Recent public debate has intensified regarding the military service exemption program applicable to medalists at the Asian Games and the Olympic Games.

Some argue that the system should be revised to reflect changing social values, while others contend that it should be maintained in the interest of national competitiveness.

In particular, interest in potential reforms has grown following comments from the Ministry of National Defense regarding possible changes to the Arts and Sports Personnel system, as well as continued legislative and policy discussions in the National Assembly.

Attorney Tae-hwi Lee of One Law Partners, LLC explains why the special military service system exists, how it may be reformed, and whether any amended system could apply to individuals who have already qualified.

He also outlines the legal structure of the current Arts and Sports Personnel system under the Military Service Act and the key legal issues that should be considered in any future reform.

 

  Q. Are Olympic and Asian Games medalists exempt from military service?  
No. Although the term “military service exemption” is commonly used, the system is legally not an exemption but a special military service arrangement.
Under Korean law, the term “military service exemption” applies only to individuals classified as Grade 6 for physical examination purposes.

Individuals who achieve certain levels of distinction in arts or sports may be designated as Arts and Sports Personnel and serve as supplementary service personnel.

They are required to complete basic military training and, during an approximately 34-month service period, continue their artistic or athletic activities while completing 544 hours of public service activities.

Accordingly, Arts and Sports Personnel are not completely exempt from military service; rather, they fulfill their military obligations through an alternative form of service.


 Q. Why was the Arts and Sports Personnel system created?  
The Arts and Sports Personnel system was not established as a reward for outstanding performance but rather to serve national interests.

The current Military Service Act defines the purpose of the system as promoting cultural development and enhancing national prestige.

The rationale is that, instead of interrupting the careers of individuals who have achieved exceptional success in international competitions through lengthy military service, it is more beneficial for them to continue their activities and contribute to national competitiveness and the public interest.


 Q. Why is reform of the military service special treatment system being discussed now?  
Recent discussions arising from the Asian Games have raised questions as to whether the current eligibility criteria for Arts and Sports Personnel remain appropriate in light of changing social conditions.

Some argue that the special treatment system is no longer necessary or that its scope is no longer reasonable, while others maintain that it remains essential to preserving international competitiveness.

Given that the Ministry of National Defense has referred to a policy of “gradual reduction and eventual abolition,” it appears that immediate abolition is unlikely and that improvements will be pursued first.

Accordingly, discussions are underway regarding more reasonable reforms to the Arts and Sports Personnel system.


 Q. What aspects of the system could change in the future?  
Reform is likely to proceed in two primary directions.

① Adjustment of Eligibility Criteria
At present, athletic personnel eligibility is limited to Olympic bronze medalists or higher and Asian Games gold medalists.

Future discussions may consider expanding or adjusting qualifying competitions and rankings, potentially including world championships and taking into account characteristics unique to particular sports.

In other words, the system may be revised to redefine which achievements should be regarded as contributions to the national interest.

즉, 어떤 성과를 국익 기여로 볼 것인지를 다시 정비하는 방향입니다.

② Improvement of the Designation Process
Under the current system, once an individual satisfies the required criteria, the Ministry of Culture, Sports and Tourism and the Military Manpower Administration generally proceed with designation automatically.

 Future reforms may allow additional factors, including contributions to the national interest, to be considered during the recommendation or designation process.


 Q. Does reform require an amendment to the Military Service Act?  
The complete abolition of the special treatment system would require amendment of the Military Service Act.
 However, maintaining the system while merely improving it does not necessarily require statutory amendment.

The Military Service Act delegates many details of the Arts and Sports Personnel system to Presidential Decrees.

Accordingly, many aspects of the eligibility criteria and procedural framework may be revised through amendments to subordinate legislation, such as the Enforcement Decree of the Military Service Act.

Nevertheless, if the National Assembly determines that certain key standards should be prescribed directly by statute, amendment of the Military Service Act itself would also be possible.

 Q. If the Ministry of National Defense decides to change the system, can it be changed immediately?  
No.
Amendment of the Military Service Act requires the National Assembly’s legislative process.

Even where reforms are pursued through amendments to subordinate legislation such as Presidential Decrees, the Ministry of National Defense and the Military Manpower Administration must prepare draft amendments and complete procedures including public notice and consultation with relevant government agencies.

Inter-agency consultation is also essential.
Because the Arts and Sports Personnel system is closely connected to the Ministry of Culture, Sports and Tourism, consultation with that ministry is particularly necessary.


 Q. If the system changes, will it apply to individuals who have already qualified for special treatment?  
This is perhaps the issue requiring the most careful legal consideration.

As a general principle, retroactively restricting rights or qualifications that have already been acquired may conflict with legal stability and the principle of protection of legitimate expectations.

Therefore, even if the system is revised in the future, careful legal analysis will be required before applying new standards retroactively to individuals who have already qualified.

Ultimately, the details and scope of application will likely be determined by the amended legislation itself, particularly its supplementary provisions.
 

Key Takeaways at a Glance

• Arts and Sports Personnel are not exempt from military service; they are subject to a special military service arrangement.
• The purpose of the system is to promote cultural development and enhance national prestige through the continued activities of exceptional individuals.
• Future reforms will likely focus on eligibility criteria and designation procedures.
• Significant reforms may be achieved through amendments to subordinate legislation alone.
• Whether new rules may be applied retroactively to individuals who have already qualified is likely to be the most legally sensitive issue.

-

Attorney Tae-hwi Lee | thlee@onelawpartners.com

-

Public Relations Team, One Law Partners, LLC | pr@onelawpartners.com