MILITARY SERVICE ACT
Wholly Amended by Act No. 4685, Dec. 31, 1993
Amended by Act No. 4840, Dec. 31, 1994
Act No. 5153, Aug. 8, 1996
Act No. 5161, Aug. 16, 1996
Act No. 5271, Jan. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5758, Feb. 5, 1999
Act No. 5757, Feb. 5, 1999
Act No. 6058, Dec. 28, 1999
Act No. 6290, Dec. 26, 2000
Act No. 6287, Dec. 26, 2000
Act No. 6502, Aug. 14, 2001
Act No. 6547, Dec. 29, 2001
Act No. 6749, Dec. 5, 2002
Act No. 6809, Dec. 26, 2002
Act No. 6972, Sep. 3, 2003
Act No. 6997, Dec. 11, 2003
Act No. 7186, Mar. 11, 2004
Act No. 7272, Dec. 31, 2004
Act No. 7430, Mar. 31, 2005
Act No. 7541, May 31, 2005
Act No. 7845, Jan. 2, 2006
Act No. 7897, Mar. 24, 2006
Act No. 7977, Sep. 22, 2006
Act No. 8024, Oct. 4, 2006
Act No. 8243, Jan. 19, 2007
Act No. 8372, Apr. 11, 2007
Act No. 8422, May 11, 2007
Act No. 8447, May 17, 2007
Act No. 8435, May 17, 2007
Act No. 8549, Jul. 27, 2007
Act No. 8749, Dec. 21, 2007
Act No. 8834, Dec. 31, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9620, Apr. 1, 2009
Act No. 9754, jun. 9, 2009
Act No. 9932, Jan. 18, 2010
Act No. 9946, Jan. 25, 2010
Act No. 9955, Jan. 25, 2010
Act No. 10703, May 24, 2011
Act No. 10704, May 24, 2011
Act No. 10814, Jul. 5, 2011
Act No. 10866, Jul. 21, 2011
Act No. 11042, Sep. 15, 2011
Act No. 11093, Nov. 22, 2011
Act No. 11530, Dec. 11, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11849, jun. 4, 2013
Act No. 12560, May 9, 2014
Act No. 12684, May 28, 2014
Act No. 12906, Dec. 30, 2014
Act No. 13425, Jul. 24, 2015
Act No. 13566, Dec. 15, 2015
Act No. 13778, Jan. 19, 2016
Act No. 14170, May 29, 2016
Act No. 14183, May 29, 2016
Act No. 14184, May 29, 2016
Act No. 14555, Feb. 8, 2017
Act No. 14611, Mar. 21, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15054, Nov. 28, 2017
Act No. 15270, Dec. 19, 2017
Act No. 16279, Jan. 15, 2019
Act No. 16356, Apr. 23, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters concerning the mandatory military service by the citizens of the Republic of Korea.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| (1) | The terms used in this Act shall be defined as follows: <Amended by Act No. 9955, Jan. 25, 2010; Act No. 10704, May 24, 2011; Act No. 11530, Dec. 11, 2012; Act No. 11849, Jun. 4, 2013; Act No. 13425, Jul. 24, 2015; Act No. 14170, May 29, 2016; Act No. 14183, May 29, 2016; Act No. 16279, Jan. 15, 2019> |
| 1. | The term "conscription" means that the State imposes a duty to perform active service on any person liable for military service to serve in the military; |
| 2. | The term "call-up" means that the State imposes a duty to perform military service, other than active duty service, or to serve in the field of public interest, on a person in reserve service, supplementary service, or the wartime labor service, among persons liable for military service or persons performing military service through volunteering [referring to a feminine gender performing active service through volunteering in accordance with the latter part of Article 3 (1)]; |
| 3. | The term "enlistment in the military" means that a person liable for military service enters a military unit through conscription, call-up, or volunteering; |
| 4. | The term "officer cadet" means a cadet who receives education, training, etc. at a military educational institution, training agency, etc. to be assigned for military register as an officer, warrant officer, or noncommissioned officer; |
| 5. | The term "employer" means the head of a public or private enterprise or organization governed by the Labor Standards Act, who employs a person liable for military service; |
| 6. | The term "doctor specializing in the draft physical examination" means a person who is qualified as a medical doctor or dentist and is employed as a public official in general service prescribed by Presidential Decree pursuant to the State Public Officials Act to perform duties related to physical examinations, etc.; |
| 7. | The term "secondment" means that the status of a person serving as an active duty serviceman is changed so that he may perform the duties of an auxiliary police officer or obligatory fire fighter; |
| 8. | The term "full-time reserve service" means personnel who are called up and perform active duty service to support the defense of their homeland and affairs related thereto, after having performed active service as an active duty serviceman for a specified period and then transferred to reserve service; |
| 10. | The term "social work personnel" means persons called up to serve in the field of public interest to support social service duties, administrative duties, etc. related to social welfare, hygiene, medical service, education, culture, environment, safety, etc., which are necessary for the following agencies, etc. serving public interest: |
| (c) | Public organizations; |
| 10-2. | Deleted; <by Act No. 13778, Jan. 19, 2016> |
| 10-3. | The term "art and sports personnel" means persons with special skills in the field of arts or sports who are assigned pursuant to Article 33-7 and perform duties in the field of arts or sports to promote culture and enhance national prestige; |
| 12. | Deleted; <by Act No. 13778, Jan. 19, 2016> |
| 13. | The term "public-service advocate" means a person who is qualified as an attorney-at-law and is engaged in legal aid affairs or legal affairs necessary for performing duties of the State or local governments which have public objectives under the Public-Service Judge Advocates Act; |
| 14. | The term "doctor exclusively in charge of the draft physical examination" means a person who is qualified as a medical doctor or dentist and is assigned to engage exclusively in physical examinations, etc. in the military under Article 34; |
| 16. | The term "expert research personnel" means persons assigned to serve as expert research personnel as prescribed in Article 36 to carry out research on learning and technology, and engaged in any research affairs in the relevant technical field; |
| 17. | The term "industrial technical personnel" means persons assigned to serve as industrial technical personnel as prescribed in Article 36 to foster and support the industries, and engaged in the relevant field; |
| 18. | The term "military service-designated entity" means any of the following entities where expert research personnel or industrial technical personnel are to be in service: |
| (a) | A research institution, key industrial enterprise, or defense enterprise selected by the Commissioner of the Military Manpower Administration under Article 36; |
| 19. | The term "public organization" means a corporation or organization established under statutes to attain public objectives, which is prescribed by Presidential Decree. |
| (2) | Where this Act prescribes the ages to provide military service, the term "from xx years of age" means "from the 1st of January in the year in which he attains that age," and the term "to xx years of age" means "until the 31st of December in the year in which he attains that age." |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 3 (Mandatory Military Service) |
| (1) | Every masculine gender of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A feminine gender may perform only active service or reserve service through volunteering. <Amended by Act No. 10703, May 24, 2011; Act No. 10704, May 24, 2011> |
| (2) | Except as provided in this Act, no special case concerning mandatory military service shall be prescribed. |
| (3) | Any person wishing to engage in mandatory military service or voluntary military service under paragraph (1) shall be protected against discrimination on the grounds of race, skin color, etc. |
| (4) | No person liable for military service but sentenced to imprisonment with or without labor for at least six years is allowed to perform military service, and his name shall be expunged from the military register. <Amended by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 4 (Relationship with the Military Personnel Management Act) |
Except as provided in this Act, the Military Personnel Management Act shall apply to the service, etc. of those enlisted in the military through conscription, call-up, or volunteering. [This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 5 (Categories of Military Service) |
| (1) | Military service shall be classified as follows: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | Active duty service: Any of the following persons: |
| (a) | Men enlisted in the military through conscription or volunteering; |
| (b) | Officers, warrant officers, noncommissioned officers and officer cadets appointed or selected to serve on active duty as prescribed by this Act or the Military Personnel Management Act; |
| 2. | Reserve service: Any of the following persons: |
| (a) | Persons who have completed active duty service; |
| (b) | Other persons transferred to reserve service pursuant to this Act; |
| 3. | Supplementary service: Any of the following persons: |
| (a) | Persons found to be capable of serving on active duty as a result of a draft physical examination, but not determined as those subject to enlistment in the military as active duty soldiers due to the supply and demand conditions of the armed forces; |
| (b) | Any of the following persons, who are performing or have completed their service or mandatory service: |
| (i) | Social work personnel; |
| (ii) | Deleted; <by Act No. 13778, Jan. 19, 2016> |
| (iii) | Art and sports personnel; |
| (iv) | Public health doctors; |
| (v) | Doctors exclusively in charge of the draft physical examination; |
| (vi) | Deleted; <by Act No. 13778, Jan. 19, 2016> |
| (vii) | Public-service advocates; |
| (viii) | Public quarantine veterinarians; |
| (ix) | Expert research personnel; |
| (x) | Industrial technical personnel; |
| (c) | Other persons assigned to supplementary service pursuant to this Act; |
| 4. | Preliminary military service: Persons liable for military service, but not in active duty service, reserve service, supplementary service, or wartime labor service; |
| 5. | Wartime labor service: Any of the following persons: |
| (a) | Persons determined to be incapable of performing active duty service or supplementary service as a result of a draft physical examination or a physical examination, but to be capable of engaging in military support affairs through a call-up for wartime labor; |
| (b) | Other persons assigned to the wartime labor service pursuant to this Act. |
| (2) | Those transferred to reserve service shall be classified into officers, warrant officers, noncommissioned officers, or men enlisted for reserve service; those assigned to supplementary service, into officers, warrant officers, noncommissioned officers, or men enlisted for supplementary service; and those transferred to the wartime labor service, into noncommissioned officers or men enlisted in the wartime labor service. <Amended by Act No. 14183, May 29, 2016> |
| (3) | Each person liable for military service shall be recorded in the military register of the relevant military service, and matters necessary for the management of such military register shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
[Nonconformity to the Constitution, 2011 Hun-Ba 379, Jun. 28, 2018, Article 5 (1) of the Military Service Act (Amended by Act No. 14183, May 29, 2016) is inconsistent with the Constitution. Aforesaid provision shall be applicable until the amendment to be made by a legislator, not later than December 31, 2019]
| Article 6 (Service of Notice of Obligation for Military Service) |
| (1) | The director of each regional military manpower office (including the head of each military manpower branch office; hereafter the same shall apply in this Article) shall serve a notice of obligation to render military service (hereinafter referred to as "notice of obligation for military service") on persons liable for military service by post or hand delivery, or through information and communications networks (hereinafter referred to as "service by electronic means"). <Amended by Act No. 9946, Jan. 25, 2010> |
| (2) | A notice of obligation for military service shall be served at least 30 days prior to the date of the mandatory military service: Provided, That in cases prescribed by Presidential Decree, such as military force mobilization training and checking a call for war-time labor service, it shall be served at least seven days prior to such date. <Newly Inserted by Act No. 15054, Nov. 28, 2017> |
| (3) | Notwithstanding paragraph (2), the deadline for service of a notice may be set differently by Presidential Decree in cases of a natural disaster, war or public disturbance or in other unavoidable circumstances prescribed by Presidential Decree. <Newly Inserted by Act No. 15054, Nov. 28, 2017> |
| (4) | Where the director of a regional military manpower office has served a notice of obligation for military service as prescribed in paragraph (1), he shall receive the receipt thereof: Provided, That where such notice of obligation for military service has been forwarded by registered mail, confirmation that such notice has been received may substitute therefor, and in the case of service by electronic means, methods prescribed by Presidential Decree, such as input of such notice at the email address designated by a person liable for military service, may substitute therefor. <Newly Inserted by Act No. 9946, Jan. 25, 2010; Act No. 15054, Nov. 28, 2017> |
| (5) | Where a person liable for military service is absent, the notice shall be served on the head of the household, adult member of his family, his employer, or a notice recipient appointed by him, and the person who has received the notice shall deliver it without delay to the person liable for military service. In such cases, the notice of obligation for military service shall be deemed to have been served on the person liable for military service when it was served on the person prescribed in the former part of this paragraph. |
| (6) | When a notice of obligation for military service is served as prescribed in paragraphs (1) through (5), the notice determined by the Commissioner of the Military Manpower Administration as he/she acknowledges it to be especially necessary and the returned notice may be served by a special delivery method as prescribed in postal statutes and regulations by applying mutatis mutandis the provisions concerning service of the Civil Procedure Act. <Amended by Act No. 9946, Jan. 25, 2010; Act No. 15054, Nov. 28, 2017> |
| (7) | Service by electronic means shall be carried out only when the person on whom a notice of obligation for military service is to be served gives consent thereto, as prescribed by Presidential Decree. <Newly Inserted by Act No. 9946, Jan. 25, 2010> |
| (8) | Notwithstanding paragraph (7), where service by electronic means is impossible due to failures in information and communications networks or other causes prescribed by Presidential Decree exist, it may be served by post or hand delivery. <Newly Inserted by Act No. 9946, Jan. 25, 2010; Act No. 15054, Nov. 28, 2017> |
| (9) | Matters necessary for procedures, etc. for the service of a notice of obligation for military service by electronic means under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 9946, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 7 (Certificate of Military Service and Certificate of Discharge from Military Service) |
| (1) | The director of the regional military manpower office having jurisdiction over the residence of a person liable for military service shall deliver a certificate of military service to the person liable for military service who has undergone a draft physical examination, and the commanding officer of the military unit having control over him shall deliver him a certificate of discharge from military service when he is discharged. <Amended by Act No. 10704, May 24, 2011; Act No. 14183, May 29, 2016> |
| (2) | The time and procedure of delivery of a certificate of military service or certificate of discharge from military service, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER II ENLISTMENT FOR PRELIMINARY MILITARY SERVICE
| Article 8 (Enlistment for Preliminary Military Service) |
Every male of the Republic of Korea shall be enlisted for the preliminary military service when he attains the age of 18 years. <Amended by Act No. 10704, May 24, 2011; Act No. 14183, May 29, 2016>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 9 (Survey of Those to Be Enlisted for Preliminary Military Service) |
| (1) | The Minister of the Interior and Safety shall notify the Commissioner of the Military Manpower Administration of the electronic data of resident registration of masculine genders reaching 18 years of age each year, which is necessary to survey persons to be enlisted for the preliminary military service. <Amended by Act No. 10704, May 24, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14183, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner of the Military Manpower Administration may request the Minister of the National Court Administration to provide computerized data on the registration of family relationship of masculine genders reaching 18 years of age each year in order to survey persons who are not recorded in the resident registration system but are subject to enlistment for the preliminary military service. <Amended by Act No. 10704, May 24, 2011; Act No. 14183, May 29, 2016> |
| (3) | Matters necessary for the scope of and procedures for notifying computerized data on resident registration under paragraph (1) and for surveying persons subject to enlistment for the preliminary military service but not recorded in the resident registration system on the ground that they were born abroad, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 14183, May 29, 2016> |
| (4) | Matters necessary for surveying those to be enlisted for the preliminary military service pursuant to paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER III DRAFT PHYSICAL EXAMINATION
| Article 10 (Survey of Persons Subject to Draft Physical Examination) |
| (1) | The director of each regional military manpower office shall survey every year persons liable to undergo a draft physical examination under Article 11 in the following year, compile computerized military register files, and have them undergo a draft physical examination. The same shall also apply to persons whose resident registration has indisputable errors or has been revised and who are obliged to undergo a draft physical examination. <Amended by Act No. 14183, May 29, 2016> |
| (2) | Matters necessary to survey persons obliged to undergo a draft physical examination and to compile and manage computerized military register files under paragraph (1) shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 11 (Draft Physical Examination) |
| (1) | Every person liable for military service shall undergo a draft physical examination at the time and place designated by the director of the regional military manpower office in the year when he turns 19 years old to determine whether he is capable of performing military service: Provided, That in consideration of the manpower demand in the military and the supply and demand of draftee resources for military service, some of the 19-year-old persons may be permitted to undergo a draft physical examination in the year they turn 20 years old. <Amended by Act No. 14183, May 29, 2016> |
| (2) | A person who is obliged to undergo a draft physical examination and fails to do so or a person who had his draft physical examination postponed and for whom the cause of such postponement ceases to exist shall undergo the draft physical examination in the relevant year or the following year. <Amended by Act No. 14183, May 29, 2016> |
| (3) | The draft physical examination shall be divided into a physical examination and a psychological test. <Amended by Act No. 14183, May 29, 2016> |
| (4) | In the physical examination referred to in paragraph (3), all parts of the body shall be examined through a surgical test, internal examination, etc., and if necessary, a clinical pathology test, radiographing, etc. may be conducted. In such cases, the examination may be entrusted to a medical institution under the Medical Service Act, as prescribed by Presidential Decree, if it is difficult to ascertain the severity of disease or mental or physical disorder. |
| (5) | Through the psychological test referred to in paragraph (3), the individual's emotion, personality, etc. shall be assessed by observation of the individual's words and deeds, interview, examination in writing, etc. and if necessary, a detailed psychological test may be conducted to specifically check the mental and psychological status, etc.: Provided, That, if it is difficult to check the severity of disease or mental and physical disorder, the test may be entrusted to a medical institution under the Medical Service Act as prescribed by Presidential Decree. <Newly Inserted by Act No. 15054, Nov. 28, 2017> |
| (6) | In the event that any person who has failed to undergo a draft physical examination undergoes a physical examination for volunteers for active duty service conducted by the Commissioner of the Military Manpower Administration in accordance with Article 20 (1) (hereinafter referred to as "physical examination for volunteers for active duty service"), he shall be deemed to have undergone a draft physical examination under paragraph (1): Provided, That in cases of a person aged 18, the same shall apply only to where his physical grade is judged Grade V or VI provided for in Article 12 (1). <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 11-2 (Request for Submission of Materials, etc.) |
| (1) | If a doctor exclusively in charge of the draft physical examination, a doctor specializing in the draft physical examination, or a military surgeon dispatched for a physical examination pursuant to Article 12-2 deems it necessary to ascertain disease or mental or physical disorder in connection with a draft physical examination, the director of a regional military manpower office may request the head of a medical institution under the Medical Service Act, the head of the National Health Insurance Corporation under the National Health Insurance Act, the head of a school under the Elementary and Secondary Education Act and others to submit the medical record, details of treatment, school life record, and student health record of a person subject to the draft physical examination. In such cases, the person requested to submit such materials shall comply therewith, unless any special reason exists to the contrary. <Amended by Act No. 14183, May 29, 2016; Act No. 14611, Mar. 21, 2017> |
| (2) | No one may disclose or leak information or materials about a person subject to draft physical examination acquired in accordance with paragraph (1), furnish any third party with such information or materials, nor use them for any purpose other than a draft physical examination. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 12 (Determination of Physical Grades) |
| (1) | Doctors exclusively in charge of the draft physical examination, doctors specializing in the draft physical examination, or military surgeons under Article 12-2 who have performed a physical examination (including physical examination for volunteers for active duty service) shall determine physical grades as follows: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Those whose physical and psychological constitution is healthy enough to perform active or supplementary service shall be determined at Grade I, II, III or IV according to their physical and psychological condition; |
| 2. | Those incapable of entering active or supplementary service but capable of entering the wartime labor service shall be determined at Grade V; |
| 3. | Those incapable of performing military service due to disease or mental or physical disorder shall be determined at Grade VI; |
| 4. | Those unable to be graded according to subparagraphs 1 through 3, due to any disease or mental or physical disorder, shall be determined at Grade VII. |
| (2) | A deliberative council on physical grades may be established in the Military Manpower Administration, regional military manpower offices, and an institution accountable for the affairs related to determination of physical grades under the control of the Military Manpower Administration to deliberate on the accuracy of determination of physical grades under paragraph (1). <Amended by Act No. 14183, May 29, 2016> |
| (3) | For persons determined at Grade VII (excluding any person who is aged 18 and has undergone a physical examination for volunteers for active duty service) under paragraph (1) 4, the director of each regional military manpower office shall have them undergo a follow-up physical examination, taking into consideration their recovery period. In such cases, the period allowable for such follow-up physical examination shall be within two years from the date when he is determined at Grade VII as a result of the physical examination. <Amended by Act No. 10704, May 24, 2011> |
| (4) | The criteria for determining physical grades under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense. <Amended by Act No. 14183, May 29, 2016> |
| (5) | Matters necessary for the organization and operation of the deliberative council on physical grades under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 12-2 (Dispatch of Military Surgeons) |
| (1) | Where the Commissioner of the Military Manpower Administration deems it difficult to perform physical examination duties, etc. only with doctors exclusively in charge of the draft physical examination and doctors specializing in the draft physical examination, he/she may request the Minister of National Defense to dispatch military surgeons necessary to perform the duties, etc. <Amended by Act No. 14183, May 29, 2016> |
| (2) | Matters necessary for the dispatch, etc. of military surgeons referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 13 (Classification, Determination, etc. of Aptitude) |
| (1) | With respect to those whose physical grade is determined at any one of Grades I through IV as a result of physical examination (including physical examination for volunteers for active duty service), the director of each regional military manpower office shall classify and determine the aptitude required for military service, taking into consideration their qualifications, license, main field of study, etc., and the chief of staff of each service branch shall assign each of them to an arm of service suitable for his aptitude. <Amended by Act No. 10704, May 24, 2011; Act No. 14183, May 29, 2016; Act No. 14611, Mar. 21, 2017> |
| (2) | Matters necessary for the classification, determination, etc. of aptitude under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 13-2 (Request for Submission of Materials concerning Qualification, License, etc.) |
| (1) | With respect to the classification and determination of aptitude pursuant to Article 13, the director of a regional military manpower office may request a person provided for in any of the following subparagraphs to submit materials concerning the acquisition or revocation of a qualification or license of an individual required to undergo a draft physical examination under Article 11. In such cases, the person requested to submit such materials shall comply therewith unless any special reason exists to the contrary: |
| 1. | A State agency or local government; |
| (2) | No one shall disclose or leak information or materials acquired in accordance with paragraph (1), furnish any third party with such information or materials, or otherwise use them for any purpose other than the classification and determination of aptitude. |
[This Article Newly Inserted by Act No. 14611, Mar. 21, 2017]
| Article 14 (Disposition for Military Service, etc.) |
| (1) | The director of each regional military manpower office shall issue any of the following military service dispositions on persons who have undergone a draft physical examination (including those who have undergone a physical examination at a military hospital) or a physical examination for volunteers for active duty service. In such cases, for persons who have undergone a physical examination for volunteers for active duty service and attained 18 years of age, a disposition for military service shall be issued to them only when their physical grade is determined at Grade V or VI: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Persons falling under any of Physical Grades I through IV: To be enlisted for active duty service, supplementary service, or the wartime labor service, based on their qualifications, such as educational background and age; |
| 2. | Persons falling under Physical Grade V: To be enlisted for the wartime labor service; |
| 3. | Persons falling under Physical Grade VI: To be exempted from military service; |
| 4. | Persons falling under Physical Grade VII: To undergo a follow-up physical examination. |
| (2) | Those determined at Physical Grade VII as a result of the follow-up physical examination conducted under Article 12 (3) after having been given a disposition for a follow-up physical examination as prescribed in paragraph (1) 4 shall be assigned to the wartime labor service, as prescribed by Presidential Decree: Provided, That any person who falls under the wartime labor service under Article 65 (1) 2 or 3 may enlist for the wartime labor service without a follow-up physical examination. <Amended by Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| (3) | The criteria for assigning any person falling under paragraph (1) 1 to be enlisted for active or supplementary service shall be determined by the Commissioner of the Military Manpower Administration. |
| (4) | Where it is necessary due to any change in the demand and supply of military service resources, enlistment plan, etc., the Commissioner of the Military Manpower Administration may change the assignment of the persons to be enlisted for active duty service, among those assigned as prescribed in paragraph (1) 1, to supplementary service. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 14-2 (Follow-up Draft Physical Examination) |
| (1) | The director of each regional military manpower office shall conduct a follow-up draft physical examination for persons qualified for active duty service and persons enlisted for supplementary service, in the fifth year from the year immediately following the year during which such disposition was issued, if they have not been conscripted or called up by December 31 falling four years immediately after the year during which such disposition was issued. <Amended by Act No. 14183, May 29, 2016> |
| (2) | Matters necessary for the persons exempted from a follow-up draft physical examination, the timing for a draft physical examination, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 14183, May 29, 2016> |
| (3) | The provisions of Articles 10 through 14 shall apply mutatis mutandis to the procedures for and method of a follow-up draft physical examination. <Amended by Act No. 14183, May 29, 2016> |
| (4) | Where a person assigned to active duty service or supplementary service as a result of a follow-up draft physical examination falls under Article 60 (2) or 61 (1), it shall be deemed that conscription, call-up, or enlistment date has been continuously postponed. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER IV SERVICE OF ACTIVE DUTY SERVICEMEN
SECTION 1 Enlistment for Active Duty Service
| Article 15 (Decision on Order of Conscription for Active Duty Service) |
| (1) | The director of each regional military manpower office shall decide the order of conscription for those who have been assigned to active duty service as a result of draft physical examination by Si (referring to a Si wherein no Gu is established; hereinafter the same shall apply)/Gun/Gu. <Amended by Act No. 14183, May 29, 2016> |
| (2) | The criteria for deciding the order of conscription pursuant to paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration qualifications, such as physical grade, educational background, and age. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 16 (Enlistment of Active Duty Servicemen) |
| (1) | The Commissioner of the Military Manpower Administration or the director of each regional military manpower office shall have those whose order of conscription for active duty service has been determined enlist in the military in the year they undergo a draft physical examination or in the following year; and where the Commissioner of the Military Manpower Administration or the director of a regional military manpower office determines the time of enlistment, he shall endeavor to maintain the balance of qualifications of those to be enlisted for active duty service by service branch and by aptitude. <Amended by Act No. 14183, May 29, 2016; Act No. 14611, Mar. 21, 2017> |
| (2) | Notwithstanding the provisions of paragraph (1), the Commissioner of the Military Manpower Administration or the director of a regional military manpower office may have any person prescribed by Presidential Decree, such as those whose enlistment in active duty service has been postponed and the cause thereof ceases to exist, separately enlist in the military. <Amended by Act No. 14611, Mar. 21, 2017> |
