direction and supervision of the Minister of Culture, Sports and Tourism regarding the development of special skills in the relevant fields and regarding their mandatory service.
(5) Art and sports personnel shall serve in the public interest (hereinafter referred to as “public interest service”) by utilizing their special skills regarding arts and sports.
(6) The following matters regarding public interest service shall be prescribed by Presidential Decree:
1. Time of public interest service;
2. Persons and agencies subject to public interest service;
3. Quarterly standards for public interest service;
4. Other matters necessary for public interest service.
(7) Matters necessary for the mandatory service of art and sports personnel, such as calculation of the mandatory service period and release of call-up of art and sports personnel, shall be prescribed by Presidential Decree.