To address systemic loopholes that allow for draft evasion, the government this week previewed proposed changes that would require conscripts with hypertension to undergo 24-hour continuous blood pressure monitoring and substantially revise other physical fitness standards determining eligibility.
The institutional reinforcements are necessary, but beyond reforming thresholds and procedures, the government must also specify who bears what legal responsibility to curb draft evasion. That is because the fitness classification process relies on human discretion — as long as the cost of breaking the law remains low, there would always be those willing to take the risk.
Article 20 of the Constitution states: “The people shall have the duty of performing military service in accordance with law.” Draft evasion is therefore by no means a gray area — it clearly entails criminal liability, and those involved in the crime are not limited to conscripts.
A conscript who knowingly uses a false medical diagnosis to apply for exemption from the military service is liable according to Article 214 of the Criminal Code.
In addition, Article 8 of the Enforcement Regulations for Draft Exemption, Restriction, Deferred Call and Draft (免役禁役緩徵緩召實施辦法) says the exemption may be revoked and the individual required to complete military service. In serious cases, the matter may be referred to judicial authorities for prosecution.
A diagnostic certificate is a medical document. If a physician knowingly issues a false diagnosis that does not align with medical facts, it would, in some circumstances, constitute forgery or alteration of a private document as defined in Article 210 of the Criminal Code.
Furthermore, administrative sanctions can be imposed as stipulated in Article 25 of the Physicians Act (醫師法) and Article 103 of the Medical Care Act (醫療法), with the most severe penalties including professional suspension or even physician license cancelation — a significant professional cost.
However, a physician’s legal responsibility lies in whether they knowingly issue a false diagnosis — not in endorsing the administrative outcome of military service eligibility. If liability were assessed based on outcomes — thereby scrutinizing well-intentioned and reasonable professional judgement — it could lead to defensive medical treatment, which would harm conscripts who truly require medical evaluation.
That being said, intermediaries are the key actors who industrialize institutional loopholes. Whether by introducing specific physicians, coaching scripted narratives or packaging draft evasion procedures into a profit-driven service, as long as there is criminal intent and shared responsibilities, they likewise bear criminal liability.
To effectively prevent draft evasion, society must be sent a clear signal — it is a path that involves criminal liability, and the legal costs far exceed that of simply completing military service. The younger generation must be helped to re-establish sound values by implementing the following three measures:
First, all conscripts should receive legal education so they fully understand the implications and consequences of draft evasion. Second, with respect to physicians, severe penalties should be imposed on those who knowingly issue false diagnoses, while good-faith, reasonable professional judgement must be protected. Third, intermediaries should be investigated and prosecuted to cut off key operations of draft-evasion schemes.
Lee Po-chang is a chair professor at Taipei Medical University’s College of Public Health and former director-general of the National Health Insurance Administration.
Translated by Kyra Gustavsen
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