| (3) | Even where a person who was assigned to active duty service and whose order of conscription was determined has moved his residence to another Si/Gun/Gu, he shall be made to enter the armed service at the Si/Gun/Gu where he resided at the time he underwent a draft physical examination: Provided, That in cases of persons whose enlistment in the armed services has been postponed pursuant to Article 60 (2), this shall not apply. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 17 (Physical Examination for Enlistment for Active Duty Service and Sending Invalids Home) |
| (1) | Where a person assigned to active duty service joins the army, the commanding officer of a military unit shall conduct a physical examination of him within seven days (including Saturdays and holidays) from the date when he joins the army. <Amended by Act No. 13778, Jan. 19, 2016> |
| (2) | The commanding officer of a military unit shall invalid a person who is acknowledged as unfit for active duty service or as in need of medical treatment for not less than 15 days due to disease or mental or physical disorder as a result of a physical examination under paragraph (1), indicating the severity of the disease or mental or physical disorder and the recovery period (limited to where the recovery period can be known). |
| (3) | The director of each regional military manpower office shall conduct a follow-up physical examination as prescribed by Presidential Decree of a person who has been invalided as prescribed in paragraph (2) and change his military service disposition or have him re-enter the armed services according to his physical grade: Provided, That in cases of an invalid who has been sent home with a clear statement that the recovery period is less than three months, the director of the regional military manpower office may have him re-enter the military services without a follow-up physical examination. <Amended by Act No. 14183, May 29, 2016> |
| (4) | The commanding officer of the military unit where a person subject to active duty service enters shall not invalid a person who has re-entered the armed services after a follow-up physical examination under the main sentence of paragraph (3) on the ground of the same disease or the same mental or physical disorder: Provided, That in cases of a person for whom six months have passed from the date of such follow-up physical examination, this shall not apply. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 18 (Active Duty Service) |
| (1) | An active duty serviceman shall serve in a military unit from the day he enters military service: Provided, That a person who obtains permission from the Minister of National Defense may reside outside a military unit. |
| (2) | The service period of an active duty soldier (including any staff sergeant appointed from among soldiers rather than volunteer soldiers; hereinafter the same shall apply) shall be as follows: |
| 2. | The Navy: Two years and two months: Provided, That for the Marine Corps, two years; |
| 3. | The Air Force: Two years and four months. |
| (3) | Where an active duty serviceman is sentenced to imprisonment with or without labor or misdemeanor imprisonment, or is confined to a military detention facility, or walks away from his post in the military, the number of days during which the sentence is executed or he is confined to a military detention facility, or he walks away from his post, shall not be included in his period of active duty service. |
| (4) | In any of the following cases, the discharge of an active duty serviceman may be postponed: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Where it is necessary to take measures for discharge from military service after such active duty serviceman is released by a disposition not to institute prosecution or by a trial, etc. when his service period is terminated while such serviceman is under restraint due to a criminal case; |
| 2. | Where continuous hospital treatment is medically necessary due to a war wound or wound or disease in the course of performing duty, and the person in question desires it; |
| 3. | Where the person in question desires it due to important military operations, training, or exercise, etc. |
| (5) | The period of delay of discharge under paragraph (4) 2 shall be within six months from the expiration of one's mandatory service; where a medical doctor decides to suspend hospital treatment or the person in question desires to be discharged from the service again, he shall be issued a disposition of discharge from military service. |
| (6) | The period of delay of discharge prescribed in paragraph (4) 3 shall be within three months from the expiration of a mandatory military service: Provided, That the period and ground for delay of discharge shall be notified to the person in question and where such ground disappears, he shall immediately be issued a disposition of discharge from military service. <Newly Inserted by Act No. 14183, May 29, 2016> |
| (7) | The Minister of National Defense may delegate the authority concerning delay of discharge prescribed in paragraph (4) 3 to the chief of staff of each service branch. <Newly Inserted by Act No. 14183, May 29, 2016> |
| (8) | Matters necessary for delay of discharge of active duty servicemen prescribed in paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 19 (Adjustment of Period of Active Duty Service) |
| (1) | The Minister of National Defense may adjust the period of active duty service as follows. In such cases, in cases falling under subparagraphs 1 and 3, the Minister of National Defense shall obtain approval from the President through deliberation by the State Council: <Amended by Act No. 14183, May 29, 2016> |
| 1. | The extension of the period of active duty service by not more than six months where a war breaks out or a public disturbance or any other similar emergency occurs, where a special disaster area is proclaimed in accordance with Article 60 (1) of the Framework Act on the Management of Disasters and Safety, where further military units are created or existing units expanded or where it is difficult to reinforce the troops due to a lack of military service resources; |
| 2. | The extension of the period of active duty service by not more than three months where servicemen are serving aboard ships at sea, serving abroad, or participating in any major operation or major military exercise; |
| 3. | The shortening of the period of active duty service by not more than six months, where it is necessary to coordinate the fixed number, or to coordinate the service period due to a decline in the number of applicants who sign up for military service. |
| (2) | Where the Minister of National Defense desires to extend the service period pursuant to paragraph (1) 2, he/she shall cause the period and reason to be noticed to the person in question, and where the reason for the extension ceases to exist, he/she shall immediately remove the extension of the service period. |
| (3) | The Minister of National Defense may delegate his/her authority on the extension and removal of the service period referred to in paragraph (2) to the chief of staff of each service branch. |
| (4) | Where the Minister of National Defense desires to extend or shorten the service period pursuant to paragraph (1) 1 or 3, he/she shall file a report on the period, reasons, countermeasures, etc. with the competent Standing Committee of the National Assembly: Provided, That in the case of a war, public disturbance, proclamation of a special disaster area, etc., he/she may file an ex post facto report. <Newly Inserted by Act No. 15054, Nov. 28, 2017> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 20 (Recruitment of Active Duty Servicemen) |
| (1) | The Commissioner of the Military Manpower Administration or the chief of staff of each service branch may select persons of 18 years of age or older who have applied to serve in the armed forces as active duty servicemen of the Army, the Navy, or the Air Force after a physical examination conducted by the Commissioner of the Military Manpower Administration or the chief of staff of each service branch, as prescribed by Presidential Decree. In such cases, the Commissioner of the Military Manpower Administration may conduct an examination of physical strength, interview, written examination, skill test, etc. to select them, after holding consultations with the chief of staff of each service branch. <Amended by Act No. 12684, May 28, 2014> |
| (2) | The Commissioner of the Military Manpower Administration or the chief of staff of each service branch shall have persons selected as servicemen on active duty under paragraph (1) enter military service on a fixed date. In such cases, when persons selected as active duty servicemen want the selection to be canceled before they enter military service, permission for the cancellation of the selection may be granted only where grounds prescribed by Presidential Decree exist. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 20-2 (Operation of Salaried Volunteer Servicemen System) |
| (1) | The Commissioner of the Military Manpower Administration or the chief of staff of each service branch may, where he/she deems it necessary for securing well-trained servicemen, select persons who will continue their service upon their application (hereinafter referred to as "salaried volunteer servicemen") after extending their service period under Article 18 (referring to the adjusted service period, where the service period is adjusted pursuant to Article 19) within the limit of one year and six months. |
| (2) | Salaried volunteer servicemen shall be selected from among any of the following persons: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Persons enlisted for the preliminary military service; |
| 2. | Persons currently in active duty service. |
| (3) | Persons selected as salaried volunteer servicemen pursuant to paragraph (2) shall be paid remuneration, as prescribed by Presidential Decree. |
| (4) | Article 20 (2) shall apply mutatis mutandis to the enlistment of persons selected as salaried volunteer servicemen pursuant to paragraph (2) 1 and the revocation thereof. |
| (5) | Where a salaried volunteer serviceman in extended service pursuant to paragraph (1) desires to have his service discontinued, the chief of staff of each service branch may permit such discontinuance only when he is found unsuitable to continue his active duty service due to a reason prescribed by Presidential Decree, such as disease, mental or physical disorder, etc. |
| (6) | Matters necessary for the selection, service, etc. of salaried volunteer servicemen shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 20-3 (Request, etc. for Submission of School Life Records) |
| (1) | In order to screen and select persons who have volunteered to serve in the military as prescribed in Articles 20 and 20-2, the Commissioner of the Military Manpower Administration may request the head of a school under the Elementary and Secondary Education Act, with the consent of an applicant, to submit the school life records of the last school attended by the relevant applicant through an information system. In such cases, the person requested to submit such data shall comply therewith unless any special reason exists to the contrary. |
| (2) | No one shall use any information or data obtained as prescribed in paragraph (1) for a purpose, other than for screening to select active duty servicemen, such as disclosing it to the public, leaking it, supplying it to third persons, etc. |
[This Article Newly Inserted by Act No. 9754, Jun. 9, 2009]
SECTION 2 Enlistment and Call-Up of Those to be Called to Full-Time Reserve Service and Transfer to and Performance of Onboard Ship Reserve Service
| Article 21 (Those To Be Called to Full-Time Reserve Service and Their Selection) |
| (1) | A call-up to full-time reserve service shall be issued to those enlisted for full-time reserve service by conscription, and transferred to reserve service after having completed the period of active duty service prescribed by Presidential Decree within one year, or transferred to reserve service under Article 65 (3) of this Act. <Amended by Act No. 10704, May 24, 2011> |
| (2) | The director of each regional military manpower office shall select, by place of residence, those to be called to full-time reserve service from among those to be enlisted for active duty service by conscription. |
| (3) | The criteria for the selection of those to be called to full-time reserve service under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration their qualifications, such as place of residence, physical grade, academic background and age. <Amended by Act No. 14183, May 29, 2016> |
| (4) | For persons who are selected to be called to full-time reserve service under paragraph (2) and unable to serve as a full-time reserve serviceman in the areas where they are selected due to a change in their status, etc., the directors of the regional military manpower offices may cancel the selection of those to be called to full-time reserve service: Provided, That if persons selected to be called to full-time reserve service under paragraph (2) are enlisted for active duty service, the cancellation of such selection shall be made by the chief of staff of each service branch. |
| (5) | Matters necessary to set requirements and procedures for the cancellation referred to in the main sentence of paragraph (4) shall be prescribed by the Commissioner of the Military Manpower Administration: Provided, That in cases of the proviso to the same paragraph, such matters shall be prescribed by the chief of staff of each service branch. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 21-2 (Assignment, etc. to Onboard Ship Reserve Service) |
| (1) | Any of the following persons who hold a mariner's license or engineer's license under Article 4 (2) 1 or 2 of the Ship Personnel Act may, upon his application, be enlisted for onboard ship reserve service: <Amended by Act No. 9946, Jan. 25, 2010; Act No. 11690, Mar. 23, 2013> |
| 1. | A person who completed a course for officer candidates or noncommissioned officer candidates (limited to the Navy) of student military training corps established at a high school or a school of higher level prescribed in Article 57 (2), and has not been enrolled on the military register of officers or noncommissioned officers in active duty service; |
| 2. | A person subject to enlistment in active duty service, who has completed a regular educational course at an educational institution designated by the Minister of Oceans and Fisheries under the relevant provisions of the Ship Personnel Act. |
| (2) | A person who has been transferred to onboard ship reserve service as prescribed in paragraph (1) shall be enrolled on the military register according to the following classification: <Newly Inserted by Act No. 9946, Jan. 25, 2010> |
| 1. | Register of reserve officers: A person who completed a course for officer candidates of student military training corps prescribed in paragraph (1) 1 and has yet to be enrolled on the military register of officers in active duty service; |
| 2. | Register of reserve noncommissioned officers: A person who completed a course for noncommissioned officer candidates of student military training corps prescribed in paragraph (1) 1 and has yet to be enrolled on the military register of noncommissioned officers in active duty service; |
| 3. | Register of reserve enlisted men: A person falling under paragraph (1) 2. |
| (3) | The Commissioner of the Military Manpower Administration shall decide on the number of persons to be transferred to onboard ship reserve service insofar as it does not hinder the supplementation of personnel needed by the military, and decide on the number of persons for each enterprise in which onboard ship reserve personnel can serve. <Newly Inserted by Act No. 9946, Jan. 25, 2010> |
| (4) | Matters necessary for the standards and procedures for the transfer to onboard ship reserve service, notification of the number of persons needed, standards for allocation for each enterprise, etc. prescribed in paragraphs (1) and (3) shall be prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 22 (Enlistment and Call-up of Those To Be Called to Full-Time Reserve Service) |
| (1) | The director of a regional military manpower office shall have those to be called to full-time reserve service enlisted for active duty service according to the number of persons needed by place of residence. |
| (2) | The chief of staff of a service branch shall transfer persons who were enlisted in the military under paragraph (1) to reserve service on the day after the period of active duty service prescribed in Article 21 (1) is completed. <Amended by Act No. 10704, May 24, 2011> |
| (3) | The chief of staff of a service branch shall call those transferred to reserve service up to full-time reserve service from the date when those are transferred to reserve service in accordance with paragraph (2) or Article 65 (3). <Newly Inserted by Act No. 10704, May 24, 2011> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 23 (Service of Full-Time Reserve Personnel) |
| (1) | The service period of persons called to full-time reserve service shall not exceed two years and six months, but the period prescribed in each of the following subparagraphs shall be included in the period of full-time reserve service. <Amended by Act No. 10704, May 24, 2011; Act No. 14170, May 29, 2016> |
| 1. | Period of active duty service in accordance with Article 21 (1); |
| 2. | Period of service as active duty servicemen (including those in service in accordance with Article 25) before being transferred to reserve service pursuant to Article 65 (3). |
| (2) | Where a person who has been called to full-time reserve service completes the service period referred to in paragraph (1), he shall be deemed to have completed the period of service as a conscript in active duty service. |
| (3) | The provisions of this Act or the Military Personnel Management Act concerning the service of active duty servicemen shall apply mutatis mutandis to the service of full-time reserve personnel. |
| (4) | The chief of staff of a service branch shall dispatch those who have been called to full-time reserve service to a military unit performing a homeland defense service or an organization providing support thereto, and have them serve in such unit or organization. |
| (5) | The Minister of National Defense may allow those who have been called to full-time reserve service to reside outside military units, and provide them with meals or pay them expenses actually incurred for meals within budgetary limits. |
| (6) | Where a person who has been called to full-time reserve service is sentenced to imprisonment with or without labor or misdemeanor imprisonment, or is confined to a military detention facility, or walks away from his post, the number of days during which the sentence is executed, or such person is confined to a military detention facility or walks away from his post shall not be included in his service period. |
| (7) | With regard to delay of discharge from military service of full-time reserve personnel, the provisions of Article 18 (4) through (8) shall apply mutatis mutandis concerning delay of discharge from military service of active duty servicemen. <Amended by Act No. 14183, May 29, 2016> |
| (8) | Matters necessary for the service period of full-time reserve personnel under paragraph (1) and the cancellation of call-up, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 23-2 (Service of Onboard Ship Reserve Personnel) |
| (1) | Each person transferred to onboard ship reserve service pursuant to Article 21-2 shall perform a service on board a ship for three years as a mariner or engineer, as prescribed by Presidential Decree, and shall be deemed to have completed active duty service when such service period ends. <Amended by Act No. 9946, Jan. 25, 2010> |
| (2) | A person who falls under Article 21-2 (1) 2 and has been transferred to onboard ship reserve service shall be called for military education under Article 55, and the period of military education call shall be included in the period of onboard ship service referred to in paragraph (1). <Amended by Act No. 14183, May 29, 2016> |
| (3) | Matters concerning the call-up of onboard ship reserve personnel, calculation of the period of onboard ship service, cancellation of call-up, and other necessary matters concerning service shall be prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 23-3 (Notification of Changes in Status of Onboard Ship Reserve Personnel) |
The head of an enterprise in the field of shipping industry or fisheries (hereafter referred to as "shipping enterprise, etc." in this Section) in which any onboard ship reserve serviceman is in service shall, if the onboard ship reserve serviceman or the shipping enterprise, etc. falls under any of the following subparagraphs, notify the director of the competent regional military manpower office (referring to the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over the administrative district in which the principal office of the shipping enterprise, etc. is situated; hereafter the same shall apply in this Section) within 14 days from the date the relevant cause arises: <Amended by Act No. 14183, May 29, 2016>
| 1. | Where the onboard ship reserve serviceman is dismissed or retires from the enterprise of which he has been in service on board a ship; |
| 2. | Where the onboard ship reserve serviceman embarks or disembarks a ship; |
| 3. | Where the onboard ship reserve serviceman's mariner's license or engineer's license is cancelled or suspended; |
| 4. | Where the onboard ship reserve serviceman desires to cancel the transfer to onboard ship reserve service; |
| 5. | Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service for three years prescribed in Article 23-2 (1) (hereinafter referred to as "period of onboard ship service") within five years from the date of transfer to onboard ship reserve service; |
| 6. | Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service by the time he reaches the age of 30; |
| 7. | Where the enterprise of which he is in service suspends its business, closes its operation, performs a lock-out, or discontinues its business; |
| 8. | Where a cause prescribed by Presidential Decree arises. |
[This Article Newly Inserted by Act No. 9946, Jan. 25, 2010]
| Article 23-4 (Cancellation of Transfer to Onboard Ship Reserve Service and Imposition of Obligation) |
| (1) | Where an onboard ship reserve serviceman falls under any of the following subparagraphs, the director of the competent regional military manpower office shall cancel his transfer: |
| 1. | Where the onboard ship reserve serviceman's mariner's license or engineer's license is cancelled; |
| 2. | Where the onboard ship reserve serviceman desires to cancel the transfer to onboard ship reserve service; |
| 3. | Where the onboard ship reserve serviceman is unable to fulfill the period of onboard ship service within five years form the date of transfer; |
| 4. | Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service by the time he reaches the age of 30. |
| (2) | A person whose transfer to onboard ship reserve service has been cancelled as prescribed in paragraph (1), shall return to a position he had before transferred to onboard ship reserve service and shall perform mandatory military service. In such cases, he shall not be re-transferred to onboard ship reserve service to perform mandatory military service. |
| (3) | The service period of a person who served as an onboard ship reserve serviceman and has been enlisted as an active duty serviceman or called to social work personnel service after his transfer having been cancelled pursuant to paragraph (1) may be reduced according to standards prescribed by Presidential Decree. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
[This Article Newly Inserted by Act No. 9946, Jan. 25, 2010]
| Article 23-5 (Investigation into Actual Condition of Onboard Ship Reserve Service) |
The director of the competent regional military manpower office may investigate into the actual condition of the service and management of a shipping enterprise, etc., where any onboard ship reserve serviceman is in service, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9946, Jan. 25, 2010]
| Article 24 Deleted. <by Act No. 14184, May 29, 2016> |
| Article 25 (Secondment by Recommendation) |
| (1) | In any of the following cases, the Minister of National Defense may consider persons recommended thereunder as applicants for active duty service, and have the directors of the regional military manpower offices enlist and then second them for service after having them complete specified military education: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13425, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| 1. | Where the Minister received a recommendation from the Fire Commissioner of the National Fire Agency of persons to be appointed to obligatory fire-fighting personnel in charge of assisting the fire-fighting duties under Article 3 (2) of the Act on the Establishment of Obligatory Fire-Fighting Unit; |
| 2. | Where the Minister received a recommendation from the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard of persons who are to serve in auxiliary police companies, as persons to be appointed as auxiliary police officers or prospective graduates of the Korean National Police University, in charge of assisting public security affairs and performing counterespionage operations pursuant to Article 3 of the Act on the Establishment and Operation of Auxiliary Police Companies. |
| (2) | A person seconded under paragraph (1) shall serve for the same period as that of an active duty serviceman, commencing from the date of his enlistment. |
| (3) | In any of the following cases, the Commissioner General of the Korean National Police Agency, the Fire Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard may extend the service period of persons seconded under paragraph (1) by up to six months. In such cases, he/she shall consult with the Minister of National Defense and obtain approval from the President through deliberation by the State Council: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Situation corresponding to a war or public disturbance; |
| 3. | Where it is hard to supplement the personnel for secondment. |
| (4) | The period of secondment and the period of extended secondment under paragraphs (2) and (3) shall be deemed the period of service as an active duty serviceman. |
| (5) | Where persons seconded pursuant to paragraph (1) complete their military service, the Minister of National Defense shall cancel secondment and transfer them to reserve service. <Amended by Act No. 14170, May 29, 2016> |
| (6) | The Commissioner General of the Korean National Police Agency, the Fire Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard may request the Minister of National Defense to cancel secondment of persons falling under any of the subparagraphs of Article 65 (1), who are seconded pursuant to paragraph (1). <Newly Inserted by Act No. 14170, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (7) | The Minister of National Defense, in receipt of a request for cancellation of secondment prescribed in paragraph (6), shall cancel the secondment of the relevant person and discharge or exempt them from military service. <Newly Inserted by Act No. 14170, May 29, 2016> |
| (8) | Matters necessary for allotment of recommended persons prescribed in paragraph (1) and their secondment shall be prescribed by Presidential Decree. <Amended by Act No. 14184, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER V PERFORMANCE OF SUPPLEMENTARY SERVICE
SECTION 1 Service of Social Work Personnel
| Article 26 (Duties of and Candidates for Social Work Personnel) |
| (1) | Social work personnel shall perform any of the following duties: <Amended by Act No. 11849, Jun. 4, 2013> |
| 1. | Duties to support social service affairs, such as social welfare, health, medical service, education, culture, environment, safety, etc. necessary for public interest pursued by State agencies, local governments, public organizations, and social welfare facilities; |
| 2. | Duties to support administrative affairs, etc. necessary for public interest pursued by State agencies, local governments and public organizations; |
| 3. | and 4. Deleted. <by Act No. 11849, Jun. 4, 2013> |
| (2) | Deleted. <by Act No. 11849, Jun. 4, 2013> |
| (3) | Matters necessary for the classification, etc. of fields to be served by social work personnel shall be prescribed by Presidential Decree. <Amended by Act No. 11849, Jun. 4, 2013> |
| (4) | Social work personnel to serve in social welfare facilities under paragraph (1) 1 shall be chosen by the director of a regional military manpower office and matters necessary for establishing standards and procedures for choosing them shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended by Act No. 11849, Jun. 4, 2013> |
| (5) | Deleted. <by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 27 (Determination of Number, etc. of Social Work Personnel to be Assigned) |
| (1) | When the director of a regional military manpower office receives a request for the assignment of social work personnel for the following year from the head of a State agency, head of a local government, or head of a public organization requiring such social work personnel, he/she shall determine institutions to serve in, fields of service, types of service, number of personnel to be assigned, etc. <Amended by Act No. 11849, Jun. 4, 2013> |
| (2) | Deleted. <by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 28 (Determination of Call-up Order of Social Work Personnel) |
| (1) | The director of each regional military manpower office shall determine, by region, the order of call-up of those to be called to social work personnel service. <Amended by Act No. 11849, Jun. 4, 2013> |
| (2) | The criteria for determining the scope of call-up by region and the order of call-up under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration qualifications, such as physical grade, educational background, and age. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 29 (Call-up of Social Work Personnel) |
| (1) | The director of each regional military manpower office shall call up social work personnel whose order of call-up has been decided after determining agencies in which they are to serve: Provided, That he/she may call up social work personnel selected pursuant to Article 26 (4) separately after determining agencies and fields in which they are to serve. <Amended by Act No. 11849, Jun. 4, 2013> |
| (2) | Notwithstanding the provisions of paragraph (1), the Commissioner of the Military Manpower Administration may have the director of a regional military manpower office separately call up persons prescribed by Presidential Decree, such as those whose call-up to social work personnel service was postponed and for whom a cause for such postponement has ceased to exist, as social work personnel. <Amended by Act No. 11849, Jun. 4, 2013> |
| (3) | Those called to social work personnel service pursuant to paragraphs (1) and (2) shall be called for education under Article 55, and the period of such education call shall be included in their service period. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 30 (Service Period, etc. of Social Work Personnel) |
| (1) | The service period of social work personnel shall be two years and two months. <Amended by Act No. 11849, Jun. 4, 2013> |
| (2) | Where any member of the social work personnel is sentenced to imprisonment with or without labor or misdemeanor imprisonment, or walks away from his post, the number of days during which the sentence is executed or he walks away from his post shall not be included in his service period. <Amended by Act No. 11849, Jun. 4, 2013> |
| (3) | Article 18 (4) 1 concerning the delay of discharge of active duty servicemen shall apply mutatis mutandis to the delay of discharge of social work personnel. <Amended by Act No. 11849, Jun. 4, 2013> |
| (4) | Matters necessary for the service of social work personnel, such as the calculation of a service period and the discharge from service, shall be prescribed by Presidential Decree. <Amended by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 31 (Service, Remuneration, etc. of Social Work Personnel) |
| (1) | The heads of agencies to which social work personnel are assigned shall have them serve in the designated fields of service, and matters necessary for the service, other than those provided for in this Act, shall be prescribed by Presidential Decree. In such cases, any act performed in the course of performing duties by such social work personnel shall be deemed the performance of public duties. <Amended by Act No. 11849, Jun. 4, 2013> |
| (2) | When the heads of agencies to which social work personnel are assigned pursuant to paragraph (1) designate or alter the fields of service of such social work personnel, they shall consult with the director of the competent regional military manpower office in advance. <Amended by Act No. 11849, Jun. 4, 2013> |
| (3) | Deleted. <by Act No. 11849, Jun. 4, 2013> |
