Can a foreign national leave Korea while facing a criminal trial?
This article examines a case in which the answer was, surprisingly, yes. A professional musician charged with violating the Military Service Act was granted permission to leave Korea to fulfill overseas concert commitments—a result rarely seen in criminal proceedings involving foreign nationals.
All Korean men, without a medical condition or disability, are required to serve in the military at age 19, according to the Military Service Act (병역법). If a Korean man has not completed his military service by age 25, he must obtain permission from the Military Manpower Administration (병무청) each time he travels abroad to prevent them from evading military service by fleeing abroad.
In this case, the client was born and raised in Korea as a Korean, and later built a professional career as a musician in the United States. After reaching the age at which military service obligations arise, he lawfully remained abroad each year by obtaining overseas travel permission and extensions in accordance with the Military Service Act.
However, after marrying and starting a family in the United States, the client acquired U.S. citizenship. It is a criminal offense in Korea for a Korean male between the ages of 18 and 37 to renounce his citizenship without permission and thereby evade military service. But the client mistakenly believed that now he is a U.S. citizen, Korean military law no longer applied to him, so his communication with the Military Manpower Administration ceased and the matter gradually escalated into a criminal case.
While entering Korea with his spouse for scheduled performances and collaborations, the client was arrested on board the aircraft. An exit ban was immediately imposed, and criminal trial proceedings commenced.
Exit Ban and an Indefinite Standstill
For foreign nationals, an exit ban is far more than a mere restriction on travel. During the police investigation stage, exit bans are typically imposed for one-month periods, and during trial, for six-month periods. However, as long as criminal proceedings continue, such measures may be repeatedly renewed. In practice, they often remain in effect until the conclusion of the trial.
This creates a situation in which the individual cannot predict how long they will be required to remain in Korea. Employment, family life, academic pursuits, and business activities established overseas are all critically affected.
The same was true in this case. The client’s confirmed concert schedules in the United States and other countries, contractual obligations with the theaters, and international projects involving multiple stakeholders were all at risk of collapse. Failure to attend these engagements would have placed the client’s livelihood and professional career in jeopardy.
How Was an Exceptional Travel Permit Possible?
As a general rule, foreign nationals are prohibited from leaving the country while a criminal trial is ongoing. In practice, permission is almost never granted. If a law firm claims that such permission is “possible,” you should ask for concrete legal grounds and verifiable precedents.
Nevertheless, Seoul Law Group did not abandon this case. Instead of challenging the exit ban itself, we applied to the court for a travel permit (출국허가) limited to a specific period and purpose. Although such a procedure exists in theory, it is extremely difficult to find cases in which it has actually been approved.
An approach based on vague hardship or sympathy is ineffective. Our strategy focused squarely on the core criteria the court considers.
Risk of Flight
- The client’s both parents and primary family ties remained in Korea
- The client had significant ongoing obligations and contracts in Korea
- Given the nature of his career as a professional artist, evading trial would effectively mean abandoning the life and career he had built
Public and Professional Nature of the Performances
- The travel was not a personal trip, but a part of international engagements involving multiple stakeholders
- Failure to perform would result in substantial financial and professional harm
- The disruption would have a severe impact on the performing arts community as a whole
After multiple rounds of refined submissions and sustained legal argument, the court accepted. Permission was granted for the foreign defendant to leave Korea while the criminal trial was ongoing— a result infrequently seen in criminal proceedings involving foreign nationals.
The Possibility of Making the Impossible Possible
The significance of this case does not lie merely in the fact that a travel permit was granted or that exit was allowed. Rather, it demonstrates that even in situations widely regarded as impossible, outcomes can change when factual circumstances and legal requirements are meticulously analyzed and structured in accordance with judicial standards.
This case highlights how effective legal representation involves identifying what the client truly needs and pursuing the appropriate legal avenue accordingly.
Such results are not guaranteed in every case. However, one point remains clear: even matters commonly viewed as impossible within the legal community may yield different outcomes when handled by legal counsel who thoroughly understands the case, adopts a strategic approach, and treats the client’s situation with the same seriousness as their own.
For inquiries regarding criminal cases involving foreign nationals, exit bans, or travel permits, please contact Seoul Law Group.