ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT
Wholly Amended by Presidential Decree No. 14397, Oct. 6, 1994
Amended by Presidential Decree No. 14447, Dec. 23, 1994
Presidential Decree No. 14446, Dec. 23, 1994
Presidential Decree No. 14819, Dec. 6, 1995
Presidential Decree No. 15030, jun. 20, 1996
Presidential Decree No. 15135, Aug. 8, 1996
Presidential Decree No. 15221, Dec. 31, 1996
Presidential Decree No. 15380, May 27, 1997
Presidential Decree No. 15919, Oct. 21, 1998
Presidential Decree No. 16149, Mar. 3, 1999
Presidential Decree No. 16668, Dec. 31, 1999
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 17138, Feb. 27, 2001
Presidential Decree No. 17159, Mar. 27, 2001
Presidential Decree No. 17158, Mar. 27, 2001
Presidential Decree No. 17361, Sep. 15, 2001
Presidential Decree No. 17442, Dec. 31, 2001
Presidential Decree No. 17636, jun. 25, 2002
Presidential Decree No. 17718, Aug. 21, 2002
Presidential Decree No. 18039, jun. 30, 2003
Presidential Decree No. 18098, Sep. 15, 2003
Presidential Decree No. 18133, Nov. 20, 2003
Presidential Decree No. 18254, Jan. 29, 2004
Presidential Decree No. 18273, Feb. 9, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18377, Apr. 24, 2004
Presidential Decree No. 18390, May 24, 2004
Presidential Decree No. 18669, Jan. 5, 2005
Presidential Decree No. 18891, jun. 30, 2005
Presidential Decree No. 18972, Jul. 27, 2005
Presidential Decree No. 19182, Dec. 26, 2005
Presidential Decree No. 19321, Feb. 8, 2006
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19507, jun. 12, 2006
Presidential Decree No. 19688, Sep. 22, 2006
Presidential Decree No. 19789, Dec. 29, 2006
Presidential Decree No. 20120, jun. 28, 2007
Presidential Decree No. 20142, jun. 29, 2007
Presidential Decree No. 20222, Aug. 17, 2007
Presidential Decree No. 20286, Sep. 27, 2007
Presidential Decree No. 20469, Dec. 28, 2007
Presidential Decree No. 20675, Feb. 29, 2008
Presidential Decree No. 20797, jun. 5, 2008
Presidential Decree No. 20854, jun. 20, 2008
Presidential Decree No. 21069, Oct. 8, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21256, Jan. 7, 2009
Presidential Decree No. 21774, Oct. 8, 2009
Presidential Decree No. 21867, Dec. 7, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22234, jun. 29, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22286, Jul. 21, 2010
Presidential Decree No. 22290, Jul. 21, 2010
Presidential Decree No. 22414, Oct. 1, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 22560, Dec. 29, 2010
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 22687, Mar. 2, 2011
Presidential Decree No. 22752, Mar. 29, 2011
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 23026, Jul. 14, 2011
Presidential Decree No. 23305, Nov. 23, 2011
Presidential Decree No. 23419, Dec. 28, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23620, Feb. 3, 2012
Presidential Decree No. 23795, May 22, 2012
Presidential Decree No. 23892, jun. 29, 2012
Presidential Decree No. 24018, Aug. 3, 2012
Presidential Decree No. 24077, Aug. 31, 2012
Presidential Decree No. 24102, Sep. 14, 2012
Presidential Decree No. 24105, Sep. 19, 2012
Presidential Decree No. 24238, Dec. 20, 2012
Presidential Decree No. 24413, Mar. 23, 2013
Presidential Decree No. 24553, May 31, 2013
Presidential Decree No. 24852, Nov. 20, 2013
Presidential Decree No. 24890, Dec. 4, 2013
Presidential Decree No. 25435, jun. 30, 2014
Presidential Decree No. 25687, Nov. 4, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26348, jun. 30, 2015
Presidential Decree No. 26551, Sep. 25, 2015
Presidential Decree No. 26659, Nov. 20, 2015
Presidential Decree No. 27056, Mar. 25, 2016
Presidential Decree No. 27220, jun. 14, 2016
Presidential Decree No. 27620, Nov. 29, 2016
Presidential Decree No. 27619, Nov. 29, 2016
Presidential Decree No. 27617, Nov. 29, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28266, Sep. 5, 2017
Presidential Decree No. 28340, Sep. 22, 2017
Presidential Decree No. 28440, Nov. 21, 2017
Presidential Decree No. 28473, Dec. 19, 2017
Presidential Decree No. 28905, May 28, 2018
Presidential Decree No. 29373, Dec. 18, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 30256, Dec. 24, 2019
Presidential Decree No. 30323, Jan. 7, 2020
Presidential Decree No. 30760, jun. 9, 2020
Presidential Decree No. 30806, jun. 30, 2020
Presidential Decree No. 31058, Sep. 29, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for matters delegated by the Military Service Act and other matters necessary for the enforcement thereof. [This Article Wholly Amended on Dec. 7, 2009]
| Article 2 (Administration of Military Register) |
| (1) | The military register of persons liable for military service prescribed in Article 5 (3) of the Military Service Act (hereinafter referred to as the "Act") shall be administered as follows: <Amended on Nov. 23, 2011; Dec. 20, 2012; Nov. 19, 2014; Nov. 20, 2015; Nov. 29, 2016; Jul. 26, 2017; Sep. 22, 2017; Jun. 30, 2020> |
| 1. | Persons enlisted in the military through conscription, call-up, or volunteering, and persons called up for full-time reserve service: The chief of staff of each relevant service branch (for the Marine Corps, referring to its Commandant); |
| 2. | Persons who serve as obligatory fire-fighting unit personnel or auxiliary police officers by secondment: The Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard; |
| 3. | Persons in preliminary military service, wartime labor service, reserve service, supplementary service, and alternative service: The director of the regional military manpower office in the place of residence of a person liable for military service or the head of the military manpower branch office in the place of residence of a person liable for military service. |
| (2) | The military register of those whose resident registration has been cancelled due to emigration, failure to comply with the duty to report residence registration, etc. shall be administered based on their addresses at the time of cancellation as the place of residence; for those whose resident registration does not exist, their place of registration under the Act on the Registration, etc. of Family Relationships (hereinafter referred to as "place of registration") as the place of residence; for those falling under the main clause of Article 16 (3) of the Act, their addresses at the time of a draft physical examination as the place of residence. <Amended on Nov. 29, 2016> |
| (3) | Where the head of a military register administration agency under paragraph (1) has to transfer the military register of a person liable for military service because the military register administration agency has been changed due to such grounds as enlistment, transfer of military service, discharge from call-up, change of residence, etc., the head of the military register administration agency shall forward his military service record (including military register database; hereinafter the same shall apply) to the relevant military register administration agency without delay. In such cases, a written personnel order shall be forwarded together when such change has been made due to discharge from military service or discharge from call-up. |
| (4) | Matters necessary for the administration of military service records of persons in wartime labor service, in reserve service, and in supplementary service or alternative service who have completed mandatory military service, persons who have retired from military service, persons who have been released from military service obligation, and persons who are exempted from military service shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016; Jun. 30, 2020> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 20, 2012]
| Article 3 (Report on Military Service, Procedures for Making Applications, etc. for Military Service) |
| (1) | Reports on military service or applications for military service shall be made in writing (including electronic documents; hereinafter the same shall apply): Provided, That in cases determined by the Commissioner of the Military Manpower Administration, such shall be made by oral statement or through an information and communications network, such as telephone, telegraph, or facsimile transmission. |
| (2) | Where a person liable for military service is not able to make a report on military service or application for military service in person due to a disease or other unavoidable circumstances, the head of his family, any adult from his family members, or the recipient of the notice of obligation for military service prescribed in Article 4 may make a report or application in place of such person in question. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 3-2 (Notice of Obligation for Military Service) |
| (1) | With regard to a notice of obligation for military service under Article 6 (1) of the Act (hereinafter referred to as "notice of obligation for military service"), the imprint of an official seal may replace the official seal. <Amended on May 28, 2018; Jul. 2, 2019> |
| (2) | In servicing a notice of obligation for military service through an information and communications network (hereinafter referred to as "service by electronic means") pursuant to Article 6 (1) of the Act, the director of the relevant regional military manpower office shall use any of the following means: <Newly Inserted on May 28, 2018> |
| 1. | Servicing it to the email address designated by the person liable for military service; |
| 2. | Servicing it through an application used in a mobile communication terminal. |
[This Article Wholly Amended on Jul. 21, 2010]
| Article 3-3 (Time Limit for Servicing Notice of Obligation for Military Service) |
[This Article Wholly Amended on May 28, 2018]
| Article 3-4 (Service by Electronic Means) |
"Manner prescribed by Presidential Decree, such as entering it in the email address designated by the person liable for military service" in the proviso to Article 6 (4) of the Act means entering a notice of obligation for military service in the email address designated by the person liable for military service in cases of service by electronic means under Article 3-2 (2) 1, or storing it in an information system through which the person liable for military service can immediately check a notice of obligation for military service through an application used in his mobile communication terminal in cases of service by electronic means under subparagraph 2 of the same paragraph. [This Article Newly Inserted on May 28, 2018]
| Article 4 (Selection of Recipient of Notice of Obligation for Military Service) |
| (1) | A person who has selected or changed the recipient of a notice of obligation for military service as prescribed in Article 6 (5) of the Act shall submit a report on selection of the recipient of notice or report on change in the recipient of notice (including an electronic report) to the director of a regional military manpower office or head of a military manpower branch office. <Amended on Jul. 21, 2010; May 28, 2018> |
| (2) | The recipient of a notice of obligation for military service prescribed in paragraph (1) shall be an adult of a different household who can deliver the notice from the director of a regional military manpower office or head of a military manpower branch office to the person in question. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 4-2 (Consent to Service by Electronic Means) |
| (1) | In servicing a notice of obligation for military service by electronic means, the director of a regional military manpower office (including the head of each military manpower branch office) shall pre-notify the person liable for military service of the type of the notice of obligation for military service and obtain his consent to the receipt thereof through an email or application used in a mobile telecommunication terminal. In such cases, the type of the notice of obligation for military service to be served by electronic means shall be determined by the Commissioner of the Military Manpower Administration. |
| 1. | Where an error has occurred in servicing by electronic means due to miswriting of an email address or change of the mobile telephone number; |
| 2. | Where the right of a person liable for military service to use an information and communications network is suspended; |
| 3. | Other cases determined by the Commissioner of the Military Manpower Administration where service by electronic means is impossible. |
[This Article Newly Inserted on May 28, 2018]
| Article 5 (Certificate of Military Service or Certificate of Discharge from Military Service) |
| (1) | The director of each regional military manpower office shall deliver a certificate of military service to persons who have undergone a draft physical examination and been issued a disposition of military service (including persons who have been issued a disposition of military service, without undergoing a draft physical examination as prescribed in Article 64 (1) of the Act). <Amended on Nov. 29, 2016> |
| (2) | The commanding officer of each military unit shall deliver a certificate of discharge from military service to persons discharged from military service. |
| (3) | Where a certificate of military service or certificate of discharge from military service has been lost or made unusable, the director of the regional military manpower office may reissue it at the request of the person in question. |
| (4) | Matters necessary for the forms of a certificate of military service or certificate of discharge from military service prescribed in paragraphs (1) and (2) and detailed procedures for issuing them shall be prescribed by Ordinance of the Ministry of National Defense. <Newly Inserted on Jun. 14, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
CHAPTER II ENLISTMENT FOR PRELIMINARY MILITARY SERVICE
| Article 6 Deleted. <Mar. 3, 1999> |
| Article 7 (Survey of Those to be Enlisted for Preliminary Military Service) |
| (1) | The Minister of the Interior and Safety shall provide computerized data on resident registration of persons who will turn 18 years of age next year to the Commissioner of the Military Manpower Administration by June 30 of each year under Article 9 of the Act, and the Commissioner of the Military Manpower Administration shall, in turn, send such data on resident registration to each regional military manpower office (including each military manpower branch office; hereafter the same shall apply in this Article). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Commissioner of the Military Manpower Administration shall receive computerized data on family relationship registration of persons who will turn 18 years of age next year from the Minister of National Court Administration by June 30 of each year in accordance with the provisions of Article 9 (2) of the Act and compare them with the computerized data on their resident registration referred to in paragraph (1), and refer the computerized data on family relationship registration of anyone whose resident registration is not noted on the resident registration card to the regional military manpower office having jurisdiction over his place of registration. |
| (3) | 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, upon receiving computerized data on resident registration and computerized data on family relationship registration referred to in paragraphs (1) and (2), manage persons who will turn 18 years of age next year as those to be enlisted for preliminary military service. <Amended on Nov. 29, 2016> |
| (4) | With regard to persons whose resident registration is not noted on the resident registration cards on the ground that they were born abroad, etc., the director of each regional military manpower office shall manage them as those to be enlisted for preliminary military service after confirming the factual background, etc. through seeking cooperation from relevant agencies and examining applications for permitting overseas travels under Article 145. <Amended on Nov. 29, 2016> |
| (5) | The Commissioner of the Military Manpower Administration shall, after consultations with the Minister of the Interior and Safety and the Minister of National Court Administration, determine the scope of computerized data on resident registration and computerized data on family relationship registration and the methods of furnishing such data, etc., necessary for imposing obligation to serve in the military. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
CHAPTER III DRAFT PHYSICAL EXAMINATION
| Article 8 (Survey of Persons Subject to Draft Physical Examination) |
| (1) | The director of each regional military manpower office shall survey matters necessary for the draft physical examination in the following year of persons enlisted for preliminary military service by September 15 of each year, and input the results thereof into the database on persons enlisted for preliminary military service, and then prepare and manage a list of persons subject to the draft physical examination. <Amended on Nov. 29, 2016> |
| (2) | When the director of a regional military manpower office completes a survey of persons subject to the draft physical examination under paragraph (1), he/she shall file a list of persons subject to the draft physical examination with the Commissioner of the Military Manpower Administration by not later than September 30. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 9 (Service of Notices of Draft Physical Examination) |
| (1) | The director of each regional military manpower office shall serve notices of draft physical examination of persons subject to draft physical examination (including physical examinations conducted at central physical examination agencies or military hospitals under Article 11 (1); hereinafter the same shall apply) on the persons in question by no later than 30 days before the date of the draft physical examination. <Amended on Nov. 29, 2016; May 28, 2018> |
| (2) | Notwithstanding paragraph (1), notice shall be served by no later than seven days before the date of the draft physical examination: <Amended on Nov. 29, 2016; May 28, 2018> |
| 1. | A person who is obliged to undergo a draft physical examination after the reasons for the postponement of his draft physical examination or for the postponement of the date he is set to undergo a draft physical examination cease to exist; |
| 2. | A person whose date of enlistment has been postponed due to a disease or physical or mental disorder, or a person who has been invalided as a result of a draft physical examination but is still under obligation to undergo a follow-up draft physical examination; |
| 3. | A person who has filed an application for a priority draft physical examination; |
| 4. | An evader of a draft physical examination who is obliged to undergo the draft physical examination; |
| 5. | A person who is obliged to undergo a draft physical examination after his age information has been corrected or his new resident registration has been made; |
| 6. | A person who has chosen the date of his draft physical examination. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 10 (Notification of Required Number of Military Personnel) |
| (1) | The chief of staff of each service branch shall notify the Commissioner of the Military Manpower Administration of the number of required persons for each aptitude to be drafted into active duty service two years later by October 31 of each year. |
| (2) | Upon receiving the notice under paragraph (1), the Commissioner of the Military Manpower Administration shall determine the standards for enlistment for active duty service and supplementary service in draft physical examination to be conducted in the following year and distribute the active duty service personnel to each City/ Do, according to their aptitude. <Amended on Nov. 29, 2016> |
| (3) | When the Commissioner of the Military Manpower Administration determines the standards for enlistment in active duty service and supplementary service as prescribed in paragraph (2), he/she shall notify the chief of staff of each service branch of the standards by December 31 of each year. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 11 (Establishment of Draft Physical Examination Centers) |
| (1) | For the purpose of conducting draft physical examinations under Article 11 of the Act, the Commissioner of the Military Manpower Administration shall establish and operate an agency in charge of the physical examination (hereinafter referred to as the "Central Physical Examination Agency") in the Military Manpower Administration, and the director of each regional military manpower office shall establish and operate a draft physical examination center in the military manpower office each year: Provided, That the director of a regional military manpower office may, if necessary, establish a draft physical examination center in a military hospital in consultation with the head of the military hospital. <Amended on Nov. 29, 2016> |
| (2) | When the director of a regional military manpower office seeks to establish and operate a draft physical examination center in accordance with paragraph (1), he/she shall make a public announcement of persons subject to the draft physical examination, the period of establishment and location of such center and other necessary matters: Provided, That the Commissioner of the Military Manpower Administration may make the public announcement of the abovementioned matters, if necessary. <Amended on Nov. 29, 2016> |
| (3) | The head of the agency where a draft physical examination center is established under the proviso to paragraph (1) shall provide furnishings necessary for the operation of the draft physical examination center and provide necessary cooperation for the execution of miscellaneous tasks relating to the draft physical examination. <Amended on Nov. 29, 2016> |
| (4) | The Commissioner of the Military Manpower Administration shall determine necessary matters for the establishment and operation of the Central Physical Examination Agency and draft physical examination centers, and for the execution of tasks relating to draft physical examinations. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 12 (Personnel Engaged in Draft Physical Examination) |
| (1) | The composition, appointers, and duties of personnel engaged in the draft physical examination at draft physical examination centers are as shown in attached Table1. <Amended on Nov. 29, 2016> |
| (2) | Where it is not possible to conduct a draft physical examination only with senior doctors exclusively in charge of the draft physical examination and doctors exclusively in charge of the draft physical examination (hereinafter referred to as “doctors exclusively in charge of the draft physical examination”), senior doctors specializing in the draft physical examination and doctors specializing in the draft physical examination (hereinafter referred to as “doctors specializing in the draft physical examination”), or military surgeons, the Commissioner of the Military Manpower Administration or the directors of regional military manpower offices may commission persons licensed to practice medicine to carry out the draft physical examination. In such cases, the directors of regional military manpower offices shall obtain approval from the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016> |