| (4) | Any member of the social work personnel shall commute to and from work, and be under the command and supervision of the head of an agency to which he is assigned: Provided, That where it is difficult to provide his service by commuting, or any need arises due to the peculiarities of his service, etc., he may be allowed to be in service while staying in the agency together with other members. <Amended by Act No. 11849, Jun. 4, 2013> |
| (5) | The head of a State agency, local government, or public organization shall pay social work personnel remuneration and travel expenses, etc. incurred in performing their duties, and matters necessary for setting the criteria therefor, etc. shall be prescribed by Presidential Decree: Provided, That remuneration for social work personnel engaging in social service duties under Article 26 (1) 1, travel expenses incurred in performing their duties, etc. may be defrayed out of the National Treasury. <Amended by Act No. 11849, Jun. 4, 2013> |
| (6) | and (7) Deleted. <by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 31-2 (Management, Supervision, etc. of Service of Social Work Personnel) |
| (1) | The heads of State agencies, local governments, public organizations, and social welfare facilities where social work personnel are in service shall designate officials to take responsibility for managing the service of such social work personnel: Provided, That in cases of social work personnel serving in social welfare facilities, the director of a regional military manpower office may designate officials under his/her control to take charge of the management of their service. <Amended by Act No. 11849, Jun. 4, 2013> |
| (2) | With regard to the service of social work personnel, the Commissioner of the Military Manpower Administration may manage and supervise social work personnel, as prescribed by Presidential Decree. In such cases, the heads of agencies where such social work personnel are in service shall cooperate therewith. <Amended by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 31-3 (Divided Service of Social Work Personnel) |
| (1) | Where a person in service as a member of the social work personnel falls under any of the following, the director of a regional military manpower office may suspend such person's service for a certain period and allow him to resume his service later: Provided, That in cases under subparagraphs 2 and 3, the total period of service suspension shall not exceed six months: <Amended by Act No. 11849, Jun. 4, 2013> |
| 1. | Where it is necessary for his own medical treatment; |
| 2. | Where it is necessary for tending his ailing family member; |
| 3. | Where his family needs his support due to a disaster or family matters. |
| (2) | Matters necessary for the detailed standards, procedures, etc. for divided service under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 32 (Notification on Changes in Status of Social Work Personnel) |
| (1) | Where a member of the social work personnel falls under any of the following, the head of the State agency, local government, or public organization to which such member of the social work personnel is assigned shall notify the director of the relevant regional military manpower office of such fact within 14 days therefrom: <Amended by Act No. 10704, May 24, 2011; Act No. 11849, Jun. 4, 2013> |
| 1. | Where he walks away from his post or fails to serve in the relevant field without justifiable grounds; |
| 2. | Where he receives a warning disposition as prescribed in Article 33 (2) because he has failed to comply with a lawful order for service; |
| 3. | Where it is deemed impossible for him to commute to and from work, because whole or part of family residing together has moved to another place; |
| 4. | Where an agency where he has been in service is closed down or moves to another place; |
| 5. | Where it is deemed impossible for him to normally perform his duties because he has been sentenced to imprisonment with or without labor during the service period; |
| 6. | Where it is deemed impossible to continue his service in the assigned agency due to the occurrence or aggravation of disease or mental or physical disorder during the service period. |
| (2) | Where a member of the social work personnel under Article 26 (1) 1 falls under any subparagraph of paragraph (1), the head of a social welfare facility to which such member of the social work personnel is assigned shall notify the director of the competent regional military manpower office of such fact within 14 days therefrom through the head of a Si (including a Special Self-Governing City Mayor and a Special Self-Governing Province Governor; hereafter the same shall apply in this Section)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Amended by Act No. 11849, Jun. 4, 2013> |
| (3) | Deleted. <by Act No. 11849, Jun. 4, 2013> |
| (4) | Where the director of a regional military manpower office is notified of any change in the status of a member of the social work personnel falling under any of paragraph (1) 3 through 6, he may designate another agency for such member of the social work personnel to serve in, as prescribed by Presidential Decree. In such cases, the head of a newly designated agency shall designate a field and a place in which such member of the social work personnel is to serve and then shall notify the competent regional military manpower office of such designation within 14 days therefrom. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (5) | Deleted. <by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 33 (Extension of Service of Social Work Personnel) |
| (1) | Where a member of the social work personnel walks away from his post without justifiable grounds, he shall be ordered to serve for an extended period corresponding to five times the number of days during which he walks away from his post: Provided, That when he falls under subparagraph 1 of Article 89-2, his service period shall not be extended. <Amended by Act No. 11849, Jun. 4, 2013> |
| (2) | Where a member of the social work personnel falls under any of the following, he shall be subject to a warning disposition and his service period shall be extended for five more days each time he receives such warning disposition: Provided, That when he falls under any of the subparagraphs of Article 89-3, his service period shall not be extended: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 16356, Apr. 23, 2019> |
| 1. | Where he obstructs another person’s service or instigates others to neglect service; |
| 2. | Where he engages in any political activity, such as joining a political party or other political organization; |
| 3. | Where he treats another member of the social work personnel harshly; |
| 3-2. | Where he commits any physical, emotional or sexual act of violence, or harsh act against a person using a social service provided by the agency where he is in service; |
| 4. | Where he engages in any profit-making activity in relation to his service, or holds another post concurrently without permission from the head of an agency in which he is in service; |
| 5. | Where he falls under any ground prescribed by Presidential Decree, such as a failure to perform assigned duties or delay of such duties without justifiable grounds. |
| (3) | Deleted. <by Act No. 11849, Jun. 4, 2013> |
| (4) | A member of the social work personnel who is sentenced to a penalty pursuant to subparagraph 1 of Article 89-2 or pursuant to Article 89-3 shall continue to serve as a member of the social work personnel for the remaining service period, as prescribed by Presidential Decree: Provided, That when he falls under Article 65 (1) 2 or 3, he shall not be called up as a member of the social work personnel. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016> |
| (5) | Deleted. <by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 33-2 (Basic Education on Service and Education on Duties, etc.) |
| (1) | The Commissioner of the Military Manpower Administration or the director of a regional military manpower office may give basic education on service to social work personnel to establish a mental attitude that they should have as those who perform public service, as prescribed by Presidential Decree. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (2) | The heads of related central administrative agencies shall provide social work personnel with education on duties necessary for enhancing the capability to perform duties efficiently, as prescribed by Presidential Decree: Provided, That where it is difficult for the heads of related central administrative agencies to give education, they shall consult with the Commissioner of the Military Manpower Administration, and the Commissioner of the Military Manpower Administration or directors of regional military manpower offices may give such education on duties. <Amended by Act No. 11849, Jun. 4, 2013> |
| (3) | The Commissioner of the Military Manpower Administration or the director of a regional military manpower office may give guidance education on service to any member of the social work personnel acknowledged by the Commissioner of the Military Manpower Administration as requiring such education due to any reason referred to in the following subparagraphs, as prescribed by Presidential Decree: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14184, May 29, 2016; Act No. 14611, Mar. 21, 2017> |
| 1. | Where he walks away from his post without justifiable grounds; |
| 2. | Where he falls under any of the subparagraphs of Article 33 (2); |
| 3. | Where he is transferred to supplementary service because of being unfit to perform active service or otherwise subject to any grounds prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 1-2 Service of Art and Sports Personnel
| Articles 33-3 through 33-6 Deleted. <by Act No. 13778, Jan. 19, 2016> |
| Article 33-7 (Assignment of Art and Sports Personnel) |
| (1) | The Commissioner of the Military Manpower Administration may transfer persons recommended by the Minister of Culture, Sports and Tourism, as persons with specialty in the field of arts or sports who are prescribed by Presidential Decree, from among any of the following persons, to arts or sports personnel. In such cases, persons falling under subparagraphs 1 through 3 shall be transferred to supplementary service: <Amended by Act No. 13778, Jan. 19, 2016; Act No. 14170&14183, May 29, 2016> |
| 1. | Persons to be enlisted for active duty service; |
| 2. | Persons in active duty service (including persons in military service pursuant to Article 21 or 25); |
| 3. | Persons in onboard ship reserve service; |
| 4. | Persons in supplementary service, subject to call-up of social work personnel; |
| 5. | Persons who are in supplementary service (referring to persons who are serving as social work personnel, public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates, public quarantine veterinarians, expert research personnel or industrial technical personnel). |
| (2) | Matters necessary for the assignment and transfer of art and sports personnel shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11849, Jun. 4, 2013]
| Article 33-8 (Period of Mandatory Service, etc. of Art and Sports Personnel) |
| (1) | The period of mandatory service of art and sports personnel shall be two years and ten months, and they shall be deemed to have completed their service as social work personnel upon expiration of such period. <Amended by Act No. 14183, May 29, 2016> |
| (2) | Any person assigned to serve as a member of the art and sports personnel shall be called for military education under Article 55 and the period of such education call shall be included in his mandatory service period. <Amended by Act No. 14183, May 29, 2016> |
| (3) | If a member of the art and sports personnel is sentenced to imprisonment with or without labor or misdemeanor imprisonment or fails to engage in a field in which he is to serve, the number of days for which the sentence is executed or he fails to engage in such field shall not be included in his mandatory service period. <Amended by Act No. 14183, May 29, 2016> |
| (4) | Art and sports personnel shall be under the direction and supervision of the Minister of Culture, Sports and Tourism regarding the development of special skills in the relevant fields and regarding their mandatory service. <Amended by Act No. 14183, May 29, 2016> |
| (5) | Art and sports personnel shall engage in voluntary activities by utilizing their special skills regarding arts and sports. In such cases, matters necessary for the subjects, period and implementation procedures of voluntary activities shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12906, Dec. 30, 2014> |
| (6) | Matters necessary for the mandatory service of art and sports personnel, such as calculation of the mandatory service period and revocation of call-up of art and sports personnel, shall be prescribed by Presidential Decree. <Amended by Act No .14183, May 29, 2016> |
[This Article Newly Inserted by Act No. 11849, Jun. 4, 2013]
| Article 33-9 (Notification on Changes in Status of Art and Sports Personnel) |
If a member of the art and sports personnel fails to engage in the relevant field, the Minister of Culture, Sports and Tourism shall notify the Commissioner of the Military Manpower Administration of such fact within 14 days from the date when a ground therefor occurs. <Amended by Act No. 14183, May 29, 2016>
[This Article Newly Inserted by Act No. 11849, Jun. 4, 2013]
| Article 33-10 (Extension of Service, Cancellation of Assignment, etc. of Art and Sports Personnel) |
| (1) | If a member of the art and sports personnel fails to serve in the relevant field without justifiable grounds, he shall be ordered to serve for an extended period corresponding to five times the number of days during which he fails to serve: Provided, That when he falls under subparagraph 1 of Article 89-2, his service period shall not be extended. <Amended by Act No. 14183, May 29, 2016> |
| (2) | If a member of the art and sports personnel falls under any of the following cases, he shall be subject to a warning disposition, and his service period shall be extended for five more days each time he receives such warning disposition: Provided, That when he falls under any of the subparagraphs of Article 89-3, his service period shall not be extended: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Where he obstructs another person’s service or instigates others to neglect service; |
| 2. | Where he engages in any political activity, such as joining a political party or other political organization; |
| 3. | Where he treats another member of the art and sports personnel harshly; |
| 4. | Where he holds another post concurrently in relation to his field of service without permission from the head of an agency in which he is in service; |
| 5. | Where he falls under any ground prescribed by Presidential Decree, such as a failure to perform assigned duties or delay of such duties without justifiable grounds. |
| (3) | Where art and sports personnel fails to complete voluntary work utilizing his special skills prescribed in Article 33-8 (5) until the mandatory service period, his mandatory service period shall be extended until he completes voluntary work utilizing his special skills. <Newly Inserted by Act No. 12906, Dec. 30, 2014; Act No. 14183, May 29, 2016> |
| (4) | If a member of the art and sports personnel falls under any of the following, his transfer to art and sports personnel shall be revoked: <Amended by Act No. 14183, May 29, 2016; Act No. 14611, Mar. 21, 2017> |
| 1. | Where he departs from the Republic of Korea or stays abroad without obtaining permission for overseas travel or permission for extension of the period of overseas travel under Article 70 (1) or (3), or fails to return to the Republic of Korea within the permitted period without justifiable grounds; |
| 2. | Where he fails to return to the Republic of Korea in violation of an order therefor under Article 83 (2) 10; |
| 4. | Where he is assigned by improper means, such as giving or receiving money or articles; |
| 5. | Where he is sentenced to a penalty for committing a fraudulent act associated with his field of service, such as game rigging; |
| 6. | Where he is sentenced to imprisonment without labor or a heavier punishment for any offense committed during his mandatory service period (excluding cases to which subparagraph 3 or 5 applies). |
| (5) | Any person whose transfer is revoked pursuant to paragraph (4) is required to perform the military service during the remaining mandatory service period in accordance with standards prescribed by Presidential Decree as follows: <Newly Inserted by Act No. 12906, Dec. 30, 2014; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016; Act No. 14611, Mar. 21, 2017> |
| 1. | Any person whose transfer is revoked due to grounds falling under paragraph (4) 1, 2, 4, 5, or 6: He shall be enlisted for active duty service or called to social work personnel after returning to a position prior to his transfer. In such cases, any person whose remaining service period is less than six months in accordance with standards prescribed by Presidential Decree, from among those to be enlisted for active duty service, may be ordered to serve as social work personnel by call-up; |
| 2. | Any person who transfer is revoked due to grounds falling under paragraph (4) 3: Provided, That persons falling under Article 65 (1) 2 or 3 shall not be called to social work personnel. |
[This Article Newly Inserted by Act No. 11849, Jun. 4, 2013]
SECTION 2 Service of Public Health Doctors
| Article 34 (Assignment to Public Health Doctors, etc.) |
| (1) | Where any of the following persons who are qualified as a medical doctor, dentist, or oriental medical doctor wishes to be a public health doctor or doctor exclusively in charge of the draft physical examination (excluding a person qualified as an oriental medical doctor; hereinafter the same shall apply), the Commissioner of the Military Manpower Administration may assign such person to the relevant post. In such cases, persons to be enlisted for active duty service shall be transferred to supplementary service: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| 1. | A person who is to be enlisted for active duty service and applied for enrollment on the military register of officers in active duty service in the medical field prescribed in Article 58 (1) 1 but failed to be enrolled; |
| 2. | A person enrolled on the military register of medical cadet officers prescribed in Article 58 (2) 1 but failed to be enrolled on the military register of officers in active duty service in the medical field; |
| 3. | A person who is qualified as a medical doctor, dentist or oriental medical doctor and is in supplementary service to be called to social work personnel service. |
| (2) | A person assigned to serve as a public health doctor or doctor exclusively in charge of the draft physical examination pursuant to paragraph (1) shall engage in the relevant field for three years, and shall be deemed to have completed his service as social work personnel upon expiration of such period. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| (3) | A person assigned to serve as a public health doctor or doctor exclusively in charge of the draft physical examination pursuant to paragraph (1) shall be called for military education as prescribed in Article 55, but the period of such education call shall not be included in his service period. <Amended by Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| (4) | Matters necessary for the transfer, service, etc. of public health doctors or doctors exclusively in charge of the draft physical examination shall be determined by Presidential Decree. <Amended by Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 34-2 (Status, Remuneration, etc. of Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | Doctors exclusively in charge of the draft physical examination shall be deemed public officials in a fixed term position under Article 26-5 of the State Public Officials Act who work for the Military Manpower Administration and they shall be paid remuneration and travel expenses, etc. incurred in performing their duties within the limits of the remuneration given to military personnel, and matters necessary for setting standards for their remuneration, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11530, Dec. 21, 2012; Act No. 14183, May 29, 2016> |
| (2) | The Commissioner of the Military Manpower Administration shall call doctors exclusively in charge of the draft physical examination for education necessary for them to perform their duties and have them engage in the work of physical examination, etc. and may conduct training related to their duties in military hospitals or in hospitals designated by the Commissioner of the Military Manpower Administration for a period not exceeding three months when they are not engaged in the draft physical examination. <Amended by Act No. 12684, May 28, 2014; Act No. 14183, May 29, 2016> |
| (3) | Matters necessary for an order for mandatory service, education on duties, training, etc. under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 14183, May 29, 2016> |
| (4) | Doctors exclusively in charge of the draft physical examination shall faithfully carry out the work of physical examination and shall not walk away from their places of service without permission from the Commissioner of the Military Manpower Administration or without justifiable grounds. <Amended by Act No. 14183, May 29, 2016> |
| (5) | The Commissioner of the Military Manpower Administration shall command and supervise the service of doctors exclusively in charge of the draft physical examination. <Amended by Act No. 14183, May 29, 2016> |
| (6) | No person falling under any subparagraph of Article 33 of the State Public Officials Act shall be appointed as a doctor exclusively in charge of the draft physical examination and where a doctor exclusively in charge of the draft physical examination falls under subparagraph 1 of Article 69 of the Act, he shall lose his status. <Amended by Act No. 14183, May 29, 2016> |
| (7) | Except for otherwise expressly prescribed in this Act, service of doctors exclusively in charge of the draft physical examination shall be governed by the State Public Officials Act except for those prescribed by this Act. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 34-3 (Deprivation of Status of Doctors Exclusively in Charge of Draft Physical Examination) |
Where a doctor exclusively in charge of the draft physical examination falls under any of the following subparagraphs, the Commissioner of the Military Manpower Administration may deprive ex officio him of his status as a doctor exclusively in charge of the draft physical examination: Provided, That in cases falling under any of subparagraphs 1 through 3, the Commissioner of the Military Manpower Administration shall deprive him of his status as a doctor exclusively in charge of the draft physical examination: <Amended by Act No. 14183, May 29, 2016>
| 1. | Where his license of a medical doctor or dentist is revoked or the qualification is suspended; |
| 2. | Where a person who has been appointed as a doctor exclusively in charge of the draft physical examination fails to comply with an order to participate in education on duties without justifiable grounds; |
| 3. | Where he deserts his place of service or does not engage in the duties of the relevant field for at least eight days in total in violation of the provisions of Article 34-2 (4) without justifiable grounds; |
| 4. | Where he is unable to return to work or to perform his duties within one year due to a physical or mental disorder or within three months after he is missing or his whereabouts are unknown; |
| 5. | Where he is found inappropriate to retain his status as a doctor exclusively in charge of the draft physical examination after he has been charged with a criminal act; |
| 6. | Where he commits a fraudulent act in connection with the work of physical examination, such as determination of physical grades; |
| 7. | Where he disobeys an order issued under this Act or by this Act or any other duties, or he is deemed inappropriate to hold his status as a doctor exclusively in charge of the draft physical examination due to extremely poor job performance. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 34-4 (Extension, etc. of Term of Service of Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | No doctor exclusively in charge of the draft physical examination shall engage in any work other than the work of physical examination assigned to him pursuant to Article 34-2 (2) during his term of service. <Newly Inserted by Act No. 14611, Mar. 21, 2017> |
| (2) | When a doctor exclusively in charge of the draft physical examination engages in any work other than the work of physical examination in violation of paragraph (1), the Commissioner of the Military Manpower Administration may order him to serve for an extended period corresponding to five times the number of days for which he engages in such work. <Newly Inserted by Act No. 14611, Mar. 21, 2017> |
| (3) | When any doctor exclusively in charge of the draft physical examination is unable to perform his duties for a period of not less than one month on the ground of a disease or injury not related to his duties, the Commissioner of the Military Manpower Administration may have him serve for an extended period corresponding to such period: Provided, That where a doctor exclusively in charge of the draft physical examination is deprived of his status for a reason prescribed in subparagraph 4 of Article 34-3, this shall not apply. <Amended by Act No. 14183, May 29, 2016> |
| (4) | When any doctor exclusively in charge of the draft physical examination either violates or neglects this Act or an order issued under this Act or any other duties, the Commissioner of the Military Manpower Administration may extend his service for a period commensurate with the reason, cut his pay by not more than one third, or reprimand him: Provided, That where a doctor exclusively in charge of the draft physical examination is deprived of his status for any reason referred to in subparagraphs 2, 3, 5, 6, and 7 of Article 34-3 or his service is extended under the provisions of Article 35 (2) for walking away from his place of service or failing to perform his duties for not more than seven days in total without justifiable grounds, this shall not apply. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
Where the Commissioner of the Military Manpower Administration intends to deprive a doctor exclusively in charge of the draft physical examination of his status pursuant to the provisions of Article 34-3, he/she shall hold a hearing. <Amended by Act No. 14183, May 29, 2016> [This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 34-6 (Assignment to Public-Service Advocates) |
| (1) | The Commissioner of the Military Manpower Administration may assign a person qualified as an attorney-at-law, falling under any of the following to serve as a public-service advocate upon his request. In such cases, persons to be enlisted for active duty service shall be transferred to supplementary service: <Amended by Act No. 11849, Jun. 4, 2013> |
| 1. | A person who is to be enlisted for active duty service, and has applied for enrollment on the military register of officers in active duty service in the field of judicial affairs under Article 58 (1) 2 but failed to be enrolled; |
| 2. | A person enrolled on the military register of judicial cadet officers prescribed in Article 58 (2) 2 but failed to be enrolled on the military register of officers in active duty service in the judicial affairs field; |
| 3. | A person in supplementary service who is qualified as an attorney-at-law to be called to social work personnel service. |
| (2) | A person assigned to serve as a public-service advocate pursuant to paragraph (1) shall engage in the relevant field for three years and, when the said period is completed, shall be deemed to have completed his service as social work personnel. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (3) | A person assigned to serve as a public-service advocate pursuant to paragraph (1) shall be called for military education under Article 55, but the period of such education call shall not be included in his service period. <Amended by Act No. 14183, May 29, 2016> |
| (4) | Matters necessary for the transfer, etc. of public-service advocates shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 34-7 (Assignment to Public Quarantine Veterinarians) |
| (1) | The Commissioner of the Military Manpower Administration may assign a person qualified as a veterinarian, falling under any of the following, to serve as a public quarantine veterinarian upon his request. In such cases, a person to be enlisted for active duty service shall be transferred to supplementary service: <Amended by Act No. 9955, Jan. 25, 2010; Act No. 11849, Jun. 4, 2013> |
| 1. | A person who is to be enlisted for active duty service, and has applied for enrollment on the military register of officers in active duty service in the field of veterinary service under Article 58 (1) 4 but failed to be enrolled; |
| 2. | A person enrolled on the military register of veterinary cadet officers prescribed in Article 58 (2) 4 but failed to be enrolled on the military register of officers in active duty service in the field of veterinary service; |
| 3. | A person qualified as a veterinarian and in supplementary service to be called to social work personnel service. |
| (2) | A person assigned to serve as a public quarantine veterinarian pursuant to paragraph (1) shall engage in the relevant field for three years and, when the said period is completed, shall be deemed to have completed his service as social work personnel. <Amended by Act No. 9955, Jan. 25, 2010; Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (3) | The Commissioner of the Military Manpower Administration shall call persons assigned to serve as a public quarantine veterinarian pursuant to paragraph (1) for military education under Article 55. In such cases, the period of such education call shall not be included in the service period under paragraph (2). <Amended by Act No. 9955, Jan. 25, 2010; Act No. 14183, May 29, 2016> |
| (4) | Other matters necessary for the assignment and service of public quarantine veterinarians shall be prescribed by Presidential Decree. <Amended by Act No. 9955, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 35 (Notification on Changes in Status of Public Health Doctors, etc. and Treatment thereof) |
| (1) | Where a public health doctor or doctor exclusively in charge of the draft physical examination falls under any of the following, the Minister of Health and Welfare, director of a regional military manpower office or the Minister of Foreign Affairs shall notify the Commissioner of the Military Manpower Administration thereof within 14 days: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14184, May 29, 2016> |
| 1. | Where his license of a medical doctor, dentist or oriental medical doctor is revoked or suspended; |
| 2. | Where he fails to comply with an order for education on duties as prescribed by the Act on Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, Etc.; |
| 3. | Where he deserts from his place of service or fails to engage in the service in the relevant field, for at least eight days in total without justifiable grounds; |
| 4. | Where he deserts from his place of service or fails to engage in the service in the relevant field, for a period not exceeding seven days in total without justifiable grounds; |
| 5. | Deleted; <by Act No. 13778, Jan. 19, 2016> |
| (2) | Where a public health doctor or doctor exclusively in charge of the draft physical examination falls under paragraph (1) 1, 2, 3 or 6 or Article 34-3, the Commissioner of the Military Manpower Administration shall revoke his transfer, and where he falls under paragraph (1) 4, the Commissioner shall order him to serve for a period five times the number of days during which he leaves his place of service or he does not perform his duties. <Amended by Act No. 12906, Dec. 30, 2014; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| (3) | Any person whose transfer to a public health doctor or doctor exclusively in charge of the draft physical examination is revoked pursuant to paragraph (2) shall return to the a position prior to his transfer and be enlisted for active duty service or called to social work personnel during the remaining service period in accordance with standards prescribed by Presidential Decree. In such cases, any person whose remaining service period is less than six months in accordance with standards prescribed by Presidential Decree, from among persons to be enlisted for active duty service, may be requested to serve as social work personnel. <Amended by Act No. 10814, Jul. 5, 2011; Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| (4) | Deleted. <by Act No. 12906, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
[This Article, which was determined to be inconsistent with the Constitution by the Constitutional Court on Jul. 29, 2010, is amended by Act No. 10814, Jul. 5, 2011.]
