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RESERVE FORCES ACT

Act No. 14184, May 29, 2016

Amended by Act No. 14183, May 29, 2016

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters concerning the establishment, composition, organization, mobilization, etc. of reserve forces to defend the nation. <Amended by Act No. 14184, May 29, 2016>
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 2 (Duties)
The duties of the reserve forces shall be as follows: <Amended by Act No. 14184, May 29, 2016>
1. Preparation for mobilization for the enlistment in military units on active duty or the execution of military operations in time of war, armed conflicts, or other similar national emergencies;
2. Extermination of enemies or persons who carry arms under instructions of any anti-State organization (hereinafter referred to as "armed communist militia") in an area where they infiltrate or are likely to infiltrate;
3. Suppression of an armed riot in an area where such a riot occurs or is likely to occur (limited to any cases in which the police force alone is unable to suppress or cope with such riot);
4. Guarding of major facilities, armories, lines of communications, etc. in an area under subparagraphs 2 and 3;
5. Support for civil defense activities and operations under the Framework Act on Civil Defense.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 3 (Composition of Reserve Forces)
(1) The reserve forces shall be comprised of personnel prescribed in any of the following subparagraphs under the Military Service Act and those selected among Korean nationals volunteering therefor: Provided, That in particularly necessary cases prescribed by Presidential Decree, including a state of national emergency, the reserve forces may be comprised of enlisted men in reserve or replacement service in whose case such period prescribed in subparagraph 2 or 3 has passed: <Amended by Act No. 11636, Mar. 22, 2013; Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016>
1. Officers, warrant officers, or deputy officers in reserve service;
2. Enlisted men who are in reserve service from December 31 of the year in which the date eight years have elapsed since the day after they complete active service or full-time reserve service (including a person who is deemed to have completed active service);
3. Enlisted men in replacement service as of December 31 of the year including the date eight years have elapsed since the day after they complete service as social work personnel, international cooperation service personnel, art and sports personnel, public health doctors, doctors in exclusive charge of draft physical, international cooperation doctors, public-service advocates, public quarantine veterinarian (including any person who has completed compulsory service as public-service veterinarian), technical research personnel or skilled industrial personnel (including any person as enlisted for replacement service after completing active service or released from the call for social work personnel under Article 63 (2) of the Military Service Act).
(2) Notwithstanding the main sentence of paragraph (1), a person enlisted for replacement service after completing active service (including any person being in active service under Articles 21, 24 and 25 of the Military Service Act) or released from the call for on-the-ship reserve service personnel or social work personnel under Article 65 (1) of the same Act shall be excluded from the composition of the reserve forces: Provided, That this shall not apply if the reserve forces are comprised due to any ground prescribed in the proviso to paragraph (1). <Amended by Act No. 11849, Jun. 4, 2013>
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 3-2 (Organization, Dissolution, etc., of Reserve Forces)
(1) The reserve forces shall be organized within a community or workplace reserve forces according to each residential place or each workplace of their members, and the head of a workplace which has human resources of the reserve forces exceeding a scale prescribed by Presidential Decree shall organize and operate workplace reserve forces.
(2) Criteria for the establishment and organization of the reserve forces, the district boundaries thereof, and other necessary matters shall be prescribed by Presidential Decree.
(3) Persons of whom the reserve forces are to be comprised shall be organized thereinto according to the following classifications: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Persons of whom the reserve forces are to be comprised under Article 3 (1) 1 and 2: By the head of a regional office of military manpower having jurisdiction over their residential place (including the head of a branch office of military manpower; hereinafter referred to as "head of the competent regional office of military manpower") after the Commissioner of the Military Manpower Administration has been notified that they have completed military service in a troop or institution to which they belong by the Army, Navy or Air Force Chief of General Staff, the Minister of Justice, the Commissioner General of the Korean National Policy Agency, the Administrator of National Fire Agency, the Commissioner of the Korea Coast Guard;
2. Persons of whom the reserve forces are to be comprised under Article 3 (1) 3: By the head of the competent regional office of military manpower.
