By Byun Duk-kun
Staff Reporter

A Seoul court on Friday ordered a man with dual citizenship to fulfill his two-year military service.

The Seoul Administration Court ordered the U.S.-born Korean working at a foreign company in Seoul to serve his mandatory military service in the South Korean army despite his foreign citizenship. This is the first such ruling by the court.

The 34-year-old Korean-American, identified only by his surname Hong, argued that he has only been staying in the country because he is working for a branch office of a U.S.-based company. He had asked the court to confirm his exemption from the nation’s military service because he is a citizen of a foreign country, despite the fact that he still maintains his Korean citizenship.

The court, however, turned down his request saying, ``Article 64 of the military service law exempts anyone who has permanently removed himself and his family to live in a foreign country. This article is to ensure freedom of migration as well as to respect other countries’ sovereignty.’’

The court said Hong must carry out his military duty because he has showed no intention of living abroad permanently. ``Hong has been living in the country since November 1993 and only started working for the U.S. firm in 1997. The only period he lived abroad with his family was until November 1991, therefore we cannot assume that he has permanently removed himself with his family to gain a foreign citizenship,’’ the court said in its ruling.

Hong, who was born in the U.S. in 1969 when his parents were studying there, gained dual citizenship at birth. However, he and his family returned to the country in 1971 and Hong went back to the U.S. in 1983 to finish high school and college.

Since becoming the branch office director of the U.S. firm, Hong has repeatedly put off his physical examination for military service citing his frequent business trips overseas.

Hong filed the complaint with the court after the Defense Ministry banned him from departing the country in January saying that he is only trying to evade his military service.

benjamine@koreatimes.co.kr