| Article 35-2 (Notification on Changes in Status of Public-Service Advocates and Treatment thereof) |
| (1) | Where any person assigned to serve as a public-service advocate falls under any of the following, the Minister of Justice shall notify the Commissioner of the Military Manpower Administration thereof within 14 days: <Amended by Act No. 14183, May 29, 2016> |
| 3. | Where he is deprived of or forfeits his status as a public-service advocate pursuant to the Public-Service Judge Advocates Act because he has deserted his place of service, or has not performed duties in the relevant field, for at least eight days in total without justifiable grounds; |
| 4. | Where he deserts his place of service or fails to perform duties in the relevant field, for not more than seven days in total without justifiable grounds; |
| (2) | Where any person transferred to serve as public-service advocates falls under paragraph (1) 1 through 3 or 5, the Commissioner of the Military Manpower Administration shall revoke his transfer, and where he falls under paragraph (1) 4, the Commissioner shall order him to serve for a period five times the number of days during which he leaves his place of service or he does not perform his duties. <Amended by Act No. 12906, Dec. 30, 2014; Act No. 14183, May 29, 2016> |
| (3) | Any person whose assignment to public-service advocates is cancelled pursuant to paragraph (2) shall be returned to a position he had before the transfer and be enlisted for active duty service or called to social work personnel service for the remaining service period calculated based on standards prescribed by Presidential Decree. In such cases, a person whose remaining service period is less than six months based on standards prescribed by Presidential Decree, among those to be enlisted for active duty service, may be ordered to be called to social work personnel service. <Amended by Act No. 10814, Jul. 5, 2011; Act No. 11849, Jun. 4, 2013> |
| (4) | Deleted. <by Act No. 12906, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 35-3 (Notice of Changes in Status of Public Quarantine Veterinarians and Treatment thereof) |
| (1) | When a person enlisted as a public quarantine veterinarian falls under any of the following, the Minister of Agriculture, Food and Rural Affairs shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from the day such cause or event arises: <Amended by Act No. 9955, Jan. 25, 2010; Act No. 11690, Mar. 23, 2013; Act No. 14183, May 29, 2016> |
| 1. | When his veterinarian's license is revoked or its validity is suspended pursuant to the Veterinarians Act; |
| 6. | When he deserts the assigned agency or place of service for not more than seven days in total without justifiable grounds; |
| 7. | When he fails to perform duties in the relevant field for not more than seven days in total without justifiable grounds. |
| (2) | When a person assigned to serve as a public quarantine veterinarian falls under any of paragraph (1) 1 through 5, the Commissioner of the Military Manpower Administration shall cancel the assignment and order him to return to a position he had before the assignment and to be enlisted for active duty service or called to social work personnel service for the remaining service period calculated based on standards prescribed by Presidential Decree. In such cases, a person whose remaining service period is less than six months based on standards prescribed by Presidential Decree, among those to be enlisted for active duty service, may be ordered to be called to social work personnel service. <Amended by Act No. 9955, Jan. 25, 2010; Act No. 10814, Jul, 5, 2011; Act No. 11849, Jun. 4, 2013> |
| (3) | When a person enlisted as a public quarantine veterinarian falls under paragraph (1) 6 or 7, the Commissioner of the Military Manpower Administration shall extend his service term by five times the number of days during which he has deserted or has not been engaged in the relevant service. <Amended by Act No. 9955, Jan. 25, 2010; Act No. 14183, May 29, 2016> |
| (4) | Deleted. <by Act No. 12906, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 3 Service of Expert Research Personnel and Industrial Technical Personnel
| Article 36 (Selection etc. of Designated Entities) |
| (1) | The Commissioner of the Military Manpower Administration shall select military service-designated entities (excluding agricultural corporations and after-sales service enterprises) for which expert research personnel or industrial technical personnel will serve, from among research institutions, key industrial enterprises, and defense industrial enterprises, according to standards determined by Presidential Decree. <Amended by Act No. 14183, May 29, 2016> |
| (2) | Where any research institution, key industrial enterprise or defense industrial enterprise which has not been selected as a military service-designated entity falls under a cause determined by Presidential Decree, such as the taking-over, etc. of a military service-designated entity selected pursuant to paragraph (1), it shall be deemed to have been selected as a military service-designated entity. <Amended by Act No. 14183, May 29, 2016> |
| (3) | Where a military service-designated entity selected pursuant to paragraph (1) falls under a cause prescribed by Presidential Decree, such as discontinuance of business, etc., the Commissioner of the Military Manpower Administration may cancel its selection as a military service-designated entity. <Amended by Act No. 14183, May 29, 2016> |
| (4) | The Commissioner of the Military Manpower Administration shall determine the number of persons to be assigned to expert research personnel service or industrial technical personnel service insofar as it does not obstruct the supply of personnel necessary for the armed forces and shall determine the number of persons to be assigned to each military service-designated entity, as prescribed by Presidential Decree. In such cases, he shall not discriminate against any person with regard to determination of the number of persons assigned to industrial technical personnel service or the number of persons to be assigned to each military service-designated entity due to his academic ability or his schools without any justifiable grounds. <Amended by Act No. 12906, Dec. 30, 2014; Act No. 14183, May 29, 2016> |
| (5) | The director of the competent regional military manpower office (referring to the director of a regional military manpower office having jurisdiction over an administrative district in which the workplace of a military service-designated entity, a succeeding farmer or a succeeding fisherman under Article 10 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities (hereinafter referred to as “succeeding farmer or fisherman”) is situated; hereafter the same shall apply in this Section) may transfer a person to expert research personnel service (excluding a person who falls under subparagraph 3) or industrial technical personnel service, if he falls under any of the following subparagraphs and is able to complete his mandatory service under Article 39 by the age of 35 (the age of 37 for any person falling under Article 37 (1) 3). In such cases, a person subject to enlistment in active duty service shall be transferred to supplementary service: <Amended by Act No. 11093, Nov. 22, 2011; Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | A person to be enlisted for active duty service; |
| 2. | A person in supplementary service to be called to social work personnel service; |
| 3. | A member of the social work personnel. |
| (6) | The head of each military service-designated entity shall submit a written oath to the director of a regional military manpower office (including the head of a military manpower branch office), stating that he/she shall comply with the terms and conditions of employment in good faith as agreed upon. <Amended by Act No. 14183, May 29, 2016> |
| (7) | Matters necessary for the selection, succession to, cancellation of selection of military service-designated entities, transfer to expert research personnel service or industrial technical personnel service, and the submission of a written oath under paragraphs (1) through (6) shall be determined by Presidential Decree. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 37 (Persons to be Transferred to Expert Research Personnel Service) |
| (1) | Any of the following persons may be transferred to expert research personnel service under Article 36 at his request: <Amended by Act No. 10866, Jul. 21, 2011; Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | A person who has attained a master's or higher degree (including a person who has completed the course of study in a combined master's and doctorate program), and engages in a research institution selected as a military service-designated entity (including a person in supplementary service to be called to social work personnel service after having acquired a bachelor's degree in natural science and engages in a research institution attached to a small business and selected as a military service-designated entity); |
| 2. | A person who has completed a doctorate program of natural science at a graduate school selected as a military service-designated entity (including a combined master's and doctorate program; hereinafter the same shall apply in this Article); |
| 3. | A person qualified as a medical doctor, dentist or oriental medical doctor who has completed a prescribed course in a military medical specialist training institution under Article 58 (2) 1 and in the course of study in a doctorate program of natural science at a graduate school under subparagraph 2. |
| (2) | A person who is in a doctorate program of natural science at a graduate school under paragraph (1) 2 or 3 may be selected as a person to be transferred to expert research personnel service before he completes the program (if he is in a combined master's and doctorate program, he shall have completed the term of school years required for the course of a master's degree provided in Article 31 of the Higher Education Act). <Newly Inserted by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 38 (Persons to be Transferred to Industrial Technical Personnel Service) |
| (1) | Any of the following persons may be transferred to industrial technical personnel service under Article 36 at his request. In such cases, those who fall under subparagraphs 1 and 2 (excluding both members of the social work personnel and persons in supplementary service to be called to social work personnel service) and those who fall under subparagraph 5 shall have technical qualifications or licenses prescribed by Presidential Decree: <Amended by Act No. 11093, Nov. 22, 2011; Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | A person engaged in a key industrial enterprise selected as a military service-designated entity in the field of manufacturing industry, mining, energy industry, construction, fisheries, or marine transportation business (in cases of fisheries or marine transportation, limited to persons who are currently performing or to perform duties on board a ship); |
| 3. | A person designated by Presidential Decree, because he is deemed specially required for the national interest, from among those with skills of an international level; |
| 4. | A succeeding farmer or fisherman who is recommended by the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or a Special Self-Governing Province Governor (including the head of a Si/Gun/Gu to whom such authority is delegated by the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor; hereafter the same shall apply in this Section); |
| 5. | An agricultural machinery operator of an agricultural corporation or a person serving with an after-sales service enterprise, who is recommended by the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu. |
| (2) | Notwithstanding the provisions of paragraph (1), persons engaged in the field of information processing at key industrial enterprises in the manufacturing industry under paragraph (1) 1 or at defense enterprises under paragraph (1) 2 shall have majored in the relevant field, completed a technical training course, or have a career experience in the relevant field determined by the Commissioner of the Military Manpower Administration. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 38-2 (Limitation on Transfer, etc. to Expert Research Personnel and Industrial Technical Personnel) |
Any person who is a relative by blood within the fourth degree of relationship with the representative director of any military service-designated entity (referring to the parent enterprise in the event that the military service-designated entity is a research institution affiliated therewith) shall be prohibited from being transferred to expert research personnel service or industrial technical personnel service under Articles 37 and 38 in the military service-designated entity or changing a job under the proviso to Article 39 (3). <Amended by Act No. 14183, May 29, 2016> [This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 39 (Service of Expert Research Personnel and Industrial Technical Personnel) |
| (1) | Expert research personnel and industrial technical personnel shall engage in the mandatory service in the relevant field during the periods classified as follows and where they complete the service for the period, they shall be deemed to complete their service as social work personnel. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | Three years for expert research personnel; |
| 2. | Two years and ten months for industrial technical personnel: Provided, That the mandatory service period for any industrial technical person who is transferred from supplementary service to be called to social work personnel service shall be two years and two months, but it shall be the remaining period calculated based on the standards prescribed by Presidential Decree, in cases of a person who is transferred while in service as a member of the social work personnel. |
| (2) | Expert research personnel and industrial technical personnel shall be subject to a call for military education under Article 55, and such education call period shall be included in their mandatory service period. <Amended by Act No. 14183, May 29, 2016> |
| (3) | Expert research personnel or industrial technical personnel shall be engaged in the relevant fields with military service-designated entities as at the time of their transfer: Provided, That in cases prescribed by Presidential Decree, such as discontinuance of business, etc. of military service-designated entities, and in cases where they obtain approval or permission from the director of the competent regional military manpower office as prescribed by Presidential Decree, because they are unable to be engaged in the relevant fields with the military service-designated entities as at the time of transfer due to a change of the designated entities in which they serve, dispatch, education and training for the performance of related duties, guidance for learning and technology or other extenuating circumstances, this shall not apply. <Amended by Act No. 14183, May 29, 2016> |
| (4) | Persons to be transferred to expert research personnel service or industrial technical personnel service shall submit a written oath to the effect that they will faithfully engage in their service during their mandatory service period referred to in paragraph (1). <Amended by Act No. 14183, May 29, 2016> |
| (5) | Matters necessary for service, such as fields in which expert research personnel and industrial technical personnel are to be engaged, calculation of the mandatory service period, oaths, etc., shall be prescribed by Presidential Decree. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 40 (Notification on Changes in Status of Expert Research Personnel and Industrial Technical Personnel) |
When any member of the expert research personnel, industrial technical personnel, or a military service-designated entity falls under any of the following subparagraphs, the head of the military service-designated entity (including a person in charge of personnel management on behalf of the head of a military service-designated entity) or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or a Special Self-Governing Province Governor (limited to cases of succeeding farmers and fishermen) shall notify the director of the competent regional military manpower office thereof within 14 days: Provided, That the head of an entity that employs any industrial technical personnel in the field of agriculture shall notify the director of the competent regional military manpower office thereof through the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu: <Amended by Act No. 11093, Nov. 22, 2011; Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016>
| 1. | Where he is dismissed or retires from the military service-designated entity in which he is in service, or where a person who has been transferred to the expert research personnel while pursuing a doctorate degree at a graduate school of natural science as prescribed in Article 37 (1) 2 or 3 is on a leave of absence from school, or expelled from school; |
| 2. | Where he does not serve in the relevant field with the military service-designated entity as at the time of transfer; |
| 3. | Where he absents himself from the office without notice for at least eight days in total during the mandatory service period; |
| 4. | Where his technical qualification or license for the relevant field is cancelled or suspended, or he is disqualified from being a succeeding farmer or fisherman; |
| 5. | Where he retires temporarily from office, is suspended from office, or is transferred from another military service-designated entity; |
| 6. | Where the military service-designated entity in which he is in service suspends its business, closes its operation, performs a lock-out, or discontinues its business; |
| 7. | Where any other cause prescribed by Presidential Decree arises. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 41 (Cancellation of Transfer to Expert Research Personnel Service or Industrial Technical Personnel Service and Imposition of Duties) |
| (1) | Where any person transferred to expert research personnel service or industrial technical personnel service falls under any of the following subparagraphs, the director of the competent regional military manpower office shall cancel the transfer: Provided, That when a person who is dismissed from the military service-designated entity in which he has served files an application for relief with the Labor Commission pursuant to Article 28 (1) of the Labor Standards Act or has instituted a lawsuit with a court to take issue on the validity of the dismissal and the case is still pending, he may reserve the cancellation of the transfer until a final decision is rendered, as prescribed by Presidential Decree, and when any person falling under subparagraph 2 of Article 40 has a cause prescribed by Presidential Decree, he may be allowed to serve for an extended mandatory service period which makes up for a period for which he has not served in the relevant field without revoking his transfer, as prescribed by Presidential Decree: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | Where he is transferred or changes his job by fraudulent means, such as false statement, submission of false materials, etc., in violation of Article 38-2; |
| 2. | Where he is transferred or changes his job by fraudulent means, such as giving or receiving money or articles (excluding cases falling under subparagraph 1); |
| 3. | Where he cannot complete the period of mandatory service under Article 39 (1) by the age of 35 (the age of 37 for any person falling under Article 37 (1) 3); |
| 4. | Where he falls under any of subparagraphs 1 through 4 of Article 40; |
| 5. | Where he has not responded to a call for military education under Article 55 without justifiable grounds; |
| 6. | Where the military service-designated entity in which he is in service discontinues its business, or the selection as a military service-designated entity is cancelled or such military service-designated entity becomes disqualified, but he fails to work in another military service-designated entity within a period prescribed by Presidential Decree; |
| 7. | Where he departs from the Republic of Korea without obtaining permission for overseas travel or resides abroad without obtaining permission to extend overseas travel provided for in Article 70 (1) or (3), or fails to return to the Republic of Korea within the permitted period without justifiable grounds; |
| 8. | Where he fails to return to Korea in violation of an order to return to the Republic of Korea under Article 83 (2) 10. |
| (2) | In cases where any member of the expert research or industrial technical personnel fails to perform mandatory service for any of the following reasons, the director of the competent regional military manpower office shall have him engaged in such service for a prolonged period equivalent to such missed period, as prescribed by Presidential Decree: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Where the military service-designated entity discontinues or suspends its business, or performs a lock-out; |
| 2. | Where any cause prescribed by Presidential Decree arises, such as a temporary withdrawal from office, suspension from office, etc. |
| (3) | Any person whose transfer to expert research personnel service or industrial technical personnel service has been cancelled under paragraph (1) shall be reinstated to a position he held before the transfer and then shall be enlisted for active duty service or called to social work personnel service. <Amended by Act No. 11849, Jun. 4, 2013> |
| (4) | For persons enlisted for active duty service or called to social work personnel service due to the cancellation of transfer pursuant to paragraph (1) after having been transferred to expert research personnel service or industrial technical personnel service, their service period may be reduced according to standards prescribed by Presidential Decree. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
[This Article was amended by Act No. 11849, promulgated November 24, 2011 pursuant to the decision of unconstitutionality by the Constitutional Court made on July 19, 2001]
| Article 42 (Adjustment of Service Period for Social Work Personnel, etc.) |
| (1) | Upon a request by the Commissioner of the Military Manpower Administration, the Minister of National Defense may adjust the period of service or the period of mandatory service of social work personnel, art and sports personnel, expert research personnel, or industrial technical personnel within the limit of one year, in any of the following cases. In such cases, for persons who are in supplementary service to be called to social work personnel service and are transferred to art and sports personnel service, expert research personnel service, or industrial technical personnel service, the scope of adjustment of the period of service or the period of mandatory service may be determined differently from that for persons transferred to active duty service: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| 1. | Where it is required to adjust the period of service or the period of mandatory service due to the reduction or extension of the period of active duty service; |
| 2. | Where it is required to reduce the period of service or the period of mandatory service due to poor working conditions or environment; |
| 3. | Where it is required for the supply and demand plan of military personnel. |
| (2) | The Minister of National Defense shall, if he/she intends to adjust the period of service or the period of mandatory service for social work personnel, art and sports personnel, expert research personnel, or industrial technical personnel under paragraph (1), obtain approval therefor in advance from the President after deliberation by the State Council. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| (3) | With regard to persons transferred to art and sports personnel pursuant to Article 33-7 (1) 2, 3, or 5 and persons transferred to supplementary service pursuant to Article 65 (1), their period of service may be reduced, as prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25, 2010; Act No. 13778, Jan. 19, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 43 (Fact-Finding Surveys on Social Work Personnel, etc.) |
| (1) | The director of a regional military manpower office or the director of the competent district military manpower office may conduct a fact-finding survey on the service and management of State organizations, local governments, public organizations, social welfare facilities, or military service-designated entities, etc. where social work personnel, art and sports personnel, expert research personnel, or industrial technical personnel are serving, as prescribed by Presidential Decree. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 13566, Dec. 15, 2015; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| (2) | The Commissioner of the Military Manpower Administration may conduct a fact-finding survey on the service of public health doctors, public-service judge advocates, or public quarantine veterinarians in cooperation with heads of the relevant central administrative agencies, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13566, Dec. 15, 2015; Act No. 13778, Jan. 19, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER VI IMPOSITION OF DUTIES FOR MILITARY FORCE MOBILIZATION CALL
SECTION 1 Call for Military Force Mobilization
| Article 44 (Persons Subject to Call for Military Force Mobilization) |
For the purpose of organizing military units or any operational demand at war, or in a public disturbance or national emergency corresponding thereto, a call for military force mobilization shall be issued to each of the following persons (hereinafter referred to as "person subject to a call for military force mobilization"): <Amended by Act No. 14183, May 29, 2016>
| 1. | Those in reserve service; |
| 2. | Those in supplementary service who have completed a call for military education; |
| 3. | Those transferred to supplementary service under Article 66. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 45 (Designation of Persons Subject to Call for Military Force Mobilization) |
| (1) | The director of each regional military manpower office shall designate persons subject to a call for military force mobilization, depending on the units in which they are to be enlisted. |
| (2) | Matters concerning the selection, etc. of persons subject to a call for military force mobilization under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 46 (Call for Military Force Mobilization) |
| (1) | At war or in a public disturbance or national emergency corresponding thereto, the director of each regional military manpower office shall call persons subject to a call for military force mobilization. |
| (2) | In order to respond to an urgent situation, such as war, public disturbance, etc., the Commissioner of the Military Manpower Administration may instruct the director of each regional military manpower office to serve prior notice of a call for military force mobilization. In such cases, each person who is served such prior notice of a call for military force mobilization shall enlist himself at such date and time as the Commissioner of the Military Manpower Administration notifies publicly through newspapers, television or radio broadcast. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 47 (Physical Examination for Call for Military Force Mobilization and Sending Invalids Home) |
| (1) | If any person subject to a call for military force mobilization enters the armed forces, the commanding officer of the relevant military unit shall conduct a physical examination of such person within two days he enters the unit. |
| (2) | The commanding officer of a military unit may invalid a person who is acknowledged as unfit for performing service of the call-up for military force mobilization or as in need of medical treatment for not less than 15 days due to disease or physical or mental disorder as a result of a physical examination for service, indicating his physical grade or the recovery period. <Amended by Act No. 14183, May 29, 2016> |
| (3) | The director of a regional military manpower office may assign persons sent home as an invalid under paragraph (2) and whose physical grade is specified, and who are incapable of performing service of a call-up for military force mobilization, to supplementary service or the wartime labor service, or exempt them from military service, and may re-call or conduct a follow-up examination of persons whose period of recovery is specified. <Amended by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 48 (Service, etc. of Persons Called for Military Force Mobilization) |
| (1) | The service and treatment of those enlisted in the military by a call for military force mobilization shall be the same as that afforded to those in active duty service. |
| (2) | Matters necessary for a release from a call for those enlisted in the military by the call for military force mobilization shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 2 Call for Military Force Mobilization Training
| Article 49 (Persons, etc. Subject to Call for Military Force Mobilization Training) |
| (1) | A call for military force mobilization training shall be issued to persons subject to a call for military force mobilization, for any training or check-up to make provision for a military force mobilization call, and the period shall not exceed 30 days in a year. <Amended by Act No. 13778, Jan. 19, 2016> |
| (2) | Notwithstanding paragraph (1), with regard to persons who have received promotion education for persons in reserve service pursuant to Article 55 (2) or persons residing in a region declared as special disaster areas pursuant to Article 60 of the Framework Act on the Management of Disasters and Safety, their call for military force mobilization training may be exempt for the relevant year or the next year, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13778, Jan. 19, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 50 (Call for Military Force Mobilization Training) |
| (1) | In order to conduct military force mobilization training, the director of each regional military manpower office shall call persons designated as those subject to a call for military force mobilization. |
| (2) | The Commissioner of the Military Manpower Administration may, if necessary, instruct the director of a regional military manpower office to serve a prior notice of a call for military force training. In such cases, the provisions of the latter part of Article 46 (2) shall apply mutatis mutandis. |
| (3) | Every person who receives the notice of a call for military force mobilization training shall enter the armed services on a designated date, time and place. |
| (4) | The director of a regional military manpower office may, when he intends to verify procedures for issuing a call for military force mobilization to prepare for an emergency situation, such as a war or public disturbance, issue a call for military force mobilization training on the date and time announced by the Commissioner of the Military Manpower Administration in newspapers or on television or radio according to the prior notice of a call for military force mobilization served under the former part of Article 46 (2) without serving individual notices calling the military force mobilization training to persons subject to a call for military force mobilization. |
| (5) | In respect of a call for surprise military force mobilization training to prepare for an emergency in accordance with Article 14 of the Emergency Resources Management Act, the director of a regional military manpower office may request the heads of Sis (including a Special Self-Governing City Mayor and a Special Self-Governing Province Governor; hereafter the same shall apply in this Article)/Guns/Gus to provide cooperation in serving notices of a call for military force mobilization training and encouraging their participation in military training, and the heads of Sis/Guns/Gus shall, upon receiving such request, provide necessary cooperation. In such cases, the director of a regional military manpower office may subsidize expenses incurred in relation thereto after consultations with the heads of Sis/Guns/Gus. <Amended by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 51 (Physical Examination for Call for Military Force Mobilization Training and Sending Invalids Home) |
| (1) | The commanding officer of each military unit shall conduct a physical examination of those who enter the unit upon a call for military force mobilization training, within two days from the date they enter the unit. |
| (2) | The commanding officer of a military unit may invalid any person who is acknowledged as unfit for participating in a military force mobilization training due to disease or mental or physical disorder as a result of a physical examination for service. |
| (3) | The director of a regional military manpower office may re-call persons who have been sent home as an invalid under paragraph (2) or may exempt them from a call for military force mobilization training in the relevant year. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 52 (Service of Persons Called for Military Force Mobilization Training) |
| (1) | Each person who enters the armed services upon a call for military force mobilization training shall perform service equivalent to active duty service, and may take meals or receive allowances, etc. within budgetary limits. |
| (2) | Where a person who enters the armed services upon a call for military force mobilization training is arrested for a crime committed while in service, or fails to receive training for more than a third of the service period without justifiable grounds, he may be re-called. |
| (3) | Matters necessary for a release from a call for military force mobilization training shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 3 Call for Wartime Labor
| Article 53 (Persons Subject to Call for Wartime Labor) |
| (1) | A call for wartime labor shall be issued to any of the following persons, to support military activities at war or in a public disturbance or national emergency corresponding thereto: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14183, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Persons in supplementary service under subparagraph 2 of Article 44, excluded from the designation in respect of a call for military force mobilization; |
| 2. | Persons in the wartime labor service (excluding persons who have obtained a license or qualification under the National Technical Qualifications Act and other statutes and regulations, and other persons who have obtained a technical license or qualification under foreign statutes and regulations, and who are recognized by the Minister of the Interior and Safety); |
| 3. | Persons excluded from a call for military education as prescribed in Article 55 (3). |
| (2) | Any check-up for wartime labor call may be conducted on those subject to a call for wartime labor under paragraph (1), and the period of such check-up shall not exceed two days in a year. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 54 (Call for Wartime Labor and Physical Examination for Service, etc.) |
| (1) | The provisions of Articles 45 through 48 shall apply mutatis mutandis to the designation, call-up, physical examination for service, invalidment, service, etc. of those subject to a call for wartime labor. In such cases, "call for military force mobilization" shall be construed as "call for wartime labor," and "service of a military force mobilization call" as "service of a wartime labor call." |
| (2) | Notwithstanding paragraph (1), the Minister of National Defense may allow persons called for wartime labor to live outside military units, and provide them with meals, or pay them allowances, etc., within budgetary limits. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 4 Call for Military Education
| Article 55 (Persons, etc. Subject to Call for Military Education) |
| (1) | A call for military education may be issued to those in supplementary service and those in onboard ship reserve service for up to 60 days, and matters necessary for the time, period of call, release from call, etc. shall be prescribed by Presidential Decree: Provided, That those in the wartime labor service may be called up in cases where military education is required. <Amended by Act No. 14183, May. 29, 2016> |
| (2) | Where it is required for national defense, a call under paragraph (1) may be issued to qualify those in reserve service, supplementary service, or the wartime labor service, for promotion to a higher rank or appointment as an officer, as prescribed by Presidential Decree. In such cases, the period of a call shall not exceed 120 days. <Amended by Act No. 14183, May. 29, 2016> |
| (3) | Notwithstanding paragraph (1), no one in supplementary service may be called up for military education based on qualifications, such as physical grade, educational background, age, etc., and the standards shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended by Act No. 14183, May. 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 56 (Physical Examination for Enlistment and Service, etc.) |
| (1) | The provisions of Article 17 shall apply mutatis mutandis to physical examinations for enlistment and the invalidment of persons in supplementary service and onboard ship reserve service called up for military education pursuant to the main sentence of Article 55 (1). In such cases, "enlistment for active duty service" shall be construed as "call for military education,” and "active duty service" as "supplementary service or onboard ship reserve service." <Amended by Act No. 14183, May. 29, 2016; Act No. 14611, Mar. 21, 2017> |
| (2) | The provisions of Article 47 shall apply mutatis mutandis to physical examinations for enlistment and the invalidment of those in reserve service, supplementary service or the wartime labor service called up for military education pursuant to the proviso to Article 55 (1) or (2). In such cases, "call for military force mobilization" shall be construed as "call for military education," and "recovery period for not less than 15 days" as "recovery period for not less than seven days." <Amended by Act No. 14183, May. 29, 2016> |
| (3) | The service and treatment of those enlisted in the military upon a call for military education shall be the same as that afforded to those in active duty service. <Amended by Act No. 14183, May. 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER VII STUDENT MILITARY EDUCATION AND ENROLLMENT OF MILITARY SURGEON
| Article 57 (Student Military Education, etc.) |
| (1) | Any student who attends a high school or higher may be provided with general military education, as prescribed by Presidential Decree, and the service period of those in active duty service (including those on active duties prescribed in Article 21 or 25) or the social work personnel who have received such military education may be shortened. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14170, May 29, 2016> |
| (2) | Any school equivalent to a high school or higher may establish courses for student military training corps for officer candidates or noncommissioned officer candidates, and any person who has completed such courses may be enrolled on the military register of officers or noncommissioned officers in active duty service. <Amended by Act No. 14183, May 29, 2016> |
| (3) | Any person who has received military education under paragraphs (1) and (2), may receive remuneration, meal service, allowances, etc., within budgetary limits, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 58 (Enrollment of Military Surgeons, Judicial Officers, Military Chaplains, Veterinary Officers, etc.) |
| (1) | Any of the following persons to be enlisted for active duty service may, at his request, be enrolled on the military register of officers in active duty service in the medical, judicial, religious, or veterinary field. In such cases, standards for selecting religions subject to enrollment in the religious field under subparagraph 3, standards and procedures for selecting active duty officers in the religious field, etc. shall be prescribed by Presidential Decree: <Amended by Act No. 11849, Jun. 4, 2013> |
| 1. | A person qualified as a medical doctor, dentist or oriental medical doctor; |
| 2. | A person qualified as a judge, public prosecutor or attorney-at-law; |
| 3. | A person who is a pastor, priest or Buddhist monk holding an academic degree equal to or higher than a bachelor's degree and any other person who performs a duty equivalent thereto whose qualification is recognized by a religious organization to which he belongs; |
| 4. | A person qualified as a veterinarian. |
| (2) | Any of the following persons who apply for a military surgeon candidate, judicial officer candidate, military chaplain candidate, or veterinary officer candidate may be enrolled as a military surgeon candidate, judicial officer candidate, military chaplain candidate, or veterinary officer candidate, and matters necessary for those to be enrolled, restrictions on age, standards and procedures for their selection, etc. shall be prescribed by Presidential Decree: <Amended by Act No. 11849, Jun. 4, 2013> |
