K-enter industry shaken by the Military Manpower Administration due to Kai's enlistment

The domestic entertainment industry is in turmoil over EXO Kai's sudden enlistment. This is because entertainment companies were forced to completely revise their mid- to long-term artist activity plans due to the Military Manpower Administration's sudden change in interpretation of regulations. There are many voices in the industry that say the Military Manpower Administration should have been given more time as it is related to the K-Entertainment industry.

According to the K Entertainment industry on the 9th, the industry is in a state of emergency over the recent change in interpretation of the Military Manpower Administration's enlistment postponement regulations. This is the aftermath of the news that Kai, a member of popular group EXO, will be enlisting on the 11th. SM Entertainment released a statement saying, “This is due to a sudden change in regulations by the Military Manpower Administration.”

Why did Kai suddenly enlist in the military, which was not planned? According to the current enlistment regulations, a total of 5 postponements are possible over 2 years. Postponement of enlistment is possible for various reasons such as illness, natural disaster, employment (under 24 years of age), starting a business, or unavoidable reasons. Until now, the Military Manpower Administration has recognized postponement of enlistment for entertainment activities due to ‘unavoidable reasons’ or ‘employment’. In practice, up to 5 times were recognized. This is because the purpose of the enlistment postponement rule was to allow as much as possible the postponement of enlistment based on individual circumstances.

However, the Military Manpower Administration limited the postponement of enlistment to ‘2 times’, which was normally possible up to 5 times. The main reason is that the interpretation of legal provisions has changed. According to the information regarding postponement of enlistment posted by the Military Manpower Administration on its website, it is stated that in case of other unavoidable reasons, postponement is possible within a period of 3 months. In parentheses it is written, ‘If the reason for postponement continues, 3 months will be added.’ The Military Manpower Administration appears to have judged this to be a maximum of two times. This means that among the 5 reasons for postponement of enlistment, other unavoidable reasons cannot be applied repeatedly, and if 3 months are added once applied, it is interpreted as a total of 2 postponements.

On the other hand, some point out that the regulations themselves are ambiguous. A counterargument can also be raised that it can be applied differently when other unavoidable reasons arise in a different form. The regulation itself is a ‘positive regulation’ that lists 23 ways to postpone enlistment. In the case of these restrictions, the interpretation needs to be more stringent and clear. If it is not clearly defined, the usual interpretation of the regulation is to interpret it to the benefit of the regulated party.

Looking at the reasons for postponing the enlistment date announced by the Military Manpower Administration, it is only stated that the number of times the enlistment date is postponed cannot exceed 5 times, and there is no explanation of the 'limitation rule' that each item is applied only once. This is why interpretations have been different even within the Military Manpower Administration.

It is pointed out that the background to the Military Manpower Administration's reinterpretation of the reason for postponement of enlistment as a strict restriction is due to negative social perception of 'celebrity military service'. Recently, rapper Ravi was sentenced to two years in prison on the 11th of last month on charges of 'evading military service.' It is alleged that Mr. Goo, the military service broker, and Mr. Kim, the representative of the agency, conspired to submit a false epilepsy diagnosis and attempt to avoid military service.

The Military Manpower Administration plans to apply the same standards to idols who are about to serve in the military. An official from the Military Manpower Administration said, “The principle is to follow the existing regulations,” and added, “We will continue to take action in accordance with the regulations in the future.”

<Director Lee Ki-sik of the Military Manpower Administration>

The problem is that this change in interpretation by the Military Manpower Administration is too sudden and has no practical benefit. Even looking at the notices on the website, it is difficult to find a clear rule that 'other unavoidable reasons' are limited to a maximum of two times. Even if the content is applied in practice, the fact that it is not codified in the relevant regulations means that there is room for different interpretations.

Even if the Military Manpower Administration clearly changed the regulations for public interest reasons, many point out that there should be a minimum period of time. In particular, as the government is emphasizing the development of K-entertainment, it was necessary to postpone enlistment for about 2 years, which is the total period of postponement, and to go through a clear notice of the regulations and an adaptation period.

The market capitalization of the four major entertainment companies amounts to 20 trillion won. More than half of their sales already come from overseas. It has established itself as a clear cultural export company. Our artists are the biggest contributors to earning foreign currency. There were ample ways for the Military Manpower Administration to achieve the public interest goal of ‘fulfilling military service obligations’ while simultaneously protecting Korea’s major industries.

It wasn't that the celebrities who postponed their enlistment said they wouldn't enlist. It is a point of concern as to who and what the interpretive logic put forward by the Military Manpower Administration while shaking up administrative stability is for. It was the Military Manpower Administration that made the interpretation of the regulations ambiguous from the beginning. It is unfortunate that the Military Manpower Administration suddenly changed the interpretation of regulations when there was no real benefit, and the reality of the K-Entertainment industry being shaken as a result. Even now, we need to reconsider the actual benefits.

Reporter Junho Yoon, Ten Asia delo410@tenasia.co.kr