(4) Necessary matters concerning the organization of the reserve forces under paragraph (3) shall be prescribed by Presidential Decree.
(5) If a member of any community reserve forces moves the person's residential place, the person shall be organized into the relevant community reserve forces by the head of the competent regional office of military manpower having jurisdiction over the person's new residential place where the moving-in report is filed under Article 16 (1) of the Resident Registration Act.
(6) The head of any workplace where workplace reserve forces are organized shall, when employing persons to be enlisted in the reserve forces, enlist them in the said workplace reserve forces and notify the fact of such enlistment to the head of the competent regional office of military manpower having jurisdiction over its members.
(7) The head of any workplace where workplace reserve forces are organized shall, if members of the said workplace reserve forces are excluded from the organization thereof by reason that they retire from the workplace or transfer to other workplace, notify the fact of such exclusion to the head of the competent regional office of military manpower having jurisdiction over such members, who shall, in turn, enlist the members in the community reserve forces concerned.
(8) Necessary matters concerning the preparation, management, delivery, etc. of the organization card and list of the reserve forces for the organization and resources management thereof shall be prescribed by Presidential Decree.
(9) Where the workplace reserve forces fall under any reason prescribed by Presidential Decree, such as the case where the workplace reserve forces are operated in violation of their organization criteria, the head of the competent regional office of military manpower may order the head of the workplace to dissolve the workplace reserve forces.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 4 (Jurisdiction)
The Minister of National Defense shall exercise overall control over matters concerning the reserve forces.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 5 (Mobilization)
(1) The Minister of National Defense may, if deemed necessary for the reserve forces to muster for the performance of their duties, issue a mobilization order to muster in a designated place within a time frame prescribed by Presidential Decree to the members of the said reserve forces: Provided, That the said order may be withheld with respect to the members of the National Assembly, persons who are traveling or staying overseas, sailors of a ship or pilots and crews of an aircraft plying between Korea and overseas countries, or other persons prescribed by Presidential Decree.
(2) If a person to whom a mobilization order is issued has any reason falling under any of the following subparagraphs, such mobilization may be postponed at the person's request: Provided, That the same shall not apply to any person who has intentionally caused such a reason:
1. Where the person is unable to comply with the said order on account of any disease, or mental or physical disability;
2. Where the person is under detention pursuant to Acts;
3. Where the person is unable to comply with the said order on account of the ceremonies of coming of age, marriage, funeral and ancestral worship, natural disasters, or other inevitable grounds.
(3) If a member of the reserve forces residing in an area where a mobilization order is issued under paragraph (1) moves the person's residential place to any other area, the person shall, in accordance with Presidential Decree, make report to a commander of the reserve forces to which the person belongs.
(4) Members of the reserve forces shall, if the person is mobilized under paragraph (1), obey a legitimate order by the commander (including the chief of a brigade, regiment, battalion, company, platoon or squad of the reserve forces).
(5) Where the Minister of National Defense has mobilized the reserve forces but the reason for mobilization ceases to exist, he/she shall release the mobilization without delay.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 6 (Drill)
(1) The Minister of National Defense may train the members of the reserve forces for a period of up to 20 days annually, as prescribed by Presidential Decree. In such cases, the members of the National Assembly and persons prescribed by Presidential Decree shall join the drill: Provided, That such drill shall not be conducted during a period of election of public officials for which a national directly votes pursuant to any pertinent Act. <Amended by Act No. 12909, Dec. 30, 2014>
(2) When members of the reserve forces are mustered for drill under paragraph (1), they shall obey a legitimate order by the commander (including a drillmaster who takes charge of the drill).