| (3) | The composition of doctors exclusively in charge of the draft physical examination and doctors specializing in the draft physical examination who serve in the Central Physical Examination Agency, the person holding the power to appoint and dismiss them, and their duties shall be as shown in attached Table 1-2. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
[Article 12-2 moved to Article 13-2 <Dec. 7, 2009>]
| Article 13 (Conducting Draft Physical Examinations) |
| (1) | A person who has received a notice to undergo a draft physical examination shall undergo the draft physical examination at the designated time and location. <Amended on Nov. 29, 2016> |
| (2) | Among persons who shall undergo a draft physical examination, with regard to those who do not undergo the draft physical examination at the relevant draft physical examination center, who shall undergo a further draft physical examination, or who are deemed to have difficulty in undergoing the draft physical examination at the relevant draft physical examination center in view of traffic situations, etc., the director of a regional military manpower office may allow the above persons to undergo the draft physical examination at a different draft physical examination center or at a military hospital. <Amended on Nov. 29, 2016> |
| (3) | Among persons under obligation to undergo a draft physical examination in the year when they turn 19 or 20 years old, with regard to those who are crew members of ships sailing out of the country, who are overseas employees, who have applied for transfer to industrial technical personnel service, or who have filed an application for a priority draft physical examination and are prescribed otherwise by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office may allow the above persons to undergo the draft physical examination in advance. <Amended on Nov. 29, 2016> |
| (4) | The Central Physical Examination Agency shall determine the physical grade of any of the following persons: <Amended on Nov. 29, 2016> |
| 1. | Persons who fall under Article 12 (1) 2 or 3 of the Act as a result of a physical examination conducted by the director of a regional military manpower office, and who need a close physical examination or further examination; |
| 2. | Persons who fall under any subparagraph of Article 26 (1) and who need a further examination; |
| 5. | Persons who are dissatisfied with the result of a physical examination conducted by the director of a regional military manpower office, and who need a further physical examination. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 13-2 (Dispatch of Military Surgeons) |
| (1) | The Commissioner of the Military Manpower Administration may request the Minister of the National Defense to dispatch military surgeons in various medical fields necessary for physical examination as prescribed in Article 12-2 of the Act. |
| (2) | The Minister of National Defense, in receipt of a request under paragraph (1), shall dispatch military surgeons. |
[This Article Wholly Amended on Dec. 7, 2009]
[Moved from Article 12-2 <Dec. 7, 2009>]
| Article 14 (Psychological Test, Classification of Aptitude, etc.) |
| (1) | Matters necessary for the methods, procedures, etc. of the psychological test provided for in Article 11 (3) of the Act shall be determined by the Commissioner of the Military Manpower Administration. <Amended on May 28, 2018> |
| (2) | The aptitude provided for in Article 13 (1) of the Act shall be classified and determined according to the standards set by the Commissioner of the Military Manpower Administration as follows: architecture and civil engineering, electricity, electronics, data processing, heavy equipment operation, transport equipment maintenance, vehicle operation, chemistry, machinery, aviation, medicine, cooking, and common aptitude. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 14-2 (Examinations Entrusted to Medical Institutions) |
| (1) | The provisions of Article 168 (2) and (3) shall apply mutatis mutandis to the designation, etc. of medical institutions to whom examinations shall be entrusted pursuant to the latter part of Article 11 (4) of the Act or the proviso of paragraph (5) of the same Article. <Amended on Nov. 29, 2016; May 28, 2018> |
| (2) | The head of a medical institution entrusted with an examination in accordance with paragraph (1) shall check the identity of the examinee when conducting such examination. <Newly Inserted on Nov. 29, 2016> |
| (3) | The head of a medical institution entrusted with an examination in accordance with paragraph (1) shall send the results of the examination in the form prescribed by Ordinance of the Ministry of National Defense to the head of the agency that has entrusted such examination, immediately after the examination is completed. <Newly Inserted on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 15 (Designation of Arms of Service) |
| (2) | Arms of service prescribed in paragraph (1) may be subdivided into military occupational specialties, which shall be assigned by the chief of staff of each service branch: Provided, That where the chief of staff of each service branch deems it especially necessary, such as those who volunteer for active duty service, etc. selected by the Commissioner of the Military Manpower Administration, the chief of staff of each service branch may request the Commissioner of the Military Manpower Administration to designate arms of service and military occupational specialties. <Amended on Nov. 23, 2011> |
| (3) | Standards for designating arms of service and military occupational specialties prescribed in paragraphs (1) and (2) shall be determined by the chief of staff of each service branch after consultation with the Commissioner of the Military Manpower Administration, in consideration of physical grades, aptitudes, etc. <Amended on Nov. 23, 2011; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 23, 2011]
| Article 16 (Change of Category of Aptitude) |
The director of a regional military manpower office or the head of a military manpower branch office may change the category of aptitude of a person who has been assigned an aptitude and falls under any of the following subparagraphs:
| 1. | Where he has obtained a license or qualification, or his license or qualification has been cancelled; |
| 2. | Where the number of persons to enlist for each category of aptitude needs adjustment; |
| 3. | Where the re-classification of aptitude is necessary due to completion of a course of study, etc. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 17 (Disposition for Military Service, etc.) |
| (1) | The disposition for military service provided for in Article 14 (1) of the Act shall be issued on the day on which a draft physical examination or physical examination for active duty service of the relevant person is conducted: Provided, That in cases of a person who has undergone a physical examination at the Central Physical Examination Agency or a military hospital, the disposition for military service shall be issued at the time the result of such physical examination is notified. <Amended on Nov. 29, 2016> |
| (2) | Persons whose physical grade has been determined at Grade VII under Article 14 (2) of the Act shall undergo a follow-up physical examination within one month after the relevant treatment period expires. In such cases, for persons who have not recovered from illness until the follow-up physical examination, a period for recovery from illness shall be re-designated and a follow-up physical examination shall be carried out again within one month after that period expires. <Amended on Nov. 29, 2016> |
| (3) | Persons whose recovery period from the same illness is deemed to exceed 24 months, in total, from the date of the first examination as a result of a follow-up physical examination under paragraph (2), and persons whose physical grade remains at Grade VII with the same illness after having undergone two follow-up physical examinations, shall undergo a follow-up physical examination in the month that is 24 months after the date of the first examination, and persons determined at physical Grade VII in the follow-up physical examination shall be enlisted for wartime labor service: Provided, That in cases of a person whose recovery period is deemed to exceed 24 months, in total, from the date of the first examination according to the results of the follow-up physical examination conducted 21 months after the date of the first examination, he shall be enlisted in the wartime labor service at that time. <Amended on Nov. 23, 2011; Nov. 29, 2016> |
| (4) | Notwithstanding paragraph (2), persons who wish to serve in active duty service or supplementary service after recovering from illness or mental or physical disorder may undergo a follow-up physical examination at their request even before they have recovered. In such cases, those who fall under physical grade VII as a result of the follow-up physical examination shall be exempted from military service. <Amended on Nov. 29, 2016> |
| (5) | The director of a regional military manpower office may cancel the disposition for military service of a person who has already undergone a draft physical examination, but fails to meet the age requirement for the draft physical examination as a result of the correction of the person's age information and, when he deems it necessary, may change the disposition for military service of a person whose academic standing has been changed in the same year he underwent the draft physical examination, and if he falls under any ground for postponing conscription or call-up under Article 60 (2) of the Act, the disposition for military service for him may be changed according to his academic standing of the year in which such ground has accrued: Provided, That this shall not apply with regard to persons who are in service through conscription, call-up or volunteering, or have completed such service. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 18 (Conclusion of Tasks regarding Draft Physical Examinations) |
| (1) | The work of preparing the register of persons to be enlisted in active duty service and the register of persons to be transferred to supplementary service, and other work necessary to complete the draft physical examination shall be concluded within two months from the expiration of the draft physical examination. <Amended on Nov. 29, 2016> |
| (2) | Necessary matters for the method of, procedures for, etc. concluding tasks regarding the draft physical examination under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 18-2 (Persons Exempt from Follow-up Draft Physical Examinations) |
| (1) | Persons exempted from a follow-up draft physical examination pursuant to Article 14-2 (2) of the Act are as follows: <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| 2. | Persons to be enlisted in active duty service for whom the date of enlistment is fixed or persons to be called to serve as social service personnel for whom the date of call-up is fixed, since the grounds for postponement of their conscription, call-up, etc. under Article 60 (3) of the Act cease to exist in the year during which they shall undergo a follow-up draft physical examination in accordance with Article 14-2 (1) of the Act: Provided, That excluded herefrom are persons not conscripted or called up on the date of enlistment; |
| 3. | Persons whose order of call-up is adjusted by the Commissioner of the Military Manpower Administration to a lower priority pursuant to Article 28 of the Act; |
| 1. | In cases of a person whose conscription or call-up has been postponed pursuant to Article 60 (2) of the Act on the ground that he stays or resides abroad or whose date of enlistment in the armed forces, etc. has been postponed pursuant to Article 61 (1) of the Act, it shall be conducted immediately when such ground ceases to exist; |
| 2. | In cases of a person to whom the proviso to paragraph (1) 2 applies, it shall be conducted immediately; |
| 3. | In cases of persons subject to the follow-up draft physical examination otherwise, it shall be conducted at the time determined by the director of a regional military manpower office in view of the annual timetable for draft physical examination, etc. |
| (3) | For a person whose disposition for military service has been changed to supplementary service pursuant to Article 17 (3) of the Act or a person whose disposition for military service has been changed after a physical examination is conducted pursuant to Article 65 (1) 1 of the Act or Article 135-2 (2) of this Decree, a follow-up draft physical examination shall be conducted when the period under Article 14-2 (1) of the Act has elapsed, beginning in the year after such changed disposition for military service is finalized. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
CHAPTER IV SERVICE OF ACTIVE DUTY SERVICEMEN, ETC.
SECTION 1 Enlistment for Active Duty Service
| Article 19 (Planning for Enlistment for Active Duty Service) |
| (1) | The chief of staff of each service branch shall forward a new recruit plan for active duty service for the following year which records the number of personnel for each military unit for enlistment, date of enlistment, aptitude, etc. of persons to be enlisted for active duty service to the Commissioner of the Military Manpower Administration, by September 30 of each year. When seeking to change contents already forwarded, the chief of staff of each service branch shall notify the Commissioner of the Military Manpower Administration thereof within 60 days prior to the date of enlistment. <Amended on Nov. 29, 2016> |
| (2) | The chief of staff of each service branch shall prepare a new recruit plan for active duty service in wartime each year in conformity with paragraph (1) and forward it to the Commissioner of the Military Manpower Administration. |
| (3) | Upon receiving the notice provided for in paragraph (1) or (2), the Commissioner of the Military Manpower Administration shall draft a plan for enlistment for active duty service which records persons to be enlisted by enlistment date and aptitude for each military unit in consideration of the number of persons subject to enlistment in active duty service, and shall forward it to the chief of staff of each service branch and the director of each regional military manpower office, respectively. |
| (4) | Upon receiving the plan for enlistment for active duty service provided for in paragraph (3), the director of each regional military manpower office shall draft an execution plan for enlistment for active duty service which designates the date of enlistment and the assembly place by Si (referring to Si wherein no Gu is established; hereinafter the same shall apply)/Gun/Gu, report it to the Commissioner of the Military Manpower Administration, and forward it to the commanding officer of the relevant military unit. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 20 (Persons Subject to Separate Enlistment in Active Duty Service) |
Persons who need not comply with an order of conscription for active duty servicemen under Article 16 (2) of the Act and may be separately enlisted are as follows: <Amended on Jul. 21, 2010; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Jun. 30, 2020> | 1. | Persons who hope to enlist in the military in the year they undergo a draft physical examination; |
| 2. | Persons who have been invalided, but are to be reenlisted; |
| 3. | Student officer cadets or medical, judicial, religious, and veterinary cadet officers who have been expunged from the relevant military register; |
| 4. | Persons whose grounds for postponement of the draft physical examination or enlistment (including those for whom the date for fulfillment of the duty has been postponed) cease to exist; |
| 5. | Persons who have returned to Korea from abroad and are to enlist in the military; |
| 6. | Persons who have evaded enlistment in active duty service, against whom criminal punishment or the statute of limitations for prosecution has expired; |
| 7. | Persons who are to be transferred to onboard ship reserve service, art and sports 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; |
| 9. | Others deemed necessary by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 21 (Service, etc. of Notice of Enlistment in Active Duty Service) |
| (1) | The director of each regional military manpower office shall serve a notice of enlistment in active duty service upon a person subject to enlistment in active duty service within 30 days prior to the enlistment date. <Amended on Nov. 29, 2016> |
| (2) | In cases of persons subject to separate enlistment in active duty service under Article 20, a notice of enlistment in active duty service shall be served by no later than seven days before the date of enlistment, notwithstanding paragraph (1). <Amended on May 28, 2018> |
| (3) | In cases of persons who have the possibility of being exempted from the liability for enlistment pursuant to Article 71 (1) of the Act, a notice of enlistment in active duty service may be served at least one day before the date of enlistment, notwithstanding paragraphs (1) and (2). <Amended on May 28, 2018> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 22 (Establishment and Operation of Active Duty Service Enlistment Offices) |
| (1) | The Commissioner of the Military Manpower Administration or the commanding officer of the military unit shall establish an enlistment office in the military unit in order to manage the affairs related to the custody and admission of persons subject to enlistment in active duty service: Provided, That where the assembly place of persons subject to enlistment in active duty service is not the military unit area, the director of the regional military manpower office concerned shall establish an enlistment office. |
| (2) | The director of each regional military manpower office shall dispatch to the enlistment office a custody officer to escort persons subject to enlistment in active duty service and personnel to assist the tasks of the custody officer, and the commanding officer of the military unit shall dispatch an admissions officer to admit persons subject to enlistment in active duty service to the enlistment office, respectively: Provided, That where the Commissioner of the Military Manpower Administration establishes the enlistment office, the director of each regional military manpower office shall not dispatch any custody officer, but shall dispatch personnel who will assist the custody officer only, and the business affairs of the custody officer shall be conducted by the head of the enlistment office. |
| (3) | The custody officer shall escort persons subject to enlistment in active duty service, along with a list of persons subject to enlistment in active duty service and their military service records, to the admissions officer, and make two copies of the custody and admission report, one of which shall be forwarded to the admissions officer. The same shall also apply to persons who arrive at the military unit within three days from the date of enlistment after completion of the custody and admission tasks. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 23 (Physical Examination, etc. at Assembly Place) |
| (1) | Upon receiving a plan for enlistment for active duty service under Article 19 (3), the chief of staff of each service branch shall draft a plan for transporting persons who are to enlist not through the military unit but through the assembly place and shall forward it to the Commissioner of the Military Manpower Administration. |
| (2) | In consideration of persons who may have difficulties enlisting not in the military unit for enlistment but in the assembly place due to an illness, or physical or mental disorder, the director of a regional military manpower office may request the commanding officer of a military unit (including the head of a military hospital) to dispatch a military surgeon, and the commanding officer of the military unit shall accordingly comply with the request. |
| (3) | The military surgeon who has been dispatched to the enlistment office in the assembly place shall carry out a physical examination with respect to persons who are deemed to have difficulty in enlisting due to a disease, or physical or mental disorder according to an order of the director of a regional military manpower office and shall make two copies of the diagnosis which records the recovery period for persons able to recover, and two copies of the diagnosis which records the name of the relevant disease and the register of persons invalided for persons unable to recover, respectively, a copy of which shall be forwarded to the custody officer. |
| (4) | The custody officer who has received the diagnosis and the register of persons invalided provided for in paragraph (3) shall issue a certificate of invalidment to the relevant person and invalid him. |
| (5) | Among persons invalided under paragraph (4), those whose recovery period has been specified shall be handled by applying mutatis mutandis Article 26 (1) 1, and those who have been diagnosed only with the name of disease shall undergo a physical examination and be dealt with in accordance with the results of that examination. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 24 (Report, etc. of Postponed Enlistment) |
| (1) | Persons subject to enlistment in active duty service who are unable to enlist on the date of enlistment due to a natural disaster, traffic paralysis, delay in the service of notice, or other extenuating circumstances, may enlist within three days from the date of enlistment. <Amended on Nov. 29, 2016> |
| (2) | Each person who wishes to postpone his enlistment under paragraph (1) shall file a report on postponement of enlistment with the director of a regional military manpower office and enlist on the date so reported and if extenuating circumstances exist, file such report through telegraph, telephone, etc. |
| (3) | The director of each regional military manpower office shall forward a list and military service records of persons who are to postpone enlistment under paragraph (1), to the commanding officers of the military units which the persons will enter. |
| (4) | Upon receiving the list and military service records of persons who are to postpone enlistment under paragraph (3), the commanding officers of the military units shall confirm whether the above persons indeed have enlisted on the date of enlistment and shall forward the military service records of persons who did not enlist to the directors of the regional military manpower offices. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 25 (Physical Examination for Enlistment in Active Duty Service, etc.) |
| (1) | A physical examination for enlistment in active duty service under Article 17 of the Act shall be conducted at a medical facility of the military unit for enlistment: Provided, That each person who should be invalided as a result of a physical examination conducted at a medical facility of the military unit that he entered shall undergo a close physical examination at a military hospital. |
