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ACT ON THE ASSIGNMENT AND PERFORMANCE OF THE ALTERNATIVE SERVICE

Act No. 16851, Dec. 31, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters concerning the assignment to, and performance of alternative service, including others, to fulfill the duty of military service in lieu of active service, reserve service, or supplementary service on the grounds of freedom of conscience guaranteed by the Constitution of the Republic of Korea.
 Article 2 (Relationship to Other Statutes)
Except as provided in this Act, matters necessary for the assignment to, and performance of alternative service, including others, shall be governed by the Military Service Act.
CHAPTER II ASSIGNMENT TO ALTERNATIVE SERVICE
 Article 3 (Application for Assignment to Alternative Service)
(1) Any of the following persons who intends to fulfill the duty of military service in lieu of active service, reserve service, or supplementary service on the grounds of freedom of conscience guaranteed by the Constitution of the Republic of Korea may apply for assignment to alternative service (hereinafter referred to as “application for assignment”) referred to in Article 5 (1) 6 of the Military Service Act (hereinafter referred to as "alternative service") to the Alternative Service Commission under Article 4 by no later than five days before the date of conscription or call-up:
1. A person subject to enlistment in active service;
2. A person in supplementary service, subject to call-up of social service personnel;
3. A person who has completed his reserve or supplementary service under any subparagraph of Article 3 (1) of the Reserve Forces Act and is in his eighth year, prior to December 31, after the completion of service.
(2) A person over 30 years of age among persons falling under paragraph (1) 1 or 2 may not file an application for assignment.
(3) Conscription or call-up (referring to the conscription or call-up defined in Article 2 (1) 1 or 2 of the Military Service Act; hereinafter the same shall apply) of a person falling under any subparagraph of paragraph (1) who has filed an application for assignment (hereinafter referred to as "applicant") shall be postponed until a decision is made pursuant to Article 13 (1).
(4) Notwithstanding paragraph (3), no conscription or call-up shall be postponed where an application for assignment is filed twice or more: Provided, That the conscription or call-up may be postponed where the Alternative Service Commission under Article 4 deems that the postponement is necessary for such reasons as the applicant's apparent lack of intention to avoid mandatory military service, etc.
(5) Except as provided in paragraphs (1) through (4), necessary matters concerning the procedures, etc. for application for assignment or postponement of conscription or call-up shall be prescribed by Presidential Decree.
 Article 4 (Alternative Service Commission)
(1) The Alternative Service Commission (hereinafter referred to as the "Commission") shall be established under the jurisdiction of the Commissioner of the Military Manpower Administration to examine and decide on applications for assignment, etc.
(2) The Commission shall examine and decide on the following matters:
1. Decision to accept, dismiss, or reject the application for assignment;
2. Research, examination, and proposal on improvement of the alternative service system;
3. Other matters submitted to its meetings by the chairperson of the Commission (hereinafter referred to as the "chairperson") in relation to the alternative service system.
(3) The Commission shall independently perform its duties under its authority.
 Article 5 (Organization and Operation of Commission)
(1) The Commission shall be comprised of 29 members including the chairperson and shall have not more than five full-time members including the chairperson:
(2) Each member shall have any of the following qualifications. In such cases, the number of years during which he or she has held at least two following posts shall be added up:
1. A person who has been holding or has held a post of a judge, public prosecutor, Constitution Research Officer, or attorney-at-law for at least 10 years;
2. A person who majored in the studies related to law, politics, sociology, psychology, philosophy, religion, etc. and has been serving or has served for at least 10 years at a university, college, or publicly authorized research institute as an associate professor or higher or a position corresponding thereto;
3. A person who has career in the relevant duties for at least 10 years as a mental health medical specialist;
4. A person who has been serving or has served in the field of human rights for at least 10 years at a non-profit non-governmental organization registered under the Assistance for Non-Profit, Non-Governmental Organizations Act;
5. A person who has been serving or has served for more than 10 years as a public official in general service of Grade IV or higher (including a member of the Senior Executive Service) or a public official in special service equivalent thereto;
6. Any other person with extensive knowledge and experience in alternative service.
(3) The chairperson and full-time members shall be appointed by the President upon recommendation of the Minister of National Defense from among the following persons, and other members of the Commission shall be commissioned by the Minister of National Defense. In such cases, the chairperson and full-time members shall be appointed from among the public officials in a fixed term position referred to in Article 26-5 of the State Public Officials Act, who are public officials in general service of the Senior Executive Service:
1. Five persons recommended by the Chairperson of the National Human Rights Commission;
2. Five persons recommended by the Minister of Justice;
3. Five persons recommended by the Minister of National Defense;
4. Five persons recommended by the Commissioner of the Military Manpower Administration;
5. Four persons recommended by the National Defense Committee of the National Assembly;
6. Five persons recommended by the president of the Korean Bar Association.
(4) The chairperson shall represent the Commission and exercise the overall control of its affairs.
