A man who returned to Taiwan after living in the US for more than a decade has been ordered to pay a hefty fine of NT$1 million (US$32,510) for deliberately avoiding military service.
The Taichung branch of the Taiwan High Court yesterday upheld the five-year suspended sentence handed to the man, surnamed Lee (李), 38, of Nantou County’s Caotun Township (草屯), but raised the fine from NT$150,000 in the first ruling.
Both decisions said that Lee had purposely evaded compulsory military service, required of all eligible male citizens aged 18 to 36, by ignoring the conscription notices sent by the government and only returned to Taiwan last year.
Photo: Chen Feng-li, Taipei Times
Lee was convicted of contravening Article 3 of the Punishment Act for Violation to Military Service System (妨害兵役治罪條例), which stipulates imprisonment of up to five years for a “male of military service age who tried to avoid being recruited” by failing to return to Taiwan after the approved period abroad has expired.
The High Court ruling affirmed the five-year suspended sentence for Lee with two years of probation. That means he does not need to serve time as long as he maintains good behavior and does not break the law during probation.
“Our nation has a compulsory military service system, and Lee should enter service for one year. Our nation continues to face external threats and hostile military forces. It is important to uphold a fair system, which is critical to building up a robust and strong national defense,” the ruling said.
“Lee had evaded conscription, as his family’s wealth enabled him to go abroad to further his studies. However, during those years, his fellow male citizens entered service to fulfill their obligations to the nation, while Lee stayed abroad, and did not return until he was past the draft age,” it said.
“He has abused the nation’s military service system, reneged on the conditions for staying abroad and abandoned his national obligations as a male citizen,” it said.
After finishing college at 23, Lee applied for further studies in the US. He received approval from the draft board and went to the US in 2008. After graduating in the US, he worked in the information technology industry for more than a decade, obtained US citizenship and was a section chief at a software company.
Lee returned to Taiwan last year, when he was 37, past the mandatory age for military service, as stipulated in the Act of Military Service System (兵役法).
Prosecutors said that after discovering that Lee’s approval to stay abroad had expired, Caotun Township’s draft board repeatedly sent conscription notices and even visited his parents to tell them Lee had to return to fulfill his conscription.
Normally, male citizens who have not yet completed military service can stay abroad until the age of 24 if they are pursuing an undergraduate degree, 27 for a master’s degree or 30 for a doctorate degree.
If they have to stay beyond this period, they must return to Taiwan or apply for an extension, prosecutors said.
As Lee ignored the notifications and did not return to Taiwan, the Nantou County judiciary issued a wanted bulletin, accusing him of “obstructing military service.”
During a court hearing last year, Lee admitted that he had stayed in the US to work and evade military service.
The High Court said the initial fine was too low and as Lee had a high-paying job in the US, with a reported annual salary of NT$7.5 million, it raised the amount to NT$1 million.
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