(3) Notwithstanding paragraph (1), the drill may be withheld with respect to a person traveling or staying in a foreign nation, crew of a ship coming from or going overseas, the pilot or crew of an aircraft, or other persons prescribed by Presidential Decree. <Amended by Act No. 12909, Dec. 30, 2014>
(4) Article 5 (2) shall apply mutatis mutandis to the suspension of drill for a person who receives the drill order. <Newly Inserted by Act No. 12909, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 6-2 (Delivery, etc. of Muster Notice)
(1) When a member of the reserve forces is to be trained, a muster notice shall be delivered, in advance, to the person in question, as prescribed by Presidential Decree: Provided, That in cases of any unexpected drill or inspection for mobilization, a muster may, without delivering a muster notice, be made by giving a notice in any manner prescribed by Presidential Decree.
(2) In the absence of the person in question, a muster notice under paragraph (1) shall be delivered to the head of the same household, an adult among the family members, an employer of the said person, or a recipient chosen by the said person (a delivery to such recipient requires his/her prior consent) (hereafter referred to as "householder, etc." in this Article) and the householder, etc. shall, without delay, deliver it to the person in question. In such cases, a muster notice shall be deemed to have been delivered to the person in question when it is delivered to the householder, etc. <Amended by Act No. 13780, Jan. 19, 2016>
(3) A muster notice may be delivered by means of special service pursuant to postal service-related statutes by applying mutatis mutandis the provisions concerning service of the Civil Procedure Act (excluding Article 189 of the same Act) in any case prescribed by the Minister of National Defense as deemed specifically necessary in delivering a muster notice under paragraph (1) or (2).
(4) If the person in question consents thereto, a muster notice under paragraph (1) may be delivered in electronic form under Article 2 (1) 5 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 6-3 (Submission, etc. of Application for Withholding Mobilization, etc.)
(1) A person who intends to have the mobilization or drill withheld under the proviso to Article 5 (1) or Article 6 (3) shall submit an application for withholding to the company-commander of the reserve forces to which the person belongs.
(2) A person who has submitted an application for withholding under paragraph (1) shall, if the reason for withholding the mobilization ceases to exist due to dismissal or retirement from office of the applicant, the applicant's removal from the relevant register, etc., report the fact to the company-commander of the community reserve forces of the person's residence (the company-commander of the workplace reserve force when a person is working or will work for a workplace) within 14 days from the date when the reason for withholding the mobilization ceases to exist.
(3) Deleted. <by Act No. 11636, Mar. 22, 2013>
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 7 (Armament)
(1) Reserve forces may bear necessary arms to perform their duties.
(2) When the reserve forces are called, they may use arms to perform their duties under subparagraphs 2 through 4 of Article 2: Provided, That when they perform their duties under subparagraph 3 of Article 2 or their duties under subparagraph 4 of Article 2 in the area under subparagraph 3, they may use arms to the necessary minimum extent only if an armed riot cannot be suppressed or major facilities, etc. cannot be guarded without the use of arms.
(3) Matters concerning the maintenance and management of arms, ammunition, equipment, and other accessories for armament under paragraph (1) shall be performed by the commander of the military unit: Provided, That, if necessary, the commander of the military unit may entrust the person's duties to the chief of the police station, as prescribed by Presidential Decree; and the chief of the police station may entrust the person's duties to the commander of the workplace reserve forces unit.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 7-2 (Uniform)
When the reserve forces are mobilized to perform their duties or are called for drill, they shall wear a uniform or insignia prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 8 (Emergency Measures and Compensation)
(1) The Minister of National Defense may, if deemed necessary for the performance of the reserve forces’ duties, take any of the following measures, as prescribed by Presidential Decree:
1. Evacuation or escape order for residents;
2. Orders for restricting traffic, lighting or access;
3. Removal of a resident's assets hindering the execution of duties.
(2) The reserve forces may check up a person entering an area where the operations are conducted, only if deemed necessary for their operations.
