A recent legal battle over the military duties of golfer Bae Sang-moon here brought back to surface years-old debate about how much consideration should be given to South Korean athletes playing overseas postponing the mandatary services for the sake of their careers.

Early Wednesday, the Daegu District Court backed the Military Manpower Administration, the local conscription agency, on its decision not to extend an overseas travel permit for Bae, currently staying in Canada to participate in the PGA Tour Canada.

The MMA had filed charges against Bae for violating the Military Service Act, which stipulates that any person subject to military conscription and whose travel permit has expired must return to Korea.

The public’s interest erupted at the news, and the 29-year-old golfer became one of the most frequently searched keywords on Naver and Daum, Korea’s biggest search engines. Within hours, Bae ― once hell-bent on postponing the enlistment ― threw in the towel.

“I respect the decision of the court, and will honor it humbly. I feel that returning home and fulfilling my military duties as soon as I can will help me mature further as a golfer,” said Bae, who has two PGA wins under his belt. He reiterated that he never intended to dodge his services and wanted only to improve his career.

The golfer’s case showed that military services remain a thorny issue for Korean athletes playing overseas.

Since the 1950-53 Korean War ceased in an armistice, the two Koreas remain technically at war. As such, all able-bodied Korean men are required by law to serve in the military for at least 21 months between ages 18 and 35. The service period varies according to branches: 21 months for the Army and the Marine Corp., 23 for the Navy and 24 for the Air Force.

Spending two years in the barracks is taxing for anyone not looking to pursue a career in the military, but it presents a bigger challenge for athletes as it coincides with the prime of their careers.

As an option for athletes to continue their playing careers, Korean law allows them to join Korea Armed Forces Athletic Corps. The KAFAC teams ― covering most major sports including soccer, baseball and basketball ― compete in division 2 leagues or with college leagues.

This allows players to hone their athletic skills during their service, although the limited roster means only a handful of players are able to benefit from the system.

But for players competing overseas, a two-year absence from their respective leagues posts hurdles in their careers.

Choo Shin-soo, an outfielder for the Texas Rangers, is one Korean athlete who recently wrestled with his military duties. In 2010, the then 28-year-old baseball player was running out of options as the military duty loomed over him.

The two-year absence would have severely affected his career, as he was on the verge of blossoming into a star.

His then-team, the Cleveland Indians, was also concerned. Choo confirmed in a TV interview the rumors that the Indians suggested Choo apply for U.S. citizenship. 

Fortunately for Choo, his concern was taken care of when the Korean national team won the gold at the 2010 Guangzhou Asian Games later that year.

Korea’s conscription law states that those who have contributed significantly to the nation through athletic or artistic skills are exempt from military duties, although they must go through four weeks of combat training. The law was implemented in 1981 and revised in 1984 and 1990. It applies to athletes who win a medal in an Olympics event or those receiving the top ranking at an international sporting competition where 15 or more countries are participating.

The law was later revised again in the 2000s. When the Korean men’s soccer team made the improbable trip to the semifinals of the 2002 FIFA World Cup, the government decided to revise the conscription law to exempt anyone who has advanced to the knock-out stages of the World Cup from military duty. Another clause was added to the conscription law to give the same benefit to the men’s baseball team in the 2006 World Baseball Classic, which also reached the semifinals.

Players like soccer player Park Ji-sung ― a key player in Korea’s 2002 World Cup run at the age of 21 ― were left free to roam the international stage without worrying about military duties.

But talks of favoritism forced the authorities to remove both clauses in 2007. Since 2008, the conscription law only exempts athletes who win a medal at an Olympics event or finish first in competition at the Asian Games.

Regardless of the exemption, conscription of players advancing overseas has always been a source of heated debate, with things not ending in such an amicable fashion for some.

While the fans’ support for Korea’s treasured players advancing overseas and broadening their career and Korea’s sports recognition is high, the public’s susceptibility to condemn any inkling of an attempt to dodge the demanding military service is equally prevalent, making the matter difficult to solve.

In 2001, Korean-born baseball player Baek Cha-seung in the U.S. was accused of attempting to dodge military duties when he refused to return to Korea after his travel permit expired. He was moving back and forth between the major and minor leagues at the time. Four years later, he renounced his Korean citizenship and became a U.S. citizen.

Baek recently claimed that he never intended to dodge military service and had only acquired U.S. citizenship to continue playing baseball, but it was well after he was labeled a “draft dodger” by the public.

Similar criticism befell once-prominent prospect Park Chu-young in 2012. The then 27-year-old forward for Arsenal in the English Premier League had obtained a 10-year residency in Monaco ― where he played for two years ― which allowed him to delay his service until he turned 37. 

Park eventually was exempt from military service after the Korean team grabbed a bronze medal at the 2012 London Olympics. But the public was not pleased by the fact that a player once hailed as Korean soccer’s golden boy used a loophole in the law to avoid military duties, and the subsequent furor pressured the MMA to revise the law.

“According to the regulation at the time, people could acquire travel permits a year after they got the green card. But now it takes three years to get the permit,” said an MMA official.

The revision had directly influenced Bae, who got the U.S. green card in 2013. He was previously permitted to stay abroad on a clause that allows students of tertiary education institutes to postpone their services until the age of 29.

Although Bae said he will join the military, the MMA has already filed charges against him for his refusal to return to Korea in December 2014. Local police will investigate him within 30 days of his return.

While Bae’s case is nearing the end, the military issue continues to provide hurdles for other Koreans pursuing athletic careers outside of Korea.

Several English clubs, including Liverpool, are rumored to be eyeing Son Heung-min, the Bayer Leverkusen attacker and one of the country’s brightest young star soccer players. But supporters of Liverpool have expressed concerns about acquiring a player who might miss two years in his prime due to conscription.

“If Son is required to enlist in 2020, this would mean that Liverpool would potentially only have access to his talents for four seasons ― the risks beyond this would be that any resale value of an inactive Son would plummet,” wrote Jack Lusby, a writer for “This is Anfield,” an independent Liverpool Football Club supporters’ website.

(minsikyoon@heraldcorp.com)