(5) A majority of the members of Commission shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(6) Except as provided in paragraphs (1) through (5), matters necessary for the organization, functions and operation of the Commission shall be prescribed by Presidential Decree.
 Article 6 (Term of Office of Chairperson and Members)
The term of office of the chairperson and members shall be three years, and consecutive appointment shall be limited to one occasion.
 Article 7 (Preliminary Examination Committee)
(1) The Commission may establish a preliminary examination committee under the Commission to conduct preliminary examination of the matters referred to in Article 4 (2) 1.
(2) Matters necessary for organizing and operating the preliminary examination committee referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 8 (Grounds for Disqualification from Members)
(1) No person who falls under any subparagraph of Article 33 of the State Public Officials Act shall become a member.
(2) A member who falls under paragraph (1) shall be dismissed or removed, ex officio, from his or her office.
 Article 9 (Exclusion from, Challenge to, and Refrainment by Members)
(1) A member who falls under any of the following shall be excluded from the examination and resolution of the relevant agenda:
1. The member or his or her current or former spouse is the person who has filed the relevant agenda;
2. The member is or was a relative of the person who has filed the relevant agenda;
3. The member has given testimony, made a statement, or provided legal advice or appraisal services with respect to the relevant agenda;
4. The member, or the corporation, organization, institution or law firm to which the member belongs, is or was an agent of the person who has filed the relevant agenda;
5. The member belongs or has belonged to the same religious organization, corporation, or institution as the person who has filed the relevant agenda.
(2) If any ground for disqualification referred to in subparagraphs of paragraph (1) exists, or if it is difficult to expect a member to impartially conduct examination or resolution, the applicant may file a request to challenge him or her with the Commission, and the Commission shall decide whether to accept the challenge. In such cases, the member subject to the request for challenge shall not participate in the relevant resolution.
(3) A member who falls under any cause for exclusion referred to in subparagraphs of paragraph (1) shall voluntarily refrain from the examination and resolution of the relevant agenda.
 Article 10 (Installation of Secretariat)
(1) The Commission shall establish a secretariat in the Commission to administer the affairs of the Commission.
(2) Necessary matters concerning the organization of a secretariat and maximum number of its personnel shall be prescribed by Presidential Decree.
 Article 11 (Fact-Finding Investigation)
(1) The Commission (including a preliminary examination committee; hereinafter the same shall apply) may conduct an investigation of facts necessary for the examination (hereinafter referred to as "fact-finding investigation").
(2) The Commission shall listen to the statement of the applicant for fact-finding investigation: Provided, That it may omit such procedure with the resolution of the Commission.
(3) If deemed necessary for the fact-finding investigation, the Commission may make the following requests. In such cases, any person, corporation, institution, or organization in receipt of such requests shall cooperate therewith unless there is good reason not to do so:
1. A request to the applicant, witness, person for reference, or corporation, institution or organization related to the relevant agenda to submit relevant data;
2. A request to a witness or person for reference to appear and make a statement, or to submit a written statement.
 Article 12 (Right of Applicant to Be Assisted by Attorney-At-Law)
(1) An applicant shall have the right to be assisted by an attorney-at-law.
(2) At the request of an applicant, the Commission may allow him to accompany a person he trusts to the extent that it does not interfere with the fairness of the examination and resolution.
(3) An applicant may inquire the head of the police agency having jurisdiction over his place of domicile about criminal records and investigation records, and the head of the relevant police agency shall reply thereto by providing such data, etc. without delay.
 Article 13 (Decisions of Commission)
(1) The Commission shall decide whether to accept, dismiss, or reject an application for assignment within 90 days from the date it is filed: Provided, That the period may be extended by up to 60 days after resolution, if there is an unavoidable reason for not being able to make a decision within such period.
(2) The Commission shall decide to accept an application for assignment when it deems that the application is well-grounded or to dismiss it when it deems the application groundless.
(3) If the Commission decides to accept, dismiss, or reject an application pursuant to paragraph (1), it shall serve the written decision to the applicant without delay.