| (2) | With regard to persons who should be sent home as an invalid as a result of a close physical examination, the commanding officers of the relevant military units shall withdraw their military service certificates, issue certificates of invalidment, and invalid them without delay and, within two days from the day they are invalided, forward their military service records which explicitly state the severity of the relevant disease or mental or physical disorder as well as the recovery period (limited to cases where the recovery period can be known), results of the close physical examination, certificates of military service, and the list of persons invalided, to the directors of regional military manpower offices. |
| (3) | Where the commanding officer of a military unit has enrolled enlisted persons on the register of the relevant armed service, he shall record the address (stating to the extent of Si/Gun/Gu/Eup/Myeon/Dong), name, residence registration number, serial number of the notice of enlistment, and the date of enlistment in the list of persons enrolled in active duty service (it can be substituted with a written personnel order; hereinafter the same shall apply) and promptly forward it to the directors of the regional military manpower offices. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 26 (Invaliding Persons Subject to Enlistment for Active Duty Service after Being Conscripted) |
| (1) | With respect to a person who is invalided in accordance with Article 17 (2) of the Act, the director of the regional military manpower office shall have him undergo a follow-up physical examination under paragraph (3) of the same Article at a draft physical examination center or the Central Physical Examination Agency according to the following classification, and then take a military service disposition according to his physical grade or have him re-enter the armed services. In such cases, with respect to a person whose physical grade is determined at Grade VII as a result of a follow-up physical examination conducted in accordance with subparagraphs 1 (b) and 2, the director of the regional military manpower office shall process him by applying mutatis mutandis the provisions of Article 17 (2) and (3): <Amended on Nov. 29, 2016; Jan. 7, 2020> |
| 1. | Where the recovery period is explicitly stated: The recovery period shall be aggregated from the date on which the physical examination for enlistment is conducted: |
| (a) | Where the recovery period is less than three months: He must immediately enlist in the military after the recovery period expires; |
| (b) | Where the recovery period is at least three months: He must undergo a follow-up physical examination after the recovery period expires, and a military service disposition shall be taken according to the results of such follow-up physical examination. In such cases, a person who hopes to enlist in the military after recovering from a disease or physical or mental disorder may undergo a follow-up physical examination even before the recovery period expires, and where his physical grade corresponds to Grade VII, no military service disposition shall be taken; |
| 2. | Where the recovery period is not stated: He must undergo a follow-up physical examination immediately after receiving his military service record, etc. under Article 25 (2) and a military service disposition shall be taken according to the results of such follow-up physical examination. |
| (2) | Where the recovery period is explicitly stated for any person who has re-entered the armed services in accordance with paragraph (1) 1 (a) but has been invalided, he shall be processed according to paragraph (1) 1 (b); where the recovery period is not stated, he shall be processed according to subparagraph 2 of the same paragraph. In such cases, if any person is invalided on the ground of the same disease, or mental or physical disorder and the recovery period is explicitly stated, such recovery period shall be aggregated from the date on which he has undergone the physical examination for enlistment in the military before he re-enters the armed services. |
| (3) | In the event that any person enlisted in the military after undergoing a follow-up physical examination in the month falling in the 24th month from the date on which he underwent the first physical examination in accordance with the main clause of Article 17 (3) (including cases where it applies mutatis mutandis under Article 135 (3) 2) is invalided on the ground of the same disease or the same mental or physical disorder, the director of the regional military manpower office shall promptly have him undergo a follow-up physical examination at a draft physical examination center or at the Central Physical Examination Center, and take a military service disposition for him according to his physical grade, and any person whose physical grade is determined at Grade VII shall be registered for wartime labor service. <Amended on Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016> |
| (4) | Matters necessary to deal with invalids, such as follow-up physical examinations, military service dispositions, notices on the second enlistment in any military unit, etc. under paragraphs (1) through (3) shall be determined and publicized (including where they are made known to the public by means of the Internet; hereinafter the same shall apply) by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 27 (Period, etc. of Active Duty Service) |
| (1) | The period of active duty service shall be computed from the day of the enlistment, and a person in active duty service shall become a private on the day of enlistment: Provided, That a person who is sent home as an invalid shall return to his status prior to the enlistment. |
| (2) | If a person sent home as an invalid in accordance with the proviso to paragraph (1) is re-enlisted for active duty service, the period of service in the unit in which he was enlisted before being sent home shall be counted in the period of active duty service. <Newly Inserted on Nov. 29, 2016> |
| (3) | The number of days which are not included in the period of active duty service under Article 18 (3) of the Act shall be as follows: <Amended on Nov. 29, 2016; Jun. 30, 2020> |
| 1. | The number of days of sentence execution: The number of days of sentence execution on account of a final judgement of a sentence (the number of days of unconvicted detention calculated in the sentence shall be included, while the number of days during parole and cessation of sentence execution shall be excluded); |
| 2. | The number of days of military discipline education: The number of days when a person undergoes training and education after being subject to military discipline education by disciplinary action; |
| 3. | The number of days of desertion from service: The number of days from the day of desertion from service to the date before the self-surrender or arrest. |
| (4) | When persons in active duty service complete the period of such active duty service, the chief of staff of each service branch shall transfer them to reserve service. In such cases, the chief of staff of each service branch may entrust that authority to the commanding officers of military units under his command. <Amended on Nov. 29, 2016> |
| (5) | When the head of a military hospital in which a person in active duty service is hospitalized, where a need arises to postpone the discharge of the relevant person in active duty service pursuant to Article 18 (4) 2 of the Act, sends a list of persons in active duty service subject to the postponement of discharge to the chief of staff of each service branch before the respective expiry of the mandatory military service of such persons in such active duty service, the relevant chief of staff who has been notified thereof shall determine the postponement of such discharge, as prescribed by Ordinance of the Ministry of National Defense. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 28 (Drafting, Delivery, etc. of Plan for Recruiting Active Duty Servicemen) |
| (1) | The chief of staff of each service branch shall draw up a plan for recruiting active duty servicemen that contains the number of personnel by field and date, etc. for persons who volunteer for active duty service in order to recruit active duty servicemen (hereinafter referred to as "active duty candidates") in accordance with Article 20 of the Act by September 30 of each year and then deliver such plan to the Commissioner of the Military Manpower Administration. In such cases, the chief of staff of each service branch shall, if he/she intends to modify details of the plan delivered, notify the Commissioner of the Military Manpower Administration thereof within 60 days prior to the date of the recruitment. |
| (2) | Upon taking the delivery of the plan for recruiting active duty servicemen under paragraph (1), the Commissioner of the Military Manpower Administration shall draw up a program for recruiting active duty servicemen that contains qualifications for volunteering for active duty service in each field of recruitment, etc. and a recruitment schedule in order to screen and select active duty candidates and shall deliver such program to the directors of regional military manpower offices. |
| (3) | Upon taking the delivery of the program for recruiting active duty servicemen under paragraph (2), the director of each regional military manpower office shall develop and implement a detailed program for recruiting active duty servicemen in order to publicize their recruitments and conduct physical examinations, interviews, written examinations, and talent examinations, etc. |
| (4) | The Commissioner of the Military Manpower Administration or the director of each regional military manpower office may appoint or commission a screening member from among persons who have specialized knowledge in the relevant field in order to screen active duty candidates, and provide allowances within the budget to the screening member. <Newly Inserted on Nov. 23, 2011> |
| (5) | Necessary matters concerning the standards, procedures, etc. for selecting active duty candidates shall be determined and publicized by the Commissioner of the Military Manpower Administration where such selection is made by the Commissioner of the Military Manpower Administration, and shall be determined and publicized by the chief of staff of each service branch where such selection is made by the chief of staff of each service branch. <Amended on Nov. 23, 2011> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 29 (Volunteering for Active Duty Service and Selection Therefor) |
| (1) | Any person who intends to volunteer for active duty service shall file an application for active duty service (including an application in electronic form) with 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) or with the chief of staff of each service branch, and the director of the regional military manpower office or the chief of staff of the relevant service branch shall, upon receiving an application for active duty service, deliver an examination certificate and a physical examination notice to such active duty candidate. |
| (2) | The delivery of the physical examination notice referred to in paragraph (1) may be replaced by the delivery of the examination certificate stating the date and place of the physical examination, and in the event that applications for active duty service are received and examination certificates are delivered through the website of the Military Manpower Administration and each service branch, the posting of the date and place of the physical examination on the website of the Military Manpower Administration and each service branch may replace the delivery of physical examination notices. |
| (3) | With respect to persons who have filed applications for active duty service under paragraph (1), the director of a regional military manpower office or the chief of staff of the relevant service branch shall conduct a physical examination at a draft physical examination center, a military hospital or a military unit in which they are to be enlisted: Provided, That with respect to persons who have already undergone a draft physical examination, a physical examination may be omitted. <Amended on Nov. 29, 2016> |
| (4) | Where the Commissioner of the Military Manpower Administration selects successful active duty candidates, the director of each regional military manpower office shall serve a notice of enlistment in active duty service on such successful active duty candidates, and where the chief of staff of each service branch selects successful active duty candidates, he shall serve a notice of selection of active duty candidates on such successful active duty candidates. |
| (5) | The director of a regional military manpower office or the chief of staff of each service branch shall serve a notice of enlistment in active duty service (including a notice of selection of active duty candidates; hereafter in this paragraph, the same shall apply) on the relevant persons pursuant to paragraph (4) by no later than 30 days prior to the date of enlistment: Provided, That in cases of persons supplementarily selected due to shortage in the required number of military personnel, a notice of enlistment in active duty service shall be served by no later than 7 days prior to the date of enlistment. <Newly Inserted on May 28, 2018> |
| (6) | Necessary matters concerning procedures, etc. for the service of notice of enlistment in active duty service referred to in paragraph (4) shall be determined by the Commissioner of the Military Manpower Administration or the chief of staff of each service branch. <Amended on May 28, 2018> |
| (7) | In the event that any person who is selected as an active duty serviceman in accordance with the latter part of Article 20 (2) of the Act wants his selection to be canceled before enlisted in the military, the cancelation of his selection may be permitted only when he is acknowledged by the Commissioner of the Military Manpower Administration or the chief of staff of the relevant service branch as unable to get enlisted in the military on any extenuating circumstances, including a disease, mental or physical disorder, or disaster. <Amended on May 28, 2018> |
| (8) | Any person who is unable to be enlisted in the military on the designated date on the grounds referred to in paragraph (7) shall file an application for cancellation of selection as an active duty serviceman within five days before the date on which he is liable to be enlisted in the military and any person whose selection as an active duty serviceman has been canceled shall return to his status prior to his selection as an active duty serviceman. <Amended on May 28, 2018> |
| (9) | The chief of staff of each service branch shall, where he cancels the selection of persons for active duty service in accordance with the latter part of Article 20 (2) of the Act, without delay serve a list of persons whose selection for active duty service has been cancelled, on the directors of regional military manpower offices. <Amended on May 28, 2018> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 29-2 (Invaliding Active Duty Candidates after Enlistment) |
| (1) | Article 25 (1) and (2) shall apply mutatis mutandis to physical examinations for enlistment, etc. conducted for persons enlisted in the military after having been selected as active duty servicemen. In such cases, those sent home as an invalid shall return to the status held prior to the enlistment. |
| (2) | Articles 26 and 27 (1) and (2) shall apply mutatis mutandis to ways by which the director of a regional military manpower office handles a person invalided after he had undergone a draft physical examination, a follow-up draft physical examination, or a physical examination for active duty service, and was enlisted and thereafter underwent a close physical examination at a military hospital, among persons invalided as prescribed in paragraph (1), and to the period of military service when such person is re-enlisted in the military: Provided, That where he hopes to be re-enlisted after recovering from a disease, the recovery period for which under Article 26 (1) 1 (a) does not exceed three months, he may be enlisted only when the military specialty given to him at the time he was selected as an active duty serviceman is in demand. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (3) | Detailed matters necessary to conduct follow-up physical examinations, military service dispositions, and second enlistment notices and persons invalided under paragraphs (1) and (2) shall be determined and publicized by the Commissioner of the Military Manpower Administration. |
| (4) | Where the chief of staff of each service branch has enrolled soldiers who volunteered to enlist in the military, or officers, warrant officers, noncommissioned officers, or officer cadets appointed for active duty service as prescribed by the Military Personnel Management Act or the Military Service Act on the military register of the relevant service branch, he shall send a list of persons enrolled in active duty service (it can be substituted by a written personnel order) to the directors of regional military manpower offices, and the directors of regional military manpower offices in receipt of such list shall send the military service records of persons who have been enrolled in the military register of active duty service to the commanding officers of military units in which they are to enlist. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 30 (Treatment of Persons Expelled from Military Academy, etc.) |
| (1) | When a person receiving education at a military academy, the Korea Army Academy at Yeongcheon, or any other officer cadet school has been expelled therefrom, he shall return to his status held before he entered such educational institution. <Amended on Nov. 29, 2016> |
| (2) | Persons falling under Article 58 (1) or (2) of the Act, who have been expelled from educational institutions prescribed in paragraph (1) for reasons other than illness, while receiving education at such educational institutions, shall be expunged from the military register of persons subject to enrollment on the military register of military surgeons, judicial officers, military chaplains, or veterinary officers and shall be managed as persons to be enlisted for active duty service or persons subject to call-up to serve as social service personnel. <Amended on Dec. 4, 2013> |
| (3) | The heads of officer cadet schools prescribed in paragraph (1) shall promptly forward a list of expelled students (including the period of education up to expulsion from school prescribed in paragraph (7)) and their military service records to the military register administration agency. <Amended on Nov. 29, 2016; Sep. 22, 2017> |
| (4) | Notwithstanding the provisions of paragraph (1), the chief of staff of each service branch may appoint persons who have been expelled from the military academies or the Korea Army Academy at Yeongcheon after receiving education at such educational institutions for at least one year, upon request, as an active duty noncommissioned officer or have them serve as an active duty serviceman without undergoing a draft physical examination. <Amended on Nov. 29, 2016> |
| (5) | Where the chief of staff of each service branch enlists volunteers as prescribed in paragraph (4) as noncommissioned officers or active duty servicemen, he shall notify the directors of regional military manpower offices thereof. |
| (6) | Persons who are to be enrolled on the military register of active duty officers in the basic career branches as prescribed in Article 59 of the Act, and who have been expelled from educational institutions under paragraph (1), while receiving education at such educational institutions for reasons other than illness, shall be managed as persons to be enlisted for active duty service or persons subject to call-up to serve as social service personnel. <Amended on Dec. 4, 2013> |
| (7) | For any of the following persons expelled from educational institutions referred to in paragraph (1), the period of education at such educational institutions before expulsion shall be included in the period of their military service: Provided, That this shall not apply to any person the period of whose military service is reduced to six months under Article 63 (2) of the Act: <Amended on Nov. 23, 2011; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Sep. 22, 2017> |
| 1. | Any of the following persons reinstated to the status held before entering educational institutions as prescribed in paragraph (1): |
| (a) | Persons reinstated as active duty servicemen; |
| (b) | Persons who are to serve as active duty servicemen (including persons who are serving pursuant to Article 21 or 25 of the Act; hereafter the same shall apply in paragraph (9)) or as onboard ship reserve service, social service personnel, art and sports personnel, expert research personnel, or industrial technical personnel within two years after having been reinstated to personnel, other than active duty servicemen; |
| 2. | Persons who are to serve as active duty servicemen upon request as prescribed in paragraph (4). |
| (8) | The period of education under paragraph (7) shall be determined by the heads of educational institutions under paragraph (1) in accordance with the standards determined by the chief of staff of each service branch with approval by the Minister of National Defense. <Amended on Sep. 22, 2017> |
| (9) | The chief of staff of each service branch may exempt any of the following persons after being expelled from educational institutions under paragraph (1) from the basic military training courses, and the starting rank of active duty servicemen shall be prescribed by Ordinance of the Ministry of National Defense: Provided, That persons falling under paragraph (2) of this Decree shall not apply where the period of education at such educational institutions before expulsion does not exceed the period of call-up for military education under Article 108: <Amended on Nov. 23, 2011; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Sep. 22, 2017> |
| 1. | A person in whose case the period of education included in the period of military service in accordance with paragraph (7) is not shorter than the period of basic military training; |
| 2. | Any of the following persons within two years after having been reinstated to status other than active duty service: |
| (a) | Persons who are to serve as social service personnel where the period of service shall be reduced to six months under Article 63 (2) of the Act; |
| (b) | Persons who are to mandatorily serve as public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates, or public quarantine veterinarians. |
[This Article Wholly Amended on Dec. 7, 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 31 (Enlistment Plan for Those to be Called to Full-Time Reserve Service) |
