WINNER member Song Min-ho, who is currently on trial for violating the Military Service Act

Prosecutors sought a prison term for WINNER member Song Min-ho, who is accused of leaving his social service post without permission. He expressed willingness to return to service and appealed for leniency.

On the 21st, at the first hearing of Song Min-ho's Military Service Act violation case before Judge Seong Jun-gyu of Criminal Division 10 (single-judge) at the Seoul Western District Court, prosecutors requested one year and six months in prison.

“The defendant effectively did not perform his duties due to prolonged unauthorized absences, and appears to have provided false explanations of his attendance to the supervising agency,” the prosecution said in explaining the sentence request.

From March 2023 through December of the following year, while serving as a social service worker at a facility in Mapo-gu, Seoul, Song Min-ho is alleged to have been absent without leave for a total of 102 days. That is about one quarter of the total service days (430 days).

Appearing in horn-rimmed glasses and a suit, Song Min-ho said, “As someone who receives the love of many people, I am sorry for showing a shameful side rather than setting an example,” adding, “If I am given the opportunity to return to service, I want to complete it faithfully to the end.”

While fully admitting the charges, Song Min-ho nevertheless appealed for leniency by playing the ‘re-service card’. However, reservice is not something he can choose; it is a compulsory measure if a guilty verdict becomes final.

The reservice he mentioned appears to mean extended service. Rather than starting ‘from the very beginning’, it would involve making up the days he absented himself without leave.

Article 33 of the Military Service Act provides that when a social service worker leaves service without a justifiable reason, the period of service is extended by five times the days of absence. However, if an absence of eight days or more leads to criminal punishment, the fivefold extension provision does not apply.

In the case of Song Min-ho, if criminal punishment is finalized, he would have to make up 102 days rather than 510 days.

Criminal punishment does not refer only to an actual prison term. A suspended sentence also imposes imprisonment but stays its execution for a certain period, and thus constitutes criminal punishment.

If a suspended sentence is imposed, he can return to service immediately after the judgment becomes final. If an actual prison term is imposed, service is suspended during incarceration, and after serving the sentence he must complete the remaining 102 days.

When it requested an investigation in December 2024, the Military Manpower Administration stated, “If inadequate service is recognized, after canceling the release from call-up, we plan to require reservice for the period not served.”

His attorney argued that he is receiving treatment for bipolar disorder, panic disorder, and a cervical rupture, stating that he is experiencing physical and mental pain severe enough to make normal work difficult.

Song Min-ho also said, “I suffer from bipolar disorder and panic disorder, but I know well that this illness must not become a pretext or an excuse.”

The court scheduled the continued hearing for co-defendant Mr. Lee, the service management officer, for the 21st of next month. Whether Lee falsified or condoned entries in the attendance log is expected to be another point of contention in the case.