(4) The provisions on service of the Administrative Procedures Act shall apply mutatis mutandis to service of a written decision under paragraph (3).
(5) If the applicant disagrees with the decision made pursuant to paragraph (1), he may file a request for adjudication under the Administrative Appeals Act or administrative litigation under the Administrative Litigation Act (hereinafter referred to as "administrative appeal or administrative litigation").
 Article 14 (Decision of Commission on Rejection)
(1) The Committee shall reject an application for assignment if the application for assignment falls under any of the following cases:
1. Where the deadline for filing an application for assignment under Article 3 (1), with the exception of its subparagraphs, has expired;
2. Where the applicant fails to meet the requirements for an application for assignment provided in subparagraphs of Article 3 (1) and paragraph (2) of the same Article;
3. Where the applicant already filed an application for assignment and has received a decision to be accepted, dismissed, or rejected pursuant to Article 13 (1): Provided, That the same shall not apply where the Commission deems that there is a valid reason, such as the case the grounds for which a decision to reject that has been already made are apparently removed;
4. Where the assignment to alternative service is canceled pursuant to Article 25 (1);
5. Where the procedures for assignment to alternative service is suspended pursuant to Article 83 (1) 7-2 of the Military Service Act;
6. Where it is obvious that a request to supplement a document submitted in filing an application for assignment or a fact-finding investigation is not responded without reasonable grounds;
7. Where it is obvious that an application for assignment is filed again after withdrawing an application for assignment without reasonable grounds;
8. Where it is obvious that the application for assignment itself is false or has no ground.
(2) Even after commencing a fact-finding investigation, the Commission may reject the relevant application for assignment in cases falling under any subparagraph of paragraph (1).
 Article 15 (Assignment to Alternative Service)
(1) An applicant shall be assigned to alternative service on the day the Commission decides to accept pursuant to Article 13 (1).
(2) Where the assignment of an applicant to alternative service is admitted through a relief procedure of an administrative appeal or administrative litigation, he shall be assigned to alternative service on the day the administrative appeal or administrative litigation becomes final and conclusive.
CHAPTER III PERFORMANCE OF ALTERNATIVE SERVICE
 Article 16 (Alternative Service Agencies and Duties of Alternative Service Personnel)
(1) Each person in alternative service defined in subparagraph 17-2 of Article 2 of the Military Service Act (hereinafter referred to as "alternative service personnel") shall perform service necessary for the public interest (hereinafter referred to as "alternative service") at an alternative service agency prescribed by Presidential Decree, such as a correctional facility (hereinafter referred to as "alternative service agency").
(2) The following activities shall not be included in alternative service;
1. Using, managing, or controlling arms or deadly weapons;
2. Activities involving killing of people or destroying facilities, or activities for improving such capability;
3. Other activities similar to those referred to in subparagraphs 1 or 2.
(3) The alternative service performed by any member of alternative service personnel shall be deemed a public service.
 Article 17 (Call-Up of Alternative Service Personnel)
(1) The Commissioner of the Military Manpower Administration shall call up persons assigned to alternative service as alternative service personnel, from among the persons falling under Article 3 (1) 1 or 2.
(2) Article 6 of the Military Service Act shall apply to the service of a written notice on the call-up of alternative service personnel under paragraph (1).
(3) A person in receipt of a written notice under paragraph (2) shall comply with the call-up at the designated time and place.
(4) The head of a central administrative agency having jurisdiction over alternative service agencies (hereinafter referred to as "head of the competent central administrative agency") shall deploy persons called up pursuant to paragraph (3) at alternative service agencies.
(5) The head of the competent central administrative agency shall consult with the Minister of National Defense in advance on the number of alternative service personnel members to be called up annually.
(6) Except as provided in paragraphs (1) through (5), matters necessary for calling up and placing alternative service personnel shall be prescribed by Presidential Decree.
 Article 18 (Service Period of Alternative Service Personnel)
(1) The service period of alternative service personnel shall be 36 months.
(2) Where any member of alternative service personnel is sentenced to imprisonment with or without labor or misdemeanor imprisonment, or he deserts his post, the number of days during which the sentence is executed or he deserts his post shall not be included in his service period.
(3) Notwithstanding paragraph (2), where any member of alternative service personnel is released by a disposition not to institute prosecution or by a trial, etc. when his service period is terminated while he is under restraint due to a criminal case, he may be discharged from service by including the period of restraint in the service period.
(4) Except as provided in paragraphs (1) through (3), matters concerning calculation of the service period, procedures for discharge from service, and other necessary matters shall be prescribed by Presidential Decree.