(3) The State shall provide reasonable compensation, as prescribed by Presidential Decree, for those who suffer property loss due to measures taken under paragraph (1).
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 8-2 (Compensation for Disaster, etc.)
(1) When a mobilized member of the reserve forces is wounded or killed (including death by injury) while performing duties or drills (including the cases of moving to the designated place in compliance with the mobilization or muster for the drill or returning home after released from the mobilization or termination of the drill; hereinafter the same shall apply in this Article), compensation for disaster shall be paid to him/her, and when the person cannot engage in the person's occupation because of medical treatment under Article 9 (2), compensation for the loss caused by the suspension of business shall be paid to him/her during the corresponding period: Provided, That if a person receives the same kind of compensation borne by the State or a local government pursuant to other statutes, the amount equivalent to the said compensation shall not be paid. <Amended by Act No. 13567, Dec. 15, 2015>
(2) Matters necessary for the amount and payment of compensation under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 9 (Compensation and Medical Treatment)
(1) A person who has been mobilized and wounded during the person’s execution of duties or military drills (including the cases of moving to the designated place in compliance with the mobilization order or muster for the drill or returning home after released from the mobilization or termination of the drill; hereinafter the same shall apply), the person's family, and the bereaved family members of the deceased (including death from injury) shall become entitled to compensation under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran’s Compensation, as prescribed by Presidential Decree. <Amended by Act No. 11042, Sep. 15, 2011; Act No. 12405, Mar. 11, 2014; Act No. 13567, Dec. 15, 2015>
(2) When a member of the reserve forces is wounded in the person's execution of duties or during the person's military drills, the person may receive medical treatment in medical facilities operated by the State or a local government, as prescribed by Presidential Decree: Provided, That if there are no medical facilities operated by the State or a local government in the vicinity, and the person needs urgent medical treatment, the person may receive medical treatment in private medical facilities in the vicinity, as prescribed by Presidential Decree.
(3) Expenses incurred for the medical treatment under paragraph (2), shall be borne by the State if such treatment is given in medical facilities operated by the State or in private medical facilities while the expenses for medical treatment in medical facilities of a local government shall be borne by the local government concerned: Provided, That the State may subsidize a local government which bears the medical expenses.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 10 (Job Security)
An employer shall not give disadvantage to his/her employee who is mobilized as a member of the reserve forces or who receives drills as a member of the reserve forces, by regarding the period of mobilization or drill as days absent from their duties, or on account of their mobilization or their drill.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 10-2 (Attendance Assurance to Students Mobilized for Reserve Forces or Drill)
No head of a high school or higher educational institution may give disadvantage to students being mobilized or trained as a member of reserve forces, by regarding the period of mobilization or drill as days absent from their duties, or on account of their mobilization or their drill.
[This Article Newly Inserted by Act No. 13567, Dec. 15, 2015]
 Article 11 (Reimbursement of Actual Expenses)
The commander of the reserve forces and members of reserve forces mobilized or mustered for drill shall be provided with meals and reimbursed with other expenses actually incurred, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 12 (Prohibition on Political Campaign, etc.)
(1) The commander of the reserve forces or the person in charge of educating or lecturing as an outside lecturer during the drill of the reserve forces shall not conduct any of the following acts to the members of the reserve forces under his/her command using his/her position: <Amended by Act No. 11777, May 22, 2013>
1. An act requiring to perform duties other than those prescribed in this Act;
2. An act interfering with the exercise of the right of the members of the reserve forces;
3. An act supporting or opposing a specific party or candidate.
(2) The reserve forces shall not participate in a political campaign as an organized body.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 13 (Relationship to Military Service Act)
A person who is mobilized under Article 5 shall not be subject to any service other than joining the military on active duty, the call for the mobilization of military manpower, and the call for work in wartime prescribed in the Military Service Act.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 14 (Delegation and Entrustment of Authority)
(1) The Minister of National Defense may, if deemed necessary, delegate all or part of the person's authority to the head of the military unit under the person's control, as prescribed by Presidential Decree. In such cases, the head of the military unit to whom the authority is delegated shall exercise the person's authority according to the chain of command determined by the military organization.