| (1) | The chief of staff of each service branch shall submit a plan for recruiting full-time reserve personnel stating the number, etc. of persons to be called to full-time reserve service required in the following year by each enlisting military unit, enlistment date, regional military manpower office, and military manpower branch office, to the Commissioner of the Military Manpower Administration, the commanding officers of the enlisting military units, and the commanding officers of the call-up military units, respectively, within the limit of the fixed number determined by the Minister of National Defense by September 30 of each year and, when intending to revise the plan already submitted, he shall submit a revision plan by not later than 75 days prior to the date of enlistment. In such cases, when it is necessary to adjust the fixed number, the chief of staff of each service branch shall obtain approval from the Minister of National Defense. <Amended on Nov. 29, 2016> |
| (2) | Upon receiving a plan for recruiting full-time reserve personnel pursuant to paragraph (1), the Commissioner of the Military Manpower Administration shall draw up an enlistment plan for full-time reserve service which allots the number, etc. of persons to be called to full-time reserve service required by each enlisting military unit, enlistment date, regional military manpower office, and military manpower branch office, taking into consideration the number of persons to be called to full-time reserve service, and shall submit it (for a revision plan, by not later than 60 days prior to the date of enlistment) to the chief of staff of each service branch and to the directors of regional military manpower offices without delay. <Amended on Nov. 29, 2016> |
| (3) | Upon receiving a plan for recruiting full-time reserve personnel under paragraph (1), the commanding officer of each call-up military unit shall notify the director of each regional military manpower office of the required number of persons to be called to full-time reserve service by each enlisting military unit, enlistment date, and Si/Gu/Eup/Myeon by October 31 of each year (for a revision plan, by no later than 60 days prior to the date of enlistment): Provided, That the required number of persons shall be notified by Eup/ Myeon in cases of an Eup/Myeon area in a composite urban-rural city, and over the entire Dong area in cases of a Dong area. <Amended on Nov. 29, 2016> |
| (4) | Upon receiving an enlistment plan for full-time reserve service under paragraph (2) and a notice of required number of persons under paragraph (3), the director of each regional military manpower office shall draft an enforcement plan for enlistment for full-time reserve service, and report it to the Commissioner of the Military Manpower Administration, and forward it to the commanding officers of the call-up military units. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 32 (Notice of Selection, etc. of Persons to be Called to Full-Time Reserve Service) |
Where the director of a regional military manpower office selects persons to be called to full-time reserve service pursuant to Article 21 (2) of the Act, or cancels the selection of the said persons under paragraph (4) of the same Article, he shall promptly notify the principal of such fact. [This Article Wholly Amended on Dec. 7, 2009]
| Article 33 (Determination, etc. of Enlistment Order of Persons to be Called to Full-Time Reserve Service) |
| (1) | With regard to persons who have been selected to be called to full-time reserve service as provided for in Article 21 of the Act, the director of each regional military manpower office shall determine the enlistment order according to Si/Gu/Eup/Myeon: Provided, That the enlistment order shall be determined by Eup/Myeon in cases of an Eup/Myeon area in a composite urban-rural city, and over the entire Dong area in cases of a Dong area. |
| (2) | The standards for determining an enlistment order under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration the desired time for enlistment, date of birth, etc. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 34 (Enlistment, etc. of Persons to be Called to Full-Time Reserve Service) |
| (1) | The enlistment for active duty service of persons to be called to full-time reserve service shall be carried out by Si/Gu/Eup/Myeon: Provided, That it shall be carried out by Eup/Myeon in cases of an Eup/Myeon area in a composite urban-rural city, and over the entire Dong area in cases of a Dong area. |
| (2) | The military unit which a person to be called to full-time reserve service enters shall be determined by the chief of staff of each service branch. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 35 (Treatment, etc. of Enlistment Affairs for Full-Time Reserve Service) |
The service of notices of enlistment in active duty service on persons to be called to full-time reserve service, establishment and operation of enlistment offices, and reports of postponed enlistment shall be governed by Articles 21, 22, and 24. [This Article Wholly Amended on Dec. 7, 2009]
| Article 36 (Physical Examination for Enlistment of Persons to be Called to Full-Time Reserve Service and Handling of Invalids) |
The physical examination of persons to be called to full-time reserve service for enlistment in active duty service, the handling of invalids, and the period of service of re-enlisted persons shall be governed by Articles 23, 25, 26, and 27 (1) and (2). <Amended on Nov. 29, 2016> [This Article Wholly Amended on Dec. 7, 2009]
| Article 37 (Period of Active Duty Service, etc. of Persons to Be Called to Full-Time Reserve Service) |
| (1) | The period of active duty service for persons enlisted as candidates for full-time reserve service under Article 21 (1) of the Act shall be from the date of enlistment to the date of completing a basic military training. |
| (2) | The period of service of persons called to full-time reserve service under Article 23 (1) of the Act shall be two years, but when the Minister of National Defense deems it necessary on account of the reduction of the period of active duty service, etc., he may reduce the period by up to six months. <Amended on Dec. 18, 2018> |
| (3) | The period of service of persons called to full-time reserve service shall be computed from the day of the call-up and, with regard to the number of days not to be included in the period of service, Article 27 (3) shall apply mutatis mutandis. <Amended on Nov. 29, 2016> |
| (4) | The service period of persons who has been transferred to the reserve service under Article 65 (3) of the Act shall be calculated according to the following equation; however, numbers below decimal shall not be counted. <Newly Inserted on Nov. 23, 2011>(the mandatory service period of active duty servicemen - the number of days in service) ÷ the mandatory service period of active duty servicemen × the mandatory service period of full-time reserve personnel |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 38 (Dispatch of Full-Time Reserve Personnel) |
When the chief of staff of each service branch intends to dispatch persons who have been called to full-time reserve service to an agency, other than a military unit, pursuant to Article 23 (4) of the Act, he shall obtain approval from the Minister of National Defense. [This Article Wholly Amended on Dec. 7, 2009]
| Article 39 (Commanding and Supervision on Dispatched Full-Time Reserve Personnel) |
With respect to persons called to full-time reserve service and dispatched to an agency, other than a military unit, pursuant to Article 38 of the Act, the commanding officer of the military unit to which they are assigned or the head of the pertinent agency shall direct and supervise them. [This Article Wholly Amended on Dec. 7, 2009]
| Article 40 (Discharge of Full-Time Reserve Personnel from Call-up) |
| (1) | Where persons servicing as full-time reserve personnel after call-up fall under any of the following subparagraphs, the chief of staff of each service branch shall discharge them from such call-up. In such cases, the chief of staff of each service branch may entrust such authority to the commanding officers of affiliated military units: |
| 1. | Where the service period prescribed in Article 37 (2) expires; |
| 3. | Where the Minister of National Defense has issued an order for discharge of full-time reserve personnel from a call-up for specific regions or persons subject thereto because he/she acknowledges that it is unnecessary to call to full-time reserve service due to personnel adjustment, etc. |
| (2) | Persons who have been discharged from a call-up because they have fallen under paragraph (1) 3 shall be deemed to have completed full-time reserve service. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 40-2 (Notification of Number of Necessary Persons for Onboard Ship Reserve Service and Allotment thereof) |
| (1) | Each of the following persons who own or manage oil tankers, container ships, LNG carriers, deep sea fishing vessels, or other ships that can transport military personnel, strategic materials, etc. determined by the Commissioner of the Military Manpower Administration to be mobilized in wartime, an incident, or national emergency corresponding thereto shall notify the Minister of Oceans and Fisheries of the number of necessary onboard ship reserve personnel for the following year by no later than June 30 of each year: <Amended on Dec. 20, 2012; Mar. 23, 2013> |
| 1. | Shipping industry: Representative of an enterprise owning or managing a ship of 500 gross tonnage, which engages in ocean transportation business and ocean ship management business; |
| 2. | Fisheries: Representative of an enterprise owning or managing a ship of 100 gross tonnage, which engages in deep-sea fisheries or inshore fisheries. |
| (2) | Where the Minister of Oceans and Fisheries has been notified by the head of an enterprise in the field of shipping industry or fisheries (hereafter referred to as "shipping enterprise, etc." in this Section) of the number of necessary persons, he/she shall notify the Commissioner of the Military Manpower Administration thereof by no later than July 31 of each year. <Amended on Mar. 23, 2013> |
| (3) | The Commissioner of the Military Manpower Administration shall determine the number of persons that can be transferred to onboard ship reserve service for the following year after consultations with the Minister of Oceans and Fisheries insofar as it does not obstruct the supplementation of personnel necessary for the military forces determined by the Minister of National Defense, and allocate them by enterprise considering the size of an enterprise, requested number of persons, actual condition of service management, whether human rights are infringed upon, etc. In such cases, detailed matters concerning the allocation of persons for onboard ship reserve service, such as the standards for and methods of allocation for each enterprise or the standards for and methods of placing restriction on allocation of persons for shipping enterprises, etc. where service management is insufficient or human rights are infringed upon, shall be determined and publicized by the Commissioner of the Military Manpower Administration. <Amended on Mar. 23, 2013; Nov. 4, 2014; Sep. 29, 2020> |
| (4) | The Commissioner of the Military Manpower Administration shall notify the heads of shipping enterprises, etc. of the number of persons allocated for onboard ship reserve service for the following year through the directors of the competent regional military manpower offices (referring to the directors of regional military manpower offices or heads of military manpower branch offices having jurisdiction over the administrative districts in which the main offices of shipping enterprises, etc. are situated; hereafter the same shall apply in this Section). |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 40-3 (Standards and Procedures for Transfer to Onboard Ship Reserve Service) |
| (1) | Persons who can be transferred to onboard ship reserve service shall be those who have a mariner's license or ship engineer's license and work or are determined to work onboard a ship under the subparagraphs of Article 40-2 (1), among persons falling under Article 21-2 (1) 1 of the Act, or persons subject to enlistment in active duty service and falling under subparagraph 2 of the same paragraph. |
| (2) | Persons who intend to be transferred to onboard ship reserve service as prescribed in paragraph (1) shall submit an application for transfer to onboard ship reserve service (including applications in an electronic form) along with a written oath under Article 23-2 (3) of the Act and documents prescribed by Ordinance of the Ministry of National Defense to the heads of shipping enterprises, etc. <Amended on Sep. 29, 2020> |
| (3) | The heads of shipping enterprises, etc. who have received applications for transfer to onboard ship reserve service under paragraph (2) (hereafter in this paragraph referred to as "application for transfer") shall determine persons for recommendation within the number of persons allocated by enterprise under Article 40-2 (3), and submit the following documents to the director of the competent regional military manpower office within seven days (by no later than five days prior to an enlistment date in cases of persons who have been notified of enlistment) from the day they received such applications for transfer: <Amended on Nov. 29, 2016; Sep. 29, 2020> |
| 1. | Applications for transfer and attached documents submitted by persons for recommendation; |
| (4) | The director of the competent regional military manpower office who has received the documents under the subparagraphs of paragraph (3) shall determine whether to transfer the persons for recommendation to onboard ship reserve service after checking their qualifications, number of persons allocated by enterprise, etc., and notify the relevant persons for recommendation of the results through the heads of the shipping enterprises, etc. <Amended on Sep. 29, 2020> |
| (5) | Persons transferred to onboard ship reserve service as prescribed in paragraph (4) shall be deemed to have been called up when they board a ship under the subparagraphs of Article 40-2 (1): Provided, That persons who have already embarked on the relevant ship shall be deemed to have been called up on the date their transfer was determined. |
| (6) | Deleted. <Jul. 21, 2010> |
| (7) | Where the Minister of Oceans and Fisheries designates or changes educational institutions under Article 21-2 (1) 2 of the Act, he/she shall notify the Minister of National Defense thereof. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 40-4 (Service of Onboard Ship Reserve Personnel) |
| (1) | Those transferred to onboard ship reserve service shall, within five years therefrom, work onboard a ship (referring to a ship of 500 gross tonnage in cases of the shipping industry, and to a ship of 100 gross tonnage in cases of the fisheries) of an enterprise under Article 40-2 (1) as ship personnel under subparagraph 3 of Article 2 of the Ship Personnel Act for three years. <Amended on Dec. 20, 2012> |
| (2) | Those transferred to onboard ship reserve service may move to enterprises with ships under the subparagraphs of Article 40-2 (1) and work onboard ships of the relevant size. In such cases, the heads of shipping enterprises, etc. for which onboard ship reserve personnel intend to work may allow them to work as onboard ship reserve personnel within the number of persons allotted by enterprise for the year in which the relevant personnel moved to work to onboard reserve service. <Amended on Nov. 23, 2011> |
| (3) | Notwithstanding the provisions of the latter part of paragraph (2), where a person transferred to onboard ship reserve service intends to move to another enterprise to work onboard a ship because any of the following events has occurred, such person shall be deemed a person allocated to the enterprise to which such person intends to move: Provided, That, in cases falling under subparagraphs 3 through 5, approval from the director of the relevant regional military manpower office shall be obtained and matters necessary for procedures for granting approval shall be prescribed by the Commissioner of the Military Manpower Administration: <Amended on Jul. 21, 2010; Nov. 23, 2011; Jun. 14, 2016; Nov. 29, 2016> |
| 1. | Where an enterprise with which a person is serving is closed, suspended, locked out or shut down; |
| 2. | Where an enterprise with which a person is serving no longer owns any vessel falling under any of the subparagraphs of Article 40-2 (1) due to reduction in the number of its vessels, etc.; |
| 3. | Where a person transferred to onboard ship reserve service, who suffered any damage from the violation of the Labor Standards Act or Seafarers Act by the head of a shipping enterprise, etc. (including any person who takes charge of service management on behalf of the head of a shipping enterprise, etc.) reports such violation to the sea port authority, sailor labor supervisor or sailor labor commission pursuant to Article 129 of the Seafarers Act and such violation is confirmed to be an illegal or unjust act; |
| 5. | Where an extenuating circumstance occurred, in which a person is unable to work onboard a ship of an enterprise with which he is serving due to sale, etc. of such ship. |
| (4) | The period of onboard service of onboard ship service personnel shall be from the embarkation date to the disembarkation date entered in the register of a seafarer authorized by a maritime and harbor administrative agency as prescribed in Article 44 (3) of the Seafarers Act, or to the disembarkation date in the authorized seamen's pocket ledger under the proviso to Article 45 (3) of the same Act or the guarantee letter for seamen. In such cases, for persons who have worked onboard ships after moving to other enterprises as prescribed in paragraph (2), the period of onboard service in each enterprise shall be added up. <Amended on Feb. 3, 2012> |
| (5) | The provisions on vacation under Articles 62 (5), 69 through 71, and 74 of the Seafarers Act shall apply mutatis mutandis to the vacation of onboard ship reserve personnel. In such cases, the number of vacation days shall be included in the period of their onboard ship service. <Amended on Feb. 3, 2012; Dec. 20, 2012> |
| (6) | Where any member of onboard ship reserve personnel is on temporary leave due to a work-related injury, disease or physical disability under Article 94 (1) or 97 of the Seafarers Act, the period of such leave shall be included in computing the period of his onboard ship duty. <Newly Inserted on Jul. 21, 2010; Feb. 3, 2012> |
| (7) | A person called to onboard ship service shall neither engage in duties for a profit-making purpose, other than onboard ship service, nor hold an additional position: Provided, That he may engage in profit-making activities, except for the duties of a seafarer under the Seafarers' Act, during the period not included in the onboard ship service period such as the period of temporary leave taken due to any reason other than those prescribed in paragraph (6). <Amended on Jul. 21, 2010; Nov. 29, 2016; May 28, 2018> |
| (8) | The directors of the competent regional military manpower offices may provide education concerning the onboard ship reserve system to onboard ship reserve personnel, and may request the heads of shipping enterprises, etc. to provide cooperation for the smooth implementation of such education. <Amended on Jul. 21, 2010> |
| (9) | Detailed matters necessary for service management except those prescribed in paragraphs (1) through (8) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jul. 21, 2010> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 40-5 (Management of Onboard Ship Reserve Personnel) |
| (1) | The directors of the competent regional military manpower offices shall prepare and manage a list and the military service records of persons transferred to onboard ship reserve service. |
| (2) | The heads of shipping enterprises, etc. in which onboard ship reserve personnel are working shall manage the service of the onboard ship reserve personnel. |
| (3) | The heads of shipping enterprises, etc. who manage service as prescribed in paragraph (2) shall manage a list of onboard ship reserve personnel of the relevant enterprises and military service records. In such cases, the heads of the shipping enterprises, etc. shall organize the military service records of onboard ship reserve personnel by entering matters concerning service, such as embarkation, disembarkation, vacation, call-up for military education, etc. therein and, where onboard ship reserve personnel move to a ship owned by another enterprise as prescribed in Article 40-4 (2), forward the military service records to the representative of such another shipping enterprise, etc. with which the onboard ship reserve personnel serve anew. <Amended on Nov. 29, 2016> |
| (4) | Matters necessary for the management of onboard ship reserve personnel in addition to the matters prescribed in paragraphs (1) through (3) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 40-6 (Notification of Changes in Status) |
| (1) | "Cause prescribed by Presidential Decree" in subparagraph 8 of Article 23-3 of the Act means any of the following: <Amended on Feb. 3, 2012; May 28, 2018> |
| 1. | Where the name of a shipping enterprise, etc. is changed or its place of business is relocated; |
| 2. | Where a shipping enterprise no longer owns vessels falling under the subparagraphs of Article 40-2 (1) due to reduction in the number of its vessels, etc.; |
| 3. | Where the onboard ship reserve personnel are moved to provide service pursuant to Article 40-4 (2); |
| 4. | Where the onboard ship reserve personnel are granted vacation pursuant to Article 40-4 (5); |
| 5. | Where any of the onboard ship reserve personnel engages in duties for a profit-making purpose or holds an additional position in violation of the main clause of Article 40-4 (7) or engages in profit-making activities as seafarers during the period not included in the onboard ship service period in violation of the proviso of the same paragraph; |
| (2) | Where the director of the competent regional military manpower office receives a notice under paragraph (1) 1 and 2 of this Article or subparagraph 7 of Article 23-3 of the Act from the head of a shipping enterprise, etc., he/she shall notify the Commissioner of the Military Manpower Administration thereof within seven days after the receipt of such notice. |
[This Article Wholly Amended on Jul. 21, 2010]
[Title Amended on Nov. 29, 2016]
| Article 40-7 (Treatment of Persons whose Transfer to Onboard Ship Reserve Service is Canceled) |
| (1) | Where the director of the competent regional military manpower office has canceled the transfer of any onboard ship reserve personnel pursuant to Article 23-4 (1) of the Act, he/she shall notify the head of the relevant shipping enterprise, etc. thereof. <Amended on Jul. 21, 2010> |
| (2) | The head of a shipping enterprise, etc. who has received a notice under Article 23-4 (1) of the Act shall send the military service record of the relevant member to the director of the competent regional military manpower office. <Amended on Jul. 21, 2010> |