 Article 19 (Adjustment of Service Period of Alternative Service Personnel)
Where the service period of active service member is adjusted, the Minister of National Defense may adjust the service period of alternative service personnel by up to six months with approval from the President, following deliberation by the State Council upon request of the Commissioner of the Military Manpower Administration.
 Article 20 (Education for Alternative Service Personnel)
The head of the competent central administrative agency may educate alternative service personnel on the following matters as prescribed by Presidential Decree. In such cases, the period of education shall be included in the service period:
1. Basic education to establish the mental attitude that they should have as those who perform public service;
2. On-the-job education necessary for enhancing the capability to effectively perform the duties of alternative service in charge.
 Article 21 (Service and Remuneration of Alternative Service Personnel)
(1) The head of an alternative service agency shall have alternative service personnel deployed serve by assigning them the duties of alternative service.
(2) Alternative service personnel shall serve in a camp.
(3) The head of an alternative service agency shall pay the alternative service personnel remuneration and travel expenses, etc. incurred in performing the duties of alternative service.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the method of service by alternative service personnel, payment of remuneration and travel expenses, and other relevant matters shall be prescribed by Presidential Decree.
 Article 22 (Management and Supervision of Performance of Alternative Service Personnel)
(1) The head of the competent central administrative agency shall command and supervise the overall performance of alternative service personnel.
(2) The head of an alternative service agency shall command and supervise the overall performance of deployed alternative service personnel and shall manage the performance of alternative service personnel by designating officials responsible for managing their performance.
 Article 23 (Notification on Changes in Personal Circumstances of Members of Alternative Service Personnel)
Where a member of alternative service personnel falls under any of the following cases, the head of the competent central administrative agency shall notify such fact to the Commissioner of the Military Manpower Administration within 14 days:
1. Where he deserts his post or fails to perform the duties of the alternative service without justifiable grounds;
2. Where he receives a warning pursuant to Article 24 (2) due to his failure to comply with a lawful order for service;
3. Where he falls under any ground for cancelling the assignment to alternative service stipulated in subparagraphs of Article 25 (1).
 Article 24 (Extended Service of Alternative Service Personnel)
(1) Where any member of alternative service personnel deserts his post without justifiable grounds, he shall be made to serve for an extended period corresponding to five times the number of days of his desert: Provided, That if he falls under subparagraph 1 of Article 89-2 of the Military Service Act, his service period shall not be extended.
(2) Where a member of alternative service personnel falls under any of the following cases, he shall be subject to a warning and his service period shall be extended by five more days each time he receives such warning: Provided, That if he falls under any of the subparagraphs of Article 89-3 of the Military Service Act, his service period shall not be extended:
1. Where he obstructs another person's service or instigates another person to neglect service;
2. Where he engages in any political activity, such as joining a political party or other political organization;
3. Where he cruelly treats any other person;
4. Where he engages in any profit-making activity in relation to his service or holds another post concurrently without permission of the head of the alternative service agency to which he belongs;
5. Where he falls under any ground prescribed by Presidential Decree, such as failing or delaying to perform the duties of alternative service without justifiable grounds.
(3) Procedures, etc. necessary for warning under paragraph (2) shall be prescribed by Presidential Decree.
 Article 25 (Cancellation of Assignment to Alternative Service)
(1) The Commissioner of the Military Manpower Administration shall cancel assignment of a person to alternative service, if he falls under any of the following cases:
1. Where he is assigned by improper means, such as making a false statement or submitting a false document;
2. Where he deserts his post or fails to serve in the relevant field for eight days or more without justifiable reasons;
3. Where he receives warning at least four times in total for the reasons falling under any of Article 24 (2) 1 through 4 or receives warning at least eight times in total for reasons of arriving at work after the commencement of daily work, or taking early leaves, or walking away from his place of work without permission, among the reasons falling under Article 24 (2) 5;
4. Where he is sentenced to imprisonment without labor or heavier punishment (including suspension of execution or suspension of sentence) due to any criminal act committed during the period from the time he was assigned to alternative service to the time he completes the service alternative to reserve forces under Article 26 (1);
5. 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) and (3) of the Military Service Act, or fails to return to the Republic of Korea within the permitted period without justifiable grounds;
6. Where he fails to return to the Republic of Korea, in violation of an order therefor issued under Article 83 (2) 10 of the Military Service Act;
7. Where he, assigned to alternative service, desires the assignment to be cancelled.
(2) Any person for whom the assignment to alternative service is cancelled pursuant to paragraph (1) shall be removed from the military register of alternative service personnel and shall perform mandatory military service after returning to the category of military service he was in before being assigned.