(2) The Minister of National Defense or the head of the military unit to whom the authority is delegated under paragraph (1) may, where necessary, entrust any of the following authority to the chief of a police station having jurisdiction over the relevant area, as prescribed by Presidential Decree:
1. Mobilization of the members of the reserve forces under Article 5 (1);
2. Command of the operations of the reserve forces mobilized under subparagraph 1 and measures under Article 8 (1) and (2) necessary for the operations.
(3) The chief of a police station may mobilize the reserve forces for the performance of the person's duties where the situation is so urgent, and thus the person has no time to wait for the Minister of National Defense or the commander of a military unit duly delegated to mobilize the reserve forces, even if the person is not entrusted under paragraph (2). In such cases, the chief of the police station shall report the fact without delay to the head of the military unit and obtain approval.
(4) In cases under paragraph (2), the Minister of National Defense or the head of the military unit to whom the authority was delegated shall command and supervise the chief of each police station concerning the matters delegated or entrusted.
(5) If the armed forces are mobilized for operation in the district where the reserve forces are mobilized, the chief of the police station to whom the authority was delegated under paragraph (2) shall obey the order of the commander of the military unit concerned.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 14-2 (Duties of Commander of Reserve Forces Units and Grounds for Disqualification)
(1) The commander of the reserve forces shall direct and command the members of the reserve forces mobilized or called according to the chain of command and shall perform duties, including the management of the members of reserve forces and equipment, participation in the investigation of resources under Article 10 (1) and (3) of the Emergency Resources Management Act and other duties prescribed by Ordinance of the Ministry of National Defense.
(2) Persons falling under any of the grounds for disqualification in each subparagraph of Article 33 of the State Public Officials Act may not become a commander of reserve forces units.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 14-3 (Responsibility for Supporting and Fostering Reserve Forces)
(1) The head of each State agency, the head of each local government, and the head of each workplace where the workplace reserve forces are organized shall foster and support the reserve forces organized under the person's jurisdiction or in the workplace concerned.
(2) A defense council shall be established and operated in each administrative district and each workplace to nurture and support the reserve forces, and matters necessary for the detailed scope and operation thereof shall be prescribed by Presidential Decree.
(3) When the head of a military unit mobilizes the reserve forces pursuant to Article 5 (1), the chief of a police station concerned shall provide support to ensure efficient mobilization.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 15 (Penalty Provisions)
(1) A person who fails to comply with any military operational inspection by the mobilized reserve forces in an area where the operations are conducted under Article 8 (2) without any justifiable reason, or who assaults or threatens members of the reserve forces conducting the said inspection, shall be punished by imprisonment with labor for not more than three years: Provided, That the person shall be punished by imprisonment with labor for not more than five years in time of war, armed conflicts or belligerency with enemies or armed communist militia.