| (3) | The director of the competent regional military manpower office shall forward the military service record of such person whose transfer to onboard ship reserve service has been cancelled under paragraph (1) to the director of the regional military manpower office who had jurisdiction over such person before the transfer to onboard ship reserve service. In such cases, the head of the competent regional military manpower office shall forward the military service record of a person falling under the main clause of paragraph (5) which clearly states the reduced service period. <Amended on Jul. 21, 2010> |
| (4) | Deleted. <Jul. 21, 2010> |
| (5) | The chief of staff of each service branch, the director of each regional military manpower office, or the head of each military manpower branch office shall reduce the service period of persons under Article 23-4 (3) of the Act who are enlisted as active duty servicemen or called to serve as social service personnel because their transfer to onboard ship reserve service has been cancelled, according to the following criteria: Provided, That this shall not apply to persons whose service period is adjusted to six months as prescribed in Article 63 (2) of the Act: <Amended on Jul. 21, 2010; Dec. 20, 2012; Dec. 4, 2013; Nov. 29, 2016> |
| 1. | For the period of call for military education under Article 55 of the Act: Their service period shall be reduced by the period of call for military education; |
| 2. | For the period of onboard ship reserve service excluding the period of call for military education under Article 55 of the Act: Their service period shall be reduced by one day for every four days. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Jul. 21, 2010]
| Article 40-8 (Expiration, etc. of Service Period) |
| (1) | The heads of shipping enterprises, etc. shall forward a list of persons under their supervision as onboard ship reserve personnel, whose service period expires, and their military service records to the directors of the competent regional military service offices by the tenth day of the month immediately preceding the month in which the relevant service period expires. |
| (2) | When a member of the onboard ship reserve personnel completes his service period, the director of the competent regional military office shall issue a disposition for expiration of service on the first day of the month in which the service period expires, clearly stating the date of service expiration, and notify the director of the regional military manpower office and the head of the shipping enterprise, etc. in which such member of the onboard ship reserve personnel is in serve of such fact. In such cases, the director of the competent regional manpower office shall deliver the certificate of military service organized after inserting the detail of disposition to the relevant member through the head of the shipping enterprise, etc. |
| (3) | With regard to persons subject to a disposition for service expiration of onboard ship reserve service under paragraph (2), their call-up shall be deemed cancelled on the day of expiration of their period of service. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 40-9 (Inspection on Actual Conditions, etc. of Onboard Ship Reserve Personnel) |
| (1) | The scope of inspection on actual conditions to be conducted under Article 23-5 (1) of the Act shall be as follows: <Amended on Nov. 29, 2016; Sep. 29, 2020> |
| 1. | Possession and management status of vessels under the subparagraphs of Article 40-2 (1); |
| 2. | Management status of onboard ship reserve personnel pursuant to Article 40-5; |
| 4. | Status of keeping documents related to the duties of onboard ship reserve personnel; |
| 5. | Whether the human rights of onboard ship reserve personnel are infringed upon. |
| (2) | The director of each competent regional military manpower office shall conduct a survey on actual status according to the following classification. <Amended on Sep. 29, 2020> |
| 1. | Regular inspection: Inspection conducted annually; |
| 2. | Occasional inspection: Inspection conducted when the director of the competent regional military manpower office deems necessary. |
| (3) | The head of a shipping enterprise, etc. which is to receive an inspection on actual conditions pursuant to paragraph (2) shall fully cooperate with such inspection. |
| (4) | The director of the competent regional military manpower office shall, when he/she has conducted an inspection on actual conditions pursuant to paragraph (2), report the results thereof to the Commissioner of the Military Manpower Administration. |
| (5) | The director of the competent regional military manpower office may evaluate shipping enterprises, etc. for their actual status of management of service depending on the results of an inspection on actual conditions. |
| (6) | The methods and criteria for evaluating shipping enterprises, etc., and matters concerning the use of the evaluation results, such as preferential treatment for shipping enterprises, etc. with excellent evaluation scores pursuant to paragraph (5) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Newly Inserted on Jul. 21, 2010]
| Article 40-10 (Preparation of Written Oaths by Heads of Shipping Enterprises) |
Where the heads of shipping enterprises, etc. prepare written oaths under Article 23-6 (1) of the Act, they shall state in such written oaths duties to be performed by onboard ship reserve personnel, working hours, vacation, methods of paying wages, and other working conditions. [This Article Newly Inserted on Sep. 29, 2020]
| Article 41 (Consultations on Number of Persons Recommended for Secondment) |
| (1) | The Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard shall, where he/she intends to determine the number of persons recommended as obligatory fire-fighting unit personnel or auxiliary police officers under Article 25 of the Act, consult in advance with the Minister of National Defense. <Amended on Nov. 19, 2014; Nov. 20, 2015; Nov. 29, 2016; Jul. 26, 2017; Sep. 22, 2017> |
| (2) | When the Minister of National Defense has received a request for consultation as provided for in paragraph (1), he shall comply with the request to the extent that does not hinder recruiting personnel needed in the troops. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Sep. 22, 2017]
| Article 42 Deleted. <Nov. 29, 2016> |
| Article 43 (Secondment by Recommendation) |
| (1) | The Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard shall make a request to the Minister of National Defense by the end of February for the allocation of recommended personnel, in cases where he/she intends to recommend mandatory fire-fighting unit personnel or auxiliary police officers for the following year under Article 25 (1) of the Act. <Amended on Nov. 19, 2014; Nov. 20, 2015; Jul. 26, 2017; Sep. 22, 2017> |
| (2) | The Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard shall forward a list of personnel recommended as mandatory fire-fighting unit personnel or auxiliary police officers pursuant to Article 25 (1) of the Act to the Commissioner of the Military Manpower Administration by not later than 50 days prior to the date of enlistment (in cases of scheduled graduates of the Police College to serve in the auxiliary police company after graduation, by no later than January 15 of the graduation year). <Amended on Nov. 19, 2014; Nov. 20, 2015; Nov. 29, 2016; Jul. 26, 2017; Sep. 22, 2017> |
| (3) | The Commissioner of the Military Manpower Administration shall, upon receipt of the list of personnel recommended by the Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard under paragraph (2), forward it to the director of a regional military manpower office by no later than 45 days prior to the date of enlistment, and the director of each regional military manpower office shall forward to the commanding officer of the military unit, the list of those subject to enlistment and the military service records, after forwarding to the principal a notice of enlistment in active duty service by no later than 30 days prior to the date of enlistment. <Amended on Nov. 19, 2014; Nov. 29, 2016; Jul. 26, 2017> |
| (4) | The commanding officer of the military unit in receipt of the list of those subject to enlistment under paragraph (3) shall, where those subject to enlistment have enlisted in the military, forward to the director of the regional military manpower office, the list of those enlisted (it can be substituted by a written personnel order) and the list of those not enlisted (including invalids), and their military service records. |
| (5) | The Minister of National Defense shall second those enlisted under paragraph (4) after having them complete the designated military education, and forward to the Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard, the list of secondment personnel clarifying the estimated period of secondment and their military service records. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (6) | The director of each regional military manpower office shall manage those in receipt of a notice of enlistment in active duty service under paragraph (3), who have been invalided under Article 25 (2), as persons with the status before the recommendation. In such cases, Articles 26 and 27 (1) and (2) shall apply mutatis mutandis to the handling of invalids and the period of service of those re-enlisted in the military. <Amended on Nov. 29, 2016> |
| (7) | The director of each regional military manpower office shall manage any person in receipt of a notice of enlistment in active duty service under paragraph (3), whose enlistment date has been postponed under Article 129, as the one with the status before recommendation. <Newly Inserted on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 44 (Administration of Military Register of Secondment Personnel) |
Upon receiving the military service records pursuant to Article 43 (5), the Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard shall record and organize the service, promotion, rewards, penalties, personal changes, etc. of seconded persons. <Amended on Nov. 19, 2014; Nov. 29, 2016; Jul. 26, 2017; Sep. 22, 2017> [This Article Wholly Amended on Dec. 7, 2009]
| Article 45 (Cancellation of Secondment for Persons Subject to Change of Assignment to Military Service) |
| (1) | With regard to persons who have been seconded to obligatory fire-fighting unit personnel or members of auxiliary police companies, and who fall under any of the grounds for change of assignment to military service under Article 33-7 (1) (limited to subparagraph 2 thereof) or 65 (1) through (3) and (11) of the Act, the Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard shall request the Minister of National Defense to cancel the secondment without delay. <Amended on Jul. 21, 2010; Nov. 23, 2011; Nov. 19, 2014; Nov. 20, 2015; Nov. 29, 2016; Jul. 26, 2017; Sep. 22, 2017> |
| (2) | Upon receiving a request for cancellation of secondment under paragraph (1), the Minister of National Defense shall cancel the secondment of persons falling under any of the reasons for change of assignment to military service and then change their military service disposition under Article 137 (1). |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 46 (Discharge from Military Service of Persons whose Secondment Period Expires) |
| (1) | The Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard shall inform the Minister of National Defense of a list of persons whose period of secondment service as obligatory fire-fighting unit personnel or members of auxiliary police companies is to expire, by no later than the 15th day of the month prior to the month in which the secondment period expires. <Amended on Nov. 19, 2014; Nov. 20, 2015; Nov. 29, 2016; Jul. 26, 2017> |
| (2) | Upon receiving a notice prescribed in paragraph (1), the Minister of National Defense shall discharge such persons from secondment service and transfer them to reserve service on the day the period of their secondment service expires, and shall notify the Commissioner of the National Police Agency, the Commissioner of the National Fire Agency or the Commissioner of the Korea Coast Guard and the director of each regional military manpower office of the list of such persons by no later than ten days prior to their transfer to reserve service. <Amended on Nov. 19, 2014; Nov. 29, 2016; Jul. 26, 2017> |
| 1. | Private fireman and private police officer: Private; |
| 2. | Private first class fireman and private first class police officer: Private first class; |
| 3. | Corporal fireman and corporal police officer: Corporal; |
| 4. | Sergeant fireman, sergeant police officer, and graduate of the Korea National Police University: Sergeant; |
| 5. | Special fireman and special police officer: Staff sergeant. |
| (4) | The Minister of National Defense may entrust his authority pertaining to secondment service, cancellation of secondment service, change of assignment to military service and transfer of persons whose secondment service period expires to reserve service under Articles 43 and 45 and paragraph (2) of this Article to the chief of staff of each service branch or the commanding officers of military units to which such persons belong. <Amended on Sep. 22, 2017> |
[This Article Wholly Amended on Dec. 7, 2009]
CHAPTER V SERVICE OF SUPPLEMENTARY SERVICE PERSONNEL
SECTION 1 Service of Social Service Personnel
| Article 47 (Scope of Public Organizations) |
| 3. | Fisheries information and communications stations; |
| 5. | Institutions prescribed by Ordinance of the Ministry of National Defense, among non-profit organizations having public interest purposes and financially supported directly or indirectly by the State or a local government. |
[This Article Wholly Amended on Dec. 7, 2009]
[Moved from Article 47-2; previous Article 47 moved to Article 48 <Dec. 7, 2009>]
| Article 47-2 Deleted. <Dec. 4, 2013> |
| Article 47-3 (Classification, etc. of Fields of Service for Social Service Personnel) |
| (1) | The field of service by duty of social service personnel prescribed in Article 26 (3) of the Act shall be as follows: <Amended on Dec. 4, 2013; May 28, 2018> |
| 1. | Social welfare duties: Assistance for operation of social welfare facilities, assistance for social welfare duties of local governments, etc.; |
| 2. | Health and medical service duties: Assistance for duties of protection and improvement of national health, such as prevention of epidemics, food sanitation, etc.; assistance for duties of rescue of patients, such as emergency relief, patient transport, etc.; |
| 3. | Educational and cultural duties: Assistance for learning, such as guidance to courses, specialties and aptitude; assistance for activities of infants and young children with disabilities in kindergartens and students with disabilities in elementary schools, middle schools, and high schools; assistance for management of cultural properties, such as palaces and royal mausoleums; |
| 4. | Environmental and safety duties: Assistance for environmental protection and surveillance, assistance for safety management of disasters, etc.; |
| 5. | Administrative duties: Assistance for general administration, assistance for security of administrative agencies, etc. |
| (2) | Matters necessary for functions by field of service, form of service, etc. under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Newly Inserted on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 48 (Requests for Allocation of Social Service Personnel) |
| (1) | The heads of State agencies, local governments, or public organizations (hereinafter referred to as "heads of service institutions") in need of social service personnel shall request allocation of the social service personnel required thereby for the following year, by no later than the end of February of each year, to the director of a regional military manpower office. In such cases, requests for allocation of the social service personnel to be assigned to social and welfare facilities shall be made by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the heads of Sis/Guns/Gus (referring to autonomous Gu; hereinafter the same shall apply). <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (2) | When the head of a service institution intends to request allocation of social service personnel under paragraph (1), he/she shall submit a plan for utilization of the social service personnel which records the required number of such personnel for each service area, field of service, form of service, etc. <Amended on Dec. 4, 2013> |
| (3) | Deleted. <Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
[Moved from Article 47; previous Article 48 moved to Article 49 <Dec. 7, 2009>]
| Article 49 (Allocation of Social Service Personnel, etc.) |
| (1) | Upon receipt of a request for allocation of social service personnel under Article 48 (1), the director of each regional military manpower office shall investigate necessary matters, such as necessity for public interest, conditions for service, etc., determine the number of such personnel to be allocated for each service institution, field of service, and form of service by no later than March 31 of each year, report to the Commissioner of the Military Manpower Administration, and notify the heads of such service institutions of the results by no later than April 20 of each year. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (2) | The director of a regional military manpower office may, when he/she determines the number of social service personnel to be allocated pursuant to paragraph (1), restrict the number of such personnel, taking into account the status, etc. of the operation of the personnel working for service institutions by the relevant year and may cancel the allocation before the allocated personnel commence service. <Amended on Dec. 4, 2013> |
| (3) | Matters necessary for the standards, methods, etc. for allocation of social service personnel referred to in paragraphs (1) and (2) shall be determined and publicized by the Commissioner of the Military Manpower Administration. <Amended on Dec. 4, 2013> |
| (4) | Deleted. <Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
[Moved from Article 48; previous Article 49 moved to Article 47-2 <Dec. 7, 2009>]
| Article 50 (Plans, etc. for Calling up Social Service Personnel) |
| (1) | The Commissioner of the Military Manpower Administration shall draft a plan for calling up social service personnel for the following year which records the number of such personnel for calling up on a monthly basis, etc. and shall forward it to the directors of regional military manpower offices by no later than October 31 of each year. <Amended on Dec. 4, 2013> |
| (2) | Upon receipt of a plan for calling up social service personnel under paragraph (1), the director of a regional military manpower office shall draft a plan to execute the call-up of social service personnel which records and classifies persons to be called up for social service personnel by Si/Gun/Gu, by service institution, classification, and form of service, and on a monthly basis, report it to the Commissioner of the Military Manpower Administration by no later than November 10 of each year, and shall notify the heads of service institutions allocated with the required number of social service personnel of the scheduled number thereof. <Amended on Mar. 23, 2013; Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 51 (Execution of Calling up Social Service Personnel) |
| (1) | When the director of a regional military manpower office determines the order in which social service personnel are to be called up under Article 28 (1) of the Act, he/she shall prepare a register of order in which social service personnel are to be called up by Si/Gun/Gu. <Amended on Dec. 4, 2013> |
| (2) | Calling up social service personnel shall be made with respect to persons for whom the order in which social service personnel are to be called up has been set after determining institutions in which they are to serve: Provided, That social service personnel selected under Article 26 (4) of the Act and supplementary service personnel who have not been called up for military education under Article 55 (3) of the Act may be called up after the relevant service institution, service type, and field of service are determined. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (3) | The director of a regional military manpower office may, when the head of a service institution with induction and work facilities for social service personnel files a request that the said personnel be in service while remaining with other social service personnel under the proviso to Article 31 (4) of the Act, allow such. <Amended on Dec. 4, 2013> |
| (4) | With regard to those who have received a notice of calling up social service personnel and who reside alone, the director of a regional military manpower office may execute calling up in the region where their parents and families reside upon their request. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 52 (Persons to be Separately Called to Serve as Social Service Personnel) |
Persons who may choose not to comply with the order in which social service personnel are to be called up under Article 29 (2) of the Act and may be separately called to serve as social service personnel shall be as follows: <Amended on Jul. 21, 2010; Jul. 14, 2011; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Sep. 22, 2017; Jun. 30, 2020> | 1. | Persons who intend to be called to serve as social service personnel in the year they undergo a draft physical examination; |
| 2. | Student officer cadets, or military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates who are to be called up after they have been expunged from the relevant military register; |
| 3. | Persons for whom reasons for postponing calling up as social service personnel have ceased to exist; |
| 4. | Persons who have returned to Korea and who are to be called up; |
| 5. | Persons who have evaded a call-up to serve as social service personnel and against whom penal sanction has expired or statute of limitations on prosecution applies; |
| 6. | Persons who are to be called up on account of cancellation of their transfer to serve as art and sports 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; |
| 7. | Persons transferred to supplementary service under Article 137 (4); |
| 8. | Persons whose transfer to alternative service has been canceled and are to be called up under Article 25 (2) of the Alternative Service Act; |
| 9. | Other persons deemed necessary by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 53 (Service, etc. of Notices for Call-up to Serve as Social Service Personnel) |
| (1) | The director of each regional military manpower office shall serve a notice for call-up to serve as social service personnel upon the relevant person by no later than 30 days prior to the call-up date: Provided, That in cases of persons to be separately called to serve as social service personnel under Article 52, a notice for call-up shall be served by no later than seven days prior to the call-up date. <Amended on Mar. 23, 2013; Dec. 4, 2013; Nov. 29, 2016; May 28, 2018> |
| (2) | Deleted. <Dec. 4, 2013> |