(3) The service period of a person who, while in alternative service, enlists in active service or is called to social service as his assignment is cancelled pursuant to paragraph (1) and (2) may be reduced according to standards prescribed by Presidential Decree.
(4) Matters necessary for the procedures for cancelling assignment to alternative service under paragraph (1) and (2) shall be prescribed by Presidential Decree.
 Article 26 (Service Alternative to Reserve Forces)
(1) The Commissioner of the Military Manpower Administration shall call up any of the following persons to serve in an alternative service agency (hereinafter referred to as "service alternative to reserve forces") in lieu of performing his duty or training as a member of reserve forces under the Reserve Forces Act, and the call-up period shall not exceed 30 days annually:
1. A person who has completed his alternative service and is in his eighth year, prior to December 31, after the completion of alternative service;
2. A person falling under Article 3 (1) 3, who is assigned to alternative service.
(2) Article 6 of the Military Service Act shall apply to the service of a written notice on the calling up of the service alternative to reserve forces under paragraph (1).
(3) A person in receipt of a written notice under paragraph (2) shall comply with the call-up at the designated time and place.
(4) Except as otherwise provided in paragraphs (1) through (5), necessary matters concerning the procedures for and the period of call-up, the details of service and other relevant matters shall be prescribed by Presidential Decree.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 27 (Legal Fiction as Public Official for Purposes of Penalty Provisions)
A person who is not a public official among the members of the Commission shall be deemed a public official for the purposes of penalty provisions under Articles 127 and 129 through 132 of the Criminal Act.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2020: Provided, That Article 3 shall enter into force on the date prescribed by Presidential Decree, which shall not exceed six months from the date of promulgation of this Act.
Article 2 (Special Cases concerning Assignment to Alternative Service)
(1) Where a person who is sentenced to punishment for violating Article 88 (1) of the Military Service Act on the grounds of the freedom of conscience guaranteed by the Constitution of the Republic of Korea and for whom the punishment is not completely executed files an application for assignment, the Commission shall decide to accept it without delay, notwithstanding Article 13 (1), and the applicant shall be assigned to alternative service on the date of such decision.
(2) In the case of paragraph (1), the execution of the punishment shall be suspended under the direction of the prosecutor of the public prosecutor's office who has responded to the court that sentenced the person to a punishment or the prosecutor of the public prosecutor's office having jurisdiction over the present location of the person sentenced to punishment; and the period of punishment already executed shall be included in the service period. In such cases, if a person for whom the execution of punishment is suspended has completed his service as alternative service personnel, the execution of the suspended punishment shall be deemed terminated.
(3) Where a person who has been indicted on a charge of violating Article 88 (1) or 90 (1) of the Military Service Act, or Article 15 (9) 1 of the Reserve Forces Act on the grounds of the freedom of conscience guaranteed by the Constitution of the Republic of Korea files an application for assignment after such indictment is cancelled or the final and conclusive judgement of acquittal is rendered, the Commission shall decide to accept it without delay, notwithstanding Article 13 (1), and the applicant shall be assigned to alternative service on the date of such decision. In such cases, the number of days of detention during pendency shall be included in the service period.
(4) A person who has been indicted on a charge of violating Article 88 (1) of the Military Service Act and for whom such indictment is cancelled or the final and conclusive judgement of acquittal is rendered on the grounds of the freedom of conscience guaranteed by the Constitution of the Republic of Korea, or a person sentenced to a punishment for the same grounds and for whom the execution of the punishment is not completed shall be exempted from the liability for enlisting as active service member, social service personnel, or alternative service personnel at the time the relevant person attains 38 years of age notwithstanding Article 71 of the Military Service Act.
Article 3 (Special Cases concerning Age Restriction on Application for Assignment)
Notwithstanding Article 3 (2), any of the following persons who falls under Article 3 (1) 1 or 2 may file an application for assignment even if he is over 30 years of age:
1. A person who falls under Article 2 (1) or (3) of the Addenda;
2. A person born on or before December 31, 1989.
Article 4 (Special Cases concerning Decision Period of the Commission)
For any person who has filed an application for assignment within one year from the enforcement date of Article 3 of this Act, "within 90 days" in the main clause of Article 13 (1) shall be construed as "within 240 days" and "up to 60 days" in the proviso of the same paragraph shall be construed as "up to 120 days".
Article 5 Omitted.