(2) A person who has his/her resident registration cancelled or has his/her domicile registered as unknown under Article 8 or 20 of the Resident Registration Act by failing to file a report under Article 10 of the said Act or by filing a false report without any justifiable ground, so as to make it impossible to issue a muster notice under Article 6-2, shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won. <Amended by Act No. 10650, May 19, 2011; Act No. 12791, Oct. 15, 2014>
(3) A person who participates in a political campaign, in violation of Article 12 (2), shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won. <Amended by Act No. 12791, Oct. 15, 2014>
(4) A person who fails to comply with the mobilization under Article 5 (1) without any justifiable ground, and a person who falsely changes the person's residential place with intent to evade such mobilization, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: Provided, That they shall be punished by imprisonment with labor for not more than five years in time of war or armed conflicts. <Amended by Act No. 12791, Oct. 15, 2014>
(5) If a person who guards arms, ammunitions and equipments of the reserve forces and other appurtenances thereto, or who is responsible for safeguarding them but loses them or has them stolen by negligence, the person shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 12791, Oct. 15, 2014>
(6) A commander of the reserve forces who violates Article 12 (1) shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won. <Amended by Act No. 12791, Oct. 15, 2014>
(7) A person who resists or disobeys a legitimate order of the commander under Article 5 (4) shall be punished by imprisonment with labor for not more than two years, by a fine not exceeding 20 million won, by misdemeanor imprisonment, or by a minor fine: Provided, That the person shall be punished by imprisonment with labor for not more than five years in time of war, armed conflicts, or belligerency with enemies or armed communist militia. <Amended by Act No. 12791, Oct. 15, 2014>
(8) A person who gives disadvantages without any justifiable ground to a person mobilized as a member or the reserve forces or a person under drill, in violation of Articles 10 and 10-2, shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won. <Amended by Act No. 12791, Oct. 15, 2014; Act No. 13567, Dec. 15, 2015>
(9) Any of the following persons shall be punished by imprisonment with labor for not more than one year, by a fine not exceeding 10 million won, by misdemeanor imprisonment, or by a minor fine: <Amended by Act No. 12791, Oct. 15, 2014>
1. A person who fails to receive drill under Article 6 (1) without any justifiable ground or who receives such drill on behalf of any other person subject thereto;
2. A person who resists or disobeys a justifiable order of the commander under Article 6 (2);
3. A person who fails to comply with an order necessary for the performance of duties of the reserve forces under Article 8 (1).
(10) If a person who is obligated to deliver a muster notice under Article 6-2 (2) fails to do so or destroys it or postpones such delivery without any justifiable reason, the person shall be punished by imprisonment with labor for not more than six months, or by a fine not exceeding five million won. The same shall apply where a person obligated to receive the said muster notice refuses to do so. <Amended by Act No. 12791, Oct. 15, 2014>
(11) A person who intentionally causes the withholding of mobilization or drill under Articles 5 (2) and 6 (3) or who commits any false act thereto shall be punished by imprisonment with labor for not more than three months, by a fine not exceeding three million won, or by misdemeanor imprisonment. <Amended by Act No. 12791, Oct. 15, 2014>
(12) A person who fails to make a report under Article 5 (3) or 6-3 (2) without any justifiable ground shall be punished by a fine not exceeding two million won, or by misdemeanor imprisonment.
[This Article Wholly Amended by Act No. 9945, Jan. 25, 2010]
 Article 16 Deleted. <by Act No. 9945, Jan. 25, 2010>
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2207, Aug. 3, 1970>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2260, Dec. 31, 1970>
This Act shall enter into force on January 1, 1971: Provided, That Article 14 (2) shall enter into force on July 1, 1971.
ADDENDUM <Act No. 2428, Dec. 30, 1972>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2669, Dec. 31, 1973>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 2782, Jul. 26, 1975>
(1) (Enforcement Date) This Act shall enter into force 30 days after the date of its promulgation.
(2) (Transitional Measures) If a person who is entitled to withholding or exemption from mobilization or drill under the previous provisions at the time this Act enters into force intends to continuously receive the withholding of mobilization or drill under this Act, he/she shall submit an application for withholding as prescribed in Article 6-3 within 60 days from the date when this Act enters into force.
ADDENDUM <Act No. 3344, Dec. 31, 1980>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 3595, Dec. 31, 1982>
This Act shall enter into force 30 days after the date of its promulgation.
ADDENDUM <Act No. 3700, Dec. 31, 1983>
This Act shall enter into force on January 1, 1984: Provided, That the amended provisions of Article 13 (2) shall enter into force on the date of the enforcement of the amended provisions of the Military Service Act No. 3696.
ADDENDA <Act No. 3853, Jul. 14, 1986>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1987.