| (3) | When the director of a regional military manpower office has served a notice for call-up to serve as social service personnel under paragraph (1), he/she shall forward to the head of the service institution in which the social service personnel are to serve, a list of persons subject to call-up who are to serve therein. <Amended on Mar. 23, 2013; Dec. 4, 2013> |
| (4) | In cases of persons who have the possibility of being exempted from the liability for call-up to serve as social service personnel pursuant to Article 71 (1) of the Act, a notice for call-up to serve as social service personnel may be served at least one day before the date of enlistment, notwithstanding paragraph (1). <Amended on May 28, 2018> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 54 (Establishment and Operation of Custody and Enlistment Offices for Social Service Personnel) |
| (1) | The director of a regional military manpower office may establish a custody and enlistment office in consultations with the heads of service institutions where social service personnel are to serve, in order to manage affairs with regard to the custody and enlistment of persons subject to call-up to serve as social service personnel. <Amended on Mar. 23, 2013; Dec. 4, 2013> |
| (2) | The director of each regional military manpower office shall dispatch a custody officer to escort persons subject to call-up to serve as social service personnel, and the head of a service institution shall dispatch an enlistment officer to enlist persons subject to call-up. <Amended on Mar. 23, 2013; Dec. 4, 2013> |
| (3) | In accordance with a list of persons subject to call-up to serve as social service personnel under Article 53 (1) and (3), the custody officer shall escort persons subject to call-up to serve as social service personnel to the enlistment officer, and prepare two copies of report of custody and enlistment and forward one copy to the enlistment officer. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 55 (Reports, etc. on Postponement of Responding to Call-Up) |
| (1) | Persons subject to call-up to serve as social service personnel who cannot comply with the date of the call-up due to a natural disaster, traffic paralysis, delayed service of the notice, and other extenuating circumstances, may postpone their response to the call-up within three days from the date of the call-up. <Amended on Dec. 4, 2013; Nov. 29, 2016; Jul. 2, 2019> |
| (2) | Persons who intend to postpone response to a call-up under paragraph (1) shall report on postponement of their response to the call-up to the director of the regional military manpower office and comply with the postponed date of call-up, and may report it through telegram or telephone in extenuating circumstances. <Amended on Jul. 2, 2019> |
| (3) | The director of each regional military manpower office shall notify the heads of service institutions where social service personnel are to serve, of a list of persons who are to postpone their response to a call-up under paragraph (1). <Amended on Mar. 23, 2013; Dec. 4, 2013; Jul. 2, 2019> |
| (4) | When the head of a service institution has been notified of a list of persons who are to postpone response to a call-up under paragraph (3), he/she shall verify whether the postponed call-up has been responded to on the reported date and notify the directors of the regional military manpower offices of a list of persons who have not responded to such call-up. <Amended on Mar. 23, 2013; Dec. 4, 2013; Nov. 29, 2016; Jul. 2, 2019> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Jul. 2, 2019]
| Article 56 (Period of Service, etc. of Social Service Personnel) |
| (1) | The period of service of social service personnel shall commence from the date they are called to serve as social service personnel in accordance with Article 29 of the Act. <Amended on Dec. 4, 2013> |
| (2) | With regard to calculating the number of days excluded from the period of service of social work personnel under Article 30 (2) of the Act, Article 27 (3) shall apply mutatis mutandis. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (3) | Deleted. <Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 57 (Discharge from Call-up to Serve as Social Service Personnel) |
| (1) | The heads of service institutions where social service personnel serve shall forward a list, military service records of supplementary service, and military service certificates of persons whose service period is to expire pursuant to Article 56, to the directors of regional military manpower offices by no later than the 10th day of the month prior to the month when service expires. <Amended on Mar. 23, 2013; Dec. 4, 2013> |
| (2) | The director of each regional military manpower office shall specify the date of discharge from call-up on the first day of the month in which the discharge from call-up is to be executed, and accordingly discharge the relevant person from call-up, and forward documents indicating such discharge and the certificate of military service which records and organizes the fact of such discharge, to the head of the service institution under paragraph (1), and have the certificate of military service forwarded to the relevant person on the date of discharge. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
[Moved from Article 68 <Dec. 7, 2009>]
| Article 58 (Working Hours of Social Service Personnel) |
| (2) | The head of a service institution may, when he/she deems it necessary, change the working hours after consultation with the director of a regional military manpower office, based on the type, nature, area of service, or specialty of such institution. |
| (3) | The standard for calculating the number of work days according to the change of working hours pursuant to paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 59 (Vacation of Social Service Personnel) |
| (1) | The heads of service institutions may grant leave to the social service personnel pursuant to the following classification: <Amended on Mar. 29, 2011; Dec. 4, 2013; Nov. 29, 2016; Jan. 7, 2020> |
| 1. | Annual leave: Within 31 days in total, based upon the period of service; |
| (a) | Where the principal is to marry: Not more than five days; |
| (b) | Where his spouse dies, or any parent of the principal or spouse dies: Not more than five days; |
| (c) | Where his parent, sibling, or spouse is in critical condition, and no one is available to attend thereto: Not more than three days; |
| (d) | Where his lineal descendant dies, or any grandparent or maternal grandparent of the principal or spouse dies: Not more than three days; |
| (e) | Where any sibling of the principal or his spouse dies: one day; |
| (f) | Where his spouse gives birth: Not more than 10 days; |
| (a) | Where one is unable to perform his duty due to any injury or illness in the course of performing a duty, the period during which he is unable to perform his duty; |
| (b) | Where one is unable to perform his duty due to any injury or illness that has occurred irrespective of his duty, the period during which he is unable to perform his duty; |
| 4. | Official leave: A necessary period shall be given in any of the following cases: |
| (a) | Where he is summoned to the National Assembly, court of law, public prosecutors' office, or other State agency with regard to his duty; |
| (b) | Where he seeks to participate in voting in accordance with Acts; |
| (c) | Where it is impossible to work due to natural disaster, traffic paralysis, or other reason; |
| (a) | Where he is acknowledged as an exemplary worker by virtue of his excellent merit: Not more than five days per annum; |
| (b) | Where he is officially commended for good conduct, etc.: Not more than five days per annum; |
| (d) | Other than the cases of item (c), where there is a need to console a person for his special service or a person in an inferior work environment: Not more than five days per annum. |
| (2) | Where sick leave under paragraph (1) 3 (b) exceeds 30 days in the aggregate, the number of days exceeding 30 days shall be excluded from the period of service. |
| (3) | The head of each service institution shall, where social service personnel are required to attend classes in the course of study by means of telecommunications or remote classes pursuant to subparagraph 4 of Article 65-3, grant them annual leave referred to in paragraph (1) 1 to attend such classes except in extenuating circumstances. <Amended on Dec. 4, 2013> |
| (4) | Matters necessary for the number of days for annual leave, etc. based upon the period of service referred to in paragraph (1) 1 shall be prescribed by Ordinance of the Ministry of National Defense. |
| (5) | Notwithstanding paragraph (1) 1, where social service personnel who have never violated the duty of service, such as absence from work or out of service, has not taken sick leave prescribed in paragraph (1) 3 (b) or taken sick leave on one occasion until 30 days prior to the date of discharge from military service from the date of call-up, the head of each service institution may grant annual leave to social service personnel pursuant to the following classification, in addition to the days of annual leave based upon a period of service prescribed in paragraph (4): <Newly Inserted on Nov. 4, 2014; Jan. 7, 2020> |
| 1. | Where social service personnel have not taken sick leave: Five days; |
| 2. | Where social service personnel have taken sick leave on one occasion: Two days. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 60 Deleted. <Dec. 4, 2013> |
| Article 61 (Scope of Areas from which It is Difficult to Commute to and from Work) |
The scope of the area from which it is recognized to be difficult to commute to and from work under Article 31 (4) of the Act shall be as follows: | 1. | A remote island from which it is impossible to commute to and from work by a regular liner; |
| 2. | An area from which the distance to the workplace exceeds eight km one way on foot due to absence of a fixed bus line; |
| 3. | An area from which it takes at least three hours to commute to and from work via a fixed bus line or ship; |
| 4. | Other regions recognized by the Commissioner of the Military Manpower Administration to be difficult to commute to and from work. |
[This Article Wholly Amended on Dec. 7, 2009]
[Moved from Article 60; previous Article 61 moved to Article 62 <Dec. 7, 2009>]
| Article 62 (Remuneration, etc. for Social Service Personnel) |
| (1) | The remuneration equivalent to that of active duty service personnel shall be paid to social service personnel by the head of the relevant service institution from the date of their call-up according to the following standards: Provided, That in cases of persons transferred to supplementary service under Article 137 (7), the period obtained by subtracting the period of supplementary service calculated under Article 92-2 from the mandatory service period of supplementary service personnel shall be added to the following standard period for calculation of remuneration by rank: <Amended on Dec. 4, 2013; Jan. 7, 2020> |
| 1. | From the month of call-up to the second month: Remuneration of a private; |
| 2. | From the third month from call-up to the eighth month: Remuneration of a private first class; |
| 3. | From the ninth month from call-up to the 14th month: Remuneration of a corporal; |
| 4. | From the 15th month from call-up: Remuneration of a sergeant. |
| (2) | Social service personnel shall be reimbursed travelling expenses, and provided with meal allowances, and other related expenses necessary for the performance of their duties in addition to remuneration under paragraph (1) and, if they serve while staying together with other personnel, they shall be provided with room and board and daily necessities. <Amended on Dec. 4, 2013> |
| (3) | The Commissioner of the Military Manpower Administration shall determine standards for dress code of social service personnel, such as a uniform, name tag, cap, etc.: Provided, That where it is necessary for the heads of service institutions to determine separate standards for dress code due to characteristics of duties, they may determine separate standards after consultation with the Commissioner of the Military Manpower Administration. <Amended on Dec. 4, 2013> |
| (4) | The heads of service institutions shall provide social service personnel with uniforms, name tags, caps, etc. in accordance with the standards for dress code under paragraph (3) at the expense of such institutions and require such personnel to wear or affix them. <Amended on Dec. 4, 2013; Jul. 2, 2019> |
| (5) | Notwithstanding the provisions of paragraphs (1), (2), and (4), the Commissioner of the Military Manpower Administration or the heads of central administrative agencies in charge of service institutions may pay remuneration to social service personnel performing social service duties and travel expenses necessary for the performance of duties which the heads of service institutions pay, within budgetary limits. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
[Moved from Article 61 <Dec. 7, 2009>]
| Article 63 (Scope of Service Management of and Supervision over Social Service Personnel) |
Pursuant to Article 31-2 (2) of the Act, the Commissioner of the Military Manpower Administration shall have power to direct, manage, and supervise social service personnel in connection with the following matters: <Amended on Dec. 4, 2013> | 1. | Matters concerning activities for preventing poor service through inspections of status of their service in the field, corrective measures, guidance, etc.; |
| 2. | Matters concerning protection of rights through counselling, handling grievances, etc.; |
| 3. | Matters concerning criminal accusation of violators of the duty of service, etc.; |
| 4. | Other matters deemed necessary by the Commissioner of the Military Manpower Administration in connection with their service. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
[Moved from Article 64-3; previous Article 63 moved to Article 67 <Dec. 7, 2009>]
| Article 64 (Handling Grievances of Social Service Personnel) |
| (1) | Social service personnel may request consultations on their personal affairs or consideration of their grievances with the heads of the service institutions, and the heads of the service institutions shall not accord them any disadvantage on account of such request. <Amended on Mar. 23, 2013; Dec. 4, 2013> |
| (2) | The head of the service institution who has received a request pursuant to paragraph (1) shall conduct a review according to a just procedure or settle the grievance following consultations for fair settlement. <Amended on Dec. 4, 2013> |
| (3) | The review of grievances prescribed in paragraph (2) shall be conducted within 30 days from the date when a request is filed: Provided, That a period for reviewing grievances may be extended within 30 days in extenuating circumstances. <Newly Inserted on Nov. 4, 2014> |
| (4) | Where the period for reviewing grievances is extended pursuant to the proviso to paragraph (3), a person who has made a request shall be notified of a ground therefor. <Newly Inserted on Nov. 4, 2014> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
[Moved from Article 65; previous Article 64 moved to Article 60 <Dec. 7, 2009>]
| Article 64-2 (Resource Management, etc. of Social Service Personnel) |
| (1) | The director of each regional military manpower office shall manage the register of orders for call-up to serve as social service personnel, military service records, etc. with respect to persons to be called up to serve as social service personnel. <Amended on Dec. 4, 2013> |
| (2) | The heads of service institutions where social service personnel serve shall provide and manage a list of social service personnel, along with the military service records of supplementary service and daily evaluations of service and shall also record and organize matters to be reported on changes in status, field of service, form and area of service, changes in working hours, vacation, call for military education, provision of education regarding duties, and other matters related to service in the military service records of supplementary service under Article 32 of the Act: Provided, That the Minister of Health and Welfare shall exercise overall control over the management of social service personnel assigned to social welfare facilities, but the competent Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall supervise matters related to their service. <Amended on Mar. 15, 2010; Mar. 23, 2013; Dec. 4, 2013; Nov. 29, 2016> |
| (3) | The heads of service institutions under paragraph (2) shall promptly notify the director of the regional military manpower office of the social service personnel whose sick leave exceeds 30 days or for whom any cause for arrest, etc. has occurred due to a crime. <Amended on Dec. 4, 2013> |
| (4) | The Commissioner of the Military Manpower Administration shall determine matters necessary for the resource management, etc. of social service personnel, other than those prescribed in paragraphs (1) through (3). <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
[Moved from Article 67; previous Article 64-2 deleted <Dec. 7, 2009>]
| Article 65 (Divided Service of Social Service Personnel) |
| (1) | The detailed criteria for cases in which it is allowable to resume the service suspended pursuant to Article 31-3 (1) of the Act shall be as follows: |
| 1. | Where the person needs medical treatment for at least one month; |
| 2. | Where the person has no other family member who lives in his household, or it is practically difficult to nurse the sick person although there is another family member because of any mental or physical disorder, etc.; |
| 3. | Where the person falls under any of the following: |
| (b) | Where it is necessary to support his family because of death, unemployment, etc. of the family member who has taken responsibility for the family's livelihood; |
| (c) | Where there is any ground approved by 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). |
| (2) | Social service personnel may, if any ground set forth in the subparagraphs of paragraph (1) exists, file an application for divided service of social service personnel with the head of the service institution. In such cases, the head of the service institution shall forward the application to the director of the regional military manpower office without delay. <Amended on Dec. 4, 2013> |
| (3) | The director of each regional military manpower office shall, in receipt of an application for divided service of social service personnel under paragraph (2), examine the ground for divided service, period of service suspension, etc. and make a decision on whether to suspend service and the period of service suspension, and shall serve a notice of divided service of social service personnel on the applicant through the head of the service institution. <Amended on Dec. 4, 2013> |
| (4) | Social service personnel shall, upon expiration of the period of service suspension under paragraph (3), report to the head of the service institution on their resumption of service on the day immediately following the end of the period. In such cases, the social service personnel shall perform service during the mandatory service period, excluding the period during which they had already performed service. <Amended on Dec. 4, 2013> |
| (5) | The head of each service institution shall, if any social service personnel whose service was suspended wishes to resume service before the expiration of the period of service suspension, immediately notify the director of the regional military manpower office thereof. In such cases, the director of the competent regional military manpower office shall revoke the service suspension and notify the head of the service institution thereof. <Amended on Dec. 4, 2013> |
| (6) | The director of each regional military manpower office shall, in receipt of an application for transfer to industrial technical personnel service from any social service personnel whose service has been suspended pursuant to paragraph (3) and who wishes to be transferred to industrial technical personnel service pursuant to Article 36 (5) 3 of the Act, revoke the service suspension, if deemed proper to transfer the person to industrial technical personnel service, and shall notify the head of the service institution thereof. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
[Moved from Article 65-3; previous Article 65 moved to Article 64 <Dec. 7, 2009>]
| Article 65-2 (Re-Designation of Service Institutions, etc.) |
| (1) | Where any member of social service personnel falls under Article 32 (1) 3 or 6 of the Act, he may submit an application for re-designation of a service institution, etc. (including any application drawn up in an electronic form) together with the documents prescribed by Ordinance of the Ministry of National Defense to the head of the service institution where he serves. <Amended on Dec. 4, 2013> |
| (2) | The head of a service institution who has received an application for re-designation of a service institution, etc. pursuant to paragraph (1) shall verify whether the applicant falls under Article 32 (1) 3 or 6 of the Act and forward the application to the director of the regional military manpower office without delay. |
| (3) | The director of a regional military manpower office, in receipt of an application for re-designation of a service institution, etc. in accordance with paragraph (2), shall newly designate a service institution and forward a notice of re-designation of a service institution, etc. to the relevant social service personnel via the head of the service institution, and shall notify the head of the newly designated service institution thereof. <Amended on Dec. 4, 2013> |
| (4) | Social service personnel, in receipt of notice of the re-designation of a service institution, etc. under paragraph (3), shall arrive at the newly designated service institution on the designated date. In such cases, the period necessary for them to arrive shall be two days and the period shall be included in the service period. <Amended on Dec. 4, 2013> |
| (5) | The head of a service institution shall forward the military service record of supplementary service and the daily evaluation of service of the social service personnel who are assigned to a newly designated service institution to the head of the newly designated service institution. <Amended on Dec. 4, 2013> |
| (6) | The director of a regional military manpower office, in receipt of a list of social service personnel falling under Article 32 (1) 4 and 5 of the Act, shall designate a new service institution. In such cases, paragraphs (3) through (5) shall apply mutatis mutandis to serving notices of re-designation of a service institution, etc. <Amended on Dec. 4, 2013> |
| (7) | The director of a regional military manpower office, in receipt of a list of social service personnel falling under Article 32 (1) 5 of the Act, if circumstances making the re-designation impossible are recognized after taking into consideration the scope of areas commutable to and from work, characteristics of the service institution subject to re-designation, and the number of social service personnel allocated, may require them to continue serving at the current service institutions, notwithstanding paragraph (6). <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Moved from Article 66; previous Article 65-2 moved to Article 65-3 <Dec. 7, 2009>]