| 1. | A person who is qualified as a medical doctor, dentist, or oriental medical doctor, and is enrolled in the prescribed course at a military medical specialist training institution; |
| 2. | A person who is enrolled in the prescribed course in a pertinent training institution for the purpose of obtaining qualifications to be a judge, public prosecutor, or attorney-at-law; |
| 3. | A person who is enrolled in a college of theology or Buddhism, or any other college to foster clergymen in order to obtain qualifications to become a pastor, priest, Buddhist monk, or any other person who performs duties equivalent thereto; |
| 4. | A person who is enrolled in a college of veterinary science (including a department of veterinary science in a college where such department is established) in order to obtain qualification for a veterinarian. |
| (3) | Any person who is enrolled on the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates pursuant to paragraph (2) may be enrolled on the military register of officers in active duty service in special branches of the army until reaching 35 years of age, and any person who is expunged from the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates may be enlisted for active duty service or called to social work personnel service, depending on their physical grade. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May. 29, 2016> |
| (4) | Any person to be enrolled on the military register of officers in active duty service under paragraphs (1) and (3) of this Article and Article 59 may be enlisted in a military unit to receive military education. |
| (5) | Where any person referred to in paragraph (4) enters the armed services, the commanding officer of the military unit shall conduct a physical examination of him within seven days (including Saturdays and holidays) from the date he enters the armed services and shall invalid any person who is acknowledged as unfit for active duty service or as in need of medical treatment for not less than 15 days due to disease or physical or mental disorder as a result of such physical examination, indicating the severity of the disease or mental or physical disorder and the recovery period (limited to where the recovery period can be known). The same shall apply to those who are recognized to be in need of medical treatment for at least 15 days due to disease or mental or physical disorder that occurs while receiving military education. <Amended by Act No. 13778, Jan. 19, 2016> |
| (6) | The Commissioner of the Military Manpower Administration shall conduct a follow-up physical examination, as prescribed by Presidential Decree, of those who have been sent home as an invalid under paragraph (5), and change his military service disposition or have him re-enter the armed services according to his physical grade: Provided, That in cases of an invalid with a clear statement specifying the recovery period is less than three months, the director of the regional military manpower office may have him re-enter the military services without a follow-up physical examination. <Amended by Act No. 14183, May 29, 2016> |
| (7) | The Ministry of National Defense shall have a committee for the management and examination of military chaplains in order to deliberate on matters concerning the selection of religions eligible for enrollment on the military register, selection of officers in active duty service to minister to soldiers of the military, etc. under paragraph (1). In such cases, matters necessary for the organization, operation, etc. of such committee shall be prescribed by Presidential Decree. |
| (8) | Matters necessary for standards and procedures for selecting officers in active duty service in the fields of medicine, law, and veterinary science among persons enrolled on the military register of military surgeon candidates, judicial officer candidates, and veterinary officer candidates as prescribed in paragraph (2), etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11849, Jun. 4, 2013> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 59 (Enrollment of Persons, etc. who have Passed Open Competitive Examination for Appointment as Public Officials of Grade V, as Officers in Basic Branches of Army) |
Any of the following persons to be enlisted for active duty service may be enrolled, at his request, on the military register of officers in active duty service in the basic branches of the army. In such cases, a person who falls under any of the subparagraphs 2 through 4 shall be enrolled by the time he reaches the age of 29: <Amended by Act No. 14183, May 29, 2016>
| 1. | Any of the following persons who is not enrolled on the military register of officers in active duty service in the field of judicial affairs: |
| (b) | A person falling under Article 58 (2) 2, who has completed the course for judicial officer candidates after having been enrolled on the military register of judicial officer candidates; |
| 2. | A person who has passed an open competitive examination for appointment as public officials of Grade V under the State Public Officials Act; |
| 3. | A person who has passed an open competitive examination for appointment as public officials of Grade V under the Local Public Officials Act; |
[This Article Wholly Amended by Act No. 11849, Jun. 4, 2013]
CHAPTER VIII POSTPONEMENT AND REDUCTION OF AND EXEMPTION FROM MILITARY DUTY
| Article 60 (Postponement of Draft Physical Examination and Enlistment in Military, etc.) |
| (1) | The director of a regional military manpower office may postpone the draft physical examination or follow-up draft physical examination of any of the following persons subject to the draft physical examination or follow-up draft physical examination: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | A crew member of a ship navigating to or from a foreign country; |
| 2. | A person who stays or resides in a foreign country; |
| 3. | A person who is detained for any crime, or is under execution of sentence. |
| (2) | The director of a regional military manpower office may postpone the conscription or call-up of a person who has undergone a draft physical examination or a follow-up draft physical examination, who falls under any of paragraph (1) 1 through 3 or falls under any of the following: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | A student who attends a high school or higher; |
| 2. | A person who is taking a prescribed course at a training institute; |
| 3. | An outstanding athlete to enhance the national prestige. |
| (3) | Any person whose draft physical examination, follow-up draft physical examination, conscription, or call-up has been postponed under paragraph (1) or (2) shall, where he applies for a draft physical examination, follow-up draft physical examination, conscription, or call-up, or where his cause of the postponement ceases to exist, undergo the draft physical examination or follow-up draft physical examination or be conscripted or called up in the current or following year. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (4) | When any person whose conscription or call-up is postponed under paragraph (2) is re-conscripted or re-called, his assignment to military service may be changed in conformity with the criteria for military service assignment of the year in which he is re-conscripted or re-called. |
| (5) | Matters necessary for the scope of schools, training institutes, and outstanding athletes referred to in paragraph (2), restrictions on postponement, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 61 (Postponement of Date for Fulfillment of Duty) |
| (1) | For any person who has received or is to receive a written notice of a draft physical examination, follow-up draft physical examination, conscription, or call-up, but is unable to fulfill it on the date for fulfillment of the duty due to disease, mental or physical disorder, disaster, employment, etc. as prescribed by Presidential Decree, the date may be postponed upon his request: Provided, That for a person subject to a draft physical examination or follow-up draft physical examination, a person to be enlisted for active duty service, or a person to be called to social work personnel service, the date for fulfillment of the duty shall not be postponed, passing the date his age is over 30. <Amended by Act No. 9946, Jan. 25, 2010; Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (2) | For any person for whom the date for fulfillment of a duty is postponed pursuant to paragraph (1), a written notice shall be served again with a new date fixed: Provided, That where a person who has received or is to receive a conscription or call notice is deemed unable to serve in the military due to disease or mental or physical disorder, his assignment to military service may be changed after his physical examination. <Amended by Act No. 14183, May 29, 2016> |
| (3) | Notwithstanding paragraph (1), where filing an application for postponement of enlistment date is difficult due to reasons prescribed by Presidential Decree, such as unknown whereabouts, disaster, etc., the director of a regional military manpower office may postpone ex officio a date for fulfillment of the duty until such reasons are resolved. <Newly Inserted by Act No. 9946, Jan. 25, 2010; Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 62 (Transfer, etc. to Wartime Labor Service due to Family Reasons) |
| (1) | A person to be enlisted for active duty service may be transferred to the wartime labor service upon his request, if he falls under subparagraph 1, or to supplementary service upon his request, if he falls under subparagraph 2: <Amended by Act No. 14183, May 29, 2016> |
| 1. | A person who is the sole provider of his family's livelihood; |
| 2. | Any one person whose parent, spouse, or sibling was killed in action, died on duty, or has disabilities caused by a war wound or a wound in the course of performing his duty. |
| (2) | Any person in supplementary service falling under paragraph (1) 1 may be transferred to the wartime labor service upon his request. <Amended by Act No. 14183, May 29, 2016> |
| (3) | Matters necessary for the scope of the family, the criteria for determination of the difficulty in maintaining a household, the timing for application, the scope of those killed in action, those died on duty, and those with disabilities caused by a war wound or a wound in the course of performing his duty, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 63 (Discharge, etc. from Military Service due to Family Reasons) |
| (1) | An active duty serviceman falling under Article 62 (1) 1 (including those in active duty service pursuant to Article 21 or 25; hereafter the same shall apply in this Article) may be transferred to the wartime labor service upon his request. <Amended by Act No. 14170&14183, May 29, 2016> |
| (2) | Any person who is in active duty service or serves as a member of the social work personnel, falling under Article 62 (1) 2 may have, upon his request, his service period shortened into six months, and any person who has completed his service period may be transferred to supplementary service, or released from the call. <Amended by Act No. 11849, Jun. 4, 2013> |
| (3) | Any person who is in service as a serviceman due to a call for military force mobilization or a call for wartime labor (including those who have received a written notice of call-up), falling under Article 62 (1) 1 may be transferred to the wartime labor service upon his request, or may have the call cancelled or postponed. <Amended by Act No. 14184, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 64 (Exemption of Persons in Preliminary Military Service from Military Service) |
| (1) | The director of a regional military manpower office may exempt any person in the preliminary military service and falling under subparagraph 1 (limited to persons whose physical grade falls under Grade VI) or 2 from military service without a draft physical examination upon his request, and may transfer any person whose physical grade falls under Grade V among those who fall under subparagraph 1 or any person falling under subparagraph 3 to the wartime labor service without a draft physical examination upon his request: Provided, That when a person exempted from military service or transferred to the wartime labor service under subparagraph 1 is subject to the adjustment to the severity of disability referred to in Article 2 of the Act on Welfare of Persons with Disabilities or to the return of his registration certificate under Article 32 of the same Act due to a change in the conditions of his disability before he attains the age of 19, the director of the regional military manpower office may order him to undergo a draft physical examination after cancelling the disposition of such exemption or transfer: <Amended by Act No. 9946, Jan. 25 2010; Act No. 12560, May 9, 2014; Act No. 14183, May 29, 2016; Act No. 15270, Dec. 19, 2017> |
| 1. | A person who is incapable of providing military service due to an overall deformity, disease, mental or physical disorder, etc.; |
| 2. | A person who has immigrated from the north of the Military Demarcation Line; |
| 3. | A person who falls under a ground prescribed in Article 65 (1) 2 or 3. |
| (2) | Matters necessary for the scope of a person referred to in paragraph (1) and the procedures for filing an application, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25 2010> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 65 (Change, etc. of Assignment to Military Service) |
| (1) | Any person in active duty service (including those in active duty service pursuant to Article 21 or 25, and those to be enlisted for active duty service), in onboard ship reserve service, or in supplementary service, falling under subparagraph 1, may be transferred to supplementary service or the wartime labor service, or exempted from military service, after a physical examination, and any person who falls under subparagraph 2 or 3 may be transferred to supplementary service or the wartime labor service: <Amended by Act No. 9946, Jan. 25 2010; Act No. 13778, Jan. 19, 2016; Act No. 14170&14183, May 29, 2016> |
| 1. | A person who is incapable of performing military service due to a war wound or a wound in the course of performing his duty, disease, or mental or physical disorder; |
| 2. | A prisoner who is prescribed by Presidential Decree; |
| 3. | A person who is recognized to be unfit for military service due to naturalization pursuant to the Nationality Act or other grounds prescribed by Presidential Decree. |
| (2) | Where a person in active duty service (including those who perform military service as prescribed in Article 21 or 25), onboard ship reserve service, or supplementary service emigrates with his family to a foreign country, he may be transferred to supplementary service, or his call-up to social work personnel service may be discharged, as prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25 2010; Act No. 11849, Jun. 4, 2013; Act No. 14170, May 29, 2016> |
| (3) | Where a person in active duty service (including those who perform military service as prescribed in Article 25) wishes to perform full-time reserve service due to child-birth, he may be transferred to the reserve service, as prescribed by Presidential Decree. <Newly Inserted by Act No. 10704, May 24, 2011; Act No. 14170, May 29, 2016> |
| (4) | Any person in reserve or the wartime labor service who is incapable of performing military service due to a reason referred to in paragraph (1) 1 may, upon his request, be transferred to the wartime labor service or exempted from military service after a physical examination. <Amended by Act No. 14183, May 29, 2016> |
| (5) | Any serviceman in reserve service who is serving time in prison may be transferred to the wartime labor service, as prescribed by Presidential Decree. <Amended by Act No. 14183, May 29, 2016> |
| (6) | Where a person transferred to supplementary service or for whom a call-up to social work personnel service has been released on the ground that he plans to emigrate to a foreign country with his family as prescribed in paragraph (2) falls under reasons prescribed by Presidential Decree, such as that he returns to the Republic of Korea in order to permanently reside in the Republic of Korea, such disposition may be revoked and the duty of military service may be imposed. <Amended by Act No. 11849, Jun. 4, 2013> |
| (7) | The director of each regional military manpower office shall issue a call for military education as prescribed in Article 55 to the crew of ships navigating to or from foreign countries who are to be called up as social work personnel, but whose call-up to social work personnel service is postponed for at least three years from the day prescribed by Presidential Decree by reasons, as prescribed in Article 60 (1) 1, and when they have completed the call for military education, they shall be deemed to have completed their service as social work personnel. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (8) | If a person falling under any of the following subparagraphs wants to perform active service or serve as a member of the social work personnel, the director of the competent regional military manpower office may revoke the relevant disposition and change his assignment to military service, as prescribed by Presidential Decree: <Amended by Act No. 14611, Mar. 21, 2017> |
| 1. | A person in supplementary service (limited to both social work personnel service and supplementary service to be called to social work personnel service) or wartime labor service whose disease or mental or physical disorder is treated or whose educational background is changed; |
| 2. | A person exempted from military service pursuant to Article 64 (1) 2. |
| (9) | Where the number of persons to be called to social work personnel service is larger than that of persons to be assigned to the social work personnel under Article 27, the director of the regional military manpower office may transfer some of the persons to be called to the wartime labor service according to standards prescribed by Presidential Decree, taking into consideration their academic career and the year in which they are transferred to supplementary service. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14184, May 29, 2016> |
| (10) | If a person in supplementary service to be called to social work personnel service has a change in his educational background (including educational background recognized as equivalent to graduation from a school pursuant to Article 2 of the Elementary and Secondary Education Act) within the period prescribed by Presidential Decree, the director of the competent regional military manpower office may change his assignment to military service in conformity with the criteria for military service assignment of the year in which such change occurs. <Newly Inserted by Act No. 14611, Mar. 21, 2017> |
| (11) | Notwithstanding paragraph (1) or (4), with regard to any person who is recognized to be unfit for continuing the military service due to a disease which makes it impracticable to determine a physical grade or due to mental disorder (limited to active duty servicemen, persons performing the military service after secondment, persons in the full-time reserve service or social work personnel) or any person whose physical disability is clearly distinguishable, the disposition of military service may be changed without a physical examination. In such cases, matters necessary for standard, methods and procedures for change of a disposition shall be prescribed by Presidential Decree. <Amended by Act No. 14183, May 29, 2016> |
| (12) | The scope of families referred to in paragraph (2) shall be prescribed by Presidential Decree. |
| (13) | For a person enlisted for active duty service following any change in his assignment to military service pursuant to paragraph (8) while in service as a member of the social work personnel, the term of service may be shortened in accordance with the criteria prescribed by Presidential Decree. <Newly Inserted by Act No. 14611, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 66 (Transfer of Officers, etc. to Supplementary Service, and Cancellation thereof) |
| (1) | Where officers, warrant officers or noncommissioned officers in active or reserve service fall under a cause for disqualification for appointment prescribed by the Military Personnel Management Act and are thus expelled from the army or deprived of their status, they shall be transferred to supplementary service as officers, warrant officers, or noncommissioned officers. |
| (2) | Where military surgeons, judicial officers, military chaplains, or veterinary officers in reserve service become disqualified, or their relevant professional licenses are cancelled, they shall be deprived of their status and transferred to supplementary service. |
| (3) | For persons transferred to supplementary service under paragraphs (1) and (2) and for whom the cause of such transfer to supplementary service ceases to exist and who fall under each of the following subparagraphs, the disposition of transfer to supplementary service may be cancelled upon their request. In such cases, the effect of such disposition of cancellation shall not be retroactive: |
| 1. | Persons of sound mind; |
| 2. | Persons whose conduct is good; |
| 3. | Persons whose physical strength is unimpaired (excluding those to be retired or exempted from military service as prescribed in paragraph (4)). |
| (4) | Any person whose transfer to supplementary service has been cancelled under paragraph (3) and whose age did not exceed the age limit prescribed by the Military Personnel Management Act for the rank holding at the time he was transferred to supplementary service, on the day such transfer was cancelled, shall be transferred to reserve service with such rank, but any person who is incapable of performing reserve service due to a mental or physical disorder, or any person whose age exceeds the age limit, shall be retired or exempted from military service. |
| (5) | Matters necessary for the procedures for cancellation of transfer to supplementary service under paragraph (3) and for the transfer to reserve service, etc. under paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 67 (Adjustment of Order in Call for Military Force Mobilization or Call for Wartime Labor to Lower Priority) |
| (1) | The director of a regional military manpower office may adjust an order of call-up for those who are deemed particularly necessary among those to be called for military force mobilization or wartime labor and serving in a State agency or defense enterprise performing the function of national mobilization in wartime to a lower priority, as prescribed by Presidential Decree. <Amended by Act No. 14183, May 29, 2016> |
| (2) | Where any person whose order of call-up is adjusted to a lower priority as prescribed in paragraph (1) has been excluded from those to be reduced to a lower priority by reason of retirement, change of position, etc., the employer (including a person in charge of personnel management on behalf of the employer; hereinafter the same shall apply) shall notify the director of the competent regional military manpower office thereof within 14 days. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 68 (Restrictions on Postponement of Military Service and on Reduction of and Exemption from Liability for Military Service) |
No person who has committed a crime prescribed in Article 86 through 88 or 94, who has walked away from his post after conscription or call-up, or who has purposely invoked any cause of postponement or reduction of, or exemption from, the duty of military service, shall be subject to any of the following dispositions: Provided, That this shall not apply to any person who is the sole provider of his family's livelihood, except those who have purposely invoked such cause: <Amended by Act No. 9946, Jan. 25, 2010; Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> | 1. | Transfer to onboard ship reserve service, international cooperation service personnel, art and sports personnel, expert research personnel service, or industrial technical personnel service, as prescribed in Article 21-2, 33-7 or 36; |
| 2. | Postponement of a draft physical examination, follow-up draft physical examination, and conscription or call-up, as prescribed in Article 60 (1) 1 and 2 and (2); |
| 3. | Transfer to the wartime labor service or supplementary service due to family reasons under Article 62; |
| 4. | Reduction of the service period for active duty servicemen or social work personnel due to family reasons under Article 63. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER IX CHANGE OF RESIDENCE AND OVERSEAS TRAVEL OF PERSONS LIABLE FOR MILITARY SERVICE
| Article 69 (Reporting on Change of Residence) |
| (1) | Where any person liable for military service (excluding those in active duty service) changes his place of residence, he shall file a moving-in report within 14 days therefrom under Article 16 of the Resident Registration Act. |
| (2) | The Minister of the Interior and Safety shall notify the Commissioner of the Military Manpower Administration of any change in residence of persons liable for military service under paragraph (1) and other changes in their status to manage the persons liable for military service. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for establishing procedures for making notifications under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 69-2 (Notification of Military Service Disposition) |
| (1) | The Commissioner of the Military Manpower Adminstration shall notify the Minister of the Interior and Safety of data on changes in status of persons liable for military service, such as a military service disposition (including changes in such assignment; hereinafter the same shall apply), enlistment, release from military service, and discharge from a call, which are necessary for pigeonholing their resident registration cards. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for details, scope of the data notified pursuant to paragraph (1), and procedures for furnishing the data shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 70 (Permission for Overseas Travel and Revocation thereof) |
| (1) | Any of the following persons liable for military service shall, whenever he intends to travel abroad, obtain permission from the Commissioner of the Military Manpower Administration: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Persons of 25 or more years of age who are in the preliminary military service or in supplementary service and have yet to be enlisted; |
| 2. | Persons in service or in mandatory service as personnel of onboard ship reserve service or in supplementary service. |
| (2) | The Commissioner of the Military Manpower Administration shall issue a disposition in compliance with the following guidelines against persons prescribed by Presidential Decree, including those who have a record on evasion of, or are currently evading, the draft physical examination, follow-up draft physical examination, physical examination for confirmation, or enlistment in the military without justifiable grounds: Provided, That this shall not apply to extenuating circumstances prescribed by Presidential Decree, such as death of a family member: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | Where they are subject to permission for travel abroad as prescribed in paragraph (1), such permission shall not be granted; |
| 2. | Where they are less than 25 years of age and have yet to be enlisted for the preliminary military service or in supplementary service, measures necessary for restricting their travel abroad shall be taken. |
| (3) | Where a person who has obtained permission for travel abroad has difficulties in returning to the Republic of Korea within the permitted period, he shall obtain permission for the extension of a period or further permission for travel abroad from the Commissioner of the Military Manpower Administration within 15 days before the expiry of such period; and where he left the Republic of Korea before reaching the age of 25, he shall obtain permission for the extension of a period or further permission for travel abroad by no later than January 15 of the year he reaches the age of 25. |
| (4) | The scope of and procedures for permission for overseas travel or the extension period referred to in paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
| (5) | Where the Commissioner of the Military Manpower Administration has granted permission for travel abroad or permission for the extension of a period, he/she shall notify the Minister of Justice thereof. |
| (6) | Where a person who has obtained permission for overseas travel or permission for extending his period of overseas travel pursuant to paragraphs (1) and (3) returns to the Republic of Korea for the purpose of permanently residing in his homeland and his act falls under any ground prescribed by Presidential Decree, the permission for overseas travel and the permission for extending a travel period may be revoked and the duty of military service may be imposed on him. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER X COMPLETION OF MANDATORY MILITARY SERVICE
| Article 71 (Reduction of and Exemption from Liability for Enlistment, etc.) |
| (1) | The liability for a draft physical examination, follow-up draft physical examination, physical examination for confirmation, enlistment for active duty service, or call-up to social work personnel service shall expire as of the time the relevant person attains 36 years of age, and the exempted persons shall be transferred to the wartime labor service: Provided, That any of the following persons shall be exempted as of the time they attain 38 years of age: <Amended by Act No. 9946, Jan, 25, 2010; Act No. 10704, May 24, 2011; Act No. 11849, Jun. 4, 2013; Act No. 12906, Dec. 30, 2014; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016; Act No. 14611, Mar. 21, 2017> |
| 1. | Persons who evaded or currently evade a draft physical examination, follow-up draft physical examination, physical examination for confirmation, enlistment in active service, or call-up to social work personnel service without justifiable grounds, or whose whereabouts were or are unknown; |
| 1-2. | Persons whose assignment to onboard ship reserve service is revoked pursuant to Article 23-4 (1); |
| 2. | Persons whose assignment to art and sports personnel is revoked pursuant to Article 33-10 (4) 3 through 6; |
| 3. | Persons whose assignment to public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates or public quarantine veterinarians is cancelled pursuant to Article 35 (2), 35-2 (2) or 35-3 (2); |
| 4. | Persons whose assignment to expert research personnel service or industrial technical personnel service is cancelled under Article 41 (1); |
| 5. | Persons who are expunged from the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates under Article 58 (3); |
| 6. | Persons whose draft physical examination, follow-up draft physical examination, enlistment, etc. is postponed for any reason provided for in Article 60 (1) 2; |
| 7. | Persons who are transferred to supplementary service or who are discharged from a call-up to social work personnel service on any ground provided for in Article 65 (2); |
| 8. | Persons for whom a disposition taken for transfer to supplementary service or for discharge from a call-up to social work personnel service is revoked pursuant to Article 65 (6); |
| 9. | Persons who left the Republic of Korea or are staying in a foreign country, without obtaining permission as prescribed in Article 70 (1) or (3), or who fail to return to the Republic of Korea within the permitted period without justifiable grounds; |
| 10. | Persons whose exemption from military service or assignment to the wartime labor service or supplementary service was made in a false or other dishonest manner, and thus cancelled; |
| 11. | Persons who acquired Korean nationality after obtaining permission for restoring their nationality pursuant to Article 9 of the Nationality Act: Provided, That the same shall not apply to those who acquired Korean nationality by naturalization; |
| 12. | Persons who have filed for administrative litigation against the Commissioner of the Military Manpower Administration or the director of a regional military manpower office (including the head of a military manpower branch office) after reaching the age of 29 and who have been issued a final ruling that they lost the case. |
| (2) | Any person who is subject to enlistment for active duty service under the proviso to paragraph (1) and is 36 or more years of age may be allowed to serve as a member of the social work personnel. <Amended by Act No. 9946, Jan. 25, 2010; Act No. 11849, Jun. 4, 2013> |
| (3) | Paragraph (1) shall not apply to any person whose assignment is cancelled on grounds falling under Article 33-10 (4) 1 or 2. <Newly Inserted by Act No. 11849, Jun. 4, 2013; Act No. 12906, Dec. 30, 2014; Act No. 13778, Jan. 19, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 72 (Completion of Mandatory Military Service) |
| (1) | The duty of military service of soldiers enlisted for active, reserve, and supplementary services, and of those in the wartime labor service, shall be completed by the time they attain 40 years old, and that of officers, warrant officers and noncommissioned officers in reserve and supplementary services, in the year they attain the age limit of their ranks as prescribed by the Military Personnel Management Act. <Amended by Act No. 14183, May 29, 2016> |
| (2) | When the term of military service referred to in paragraph (1) is completed, the officers, warrant officers, and noncommissioned officers shall retire from the service, and the enlisted men shall be exempted from military service. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER XI GUARANTEES OF RIGHTS AND INTERESTS FOR THOSE HAVING FULFILLED MANDATORY MILITARY SERVICE
| Article 73 (Guarantee of Reinstatement to School and Recognition of Academic Credits Acquired While in Military Service) |
| (1) | The head of a school equivalent to a high school or higher shall reinstate upon application any student who withdrew temporarily from school and was enlisted in the military through conscription, call-up, or volunteering, or was in onboard ship reserve service or in supplementary service by call-up, etc. (referring to service or mandatory service as social work personnel, art and sports personnel, public health doctor, doctor exclusively in charge of the draft physical examination, public-service advocate, public quarantine veterinarian, expert research personnel or industrial technical personnel; hereafter the same shall apply in Article 74) to the relevant school, when he has completed the aforementioned service. Even if the enrollment term expires, those who do not impede the educational schedule shall be reinstated to the relevant school upon their application. <Amended by Act Nos. 9946 & 9955, Jan. 25, 2010; Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| (2) | The head of a school under paragraph (1) (excluding a high school or an educational facility accredited for academic attainments equivalent thereto) may, when a person who takes leave from school temporarily for enlistment in active duty service or other military service pursuant to paragraph (1) desires to attend a remote education class through broadcasting, telecommunications, Internet, or any other information network to acquire academic credits, allow such person to enroll in the class, as prescribed by school regulations. |
| (3) | Where a person who stays out of school temporarily for military service through conscription or volunteering, is allowed to enroll in a remote education class pursuant to paragraph (2), the commanding officer of the military unit or the head of an agency in which he is in service shall allow him to attend the class to the extent that it does not impede his service while endeavoring to secure telecommunications equipment and facilities necessary for him to attend the class. <Newly Inserted by Act No. 11849, Jun. 4, 2013> |
| (4) | The Minister of National Defense shall take measures necessary for expanding recognition of academic credits acquired while in military service in consultation with the Minister of Education and endeavor to take measures necessary for reimbursing expenses or otherwise ensure recognition of academic credits in consultation with the heads of schools under paragraph (2). <Newly Inserted by Act No. 12560, May 9, 2014> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 74 (Guarantee, etc. of Reinstatement to Former Office) |
| (1) | The head of a State agency or local government, or an employer shall allow any public official, executive, or employee under his/her jurisdiction to take a temporary leave from his office, when he is enlisted in the military through conscription, call-up, or volunteering, or in onboard ship reserve service or in supplementary service by call-up, etc. (excluding those in onboard ship reserve service or in supplementary service while holding office in the relevant agency, etc.) and shall have him resume office, when he completes such service: Provided, That when the public official, executive or employee is expelled from office, discharged from military service, or released from the call, for any offense committed on service, this shall not apply. <Amended by Act No. 9946, Jan. 25, 2010> |
| (2) | With respect to those who have taken a temporary leave from their office under paragraph (1), the head of the relevant State agency or local government, or an employer shall include their mandatory service period in their actual working period for promotion and may pay reasonable remuneration to them, within the scope of difference between the remuneration paid by the military unit or agency for which they serve mandatorily, and that paid before they are in onboard ship reserve service or in recruit service by enlistment or call-up, etc.: Provided, That within the limit of period of active duty service in the army, the period to be considered as an actual work period of those who have completed their mandatory service period in onboard ship reserve service or in supplementary service by call-up, etc., shall be prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25, 2010> |
| (3) | The head of any State agency or local government, or any employer shall not treat unfavorably any public official, executive or employee in his appointment, employment and promotion, for the reason that he is obliged to perform, is currently performing (limited to those in onboard ship reserve service or in supplementary service while holding their office), or performed military service, such as conscription, call-up, etc. <Amended by Act No. 9946, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 74-2 (Preferential Treatment, etc. in Employment) |
| (1) | Where any person who has completed onboard ship reserve service or supplementary service by call-up, etc. (referring to service or mandatory service as art and sports personnel, public health doctor, doctor exclusively in charge of the draft physical examination, public-service advocate, public quarantine veterinarian, expert research personnel, or industrial technical personnel; hereafter the same shall apply in this Article) applies for an employment test, the head of an institution liable for employment support under Article 30 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State shall extend the upper age limit to apply for the test within the limit of three years of age, as prescribed by Presidential Decree. <Amended by Act Nos. 9946 & 9955, Jan. 25, 2010; Act No. 10704, May 24, 2011; Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| (2) | Where any person in onboard ship reserve service or in supplementary service applies for an employment test within six months before the scheduled date of completing such service, he shall be deemed to have completed such service. <Amended by Act No. 9946, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 74-3 (Guarantee of Study concerning Military Force Mobilization and Training) |
The head of at least a high school shall not put a student performing his duty in response to a call for military force mobilization, call for military force mobilization training, call for war-time labor service, or checking a call for war-time labor service (hereinafter referred to as "call for military force mobilization, etc.) pursuant to Articles 44 through 54 at a disadvantage due to such call or regard the period of call-up as absence. [This Article Newly Inserted by Act No. 13566, Dec. 15, 2015]
| Article 74-4 (Guarantee of Jobs concerning Military Force Mobilization and Training) |
Where a public official of a State agency or local government or an employee performs his duty in response to a call for military force mobilization. etc., the head of a State agency or local government or an employer shall not regard the period of call-up as absence or put him at a disadvantage due to such call.