(2) (Transitional Measures concerning Support Committee for Defense under Previous Provisions) The Support Committee for Defense under the previous provisions at the time this Act enters into force shall be considered as the Committee for Defense under the amended provisions of Article 14-3 (2).
ADDENDUM <Act No. 4044, Dec. 31, 1988>
This Act shall enter into force on January 1, 1989.
ADDENDUM <Act No. 4160, Dec. 30, 1989>
This Act shall enter into force on January 1, 1990: Provided, That the amended provisions of Article 3 (2) 4 shall enter into force on April 1, 1990.
ADDENDA <Act No. 4686, Dec. 31, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994.
Article 2 (Transitional Measures concerning Organization of Reserve Forces)
(1) A person who falls under any of the following subparagraphs at the time this Act enters into force shall be excluded from the organization of the reserve forces, notwithstanding the amended provisions of Article 3 (2):
1. A soldier on active duty or the conscripted reserves under the provisions of Article 57 (1) of the previous Military Service Act, who were placed in replacement status or exempted from the defense call;
2. A person discharged from the regular military services or from the military service as conscripted reserves (including those who are considered to be discharged from the regular military services or from the military service as conscripted reserves) who has not graduated from a middle school;
3. A private of the reserve service and a non-commissioned officer and private in replacement service who are over 33 years old on December 31, 1993.
(2) The conscripted reserves at the time this Act enters into force or the conscripted reserves inducted into the military service under the provisions of Article 4 of the Addenda of the Military Service Act which enters into force on January 1, 1994, who are exempted from the defense call under the provisions of Article 57 (1) of the previous Military Service Act, shall be excluded from the organization of the reserve forces, notwithstanding the amended provisions of Article 3 (2).
ADDENDA <Act No. 5271, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 1997.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5704, Jan. 29, 1999>
(1) (Enforcement Date) This Act shall enter into force on July 1, 1999.
(2) (Transitional Measures concerning Organization of Reserve Forces) With respect to the term of service as a member of the reserve forces of a person who completes the duties of defence call (including any such person as deemed to complete the duties of defence call) and who is enlisted in the reserve forces under previous provisions at the time this Act enters into force, such previous provisions shall apply.
(3) (Transitional Measures concerning Report of Member of Reserve Forces) A person of whom the reserve forces are to be composed before this Act enters into force shall make a report of a member of the reserve forces under previous provisions notwithstanding the amended provisions of Article 3-2 (3).
(4) (Transitional Measures concerning Penalty Provisions) The application of penalty provisions to any such act as committed before this Act enters into force, shall be subject to previous provisions.
ADDENDA <Act No. 6290, Dec. 26, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7270, Dec. 31, 2004>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Disqualification of Commander of Reserve Forces Units) The amended provisions of Article 14-2 (2) shall not apply due to the reasons occurring before this Act enters into force to the commander of reserve forces units who has already been appointed at the time this Act enters into force.
ADDENDA <Act No. 8422, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9574, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9945, Jan. 25, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The application of penalty provisions to an act committed before this Act enters into force shall be governed by the former provisions.
ADDENDUM <Act No. 10650, May 19, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDUM <Act No. 11636, Mar. 22, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11777, May 22, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12405, Mar. 11, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12791, Oct. 15, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of the Addenda, the amended parts of the Acts that are promulgated before this Act enters into force but their enforcement dates have yet to arrive shall enter into force on their respective enforcement dates of the applicable Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12909, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Drill)
The amended provisions of Article 6 (1) shall apply beginning with the members of the National Assembly whose terms newly begin by the general election for the members of the National Assembly first held after this Act enters into force.
ADDENDA <Act No. 13567, Dec. 15, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to acts committed before this Act enters into force.
ADDENDUM <Act No. 13780, Jan. 19, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions amending any Act that was promulgated before this Act enters into force but has yet to enter into force, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the respective date the relevant Act enters into force.
Articles 2 through 6 Omitted.