| Article 65-3 (Scope of Negligence, etc. in Performing Duties) |
"Where he falls under a cause prescribed by Presidential Decree, such as a failure to perform assigned duties or delay of such duties without justifiable grounds" in Article 33 (2) 5 of the Act means any of the following cases: <Amended on Dec. 4, 2013; Nov. 29, 2016; Jul. 2, 2019> | 1. | Where he arrives late at work without justifiable grounds; |
| 2. | Where he leaves or deserts his workplace without permission; |
| 3. | Where he consumes alcohol, acts in a manner compromising public morals, or commits any other act degrading official discipline while on duty; |
| 5. | Where he procures a third person to attend basic education on service, education on duties, or guidance education on service under Article 33-2 of the Act on his behalf or arrives late at, or is absent from, the education without permission, or neglects his duty in attending the education otherwise. |
[This Article Wholly Amended on Dec. 7, 2009]
[Moved from Article 65-2; previous Article 65-3 moved to Article 65 <Dec. 7, 2009>]
| Article 66 (Remaining Term of Service, etc. of Social Service Personnel Following Desertion, etc. from Place of Service) |
| (1) | Where the head of a service institution where social service personnel serve has filed an accusation against social service personnel falling under subparagraph 1 of Article 89-2 or Article 89-3 of the Act with the chief of an investigative agency as prescribed in Article 165 (2) and (3) and such case falls under any of the following, he/she shall require the relevant social service personnel to cease their service: <Amended on Mar. 23, 2013; Dec. 4, 2013> |
| 1. | Where they are detained; |
| 2. | Where they are sentenced to criminal punishment (excluding a suspended sentence of imprisonment or suspension of sentence); |
| 3. | Where they desert their places of service for at least three days in total after the criminal accusation was filed against them and before a disposition of non-prosecution is issued or a criminal sentence is issued. |
| (2) | The head of a service institution where social service personnel serve shall notify social service personnel whose service has been suspended pursuant to paragraph (1) of their remaining service period, when the execution of the sentence to criminal punishment imposed upon them is completed or suspended or becomes finally and conclusively discharged. <Amended on Jul. 14, 2011; Dec. 4, 2013> |
| (3) | Deleted. <Dec. 4, 2013> |
| (4) | With regard to a person whose service as social service personnel was suspended pursuant to paragraph (1), the director of the regional military manpower office shall order him to resume service in the pertinent service area for the mandatory service period excluding the period during which he had already performed service, if the execution of the sentence to criminal punishment imposed upon him becomes finally and conclusively exempt: Provided, That those subject to a disposition for discharge of prosecution and those adjudicated not guilty of a crime, as the fact accused was not admitted as true, shall be deemed to have performed service during the suspended period. <Amended on Dec. 4, 2013> |
| (5) | and (6) Deleted. <Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
[Moved from Article 56-2; previous Article 66 moved to Article 65-2 <Dec. 7, 2009>]
| Article 67 (Basic Education on Service, Education on Duties, etc. for Social Service Personnel) |
| (1) | The Commissioner of the Military Manpower Administration, directors of regional military manpower offices, or heads of relevant central administrative agencies shall provide basic education on service and education on duties at least once for social service personnel under Article 33-2 (1) and (2) of the Act. In such cases, the initial basic education on service and education on duties shall be provided within three months from the date of call-up of the social service personnel pursuant to Article 29 of the Act (in cases of a call for military education under Article 55 (1) of the Act, referring to the date of release from such call). <Amended on May 31, 2013; Dec. 4, 2013; Nov. 29, 2016> |
| (2) | “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” in Article 33-2 (3) 3 of the Act means any of the following: <Newly Inserted on Sep. 22, 2017> |
| 2. | Where he is deemed unfit to perform active service due to maladjustment to the military service and so transferred to supplementary service. |
| (3) | The period of basic education on service and education on duties under Article 33-2 (1) and the main clause of Article 33-2 (2) of the Act shall be within 30 days, and the period of guidance education on service under paragraph (3) of the same Article shall be within 15 days. In such cases, the education period shall be included in the service period. <Amended on Nov. 29, 2016; Sep. 22, 2017> |
| (4) | The heads of relevant central administrative agencies may commission a specialized educational institution to provide education regarding duties to be performed by the heads of relevant central administrative agencies under the main clause of Article 33-2 (2) of the Act. <Amended on Sep. 22, 2017> |
| (5) | Detailed matters concerning the management of education under Article 33-2 of the Act, educational procedures, etc. shall be prescribed by the Commissioner of the Military Manpower Administration: Provided, That matters concerning education regarding duties performed by the heads of relevant central administrative agencies may be determined separately by the heads of such relevant central administrative agencies. <Amended on Sep. 22, 2017> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
[Moved from Article 63; previous Article 67 moved to Article 64-2 <Dec. 7, 2009>]
| Article 68 (Delivery of Notice for Education, Postponement of Education Date, etc.) |
| (1) | The Commissioner of the Military Manpower Administration, directors of the competent regional military manpower offices, or heads of the relevant central administrative agencies shall give notice for education regarding persons subject to education under Article 33-2 of the Act through the heads of service institutions by no later than 14 days before the scheduled date of education. |
| (2) | Where any person who has received a notice for education under paragraph (1) falls under any of the following subparagraphs, the Commissioner of the Military Manpower Administration, director of the competent regional military manpower office, or the head of the relevant central administrative agency may, upon request, postpone the date of education until the cause or event ceases to exist: <Amended on Nov. 29, 2016> |
| 1. | Where he faces impediments to undertaking the education course adequately due to any illness or mental or physical disorder; |
| 2. | Where his lineal ascendant or descendant, spouse, sibling, or any of his family members in the same household is seriously ill or dies, and no other person is available to attend to domestic affairs, such as nursing and funeral; |
| 3. | Where he is a victim of a natural disaster or any other calamity, and no other person is available to cope with such critical situation; |
| 4. | Where he faces impediments to undertaking the education course due to any other extenuating circumstance. |
| (3) | The Commissioner of the Military Manpower Administration, directors of the competent regional military manpower offices, or heads of the relevant central administrative agencies shall reimburse persons subject to education under Article 33-2 of the Act, actual travel expenses for education, within budgetary limits. |
| (4) | Matters necessary for the service of notices for education, postponement of the education date, payment of travel expenses for education, etc. under paragraphs (1) through (3) shall be prescribed by the Commissioner of the Military Manpower Administration: Provided, That matters concerning education regarding duties implemented by the heads of relevant central administrative agencies may be separately determined by the heads of such relevant central administrative agencies. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
[Moved from Article 63-2; previous Article 68 moved to Article 57 <Dec. 7, 2009>]
SECTION 1-2 Service of Art and Sports Personnel
| Articles 68-2 through 68-10 Deleted. <Jun. 14, 2016> |
| Article 68-11 (Recommendation, etc. of Art and Sports Personnel) |
| (1) | “Persons with special skills in the field of arts or sports prescribed by Presidential Decree” in the former part of Article 33-7 (1) of the Act means any of the following persons: <Amended on Mar. 25, 2016; Jun. 30, 2020> |
| 1. | A person who has won a prize in an international art competition acknowledged by the Commissioner of the Military Manpower Administration, meeting all of the following requirements: |
| (a) | A person who has won at least second prize; |
| (b) | A prize winner who has got at least the second highest competition record: Provided, That in the absence of the first prize winner, he shall have got the highest competition record and, when those who have got the highest competition record are more than one or it is impracticable to ascertain who has got the highest competition record, he shall be a person who meets the standards for recommendation determined by the Commissioner of the Military Manpower Administration; |
| 2. | The first prize winner who has got the highest competition record in a national art competition (limited to competitions in a field which has no international competition, such as traditional Korean music) acknowledged by the Commissioner of the Military Manpower Administration: Provided, That when those who have got the highest competition record are more than one or it is impracticable to ascertain who has got the highest competition record, he shall be a person who meets the standards for recommendation determined by the Commissioner of the Military Manpower Administration; |
| 4. | A person who has won at least third prize in the Olympic Games; |
| 5. | A person who has won the first prize in the Asian Games. |
| (2) | Persons who fall under any of the subparagraphs of paragraph (1) and wish to serve as art and sports personnel shall submit an application (including an application in an electronic form) for recommendation for art and sports personnel, with a prizewinning confirmation and other necessary documents, to the Minister of Culture, Sports and Tourism. <Amended on Nov. 29, 2016> |
| (3) | Upon receipt of an application for recommendation for art and sports personnel pursuant to paragraph (2), the Minister of Culture, Sports and Tourism shall notify the Commissioner of the Military Manpower Administration of a list of nominees within 14 days of receipt of the applications. |
| (4) | Art and sports personnel shall serve in the field determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016> |
[This Article Newly Inserted on Dec. 4, 2013]
| Article 68-12 (Voluntary Activities of Art and Sports Personnel by Utilizing Specialty) |
| (1) | The subjects of voluntary activities of the art and sports personnel by utilizing their specialty (hereinafter referred to as "voluntary activities by using specialty") pursuant to Article 33-8 (5) of the Act shall be as follows: |
| 1. | Cultural and arts activities or sports activities for promoting the rights and interests of the socially vulnerable class; |
| 2. | Cultural and arts activities or sports leader or education activities for preschool children or adolescents; |
| 3. | Other voluntary activities by utilizing specialty recognized by the Minister of Culture, Sports and Tourism, in consultation with the Commissioner of the Military Manpower Administration, including performance, classes, education, or public-service campaign. |
| (2) | The voluntary activities by utilizing specialty prescribed in paragraph (1) shall be conducted for a total of 544 hours, out of the period for mandatory service of art and sports personnel: Provided, That where the mandatory service period is shortened as persons on the active list are transferred to art and sports personnel during the active duty, the remaining period after deducting 16 hours for each month shortened (not less than 15 days shall be calculated as one month when a shortened period is calculated and less than 15 days shall not be included) shall be deemed hours for voluntary activities by utilizing specialty. <Amended on Nov. 29, 2016> |
| (3) | The Minister of Culture, Sports and Tourism shall formulate annual operational plans, including schedule or venue of voluntary activities by utilizing specialty of art and sports personnel by no later than January 13 each year. |
| (4) | The Minister of Culture, Sports and Tourism shall notify the Commissioner of the Military Manpower Administration of results of voluntary activities by utilizing specialty of each art and sports personnel by no later than 20 days of the month following the month in which voluntary activities by utilizing specialty are conducted. |
| (5) | Detailed procedures for conducting voluntary activities by utilizing specialty, such as standards for recognition of performance of voluntary activities by utilizing specialty shall be determined by the Minister of Culture, Sports and Tourism, in consultation with the Commissioner of the Military Manpower Administration. |
[This Article Newly Inserted on Jun. 30, 2015]
[Previous Article 68-12 moved to Article 68-13 <Jun. 30, 2015>]
| Article 68-13 (Calculation of Mandatory Service Period of Art and Sports Personnel) |
| (1) | The mandatory service period of art and sports personnel shall be reckoned from the date they are assigned to serve as art and sports personnel pursuant to Article 33-7 (1) of the Act. <Amended on Nov. 29, 2016> |
| (2) | With respect to the number of days excluded from the mandatory service period of art and sports personnel pursuant to Article 33-8 (3) of the Act, Article 27 (3) shall apply mutatis mutandis. <Amended on Nov. 29, 2016> |
[This Article Newly Inserted on Dec. 4, 2013]
[Title Amended on Nov. 29, 2016]
[Moved from Article 68-12; previous Article 68-13 moved to Article 68-14 <Jun. 30, 2015>]
| Article 68-14 (Expiration of Mandatory Service Period of Art and Sports Personnel) |
| (1) | The Minister of Culture, Sports and Tourism shall send the director of each regional military manpower office a list of art and sports personnel whose mandatory service period is to expire, the military service records of supplementary service, and military service certificates, by no later than the tenth day of the month preceding the expiry of their mandatory service period. <Amended on Jun. 30, 2015; Nov. 29, 2016> |
| (2) | The director of each regional military manpower office shall make a disposition of completion of mandatory service, specifying the date of completion, on the first day of the month in which the mandatory service period is to expire, and shall then send the Minister of Culture, Sports and Tourism military service certificates in which the details of such disposition are recorded and arranged so that they can be delivered to the relevant personnel on the date their mandatory service period expires. <Amended on Nov. 29, 2016> |
| (3) | Where art and sports personnel fail to receive military education call within the mandatory service period on the ground of service in a foreign country, etc., the director of each regional military manpower office shall withhold the disposition of completion of mandatory service and render such disposition after they complete the military education call. <Newly Inserted on Jun. 14, 2016; Nov. 29, 2016> |
[This Article Newly Inserted on Dec. 4, 2013]
[Title Amended on Nov. 29, 2016]
[Moved from Article 68-13; previous Article 68-14 moved to Article 68-15 <Jun. 30, 2015>]
| Article 68-15 (Standards for Service of Art and Sports Personnel) |
The Minister of Culture, Sports and Tourism shall determine standards for mandatory service of art and sports personnel and standards for voluntary activities by utilizing specialty and direct and supervise art and sports personnel in accordance with such standards. <Amended on Jun. 30, 2015; Nov. 29, 2016>
[This Article Newly Inserted on Dec. 4, 2013]
[Moved from Article 68-14; previous Article 68-15 moved to Article 68-16 <Jun. 30, 2015>]
| Article 68-16 (Handling Grievances of Art and Sports Personnel) |
| (1) | Art and sports personnel may request consultations on their personal affairs or consideration of their grievances from the Minister of Culture, Sports and Tourism, who shall not accord any disadvantageous treatment thereto on account of such request. |
| (2) | The Minister of Culture, Sports and Tourism, in receipt of a request under paragraph (1), shall process it fairly by complying with due process in considering grievances or consultations. |
[This Article Newly Inserted on Dec. 4, 2013]
[Moved from Article 68-15; previous Article 68-16 moved to Article 68-17 <Jun. 30, 2015>]
| Article 68-17 (Management, etc. of Art and Sports Personnel Resources) |
| (1) | The Minister of Culture, Sports and Tourism shall keep and manage the list of art and sports personnel, military service records of supplementary service, and records on performance of voluntary activities by utilizing specialty. <Amended on Jun. 30, 2015> |
| (2) | Matters to be included in the military service records of supplementary service and records on performance of voluntary activities by utilizing specialty prescribed in paragraph (1) are as follows: <Newly Inserted on Jun. 30, 2015; Nov. 29, 2016> |
| 1. | Military service records of supplementary service: Matters to be notified with regard to changes in status pursuant to Article 33-9 of the Act, or matters concerning mandatory service, such as changes in the field of service, type of service or place of work, military educational calls or whether vocational education is implemented; |
| 2. | Records on performance of voluntary activities by utilizing specialty: Matters related to voluntary activities, such as the date when voluntary activities by utilizing specialty are conducted, recognized hours or target institutions. |
| (3) | Where any extenuating circumstance falling under any of the subparagraphs of Article 33-10 (4) of the Act occurs to art and sports personnel, the Minister of Culture, Sports and Tourism shall notify the director of each regional military manpower office thereof without delay. <Amended on Jun. 30, 2015; Sep. 22, 2017> |
| (4) | Matters necessary for management of art and sports personnel resources, except for matters prescribed in paragraphs (1) through (3), shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jun. 30, 2015; Sep. 22, 2017> |
[This Article Newly Inserted on Dec. 4, 2013]
[Moved from Article 68-16; previous Article 68-17 moved to Article 68-18 <Jun. 30, 2015>]
| Article 68-18 (Scope of Neglect, etc. in Performing Duty) |
“Where he falls under any ground prescribed by Presidential Decree, such as failing to perform assigned duties or delay of such duties without justifiable grounds” in Article 33-10 (2) 5 of the Act means any of the following: <Amended on Jun. 30, 2015> | 1. | and 2. Deleted; <Amended on Jun. 30, 2015> |
| 3. | Where he consumes alcohol, acts in a manner compromising public morals, or commits any other act degrading official discipline while on duty; |
| 4. | Where he fails to conduct voluntary activities by utilizing specialty without any justifiable ground or falsely submits performance of voluntary activities by utilizing specialty. |
[This Article Newly Inserted on Dec. 4, 2013]
[Moved from Article 68-17; previous Article 68-18 moved to Article 68-19 <Jun. 30, 2015>]
| Article 68-19 (Remaining Term of Service of Art and Sports Personnel Following Desertion from Place of Service) |
| (1) | Where the Minister of Culture, Sports and Tourism has filed an accusation against a member of the art and sports personnel falling under subparagraph 1 of Article 89-2 or Article 89-3 of the Act with the chief of an investigative agency as prescribed in Article 165 (2) and (3) and such case falls under any of the following, he/she shall compel such member to cease his service: |
| 2. | When he is sentenced to criminal punishment (excluding a suspended sentence of imprisonment or suspension of sentence); |
| 3. | When he deserts his place of service for at least three days in total after the accusation has been filed against him and before the case against him is dismissed or a criminal sentence is passed on him. |
| (2) | With regard to art and sports personnel, among those charged under paragraph (1), who were sentenced to criminal punishment, if the execution of the sentence imposed upon them has been completed or suspended or the non-execution of such sentence has become final and conclusive, the director of the relevant regional military manpower office shall cancel the assignment of the art and sports personnel to such service and call them up to serve as social service personnel. |
| (3) | With regard to a person whose service as art and sports personnel was suspended pursuant to paragraph (1), the director of the relevant regional military manpower office shall order him to resume service in the pertinent service area for the mandatory service period excluding the period during which he had already performed service, if he is released without being sentenced to any criminal punishment: Provided, That a person subject to a disposition of non-prosecution or adjudicated not guilty of a crime or the ground for accusation was not admitted shall be deemed to have performed service during the period of suspension. <Amended on Nov. 29, 2016> |
| (4) | The period of service to be implemented by art and sports personnel who have been enlisted for active duty service or called to serve as social service personnel under Article 33-10 (4) of the Act shall be calculated according to the following formula, in which decimal fractions shall be rounded off: <Amended on Nov. 29, 2016> |
| 1. | The service period of personnel who shall be enlisted for active duty service:(Previous mandatory service period ? Number of days for which they have served) ÷ Previous mandatory service period × Mandatory service period of active duty servicemen; |
| 2. | The service period of personnel who shall be called to serve as social service personnel:(Previous mandatory service period ? Number of days for which they have served) ÷ Previous mandatory service period × Mandatory service period of social service personnel. |
| (5) | “A person whose remaining period of service is less than six months based on standards prescribed by Presidential Decree” in the latter part of Article 33-10 (4) 1 of the Act means a person in whose case the service period calculated according to the formula set forth in paragraph (4) 1 is less than six months. |
[This Article Newly Inserted on Dec. 4, 2013]
[Moved from Article 68-18 <Jun. 30, 2015>]
SECTION 2 Service of Public Health Doctors, etc.