[This Article Newly Inserted by Act No. 13566, Dec. 15, 2015]
| Article 75 (Compensation and Medical Care) |
| 1. | A bereaved family of a person who was killed in action or died on duty during military service (including persons joining the army after conscription or call) and a person discharged or exempt from military service due to any war wound or a wound or disease in the course of performing his duty and families thereof; |
| 2. | A person who has been injured or died (including cases he has died due to any wound; hereinafter the same shall apply in this Article and Article 75-2) while he performs his duty or engages in training due to a call for military force mobilization. etc., (including cases he moves to a designated place in response to a call for military force mobilization, etc. or returns home after cancellation of a call for military force mobilization, etc.; hereinafter the same shall apply in this Article and Article 75-2) and families thereof. |
| (2) | Any bereaved family of a person on duty while in service as a member of the social work personnel (including persons who have died from a wound or disease in the course of performing their duty; hereinafter the same shall apply), a person who is discharged from a call (including persons transferred to the wartime labor service or exempted from military service) due to a wound (including disease in the course of performing his duty), and their family members may receive compensation, as prescribed by the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State or the Act on Support for Persons Eligible for Veteran's Compensation. <Amended by Act No. 10704, May 24, 2011; Act No. 11042, Sep. 15, 2011; Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (3) | In cases under paragraph (2), the bereaved family members of persons who have died on duty shall be regarded as those of military personnel and police officers who have died on duty under Article 4 (1) 5 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State or as those of military personnel or police officers who have been killed in a disaster under Article 2 (1) 1 of the Act on Support for Persons Eligible for Veteran’s Compensation, and those who have been discharged from a call (including persons transferred to the wartime labor service or exempted from military service) due to a wound in the course of performing his duty (including disease in the course of performing his duty), and their families shall be regarded as military personnel and police officers wounded in the course of performing their duties and their families under Article 4 (1) 6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State or as military personnel or police officers wounded in a disaster under Article 2 (1) 2 of the Act on Support for Persons Eligible for Veteran’s Compensation. <Amended by Act No. 10704, May 24, 2011; Act No. 11042, Sep. 15, 2011; Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (4) | Any person suffering from a wound or disease in the course of performing his duty as a member of the social work personnel shall be treated in a military medical facility or any other medical facility run by the State, a local government, or the private sector at the expense of the State, a local government, public organization, etc., as prescribed by Presidential Decree. <Amended by Act No. 11849, Jun. 4, 2013> |
| (5) | With respect to persons killed or wounded directly due to military education conducted during the call for military education prescribed in Article 55 (1) or the student military education prescribed in Article 57 (1) or (2), paragraphs (1) and (4) shall apply mutatis mutandis thereto. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (6) | Any of the following persons may receive medical care at a military medical facility, medical facility of the State or a local government or commercial medical facility, as prescribed by Presidential Decree, at the burden of the State: Provided, That with regard to persons falling under subparagraph 3, the provisions of Article 9 of the Reserve Forces Act shall apply mutatis mutandis: <Amended by Act No. 13566, Dec. 15, 2015; Act No. 14184, May 29, 2016> |
| 1. | A person who needs to receive treatment, etc. due to grounds directly caused by a physical examination or fitness test pursuant to Article 11 or Article 20 (1); |
| 2. | A person who has been injured while joining the army after conscription or call; |
| 3. | A person who has been injured while performing his duty or engaging in training due to a call for military force mobilization. etc. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 75-2 (Compensation for Accidents, etc.) |
| (1) | Each person who has died on duty while in service as a member of the social work personnel (including persons who have died from a wound or disease in the course of performing their duty) or who has been wounded or contracted a disease in the course of performing his duty shall receive an indemnity for accident, etc.: Provided, That if the person has received the same kind of indemnity from the State, a local government, or a public organization prescribed by other statutes and regulations, the amount of indemnity corresponding thereto shall not be paid. <Amended by Act No. 11849, Jun. 4, 2013> |
| (2) | The indemnity under paragraph (1) shall be borne by the State, local governments or public organizations. |
| (3) | Matters necessary for the amount and payment, etc. of indemnities under paragraphs (1) and (2) shall be determined by Presidential Decree. |
| (4) | Accident compensation shall be paid to person who has been injured or died while performing his duty or engaging in training due to a call for military force mobilization. etc. and compensation for business suspension shall be paid to persons falling under Article 75 (6) 3 for a period during which he can not make his livelihood due to medical treatment: Provided That the amount corresponding to compensation shall not be paid to persons who have received same types of compensation paid by the State or local government pursuant to other statutes. <Newly Inserted by Act No. 13566, Dec. 15, 2015> |
| (5) | With regard to accident compensation or compensation for business suspension pursuant to paragraph (4), Article 8-2 of the Reserve Forces Act shall apply mutatis mutandis. <Newly Inserted by Act No. 13566, Dec. 15, 2015; Act No. 14184, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 75-3 (Purchase of Insurance Policies to Cover Medical Expenses and Accident Indemnities) |
The State, local governments, public organizations, etc. may purchase insurance policies to cover medical expenses under Article 75 (4) or the indemnities for accidents under Article 75-2 (1). [This Article Newly Inserted by Act No. 12560, May 9, 2014]
| Article 76 (Sanctions against Persons who have Not Fulfilled Mandatory Military Service) |
| (1) | The head of a State agency or local government, or an employer shall not appoint any of the following persons as public official, executive, or employee and, if such person is in office, shall dismiss him from office: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| 1. | A person who evades a draft physical examination, follow-up draft physical examination, or physical examination for confirmation; |
| 2. | A person who evades a conscription or call-up; |
| 3. | A person who walks away from his post in the military or his place of service as a member of the social work personnel. |
| (2) | The head of a State agency or local government shall not grant any patent, permission, authorization, license, registration, designation, etc. (hereafter in this Article, referred to as “patent, etc.”) for various government-authorized, permitted or licensed businesses, to a person falling under any subparagraph of paragraph (1), and if such has already been granted, it shall be revoked. <Amended by Act No. 14555, Feb. 8, 2017> |
| (3) | To ascertain whether a person falling under any of the subparagraphs of paragraph (1) holds a patent, etc. for any government-authorized, permitted or licensed business pursuant to paragraph (2), the Commissioner of the Military Manpower Administration may request the Commissioner of the National Tax Service to provide information on his/her certificate of business registration. In such cases, the Commissioner of the National Tax Service shall provide such information in accordance with Article 39 of the Electronic Government Act. <Newly Inserted by Act No. 14555, Feb. 8, 2017> |
| (4) | The Commissioner of the Military Manpower Administration shall notify the head of the State agency or local government pursuant to paragraph (2) of the information provided by the Commissioner of the National Tax Service in accordance with paragraph (3) and of any failure to fulfill mandatory military service. <Newly Inserted by Act No. 14555, Feb. 8, 2017> |
| (5) | With respect to persons who have left the Republic of Korea, or stay in a foreign country, without obtaining permission under Article 70 (1) or (3), or those who fail to return to the Republic of Korea within the permitted period without justifiable grounds, paragraphs (1) and (2) shall apply mutatis mutandis until they attain 40 years of age: Provided, That this shall not apply where they return to the Republic of Korea and complete their military service. <Amended by Act No. 14555, Feb. 8, 2017> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER XII MILITARY ADMINISTRATION
| Article 77 (Supervision of Military Administration) |
| (1) | The affairs regarding conscription, call-up, and other military administration shall be supervised by the Commissioner of the Military Manpower Administration. |
| (2) | In cases where any order or disposition issued or made by the director of a regional military manpower office is deemed unlawful or unreasonable, the Commissioner of the Military Manpower Administration may suspend or revoke it. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 77-2 (Physical Examination for Confirmation) |
| (1) | The director of each regional military manpower office (including head of military manpower branch office; hereinafter the same shall apply in this Act) may investigate the fact relevance such as the record of medical examination and details of medical treatment and perform a physical examination of its confirmation, where there is any reason including reasons prescribed by Presidential Decree that a person falling under each subparagraph has is deemed to deceive for the purpose of being exempted from duty of military service. <Amended by Act No. 14183, May 29, 2016> |
| 1. | A person who has obtained a military service disposition to be determined at from Grade IV through Grade VII as disease or mental or physical disorder as a result of the determination of physical grade under Article 12 (1); |
| 2. | A person whose military service determination has been altered or whose military service has been exempted in accordance with Article 65 (1) 1 and (4). |
| (2) | The director of each regional military manpower office shall alter a military service disposition as prescribed by Presidential Decree, if he/she perceives that the military service disposition has been performed falsely by a result of physical examination for its confirmation pursuant to the above paragraph (1). |
| (3) | Matters necessary for the method and procedure of physical examination for its confirmation pursuant to paragraph (1), etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10704, May 24, 2011]
| Article 77-3 (Reimbursement of National Health Insurance Premiums by Government) |
| (1) | The State may reimburse those called to full-time reserve service pursuant to Article 21 (1) and those called to social work personnel service pursuant to Article 26, falling under any of the following subparagraphs, for insurance premiums they are liable to pay pursuant to Article 69 of the National Health Insurance Act, within the limits prescribed by Presidential Decree: <Amended by Act No. 14555, Feb. 8, 2017> |
| (2) | For those entitled to receive reimbursement of insurance premiums pursuant to paragraph (1), insurance premiums provided for in any of the following subparagraphs may be reimbursed to cover the period from the date of call-up to full-time reserve service or social work personnel service until the date of release from such call-up: <Newly Inserted by Act No. 14555, Feb. 8, 2017> |
| (3) | Matters necessary for the reimbursement of insurance premiums pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended by Act No. 14555, Feb. 8, 2017> |
| (4) | Methods, etc. of the adjustment of estimated annual insurance premiums to be reimbursed pursuant to paragraphs (1) through (3) shall be in accordance with procedures set forth in statutes governing the national health insurance. <Amended by Act No. 14555, Feb. 8, 2017> |
[This Article Newly Inserted by Act No. 11849, Jun. 4, 2013]
| Article 77-4 (Management of Military Register of Public Servants) |
| (1) | With regard to any person falling under any of the following subparagraphs among those enrolled on the military register pursuant to Article 5 (3), the Commissioner of the Military Manpower Administration or the director of each regional military manpower office (including the head of each military manpower branch office) may separately classify and manage his military register from the time when he is enlisted for the preliminary military service until he completes active duty service or supplementary service or until he is assigned to wartime labor service or exempted from military service. In such cases, with regard to any person whose assignment to military service is changed under Article 65 after being enlisted in the military, the military register and relevant information may be managed by receiving them from the head of the relevant agency managing the military register: <Amended by Act No. 14183, May 29, 2016; Act No. 14611, Mar. 21, 2017; Act No. 16356, Apr. 23, 2019> |
| 4. | A tax obligor subject to the highest tax rate by tax base of global income pursuant to Article 55 of the Income Tax Act, as prescribed by Presidential Decree, and his/her children. |
| (2) | When necessary to ascertain those who are subject to the management of the military register pursuant to paragraph (1), the Commissioner of the Military Manpower Administration or the director of each regional military manpower office may request the head of a relevant institution or organization to furnish materials pursuant to each of the following subparagraphs. In such cases, the head of the institution or organization in receipt of the request for materials shall comply therewith unless justifiable grounds exist to the contrary: <Newly Inserted by Act No. 14611, Mar. 21, 2017> |
| 4. | A list of tax obligors pursuant to paragraph (1) 4: The Commissioner of the National Tax Service. |
| (3) | No one shall disclose or divulge information or data managed pursuant to paragraph (1), provide such information, etc. to a third party or use it for purposes other than its intended purposes. |
| (4) | Matters necessary for the management of the military register and the methods of submitting materials, other than those provided for in paragraphs (1) through (3), shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 14611, Mar. 21, 2017> |
[This Article Newly Inserted by Act No. 13566, Dec. 15, 2015]
| Article 77-5 (Record and Management of Military Service Information) |
| (1) | The Commissioner of the Military Manpower Administration or the director of each regional military manpower office (including the head of each military manpower branch office) shall record or manage the following military service information: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Matters necessary for enlistment of military service obligators for the preliminary military service, draft physical examination, transfer to supplementary service or service thereof, joining the army, enlistment for the wartime labor service and exemption from the military service; |
| 2. | Matters necessary for management of service, education, and training records of military service obligators who have completed mandatory military service. |
| (2) | The Commissioner of the Military Manpower Administration shall establish and operate the electronic data processing program for systematic record and management of the military service information pursuant to paragraph (1). |
| (3) | Matters necessary for record, management, verification, output or proof of the military service information prescribed in paragraph (1) and establishment and operation, etc. of electronic data processing programs shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Amended by Act No. 13778, Jan. 19, 2016]
| Article 78 (Delegation of Military Administrative Affairs) |
| (1) | The authority of the Commissioner of the Military Manpower Administration under Articles 20, 31-2 (2), 34-2 (5), 70 (1) and (3), 81, and 95 may be delegated to the directors of regional military manpower offices, or the heads of the agencies affiliated therewith, as prescribed by Presidential Decree. |
| (2) | Part of the authority held by the directors of regional military manpower offices under this Act may be delegated to the heads of the agencies affiliated therewith, as prescribed by Presidential Decree. |
| (3) | Part of the authority held by the Commissioner of the Military Manpower Administration prescribed in Article 70 (3), and part of the authority held by the directors of regional military manpower offices prescribed in Article 60 (1) 2, may be delegated to the heads of diplomatic missions abroad, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 79 (Travel Expenses Defrayed out of National Treasury) |
| (1) | The following expenses shall be defrayed out of the National Treasury: <Amended by Act No. 12684, May 28, 2014; Act No. 14183, May 29, 2016; Act No. 14611, Mar. 21, 2017; Act No. 15054, Nov. 28, 2017> |
| 1. | Travel expenses incurred by those who undergo draft physical examinations, follow-up draft physical examinations, physical examinations for volunteers for active duty service, physical examinations for confirmation, and other follow-up physical examinations and follow-up examinations prescribed by Presidential Decree, and expenses incurred in issuing medical certificates for military service and other supplementary documents, such as medical and operating records required in process of physical examinations; |
| 2. | Expenses incurred in administering entrusted examinations under the latter part of Article 11 (4) or the proviso to paragraph (5); |
| 3. | Travel expenses incurred by applicants for an examination of physical strength, interview, written examination, skill test, etc. under the latter part of Article 20 (1); |
| 4. | Travel expenses incurred by those who are enlisted for, or disqualified from, military service by conscription or call-up or active duty service by volunteering. |
| (2) | Matters necessary for reimbursing expenses under paragraph (1), such as reimbursement frequency and guidelines, shall be prescribed by Presidential Decree. <Amended by Act No. 12684, May 28, 2014> |
| (3) | Where any person who has received expenses pursuant to paragraph (1) falls under any of the following subparagraphs, the director of each regional military manpower office, the head of each military manpower branch office or the head of an institution belonging to the Military Manpower Administration in charge of determining the physical grade shall redeem the whole or part of such expenses: <Newly Inserted by Act No. 14183, May 29, 2016> |
| 1. | Where he has received expenses by fraud or other wrongful means; |
| 2. | Where expenses are erroneously paid; |
| 3. | Where notice of enlistment has been revoked, the date of enlistment has been postponed or he fails to join the army due to evasion of enrollment after he has received travel expenses. |
| (4) | Matters necessary for redemption, such as detailed standards and procedures for redemption pursuant to paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 11849, Jun. 4, 2013]
| Article 80 (Cooperation in Military Administration) |
| (1) | The head of a military administrative agency may, if necessary for carrying out his/her duties, request cooperation for the military administration to the head of any State agency or local government, or the head of any agency holding a data processing system and a communication system. |
| (2) | The head of an agency who has received a request under paragraph (1) shall cooperate therewith and shall not refuse it without justifiable grounds. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 80-2 (Sharing of Computerized Family Relationship Registration Information) |
[This Article Newly Inserted by Act No. 12560, May 9, 2014]
| Article 81 (Prevention of and Crackdown on Offenses Involving Military Service) |
| (1) | The Commissioner of the Military Manpower Administration may, where he/she deems it necessary to prevent and crack down on offenses involving military service, confirm and check matters concerning the fulfillment of military service by persons liable for military service and collect data necessary to confirm the fact of violating statutes and regulations governing military service. |
| (2) | The Commissioner of the Military Manpower Administration may ask State agencies, local governments, and public institutions to furnish data necessary to confirm matters concerning the fulfillment of military service under paragraph (1), as prescribed by Presidential Decree. In such cases, the head of an institution who has received the request for data shall comply with the request unless there is a compelling reason not to do so. |
| (3) | The Commissioner of the Military Manpower Administration may ask employers hiring persons liable for military service to furnish data necessary to confirm the fact of violating statutes and regulations governing military service under paragraph (1) or question them about facts. |
| (4) | The Commissioner of the Military Manpower Administration shall be prohibited from using any data furnished under paragraphs (2) and (3) for any purpose other than for preventing and cracking down on offenses involving military service and supplying any other institution with such data. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 81-2 (Disclosure of Personal Information, etc. of Persons Who Evade Military Service) |
| (1) | With regard to any of the following persons, the Commissioner of the Military Manpower Administration may disclose his personal information and his failure to perform the military service on the website: Provided, That the same shall not apply where there are grounds prescribed by Presidential Decree, such as any disease or imprisonment: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Any one who has left the Republic of Korea without obtaining permission prescribed in Article 70 (1) or (3), who has stayed in a foreign country or who has failed to return to the Republic of Korea during a period permitted without any justifiable ground (including persons who have failed to return to the Republic of Korea, in violation of an order to return to the Republic of Korea pursuant to Article 83 (2) 10); |
| 2. | Persons who have failed to undergo a draft physical examination, follow-up draft physical examination, physical examination or physical examination for confirmation without justifiable grounds; |
| 3. | Persons who have failed to respond to enlistment for active duty service, call-up to social work personnel or call for military education, without any justifiable grounds. |
| (2) | The Deliberative Committee on Disclosure of Evasion of Mandatory Military Service (hereinafter referred to as the "Committee" in this Article) shall be established under the jurisdiction of the competent regional military manpower office (including each regional military manpower branch office) so as to deliberate on whether personal information disclosed pursuant to paragraph (1) and matters concerning evasion of mandatory military service or reduction of or exemption from mandatory military service shall be disclosed. |
| (3) | The director of the competent regional military manpower office shall give an opportunity of vindication to persons subject to disclosure who have underwent deliberation by the Committee by notifying them of the fact that their personal information prescribed in paragraph (1) may be disclosed, and determine persons whose personal information shall be disclosed by requesting the Committee to re-deliberate on whether to disclose personal information by taking into account the actual status concerning performance of mandatory military service by persons subject to disclosure after six months elapse from the date when the notification is made. |
| (4) | Matters necessary for the organization and operation of the Committee, and matters to be disclosed pursuant to paragraphs (1) through (3) and methods and procedures for disclosure shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12906, Dec. 30, 2014]
| Article 82 (Encouragement of Military Service) |
The Commissioner of the Military Manpower Administration may carry out publicity and educational activities to create a social atmosphere for voluntary military service and projects, etc. to honor those who have fulfilled their military service.
[This Article Newly Inserted by Act No. 11849, Jun. 4, 2013]
| Article 82-2 Deleted. <by Act No. 6749, Dec. 5, 2002> |
CHAPTER XIII SPECIAL CASES IN WARTIME
| Article 83 (Special Cases in Wartime) |
| (1) | In time of war or public disturbance or in the event that an order for military force mobilization is issued, the Minister of National Defense may take each of the following measures and where necessary for national defense, only the measures referred to in subparagraph 6 may be taken: <Amended by Act No. 9955, Jan. 25, 2010; Act No. 13425, Jul. 24, 2015; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| 1. | Extension of the period of active duty service under Article 18 (2); |
| 2. | Suspension of transfer of those to be called to full-time reserve service under Article 21 to other service, and transfer of those called to full-time reserve service to active duty service; |
| 3. | Enrollment of those who completed onboard ship reserve service under Article 23-2 but have attained the age of 40 years or less on the military register of officers or noncommissioned officers in reserve service; |
| 4. | Suspension or cancelation of the secondment to a member of an auxiliary police company and a member of an obligatory fire-fighting unit under Article 25; |
| 5. | Suspension of assignment to public health doctor service, public-service advocate service or public quarantine veterinarian service under Article 34, 34-6, or 34-7, and conversion of them into those subject to a call for military force mobilization (referring to conversion to those to be called for wartime labor for persons who have not been called for military education as prescribed in Article 55 (3)); |
| 6. | Enrollment of persons of 40 or less years of age, out of those who have completed the mandatory service period at key industrial enterprises under Article 38 (1) 1 as industrial technical personnel in the field of fishery or marine transportation, on the military register of officers or noncommissioned officers in reserve service; |
| 7. | Enrollment of those who are qualified for the medical, judicial, religious, or veterinary field under the subparagraphs of Article 58 (1) and are 40 or less years of age, on the military register of officers in reserve service; |
| 8. | Suspension of changes in assignment of military service and expungement from the military register under Articles 65 and 66 (1); |
| 9. | Extension of the mandatory service period of soldiers in active, reserve, and supplementary services, and those in the wartime labor service under Article 72 (1), up to 45 years of age. |
| (2) | In time of war or public disturbance, or in the event that an order for military force mobilization is issued, the Commissioner of the Military Manpower Administration may take each of the following measures: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016> |
| 1. | Act of changing the service method of a written notice on imposition of mandatory military service under Article 6 to a method of public notice through newspapers, television or radio; |
| 2. | Change of the age for a draft physical examination under Article 11, omission of a psychological test, and conduct of a physical examination focused on the surgical test and internal examination; |
| 3. | Conversion (referring to conversion to those to be called for wartime labor of persons who have not been called for military education as prescribed in Article 55 (3)) of persons in supplementary service under Article 14 (1) 1, and those in supplementary service as expert research personnel or industrial technical personnel under Article 36, who have not been called for military education under Article 55, to those subject to enlistment for active duty service; and conversion of persons who have completed a call for military education under Article 55 to those to be called for military force mobilization; |
| 4. | Suspension of a call-up or transfer to social work personnel service, art and sports personnel service, expert research personnel service or industrial technical personnel service as prescribed in Articles 26, 33-7 and 36; |
| 5. | Suspension of the postponement of a draft physical examination or follow-up draft physical examination and a conscription or call-up, as prescribed in Article 60 (1) or (2); |
| 6. | Restrictions on postponement of the date for fulfillment of a duty under Article 61 (1); |
| 7. | Reduction of the period of reporting any change in place of residence as prescribed in Article 69, to seven days; |
| 8. | Change of persons aged between 18 and 45 in reserve service, supplementary service, the preliminary military service and the wartime labor service to those under obligation to obtain permission for overseas travel; |
| 9. | Extension of the liability for a draft physical examination, follow-up draft physical examination, physical examination for confirmation and enlistment for active duty service under Article 71 (1) by up to 37 years of age; |
| 10. | Issuance of an order to return to the Republic of Korea to persons liable for military service who reside in foreign countries; |
| 11. | Revocation of the permission for overseas travel granted prior to the proclamation of a war, public disturbance or order for military force mobilization. |
| (3) | In time of war or public disturbance or in the event that an order for military force mobilization is issued, the director of a regional military manpower office (including the head of a military manpower branch office; hereafter the same shall apply in this Article) shall delegate the wartime tasks listed in the following subparagraphs to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”), or head of a Si/Gun/Gu: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 12560, May 9, 2014; Act No. 14183, May 29, 2016> |
| 1. | Delivery of notices of draft physical examination, notices of enlistment for active duty service, notices of call for military force mobilization and notices of call for wartime labor, and reporting on the delivery of such notices; |
| 2. | Encouragement of draft physical examination, and encouragement of persons subject to enlistment for active duty service, call for military force mobilization and call for wartime labor to enter military service; |
| 3. | Assistance in tipping off, hunting down and cracking down dodgers of any draft physical examination, enlistment for active duty service, call for military force mobilization or call for wartime labor; |
| 4. | Assistance in the provision of vehicles, foodstuffs, accommodation facilities, etc. for mobilized military forces; |
| 5. | Other tasks requested by the directors of regional military manpower offices in connection with the management of military service resources. |
| (4) | The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu to whom the authority is delegated under paragraph (3) shall notify without delay the director of the competent regional military manpower office of any change in the status of persons liable for military service, such as the change of their residence. <Newly Inserted by Act No. 12560, May 9, 2014> |
| (5) | A Mayor/Do Governor (limited to cases under paragraph (3) 4) and the head of a Si/Gun/Gu shall have personnel to take exclusive charge of military affairs in wartime, who shall be appointed in peacetime. <Newly Inserted by Act No. 12560, May 9, 2014> |
| (6) | The director of each regional military manpower office shall provide personnel in charge of military affairs appointed by the competent Mayor/Do Governor or head of a Si/Gun/Gu under paragraph (5) in peacetime with education necessary for enhancing their ability to perform military affairs in wartime. <Newly Inserted by Act No. 12560, May 9, 2014> |
| (7) | Expenses incurred in performing wartime military affairs delegated to each Mayor/Do Governor or the head of each Si/Gun/Gu and reimbursed to personnel in charge of such affairs shall be defrayed out of the National Treasury. <Newly Inserted by Act No. 12560, May 9, 2014> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 83-2 (Committees for Prevention of Military Service Offenders) |
| (1) | In time of war or public disturbance, or in the event that an order for military force mobilization is issued, the Central Committee for the Prevention of Military Service Offenders shall be established under the Military Manpower Administration and a local committee for the prevention of military service offenders shall be established in a Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province, in order to deliberate on each of the following matters in connection with the prevention and crackdown of military service dodgers who commit any of the offenses provided for in Articles 84 through 89, 89-2, 89-3, 90 through 92, 92-2, 93, and 94, the missing, and other offenders in connection with military service: <Amended by Act No. 14183, May 29, 2016> |
| 1. | Prevention of and crackdown on dodging and evasion of military service; |
| 2. | Investigation and administration of the missing among persons liable for military service; |
| 3. | Crackdown and check on the violation of transfer and mandatory service by expert research personnel and industrial technical personnel; |
| 4. | Crackdown and guidance on the violation of employment ban and the guarantee of reemployment, etc.; |
| 5. | Matters concerning the registration of family relationship and the resident registration that are concerned with the obligation of military service; |
| 6. | Other matters concerning the prevention of and crackdown on military service offenders. |
| (2) | The head of a State agency or local government or an employer shall actively cooperate with activities by the committees for the prevention of military service offenders at various levels under paragraph (1). |
| (3) | Necessary matters concerning the composition and operation of the committees for the prevention of military service offenders referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 83-3 (Duty to Carry Military Service Certificate and Certificate of Discharge from Military Service) |
Every person liable for military service shall carry a military service certificate or certificate of discharge from military service with him during a war or public disturbance, or when a mobilization order is issued.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER XIV PENALTY PROVISIONS
| Article 84 (Failure to Notify Changes in Status, etc.) |
| (1) | In any of the following cases, the relevant person shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding 20 million won: <Amended by Act No. 9946, Jan. 25, 2010; Act No. 14183 May 29, 2016> |
| 1. | Where an employer fails to make notification on changes in status under Article 23-3, 40, or 67 (2) without justifiable grounds, or makes false notification; |
| 2. | Where the head of a public organization or head of a social welfare facility fails to make notification under Article 32 (1) or (2) without justifiable grounds, or makes false notification. |
| (2) | Any person who fails to make a move-in report under Article 69 (1) without justifiable grounds or makes a false move-in report shall be punished by a fine not exceeding two million won or misdemeanor imprisonment. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 85 (Refusal to Receive, and Negligence of Duty to Deliver, Written Notice) |
Where a person under obligation to receive or deliver a written notice imposing military service under Article 6 refuses to receive it, fails to deliver it, or delays in the delivery thereof, without justifiable grounds, he/she shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding one million won. [This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 86 (Desertion, Body Injury, etc.) |
Any person who deserts, absconds, or injures his body or commits a deceitful act, with the intention of evading military service or having military service reduced or exempted, shall be punished by imprisonment with labor for not less than one year, but not more than five years.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 87 (Evasion, etc. of Draft Physical Examination) |
| (1) | Any person who undergoes a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation on behalf of a person liable for such examination shall be punished by imprisonment with labor for not less than one year, but not more than three years. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
| (2) | Deleted. <by Act No. 14611, Mar. 21, 2017> |
| (3) | Any person who receives a notice of a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation and fails to undergo such examination on the designated date without justifiable grounds, shall be punished by imprisonment with labor for not more than six months. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 88 (Evasion, etc. of Enlistment) |
| (1) | Any person who has received a notice of enlistment for active duty service or a notice of call (including a notice of enlistment through recruitment) and fails to enlist in the military or to comply with the call, even after the expiration of the following report period from the date of enlistment or call without justifiable grounds, shall be punished by imprisonment with labor for not more than three years: Provided, That where a person who has received a notice of check-up to provide a call for wartime labor under Article 53 (2) is absent from the check-up at the designated date and time without justifiable grounds, he shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won, or by misdemeanor imprisonment: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 12560, May 9, 2014; Act No. 14183, May 29, 2016> |
| 1. | Three days for enlistment for active duty service; |
| 2. | Three days for a call-up to social work personnel service; |
| 3. | Three days for a call for military education; |
| 4. | Two days for a call for military force mobilization and a call for wartime labor. |
| (2) | Any person who enlists in the military or complies with a call, in place of a person to be enlisted or called after receiving a notice referred to in paragraph (1), shall be punished by imprisonment with labor for at least one year, but not more than three years: Provided, That any person who attends a check-up in place of a person under obligation to pass a check-up for a call for wartime labor under Article 53 (2) shall be punished by imprisonment with labor for not more than one year. |
| (3) | Deleted. <by Act No. 14611, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 89 (Proxy Service for Social Work Personnel, etc.) |
Any person who serves by proxy for one of the social work personnel or art and sports personnel shall be punished by imprisonment with labor for not less than one year, but not more than three years. <Amended by Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 89-2 (Desertion from Place of Service by Social Work Personnel, etc.) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years: <Amended by Act No. 9955, Jan. 25, 2010; Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 14183, May 29, 2016>
| 1. | Social work personnel or art and sports personnel who have deserted from their place of service or have failed to serve in the relevant field for at least eight days in total without justifiable grounds; |
| 2. | Public health doctors or doctors exclusively in charge of the draft physical examination who have left their service area, or have failed to perform their duties in the relevant field for at least eight days in total, without justifiable grounds; |
| 3. | Public-service advocates who have deserted from their place of service, or have failed to perform their duties in the relevant field for at least eight days in total, without justifiable grounds; |
| 4. | Public quarantine veterinarians who have left their assigned institution or service area, or have failed to perform their duties in the relevant field for at least eight days in total, without justifiable grounds; |
| 5. | Expert research personnel or industrial technical personnel whose transfer has been cancelled because they did not engage in the relevant field at a military service-designated entity as at the time of transfer under subparagraph 2 of Article 40, or whose transfer has been cancelled because they were absent from work without permission for at least eight days in total during a mandatory service period under subparagraph 3 of Article 40. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 89-3 (Violation of Service Obligation by Social Work Personnel) |
Where a member of the social work personnel or art and sports personnel falls under any of the following, he shall be punished by imprisonment with labor for not more than one year: <Amended by Act No. 10704, May 24, 2011; Act No. 11849, Jun. 4, 2013; Act No. 13778, Jan. 19, 2016; Act No. 16356, Apr. 23, 2019>
| 1. | Where warnings of at least four times in total due to a reason falling under any of Articles 33 (2) 1 through 3, 3-2 and 4 and 33-10 (2) 1 through 4 have been received; |
| 2. | Where warnings of at least eight times in total, including cases where social work personnel, etc. goes to work later than daily start working time, early leaves from work without notice, or deserts from work place without justifiable grounds, among reasons falling under any of Articles 33 (2) 5 and 33-10 (2) 5, have been received. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 90 (Evasion of Call for Military Force Mobilization) |
| (1) | Any person who has received a notice of call for military force mobilization, but fails to enlist in the military or to attend a check-up at the designated date and time, without justifiable grounds, shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding ten million won, or by misdemeanor imprisonment. <Amended by Act No. 12560, May 9, 2014> |
| (2) | Any person who enlists in the military or attends a check-up in place of a person to be enlisted or to attend the check-up after receiving a notice of call for military force mobilization, shall be punished by imprisonment with labor for not more than two years. <Amended by Act No. 12560, May 9, 2014> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 91 (Issuance of False Certificates, etc.) |
Any public official, medical doctor or dentist who issues any false document, certificate or medical certificate, with the intention of postponing or exempting from duty of military service, or shortening the service period as prescribed by this Act, of any person liable for military service, shall be punished by imprisonment with labor for not less than one year, but not more than 10 years. In such cases, suspension of the qualification for not more than 10 years may be imposed concurrently.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 92 (Violation, etc. of Transfer or Liability for Engagement of Expert Research Personnel, etc.) |
| (1) | Where an employer enlists or transfers anyone who is a relative by blood within the fourth degree of relationship with the representative director of the military service-designated entity in or to such entity as expert research personnel or industrial technical personnel in violation of Article 38-2 and where an employer fails to get any expert research personnel or industrial technical personnel in mandatory service to work for the military service-designated entity in the relevant field in violation of Article 39 (3), such employer shall be punished by a fine of at least two million but not more than 20 million won. <Amended by Act No. 14183, May 29, 2016> |
| (2) | Where an employer or a person in charge of the affairs concerning national certification of skills or licensing commits any offense in connection with the adjustment to a lower priority in a call for military force mobilization or call for wartime labor under Article 67, he/she shall be punished by imprisonment with labor for not more than three years. |
| (3) | Where the head of a military service-designated entity commits a fraudulent act, such as receiving a request for a job for a certain person in his/her entity to be transferred to expert research personnel service or industrial technical personnel service under Article 36 and accordingly obtaining money or articles or acquiring financial gains in return, etc., he/she shall be punished by imprisonment with labor for not more than three years. <Amended by Act No. 12684, May 28, 2014; Act No. 14183, May 29, 2016> |
| (4) | Where a person, other than the head of a military service-designated entity, commits a fraudulent act, such as receiving a request to arrange a certain person to be employed at a military service-designated entity so that such person may be transferred to expert research personnel service or industrial technical personnel service under Article 36 and accordingly obtaining money or articles or acquiring financial gains in return, etc., he/she 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. 12560, May 9, 2014; Act No. 12684, May 28, 2014; Act No. 14183, May 29, 2016> |
| (5) | A person who has offered money or articles or financial gains under paragraphs (3) and (4) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
| (6) | The money or articles or financial gains obtained as prescribed in paragraphs (3) and (4) shall be seized. Where such is not seizable, a corresponding value shall be collected instead. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 92-2 (Violation of Service Management by Service Institutions) |
Where the head of a public organization or the head of a social welfare facility (including the representative of a juristic person) orders social work personnel to engage in a field, other than that for the public good, he/she shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding 20 million won. <Amended by Act No. 11849, Jun. 4, 2013>
[This Article Newly Inserted by Act No. 9754, Jun. 9, 2009]
| Article 93 (Violation, etc. of Prohibition against Employment and Guarantee of Reinstatement) |
| (1) | Where an employer hires as an executive or employee, any person who fails to fulfill the duty of military service, or fails to dismiss such person in office from his office, in violation of Article 76 (1) or (5), he/she shall be punished by imprisonment with labor for not more than six months, or by a fine of not less than two million won, but not more than 20 million won. <Amended by Act No. 14555, Feb. 8, 2017> |
| (2) | Where the head of a school or an employer refuses a reinstatement to school or resumption of office without justifiable grounds, in violation of Article 73 or 74 (1), he/she shall also be punished by the same penalty as prescribed in paragraph (1). |
| (3) | Where an employer fails to include the mandatory service period in the actual service period, or treats unfavorably any person for the reason that he is obliged to perform, is currently performing (limited to those in onboard ship reserve service or supplementary service while holding their office), or performed military service, by conscription, call-up, etc., he/she shall be punished by a fine of not less than three million won, but not more than 30 million won. <Amended by Act No. 14611, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 93-2 (Violation of Guarantee of Study or Jobs concerning Military Force Mobilization and Training) |
Where the heads of schools or employers put a student performing his duty at a disadvantage without justifiable grounds, in violation of Article 74-3 or 74-4, they shall be punished by imprisonment with labor for not more than two years or a fine of not more than 20 million won. [This Article Newly Inserted by Act No. 13566, Dec. 15, 2015]
| Article 94 (Violation of Duty to Obtain Permission for Overseas Travel) |
| (1) | Any person who has left the Republic of Korea or stays in a foreign country without obtaining permission prescribed in Article 70 (1) or (3) (including persons who have not returned home, in violation of an order to return to the Republic of Korea prescribed in Article 83 (2) 10) with a view to evading mandatory military service or being eligible for exemption from mandatory military service shall be punished by imprisonment with labor for not less than one year and not more than five years. |
| (2) | Any person who has left the Republic of Korea without obtaining permission prescribed in Article 70 (1) or (3), who stays in a foreign country, or who has not returned home within a permitted period without justifiable grounds (including persons who have not returned home, in violation of an order to return to the Republic of Korea prescribed in Article 83 (2) 10) shall be punished by imprisonment with labor for not more than three years. |
[This Article Wholly Amended by Act No. 13778, Jan. 19, 2016]
| Article 95 (Administrative Fines) |
| (1) | Where the head of a military service-designated entity (excluding an employer) managing the service of those who are transferred to expert research personnel service under Article 37 (1) 2 and 3 falls under any of the following, he/she shall be punished by an administrative fine not exceeding 20 million won: <Newly Inserted by Act No. 12684, May 28, 2014; Act No. 14183, May 29, 2016> |
| 1. | Where he/she fails to require any expert research personnel in mandatory service to engage in the relevant field at the military service-designated entity, in violation of Article 39 (3); |
| 2. | Where he/she fails to make notification of any change in status under Article 40 without any justifiable grounds or contains any false entry in such notification. |
| (2) | A person who refuses to furnish materials without justifiable grounds in violation of Article 77-4 (2) shall be punished by an administrative fine not exceeding five million won. <Newly Inserted by Act No. 14611, Mar. 21, 2017> |
| (3) | When an employer fails to comply with a request to furnish data or respond to a question under Article 81 (3) without justifiable grounds, he/she shall be punished by an administrative fine not exceeding three million won. |
| (4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Commissioner of the Military Manpower Administration, as prescribed by Presidential Decree. <Amended by Act No. 12684, May 28, 2014; Act No. 14611, Mar. 21, 2017> |
| (5) | Where a person on whom an administrative fine has been imposed fails to pay an administrative fine without filing an objection as prescribed by the Act on the Regulation of Violations of Public Order, the Commissioner of the Military Manpower Administration shall entrust the head of the competent district tax office with the collection thereof. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 96 (Joint Penalty Provisions) |
Where an employer, the head of a military service-designated entity, or the head of a public organization or social welfare facility falls under any of the following subparagraphs in connection with the duties of the relevant legal entity, the legal entity shall be punished by a fine of at least three million won but not more than thirty million won in addition to the punishment of the violator: Provided, That where the legal entity has not been negligent in giving due attention and supervision concerning the relevant duties in order to prevent such violation, this shall not apply: <Amended by Act No. 12684, May 28, 2014; Act No. 14183, May 29, 2016>
| 1. | Where the employer or the head of the military service-designated entity violates Article 84 (1) 1, 92 (1) through (3), or 93; |
| 2. | Where the head of the public organization or social welfare facility violates Article 84 (1) 2 or 92-2. |
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
| Article 97 (Aggravation of Penalty in Wartime, etc.) |
With respect to persons who commit any offense prescribed by this Act, in the time of war or public disturbance, or in the event that an order for military force mobilization is issued, the penalties prescribed in the respective Articles shall be aggravated at least by one-half of the prescribed maximum penalty: Provided, That with regard to a person who has committed an offence prescribed in the main sentence of Article 88 (1) in the time of war or public disturbance or in the event that an order for military force mobilization is issued, he shall be punished by imprisonment with labor for not more than seven years. <Amended by Act No. 14183, May 29, 2016> [This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994: Provided, That a draft physical examination conducted in the residence under Article 11 and a call-up to public duty personnel service under Article 29 shall enter into force on January 1, 1995. In such cases, the draft physical examination to be conducted by December 31, 1994 shall be governed by the previous Article 11 (excluding paragraph (3)). Article 2 (Repealed Acts)
| (1) | The Act on the Regulation of Special Cases of Compulsory Military Service (hereinafter referred to as the "Special Case Regulation Act") is hereby repealed. |
| (2) | The Presidential Decree and the Ordinance of the Ministry of National Defense which were enacted by the Special Case Regulation Act to be repealed under paragraph (1) and the previous Military Service Act shall continue in force until the Presidential Decree and the Ordinance of the Ministry of National Defense under this Act are enacted, unless they are contrary to this Act. |
Article 3 (Transitional Measures concerning Supplementary Service)
Supplementary service subject to the previous provisions as at the time this Act enters into force shall be deemed supplementary service under this Act: Provided, That persons transferred to the second citizen service under Articles 4 (3) and 11 of the Addenda shall be excluded herefrom.
Article 4 (Transitional Measures concerning Issuance of Defense Call of Those in Supplementary Service)
| (1) | For those to be called for defense pursuant to the previous provisions as at the time this Act enters into force (including those who underwent a draft physical examination prior to December 31, 1993, and whose assignment for military service was changed to supplementary service from January 1, 1994 to December 31, 1994), such defense call shall be issued pursuant to the previous provisions by December 31, 1994, but those not called up by that time shall be called up as public duty personnel to serve for one year and six months: Provided, That for those who were born before December 31, 1972, and fall under the previous Article 54 (1) 2 or 3, the service period of the defense call or as public duty personnel may be reduced upon application to six months. <Amended by Act No. 4840, Dec. 31, 1994> |
| (2) | Those to be enlisted for active duty service who reside in any vulnerable area, such as a coastal area, etc. where the penetration of an enemy or an armed communist guerrilla is anticipated, or an agrarian or fishing village, may be transferred to supplementary service pursuant to the previous provisions by December 31, 1994, to issue a defense call. |
| (3) | Where persons who have been called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons subject to a defense call or who are called for it under paragraph (1) or (2) fall under Article 62 (1) 1 or 65 (1) 3, they may be transferred to the second citizen service. |
| (4) | Matters concerning the reduction, exemption, etc. of military service of persons who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons subject to a defense call or persons who are called for it under paragraph (1) or (2), shall be governed by the previous Articles 55 (3), 57 (1) (excluding subparagraph 3), 58, 60, and Article 55 (2) of the Military Service Act in force before February 1, 1991 (limited to those who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and those who were called for defense and are in service under paragraph (1) or (2), who are born before December 31, 1972). |
| (5) | The service of persons who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons who were called for defense and are in service under paragraph (1) or (2), shall be governed by the previous provisions, but the number of days during which they are confined in a military detention facility shall be included in their service period. |
| (6) | The compensation and medical care for persons who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons who were called for defense and are in service under paragraph (1) or (2), shall be governed by the previous Article 65 (1) and (2). |
| (7) | With respect to the age of exemption from duty of call-up for persons subject to a defense call under the previous provisions, but who evade the call without justifiable grounds, as at the time this Act enters into force, and persons who evade a defense call under paragraph (1) or (2) without justifiable grounds, the provisions of Article 71 (1) 1 shall apply mutatis mutandis. |
Article 5 (Transitional Measures concerning Special Supplementary Service, etc.)
| (1) | Persons who were transferred to, and serve in, special supplementary service as research or skilled personnel pursuant to the previous Special Case Regulation Act as at the time this Act enters into force shall be deemed expert research personnel or industrial technical personnel under Article 36. |
| (2) | Notwithstanding the provisions of Article 36, those to be called for defense under Article 4 (1) of the Addenda may be transferred to expert research personnel service or industrial technical personnel service by December 31, 1994. |
| (3) | A defense call of persons who are serving as expert research personnel or industrial technical personnel as at the time this Act enters into force, or as expert research personnel or industrial technical personnel transferred under paragraph (2), but whose transfer is cancelled by December 31, 1994, shall be governed by the provisions of Article 4 of the Addenda. |
| (4) | Any change of assignment, transfer to special supplementary service, enrollment on the military register of officers, etc. in reserve service, or service, of those to whom apply the provisions of Article 4, 5, 6, 7, 9 or 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157), as at the time this Act enters into force, shall be governed by the provisions of the Military Service Act or the Act on Special Measures for Special Cases concerning Compulsory Military Service for Certain Graduates, etc. of Postgraduate Schools, which was in force before April 1, 1990. |
| (5) | Notwithstanding the provisions of paragraph (4), the service period of art or athletic meritocrats referred to in paragraph (4), who have been or are transferred to special supplementary service, shall be the period of mandatory service of public duty personnel as prescribed in Article 26 (1) 3. |
| (6) | Notwithstanding the provisions of paragraph (1) and Article 34, persons referred to in paragraph (4) who have been or are enrolled on the military register of officers in medical reserve service may serve as public health or international cooperative doctors. |
| (7) | Notwithstanding the provisions of Article 71, if persons falling under paragraph (4) (excluding those to whom the provisions of Article 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157) apply) fall under Article 43 (3), 46 (2) or 51 (2) of the Military Service Act in force before April 1, 1990, they may be enlisted for active duty service, or called to public duty personnel service: Provided, That persons subject to a defense call shall be called for defense under Article 4 of the Addenda, until December 31, 1994. |
| (8) | Where a person to whom the provisions of Article 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157) apply falls under Articles 43 (3), 46 (2) or 51 (2) of the Military Service Act in force before April 1, 1990, he shall be enlisted for active duty service, or called for defense, under the said Military Service Act, but persons not subject to enlistment in active duty service on or after January 1, 1995 shall be called to public duty personnel service. In such cases, the call for defense shall be governed by the provisions of Article 4 of the Addenda. |
| (9) | Any person who has received military education under Article 16 of the previous Special Case Regulation Act as at the time this Act enters into force shall be deemed to have called for education under this Act. |
Article 6 (Transitional Measures concerning Those Subject to Call for Military Force Mobilization)
Those who were called for defense and are in service or have completed such service pursuant to the previous provisions, and those who were called for defense and are in service, or have completed such service under Article 4 (1) or (2) of the Addenda, as at the time this Act enters into force, shall be deemed those subject to a call for military force mobilization under this Act. Article 7 (Transitional Measures concerning Persons Subject to Call for Military Education)
Any person falling under any of the following subparagraphs shall be deemed subject to be called for wartime labor or military education under Articles 53 and 55 (1): <Amended by Act No. 5271, Jan. 13, 1997> | 1. | A person transferred to the second citizen service under Article 4 (3) of the Addenda; |
| 2. | A person transferred to the second citizen service under Article 11 of the Addenda; |
| 3. | A person exempted from a defense call under the previous Article 58 (2). |
Article 8 (Transitional Measures concerning Shortening of Service Period of Those who have Received Student Military Education)
Notwithstanding the provisions of Article 57 (1), the shortening of the service period of defense servicemen who are students attending a high school or higher and have received military education, as at the time this Act enters into force, shall be governed by the previous provisions. Article 9 (Transitional Measures concerning Service Period of Officers, etc. in Medical, Judicial and Religious Services)
The service period of those enrolled on the military register of officers in active duty service in the field of medical, judicial or religious affairs, or in that of cadet officers in special branches of the army and in that of officers in active duty service in basic branches of the army, under the previous Article 50, as at the time this Act enters into force, shall be governed by the previous provisions.
Article 10 (Transitional Measures concerning Those Expunged from Military Register of Cadet Officers in Special Branches of Army)
A defense call of those expunged from the military register of cadet officers in special branches of the army, as at the time this Act enters into force, shall be governed by the provisions of Article 4 of the Addenda until December 31, 1994, notwithstanding the provisions of Article 58 (3). Article 11 (Transitional Measures concerning Transfer of Those Transferred to Supplementary Service due to Family Reasons, to Second Citizen Service, etc.)
Those transferred to supplementary service and those in supplementary service who are exempted or released from a call for defense under the previous Article 54 (1) 1 or 57 (1) 3, as at the time this Act enters into force, shall be deemed to have been transferred to the second citizen service under Article 62 (1) 1 or 65 (1) 3. Article 12 (Transitional Measures concerning Reduction, etc. of Service Period due to Family Reasons)
The reduction of or exemption from military service for those who fall under the previous Article 54 (1) 2 or 3, shall be classified as follows:
| 1. | For persons born before December 31, 1972, the period of active duty service (including the service as prescribed in Articles 21, 24 and 25), or service as public duty personnel, may be reduced to six months, notwithstanding the provisions of Article 63 and previous Article 55 (2); |
| 2. | For persons born before December 31, 1974, the provisions of previous Articles 54 and 55 (2) shall apply, notwithstanding the provisions of Articles 62 (1) and 63 (2); |
| 3. | For persons transferred under Article 5 or 6 of the previous Special Case Regulation Act as at the time this Act enters into force, the provisions of Article 7 (2) of the previous Special Case Regulation Act shall apply. |
Article 13 (Transitional Measures concerning Report on Overseas Travel)
Those who have completed service of a defense call and those who are exempted from a defense call as at the time this Act enters into force, and those who have completed service of a defense call and those who are exempted from a defense call under Article 4 of the Addenda, shall be deemed subject to report overseas travel under this Act.
Article 14 (Transitional Measures concerning Deliberative Committee of Special Cases on Military Service, etc.)
The Committee for Deliberation on Special Cases of Military Service under Article 9 of the previous Special Case Regulation Act as at the time this Act enters into force shall remain in force until the Military Affairs Deliberative Committee under this Act is organized, and any act performed by this Committee until that time shall be deemed an act performed by the Military Affairs Deliberative Committee under this Act.
Article 15 (Transitional Measures concerning Administrative Dispositions, etc.)
Any disposition of military service taken by the Commissioner of the Military Manpower Administration, director of a regional military manpower office, etc., other acts by any administrative agency, various applications, or other acts in relation to administrative agencies, pursuant to the previous provisions or under the previous Special Case Regulation Act as at the time this Act enters into force, shall be deemed corresponding acts by or in relation to administrative agencies under this Act.
Article 16 (Transitional Measures concerning Penalty Provisions)
| (1) | Any offense in violation of the Military Service Act or the Special Case Regulation Act before this Act enters into force, shall be governed by the penalty provisions of the previous Military Service Act or the Special Case Regulation Act: Provided, That any person who violates the duty to report as prescribed in Article 73 (1) of the previous Military Service Act shall be governed by the provisions of Article 84 (1). |
| (2) | Notwithstanding the provisions of Article 88 (1), any act evading enlistment by a call for defense under Article 4 (1) or (2) of the Addenda, shall be governed by the previous penalty provisions. |
Article 17 Omitted.
Article 18 (Transitional Measures following Amendment to other Acts)
| (1) | Notwithstanding the amended provisions of Article 3 (3) of the Establishment of Riot Police Units Act, the previous provisions shall apply to persons to be called for defense until December 31, 1994. |
| (3) | Notwithstanding the amended provisions of Articles 4 (1) 4 and 5 (5) of the Act on the Honorable Treatment of Persons, etc. of Distinguished Service to the State, the previous provisions shall apply to persons who are released or are to be released from a defense call, or persons called for defense. |
Article 19 (Relationship with Other Statutes and Regulations)
Where the provisions of the previous Military Service Act or the Special Case Regulation Act are cited or applied mutatis mutandis in other statutes and regulations as at the time this Act enters into force, if this Act includes provisions corresponding thereto, this Act or the corresponding provisions of this Act shall be deemed cited or applied mutatis mutandis in place of the previous provisions, respectively.
ADDENDA <Act No. 4840, Dec. 31, 1994>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1995: Provided, That the amended provisions of Article 79 (2) shall enter into force on January 1, 1996. |
| (2) | (Transitional Measures concerning Cancellation, etc. of Assignment to Public Health Doctors) The cancellation of assignment to, enlistment for active duty service of, or call-up to public duty personnel service of, public health doctors falling under Article 35 (1) 3 as at the time this Act enters into force, shall be governed by the previous provisions. |
| (3) | (Transitional Measures concerning Service Period of Public-Service Advocates) The service period of persons who were enrolled on the military register of cadet officers in special branches of the army in the field of judicial affairs prior to December 31, 1993, and who have been transferred to public-service advocates without being enrolled on the military register of officers in active duty service in the field of judicial affairs, shall be the same period as those who were enrolled on the military register of cadet officers in special branches of the army in the field of judicial affairs prior to December 31, 1993, and are enrolled on the military register of officers in active duty service in the field of judicial affairs. In such cases, the period of a call for military education prescribed in Article 55 (1) and the period of a call for education on duties prescribed by the Public-Service Judge Advocates Act, shall be included in the period of service. |
| (4) | (Transitional Measures concerning Service Period of Officers Having Completed Courses for Student Officer Candidates) The service period of officers or noncommissioned officers who have completed courses for student officer candidates as prescribed in Article 57 and who are in service, and those who are in the said courses, as at the time this Act enters into force, shall be governed by the previous provisions. |
| (5) | (Transitional Measures concerning Transfer of Officers, etc. to supplementary Service) Officers, warrant officers, or noncommissioned officers transferred to supplementary service pursuant to the previous provisions as at the time this Act enters into force, and whose transfer to supplementary service is not cancelled under Article 66 (3) through (5), shall be deemed to have been enlisted as officers, warrant officers or noncommissioned officers in supplementary service under the amended provisions of Article 66 (1). This shall also apply to officers, warrant officers or noncommissioned officers transferred to supplementary service pursuant to the previous provisions and whose transfer to supplementary service is not cancelled due to their deaths. |
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall, within thirty days after its promulgation, enter into force on the enforcement date of the Presidential Decree relating to organization of the Ministry of Maritime Affairs and Fisheries, and the National Maritime Police Agency.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5161, Aug. 16, 1996>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Compensation, etc.) Any bereaved families of persons who have died while serving as public duty personnel as prescribed in Article 26 (1) 1, and persons transferred to the second citizen service or exempted from military service due to a wound or disease in the course of their duty before this Act enters into force and their families shall receive an indemnity under the amended provisions of Articles 75 and 75-2. |
ADDENDA <Act No. 5271, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 1997.
Article 2 (Applicability)
The amended provisions of Article 41 (4) shall apply firstly in cases where the cause for cancellation of the transfer to service as technical research or skilled industrial personnel occurs. Article 3 (Transitional Measures concerning Selection of Persons Subject to be Called for Full Time Reserve Service)
Any persons who have applied as persons to be called for the full time reserve service prior to entry into force of this Act, shall be selected as persons to be called the for full time reserve service pursuant to the previous provisions.
Article 4 (Transitional Measures concerning Selection of Designated Enterprises)
Any research institutions, key enterprises and defense enterprises which have been selected as the designated enterprises pursuant to the previous provisions at the time of entry into force of this Act, shall be deemed to have been selected as the designated enterprises pursuant to this Act.
Article 5 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5757, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 6, 9, 10, 11 (1), and 69 shall enter into force on July 1, 1999. Article 2 (Applicability)
| (1) | Any disposition taken to warn a person who has failed to follow a lawful order for service issued under Article 33 (1) shall apply to cases where the cause for warning accrues on or after January 1, 1999 and any person who falls under a cause for canceling his service as public duty personnel under the previous provisions of Article 33 (1) 4 before December 31, 1998 shall be governed by the previous provisions, notwithstanding the amended provisions of Article 33 (1). |
| (2) | The amended provisions of Article 71 (1) 6 through 8 shall apply to persons who were born on or after January 1, 1969. |
Article 3 (Transitional Measures concerning Call, etc. to Public Duty Personnel)
Public duty personnel under the previous provisions of Article 26 (1) 2 as at the time this Act enters into force shall be called up by December 31, 2000 and the call, service and the cancellation of the call, etc. shall be governed by the previous provisions. Article 4 (Transitional Measures concerning Transfer of Medical Reserve Officers to Doctors Exclusively in Charge of Draft Physical Examination)
Persons to whom the provisions of Article 5 (4) and (6) of the Addenda to the amended Military Service Act (Act No. 4685) are applicable as at the time this Act enters into force, may be assigned to serve as doctors exclusively in charge of the draft physical examination, notwithstanding the amended provisions of Article 34. Article 5 (Transitional Measures concerning Administrative Dispositions, etc.)
Military service dispositions taken by the Commissioner of the Military Manpower Administration and directors of regional military manpower offices, etc., acts performed by administrative agencies, various applications made, or acts performed in relation to administrative agencies pursuant to the previous provisions as at the time this Act enters into force shall be deemed acts performed by or in relation to corresponding administrative agencies under this Act, respectively.
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and administrative fines to acts performed before this Act enters into force shall be governed by the previous provisions.
Article 7 Omitted.
Article 8 (Relationship with Other Statutes and Regulations)
Where any provision of the previous Military Service Act is cited or applied mutatis mutandis in other statutes and regulations as at the time this Act enters into force, the corresponding provision, if any, of this Act shall be deemed cited or applied mutatis mutandis in lieu of the previous provision.
ADDENDA <Act No. 5758, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2000.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 6058, Dec. 28, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 7 (1), 36 (5), 70 (1), (2) and (5), 78 (1) and (2), 83 (2) 7, and 84 shall enter into force on January 1, 2000. |
| (2) | (Transitional Measures concerning Administrative Dispositions, etc.) Any military service dispositions taken, orders issued, or other actions taken by the head of a military manpower branch office, or applications or reports made or actions taken in relation to the Commissioner of the Military Manpower Administration under the previous provisions as at the time this Act enters into force shall be deemed actions, etc. taken by or in relation to the director of a regional military manpower office, respectively. |
| (3) | (Transitional Measures concerning Penalty Provisions) The application of penalty provisions to any act performed before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 6287, Dec. 26, 2000>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amendments to Articles 2 (1) 9, 26 (1) 4 and (2), 27 (2), 28 (1), 29 (1) 2, 31 (7) and (8), 32 (4) and (5), and 33 (2) and (5), subparagraph 1 of Article 68, and Article 71 (1) 2 shall enter into force on January 1, 2001. |
| (3) | (Transitional Measures concerning Dispositions, etc.) At the time when this Act enters into force, actions taken by administrative agencies such as decision or transfer, or those taken toward administrative agencies such as request for assignment or recommendation under the previous provisions, shall be deemed to be actions taken by or toward administrative agencies under this Act. |
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. 6502, Aug. 14, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 6547, Dec. 29, 2001>
This Act shall enter into force on July 1, 2002.
ADDENDUM <Act No. 6749, Dec. 5, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6809, Dec. 26, 2002>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 6972, Sep. 3, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 37 shall enter into force on the date of its promulgation and the amended provisions of Articles 18 (2), 19 (1), 30 (1), and 39 (1) shall enter into force on October 1, 2003. Article 2 (Applicability concerning Physical Examination for Volunteers for Active Duty Service)
The amended provisions of Articles 11 (5), 12 (1) and (3), 13 (1), and 14 (1) shall apply to a physical examination for volunteers for active duty service conducted on or after the date this Act enters into force. Article 3 (Applicability concerning Active Duty Servicemen, etc. Discharged from Military Service following Physical Examination for Service)
The amended provisions of Articles 17 and 58 (5) and (6) shall apply to any person who undergoes a physical examination conducted by the commanding officer of the military unit on or after the date this Act enters into force. Article 4 (Applicability concerning Service Period, etc. of Active Duty Servicemen, etc.)
The service period or the mandatory service period of active duty servicemen, public duty personnel, expert research personnel and industrial technical personnel provided for in the amended provisions of Articles 18 (2), 19 (1), 30 (1), and 39 (1) shall apply to persons who are enlisted, called up or transferred on or after October 1, 2003. Article 5 (Applicability concerning Transfer, etc. of Expert Research Personnel, etc.)
The amended provisions of Article 38-2 shall apply to persons who intend to be transferred, or change their role, to expert research personnel or industrial technical personnel on or after the date this Act enters into force. Article 6 (Special Cases concerning Service Period, etc. of Active Duty Servicemen, etc.)
Efforts shall be made to reduce the period of service and the period of mandatory service of persons enlisted in, called up, or transferred to the military forces on or before September 30, 2003 in view of the amended provisions of Articles 18 (2), 19 (1), 30 (1), and 39 (1) and the supply and demand of military personnel, and the specific service period and mandatory service period so reduced for each time of enlistment of those in active duty service shall be determined by the Minister of National Defense while those of public duty personnel, expert research personnel and industrial technical personnel shall be determined by the Minister of National Defense at the request of the Commissioner of the Military Manpower Administration.
ADDENDA <Act No. 6997, Dec. 11, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7272, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Mandatory Service Period of Expert Research Personnel)
The amended provisions of Article 39 (1) 1 shall apply to expert research personnel transferred on or after the date this Act enters into force. Article 3 (Applicability to Notification of Changes in Status following Absence without Permission of Expert Research Personnel or Industrial Technical Personnel)
The amended provisions of subparagraph 2-2 of Article 40 and Article 41 (1) 1-2 shall apply to absence without permission of expert research personnel or industrial technical personnel made on or after the date this Act enters into force. Article 4 (Applicability to Coordination of Ages Subject to Exemption from Liability for Enlistment, etc. for Persons who Restore their Nationality)
The amended provisions of Article 71 (1) 11 shall apply to persons who acquire nationality of the Republic of Korea after obtaining permission for restoring nationality on or after the date this Act enters into force. Article 5 (Applicability to Dodgers of Enlistment)
The amended provisions of Article 88 (1) 1 shall apply to persons who receive an enlistment notice on or after the date this Act enters into force. Article 6 (Transitional Measures concerning Mandatory Service Period of Expert Research Personnel Fulfilling their Mandatory Service)
The mandatory service period of expert research personnel transferred before this Act enters into force shall be reduced in view of the amended provisions of Article 39 (1) 1. In such cases, such mandatory service period shall be reduced under conditions prescribed by the Minister of National Defense at the request of the Commissioner of the Military Manpower Administration. Article 7 (Transitional Measures concerning Revocation, etc. of Disposition Taken to Exempt Military Service for Anyone who Obtains Permanent Resident Status, etc. with his Family Overseas)
The revocation of a disposition taken to exempt military service and the exemption or mitigation of a liability for enlistment in the armed services, etc. for anyone subject to a disposition taken to exempt him from military service pursuant to the previous provisions of Articles 64 (1) 2 and 65 (2) as at the time this Act enters into force shall be governed by the previous provisions on revocation of a disposition taken to exempt military service and the exemption or mitigation of a liability for enlistment.
ADDENDA <Act No. 7430, Mar. 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2005. |
| (2) | (Transitional Measures concerning Cancellation of Call-up, etc. of Public Duty Personnel, etc.) Where an administrative fine is or has been imposed on any guarantor of public duty personnel, expert research personnel or industrial technical personnel pursuant to the previous provisions of Article 95 and paragraph (3) of the Addenda as at the time this Act enters into force, the cancellation of the call-up or enlistment of such public duty personnel, expert research personnel or industrial technical personnel shall be governed by the previous provisions. |
| (3) | (Transitional Measures concerning Administrative Fines) The imposition or collection of an administrative fine on or from a guarantor who has obtained permission for overseas travel or permission for extending the overseas travel period pursuant to the previous provisions of Article 70 (1) or (3) before this Act enters into force shall be governed by the previous provisions: Provided, That the same shall not apply to a guarantor who guarantees returning to Korea of the person for whom the permission for overseas travel or the permission for extending such period of overseas travel does not expire. |
ADDENDA <Act No. 7541, May 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2006. |
| (2) | (Applicability to Preferential Treatment When Employed) The amended provisions of Article 74-2 shall apply starting with the employment test conducted for the first time after the enforcement of this Act by an institution implementing an employment protection. |
| (3) | (Transitional Measures concerning Warning Disposition) The warning dispositions taken under the previous provisions of Article 33 (1) prior to the enforcement of this Act shall be deemed the warning dispositions under the amended provisions of Article 33 (1) 1 through 4. |
ADDENDA <Act No. 7845, Jan. 2, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 7897, Mar. 24, 2006>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Submission of Written Oath to Head of Designated Enterprise) The amended provisions of Article 36 (6) shall apply to the enlistment of technical research personnel, etc. in the designated enterprises on or after the enforcement date of this Act. |
ADDENDA <Act No. 7977, Sep. 22, 2006>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2007. |
| (2) | (Transitional Measures concerning Permission for Travelling Abroad) The persons who have a permission for travelling abroad or extending the period until after the age of 25 years pursuant to the previous provisions of Article 70 (1) and (3) before this Act enters into force shall be deemed to have obtained the permission for travelling abroad under the amended provisions of Article 70 (1) and (3). |
| (3) | (Transitional Measures concerning Penalty Provisions) The breaches of the duties under the permission for travelling abroad committed before this Act enters into force shall be governed by the previous provisions in applying penalty provisions. |
ADDENDUM <Act No. 8024, Oct. 4, 2006>
This Act shall enter into force on January 1, 2007.
ADDENDA <Act No. 8243, Jan. 19, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 37, 39, and 40 shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Follow-up Draft Physical Examination) The amended provisions of Article 14-2 shall apply to persons assigned to engage in active duty service or in supplementary service pursuant to Article 14 (1) on or after the date this Act enters into force. |
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
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. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8447, May 17, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11, 31, 31-3, 33-2, 36, 39, and 79 shall enter into force on October 1, 2007. |
| (2) | (Transitional Measures concerning Exemption from Liability for Service, etc.) The amended provisions of Article 7 of the Addenda to the amended Military Service Act (Act No. 7272) shall not apply to persons exempted from the duty to take a draft physical examination, duty to enter military service as an active duty serviceman, or duty to comply with a call-up to public duty personnel service, among persons who were exempted from military service because they had obtained a permanent resident permit, etc. with their families from a foreign state, but such disposition of exemption of military service was revoked, as at the time this Act enters into force. |
ADDENDUM <Act No. 8549, Jul. 27, 2007>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 8-2, 21-2, 23-2, 55 (1), and 83 (1) 2-2 shall enter into force on January 1, 2008.
ADDENDA <Act No. 8749, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 8834, Dec. 31, 2007>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 31 (6) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9620, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9754, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 10, 20-3, and 26, proviso to Article 31 (5), and Articles 42 (3), 47 (3), 53 (1) 3, 55 (3), 65 (3), and 83 (1) 5 and (2) 3 shall enter into force on January 1, 2010. Article 2 (Applicability to Cancellation of Transfer of Expert Research Personnel, etc.)
The amended provisons of Article 41 concerning the cancellation of transfer of and imposition of obligation on expert research personnel and industrial technical personnel shall apply to persons who violate such provisions on or after the date this Act enters into force. Article 3 (Transitional Measures concerning Penalty Provisions)
In applying penalty provisions, the previous provisions shall apply to an act committed before this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9946, Jan. 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 61 (1) and 65 (1), and the part other than the subparagraphs of Article 71 (1) and (2) shall enter into force on January 1, 2011. Article 2 (Applicability to Reduction of Service Period of Onboard Ship Reserve Personnel whose Transfer has been Cancelled)
The amended provisons of Article 23-4 (3) shall also apply to persons enlisted as active duty servicemen or called up to public duty personnel because their transfer to onboard ship reserve service was cancelled before this Act enters into force. Article 3 (Applicability to Transfer to Supplementary Service or Second Citizen Service due to Race, Skin Color, etc.)
The amended provisons of Article 65 (1) 3 shall apply to persons born after January 1, 1992. Article 4 (Applicability to Change of Military Service Disposition following Enhancement of National Prestige, etc.)
The amended provisons of Articles 42 (3) and 65 (9) shall also apply to persons who have promoted culture and enhanced national prestige, as prescribed by Presidential Decree, before this Act enters into force. Article 5 (Applicability to Adjustment of Ages Exempted from Liability for Enlistment, etc.)
| (1) | The amended provisons of Article 71 (1) 1-2 shall apply to persons transferred to onboard ship reserve service on or after the date this Act enters into force. |
| (2) | The amended provisons of Article 71 (1) 12 shall apply to persons who initiate administrative litigations on or after the date this Act enters into force. |
Article 6 (Transitional Measures concerning Reduction of, Exemption from, etc. Liability for Enlistment)
Notwithstanding the amended provisions of Article 71, the previous provisions shall apply to persons born before December 31, 1979.
ADDENDA <Act No. 9955, Jan. 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 10703, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10704, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. Provided That the amended provisions of Article 2 (1) 1 and 2 and 4, 3 (1), 8, and 9 (1) and (2) shall enter into force on the date of promulgation. Articles 2 (Applicability to Determination of Physical Grade VII)
The amended provisions of Article 12 (3) shall apply from a person who has been determined at physical grade VII for the first time on the date from Jan. 01, 2012. Articles 3 (Applicability to Violation, etc. of Service Obligation by Public Duty Personnel)
The amended provisions of Article 89-3 (2) shall apply from a warning such as being present later than daily start working time, early leaving from work without notice, or deserted from work place without justifiable grounds for the first time after the date of enforcement of this Act.
ADDENDA <Act No. 10814, Jul. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Public Health Doctors, etc.)
| (1) | The amended provisions of Articles 33 (3) (5), 35 (3), 35-2 (3), and 35-3 (2) shall apply for public duty personnel, public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public service advocate and public quarantine veterinarian whose calling-up and assignment have been cancelled pursuant to the previous provisions prior to the enforcement of this Act. |
| (2) | At the time of enforcement of this Act, among persons of public duty personnel, public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public service advocate and public quarantine veterinarian whose calling-up and assignment have been cancelled and serve as active duty service or are called to public duty personnel, persons who are working in excess of the remaining service period pursuant to the amended provisions of Articles 33 (3) (5), 35 (3), 35-2 (3), and 35-3 (2) are deemed to be discharged or released from the call on the date of enforcement of this Act. |
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <Omitted.> ... Article 3 of the Addenda shall enter into force one year after the date of its promulgation, respectively.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDA <Act No. 11093, Nov. 22, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
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: Provided, That the amended provisions of Articles 3, 23-4 (3), 32 (2) (excluding the portion of social work personnel), 36 (5) with the exception of the subparagraphs thereof, 38 (1) 4 and 5, 40, 41 (1) 3 and (4), 50 (5), 60, and 61, subparagraph 2 of Article 68, Article 70, the main sentence of Article 71 (1) with the exception of the subparagraphs thereof (only applicable to the portions of a follow-up draft physical examination and a physical examination for confirmation), Article 71 (1) 1 and 6, and Articles 73 (3), 75 (3), 76 (1) 1, 82, 83 (2) 2, 5, and 9 and (3), and 87 (1) and (3) shall enter into force on the date of its promulgation; and the amended provisions of Article 37 (1) 2 and 3 and (2), the latter part of Article 39 (1) with the exception of the subparagraphs thereof, and Article 77-3 shall enter into force on January 1, 2014. Article 2 (Applicability to Shortening of Service Period for Onboard Ship Reserve Service, etc.)
The amended provisions of Articles 23-4 (3) and 41 (4) shall also apply to those who are serving as active duty servicemen or social work personnel after their transfer to onboard ship reserve service, expert research personnel service, or industrial technical personnel service was cancelled before enforcement of the said amended provisions. Article 3 (Applicability to Cancellation of Transfer to Art and Sports Personnel Service)
The amended provisions of Article 33-10 (3) 4 and 5 shall apply to offenses that are committed on or after the date this Act enters into force. Article 4 (Applicability to Health Insurance Premium Reimbursement)
The amended provisions of Article 77-3 shall also apply to full-time reserve service and public duty personnel who are serving after having been called up before this Act enters into force. Article 5 (Transitional Measures concerning Public Duty Personnel)
| (1) | Public duty personnel who are called up or in service for duties referred to in the previous provisions of Article 26 (1) 1 or 2 as at the time this Act enters into force shall be deemed called up or in service as social work personnel pursuant to the said provisions. |
| (2) | Public duty personnel who are called up or in service for duties referred to in the previous provisions of Article 26 (1) 3 or 4 as at the time this Act enters into force shall be deemed assigned or in mandatory service as international cooperation service personnel or art and sports personnel pursuant to the amended provisions of Articles 33-3 and 33-7. |
Article 6 (Transitional Measures concerning Mandatory Service Period of Expert Research Personnel)
With respect to inclusion in the mandatory service period of a period of study required for persons transferred to expert research personnel service to take a doctor’s degree pursuant to the previous provisions of subparagraph 2 or 3 of Article 37 before this Act enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 39. Article 7 Omitted.
ADDENDUM <Act No. 12560, May 9, 2014>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 64 (1) and Articles 75-3 and 83 (3) through (7) shall enter into force on the date of its promulgation and the amended provisions of Articles 73 (4) and 80-2 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12684, May 28, 2014>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 79 and 95 shall enter into force six 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 (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12906, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Volunteer Activities Utilizing Specialty During Period of Mandatory Service of Art and Sports Personnel )
The amended provisions of Articles 33-8 and 33-10 shall apply, beginning with the first person transferred to art and sports personnel after this Act enters into force. Article 3 (Applicability to Disclosure of Personal Information, etc. of Persons Who Evade Mandatory Military Service)
The amended provisions of Article 81-2 shall apply, beginning with the first person who evades a mandatory military service after this Act enters into force.
ADDENDA <Act No. 13425, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13566, Dec. 15, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 43, 75 (6) 2 and 77-4 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Compensation and Medical Care, etc.)
The amended provisions of Articles 75 and 75-2 shall apply, beginning with a person who is conscripted or called, or is called to military force mobilization as at the time when this Act enters into force. Article 3 (Transitional Measures concerning Penalty Provisons)
The application of penalty provisions to acts committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 13778, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 17, 58 and 94 shall enter into force three months after the date of its promulgation, Articles 14, 33, 33-7 (1), 33-10, 42 (3), 49, 64, 65 (1) and (10), and 77-5 shall enter into force six months after the date of its promulgation, and the amended provisions of Article 43 (2) of the partially amended Military Service Act (Act No. 13566) shall enter into force on June 16, 2016. Article 2 (Applicability to Adjustment of Period for Military Service of Persons Transferred to Art and Sports Personnel)
The amended provisions of Article 42 (3) shall also apply to persons who are engaging in the military service after they are transferred to art and sports personnel as at the time this Act enters into force. Article 3 (Applicability to Call for Military Force Mobilization Training regarding Promotion to Reserve Service)
The amended provisions of Article 49 (2) shall apply, beginning with the first person who is called to military force mobilization training after this Act enters into force. Article 4 (Applicability to Violation of Duty to Obtain Permission for Overseas Travel)
The amended provisions of Article 94 shall apply, beginning with the first offence committed after this Act enters into force. Article 5 (Transitional Measures concerning International Cooperation Service Personnel or International Cooperative Doctors)
The service, etc. of persons who serve as the international cooperation service personnel or international cooperative doctors as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 14170, May 29, 2016>
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. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 18 (4) 3, Article 18 (6), and Article 19 (1) 2 shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Redemption of Travel Expenses, etc.)
The amended provisions of Article 79 (3) and (4) shall apply, beginning with a person who receives expenses prescribed in subparagraphs of Article 79 (1) after this Act enters into force. Article 3 (Transitional Measures concerning Change of Terms of Preliminary Military Service, etc.)
| (1) | Any disposition entered in the left column of the next table governed by the previous provisions before this Act enters into force shall be deemed a disposition entered in the right column of the next table pursuant to this Act, respectively. |
| Call for education | Call for military education | | Physical grade | Physical grade | | First citizen service | Preliminary military service | | Second citizen service | Wartime labor service | | Draft physical examination for draft | Draft physical examination | | Follow-up draft physical examination | Follow-up draft physical examination |
|
| (2) | A doctor specializing in the draft physical examination and a doctor exclusively in charge of the draft physical examination governed by the previous provisions as at the time when this Act enters into force shall be deemed a doctor specializing the draft physical examination and a doctor exclusively in charge of the draft physical examination pursuant to this Act. |
Article 4 (Transitional Measures concerning Service Period of Industrial Technical Personnel)
Persons called to industrial technical personnel before this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisons of the proviso to Article 39 (1) 2. Article 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.
ADDENDUM <Act No. 14555, Feb. 8, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14611, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Cancellation of Assignment of Art and Sports Personnel)
The amended provisions of Article 33-10 (4) 6 shall apply to violations committed after this Act enters into force. Article 3 (Applicability to Extension of Term of Military Service of Doctors Exclusively in Charge of Draft Physical Examination)
The amended provisions of Article 34-4 (1) and (2) shall apply to doctors exclusively in charge of the draft physical examination engaging in any work other than the work of physical examination after this Act enters into force. Article 4 (Applicability to Change of Assignment to Military Service Following Changes in Educational Background of Persons in Supplementary Service)
The amended provisions of Article 65 (10) shall apply where a person in supplementary service to be called to social work personnel service has a change in his educational background, such as where he is recognized as having educational background equivalent to graduation from a school pursuant to Article 2 of the Elementary and Secondary Education Act, after this Act enters into force. Article 5 (Applicability to Expenses Incurred in Issuing Supplementary Documents, such as Medical and Operating Records)
The amended provisions of Article 79 (1) 1 shall apply where supplementary documents, such as medical and operating records required in process of physical examinations, are issued and submitted after this Act enters into force.
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 amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived yet among the Acts amended pursuant to Article 5 of the Addenda shall respectively enter into force on the enforcement dates of such Acts.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15054, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting to National Assembly)
The amended provisions of Article 19 (4) shall begin to apply from the first case where the Minister of Defense desires to adjust the period of active duty service after this Act enters into force.
ADDENDA <Act No. 15270, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2019. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16279, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 16356, Apr. 23, 2019>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 77-4 (1) shall enter into force six months after the date of its promulgation.