| Article 69 (Transfer of Public Health Doctor Service, etc.) |
| (1) | The Minister of Health and Welfare, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs shall consult with the Commissioner of the Military Manpower Administration by no later than September 30 of each year with regard to the manpower supply and demand plan for the following year, including the required number of personnel who are to serve as public health doctors, public-service judge advocates, or public quarantine veterinarians: Provided, That with regard to the number of required public quarantine veterinarians in the manpower supply and demand plan for public quarantine veterinarians, he/she shall obtain approval from the Minister of National Defense. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Jun. 14, 2016; Nov. 29, 2016> |
| (2) | Any of the following persons shall submit an application for enlistment as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service advocate, or public quarantine veterinarian (including applications in an electronic form) to the Commissioner of the Military Manpower Administration by no later than February 10 (for a person falling under subparagraph 3, the 15th day following the day on which successful bar examination candidates are announced) of the year of enlistment: Provided, That a person who has stated in his application for enlistment as military surgeon candidate, judicial officer candidate, or veterinary officer candidate that he wishes to be enlisted as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service advocate, or public quarantine veterinarian once he is not enrolled on the military register of active officers in the field of medicine, law or veterinary pursuant to the latter part of Article 119 (2) shall be deemed to have submitted an application for enlistment as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service advocate, or public quarantine veterinarian: <Amended on Jul. 21, 2010; Dec. 20, 2012; Nov. 29, 2016> |
| 1. | A person who falls under any subparagraph of Article 34 (1) of the Act and who wishes to be enlisted as a public health doctor; |
| 2. | A person who falls under Article 34 (1) 2 of the Act and who wishes to be enlisted as a doctor exclusively in charge of the draft physical examination; |
| 3. | A person who falls under any subparagraph of Article 34-6 (1) of the Act and who wishes to be enlisted as a public-service advocate; |
| 4. | A person who falls under any subparagraph of Article 34-7 (1) of the Act and who wishes to be enlisted as a public quarantine veterinarian. |
| (3) | With regard to enlistment as a public health doctor, public-service advocate or public quarantine veterinarian, the Commissioner of the Military Manpower Administration shall have persons falling under Article 34 (1) 2, 34-6 (1) 2, or 34-7 (1) 2 of the Act enlisted with priority. <Amended on Jul. 21, 2010> |
| (4) | The Commissioner of the Military Manpower Administration shall determine the required number of doctors exclusively in charge of the draft physical examination according to their specialties and preferentially enlist persons falling under Article 34 (1) 2 of the Act as doctors exclusively in charge of the draft physical examination. <Amended on Nov. 29, 2016> |
| (5) | Deleted. <Jun. 14, 2016> |
| (6) | The Commissioner of the Military Manpower Administration shall notify the Minister of Health and Welfare, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs of a list of persons who have been enlisted as public health doctors, public-service judge advocates, or public quarantine veterinarians under Articles 34 (1), 34-6 (1), and 34-7 (1) of the Act. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Jun. 14, 2016> |
| (7) | Upon receiving a list pursuant to paragraph (6), the Minister of Health and Welfare, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs shall assign public health doctors, public-service judge advocates, or public quarantine veterinarians to the respective places of duty, which have been determined by each Minister, and shall notify the Commissioner of the Military Manpower Administration of the places of duty and list without delay. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Jun. 14, 2016> |
| (8) | Matters necessary for the criteria for enlistment as public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates, or public quarantine veterinarians shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jul. 21, 2010; Jun. 14, 2016; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 69-2 (Service, etc. of Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | The Commissioner of the Military Manpower Administration shall, for a person enlisted as a doctor exclusively in charge of the draft physical examination, prepare a written order to provide medical service which designates the place and field of service and shall conduct education regarding duties as may be necessary, so that he can engage in the work of physical examination, etc. pursuant to Article 34-2 (2) of the Act. <Amended on Nov. 29, 2016> |
| (2) | Each doctor exclusively in charge of the draft physical examination shall be deemed appointed on the date stated in the written order to provide medical service referred to in paragraph (1). In such cases, an order to provide medical service issued by the Commissioner of the Military Manpower Administration shall be deemed an order to appoint a public official in a fixed term position. <Amended on Nov. 20, 2013; Nov. 29, 2016> |
| (3) | The Commissioner of the Military Manpower Administration shall issue a written order to provide medical service under paragraph (1) in a manner to be forwarded to the person to be appointed as a doctor exclusively in charge of the draft physical examination before he commences medical service and shall notify the director of the relevant regional military manpower office of such issuance. <Amended on Nov. 29, 2016> |
| (4) | The director of each regional military manpower office shall, in receipt of notification referred to in paragraph (3), keep the roster of doctors exclusively in charge of the draft physical examination prescribed by Ordinance of the Ministry of National Defense and enter changes in their status, status of their service, and other matters relating to their management in the roster. <Amended on Nov. 29, 2016> |
| (5) | The director of each regional military manpower office shall evaluate the work performance of doctors exclusively in charge of the draft physical examination according to the evaluation paper for work performance of doctors exclusively in charge of the draft physical examination prescribed by Ordinance of the Ministry of National Defense and report their job performance evaluations to the Commissioner of the Military Manpower Administration within 15 days after the end of every half year. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 69-3 (Education on Duties and Training for Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | The Commissioner of the Military Manpower Administration shall conduct education on duties concerning the standards for disposition for military service and the application, etc. of Ordinance of the Ministry of National Defense prescribing matters on the draft physical examination, etc., for up to one month, for those enlisted to serve as doctors exclusively in charge of the draft physical examination as prescribed in Article 34-2 (2) of the Act. <Amended on Nov. 29, 2016> |
| (2) | The Commissioner of the Military Manpower Administration shall, when he/she calls doctors exclusively in charge of the draft physical examination to conduct education on duties under paragraph (1), have a document stating personal data of the doctors to be called, date and place of the call, etc. delivered to the relevant doctors exclusively in charge of the draft physical examination three days before they are called. <Amended on Nov. 29, 2016> |
| (3) | The heads of military hospitals, etc. which conduct training for doctors exclusively in charge of the draft physical examination under Article 34-2 (2) of the Act shall offer convenience necessary for the training during the training period and supervise service of the doctors exclusively in charge of the draft physical examination according to the standards for service of military surgeons in the relevant military unit and shall notify the Commissioner of the Military Manpower Administration of the results of the training at the end of the training. <Amended on Nov. 29, 2016> |
| (4) | The period and courses for education on duties and training referred to in paragraphs (1) and (3) shall be determined by the Commissioner of the Military Manpower Administration. |
| (5) | The Commissioner of the Military Manpower Administration may reimburse travel expenses to doctors exclusively in charge of the draft physical examination within budgetary limits during the period of education on duties and training under paragraphs (1) and (3). <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 69-4 (Desertion of Service Areas, etc. by Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | When any doctor exclusively in charge of the draft physical examination deserts his place of service or engages in a job, other than the draft physical examination, in violation of Article 34-2 (4) of the Act, the director of the competent regional military manpower office shall report the fact to the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016> |
| (2) | When any doctor exclusively in charge of the draft physical examination fails to perform his service for not less than one month due to a long-term hospitalization or a long-term medical treatment which has nothing to do with his service, the director of the competent regional military manpower office shall report to the Commissioner of the Military Manpower Administration, expressly indicating the reason thereof. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 69-5 (Order for Extending Service Period) |
When the Commissioner of the Military Manpower Administration extends the service period of any doctor exclusively in charge of the draft physical examination under Articles 34-4 and 35 (2) of the Act, he/she shall promptly issue a written order for extending service period, expressly indicating the extended period and the reason thereof, to the relevant doctor and then notify the director of the relevant regional military manpower office thereof. <Amended on Nov. 29, 2016> [This Article Wholly Amended on Dec. 7, 2009]
| Article 70 (Calculation of Period of Mandatory Service of Public Health Doctors, etc.) |
| (1) | The period of mandatory service of public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates, or public quarantine veterinarians shall be computed from the first day of service in the pertinent field. <Amended on Jul. 21, 2010; Jun. 14, 2016; Nov. 29, 2016> |
| (2) | No period of mandatory service of public health doctors or doctors exclusively in charge of the draft physical examination that falls under any of the following subparagraphs shall be included in the mandatory period of service. In such cases, the Minister of Health and Welfare or the director of the regional military manpower office shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence: <Amended on Mar. 15, 2010; Nov. 29, 2016> |
| 1. | The resident training period; |
| 2. | The period during which the person could not serve for at least 30 days due to grounds unrelated to his duty, such as hospitalization, recuperation, etc. |
| (3) | Deleted. <Jun. 14, 2016> |
| (4) | No period of mandatory service during which a public-service advocate could not serve for at least 30 days due to grounds unrelated to his duty, such as hospitalization and recuperation, shall be included in the mandatory service period of the public-service advocate. In such cases, the Minister of Justice shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence. <Amended on Jun. 14, 2016; Nov. 29, 2016> |
| (5) | No period of mandatory service during which a public quarantine veterinarian could not serve for at least 30 days due to grounds unrelated to his duty, such as hospitalization and recuperation, shall be included in the mandatory service period of the public quarantine veterinarian. In such cases, the Minister of Agriculture, Food and Rural Affairs shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence. <Amended on Jul. 21, 2010; Mar. 23, 2013; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 70-2 (Remaining Period of Service, etc. of Public Health Doctors, etc. due to Desertion, etc. from Service) |
| (1) | When the Minister of Health and Welfare, the Commissioner of the Military Manpower Administration, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs files an accusation against any public health doctor, doctor exclusively in charge of the draft physical examination, public-service judge advocate, or public quarantine veterinarian who falls under subparagraphs 2 through 4 of Article 89-2 of the Act, with the head of an investigative agency in accordance with Article 165 (2), he/she shall compel the relevant person to cease to perform service. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Jun. 14, 2016; Nov. 29, 2016> |
| (2) | When the Commissioner of the Military Manpower Administration cancels the enlistment of a person whose service has been terminated as prescribed in paragraph (1) as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service judge advocate, or public quarantine veterinarian in accordance with Articles 35 (4), 35-2 (4), and 35-3 (4) of the Act, he/she shall notify the director of the relevant regional military manpower office thereof. <Amended on Jul. 21, 2010; Jun. 30, 2015; Jun. 14, 2016; Nov. 29, 2016> |
| (3) | With regard to persons released without sentencing, or who were sentenced and the execution thereof has been completed or granted a stay of execution or has been confirmed the sentence will not be executed, among persons whose transfer has been cancelled in accordance with Articles 35 (4), 35-2 (4), and 35-3 (4) of the Act, the director of the regional military manpower office shall call them up to perform service as social service personnel. <Amended on Dec. 4, 2013; Jun. 30, 2015> |
| (4) | Deleted. <Jun. 30, 2015> |
| (5) | The service period of a public health doctor, doctor exclusively in charge of the draft physical examination, public service advocate, and public quarantine veterinarian drafted into active duty service or called up to serve as social service personnel under Article 35 (3), 35-2 (3), and 35-3 (2) of the Act shall be calculated as follows, in which decimal fractions shall be rounded off: <Newly Inserted on Jul. 14, 2011; Dec. 4, 2013; Jun. 30, 2015; Jun. 14, 2016; Nov. 29, 2016> |
| 1. | The service period of a person who shall be enlisted for active duty service: (Previous mandatory service period ? Number of days in service) ÷ Previous mandatory service period × Mandatory service period of active duty servicemen; |
| 2. | The service period of personnel who shall be called to serve as social service personnel: (Previous mandatory service period ? Number of days for which they have served) ÷ Previous mandatory service period × Mandatory service period of social service personnel. |
| (6) | “A person whose remaining period of service is less than six months as prescribed by Presidential Decree” in the latter part of Articles 35 (3), 35-2 (3) and 35-3 (2) of the Act means a person in whose case the service period calculated according to the formula set forth in paragraph (5) 1 is less than six months, respectively. <Newly Inserted on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Jul. 14, 2011]
| Article 71 (Completion of Service of Public Health Doctors, etc.) |
| (1) | Where the service period of public health doctors, public-service judge advocates, or public quarantine veterinarians is to expire, the Minister of Health and Welfare, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs shall forward a list, military service records of supplementary service, and military service certificates of those whose service period is to expire, to the Commissioner of the Military Manpower Administration by no later than the 10th day of the month preceding the month in which the service period expires. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Jun. 14, 2016> |
| (2) | The Commissioner of the Military Manpower Administration shall forward the clearance of the expiration of service which specifies the date of completion of mandatory service and the military service certificate which records and organizes the fact of the expiration, to the Minister of Health and Welfare, the director of the regional military manpower office, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs on the first day of the month in which the period of service expires and shall have the military service certificate issued to a person in question on the day his mandatory service expires. <Amended on Mar. 15, 2010; Mar. 23, 2013; Jun. 14, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
SECTION 3 Service of Expert Research Personnel and Industrial Technical Personnel
| Article 72 (Standards for Selection of Military Service-Designated Entities, such as Research Institutes) |
| (1) | Standards for selection of research institutes with which expert research personnel will serve are as follows: <Amended on Oct. 1, 2010; Jun. 24, 2011; Mar. 23, 2013; May 31, 2013; Sep. 25, 2015; Nov. 29, 2016> |
| 1. | A research institute in the field of natural science with at least five personnel responsible for research (referring to two personnel in cases of an affiliated research institute of a small or medium enterprise under Article 2 of the Framework Act on Small and Medium Enterprises (hereinafter referred to as “small or medium enterprise”)) who hold at least a master's degree in the field of natural science; |
| 2. | A research institute in the field of humanities and social sciences with at least ten personnel responsible for research who hold at least a master's degree in the field of humanities and social sciences; |
| 3. | A research institute designated in accordance with the Specific Research Institutes Support Act (in cases of the Korea Science and Technical Institute, the Gwangju Science and Technology Institute, and the Daegu Gyeongbuk Institute of Science and Technology, the course of a doctorate degree in the field of natural science and the affiliated research institutes are included; hereinafter the same shall apply); |
| 5. | A graduate school in the field of natural science established in accordance with the Higher Education Act and an affiliated university research institute recognized by the Minister of Education (hereinafter referred to as "university research institute"); |
| (2) | Standards for selection of key industrial enterprises with which industrial technical personnel will serve are as follows: <Amended on Nov. 29, 2016> |
| 1. | For the manufacturing industry: A manufacturing enterprise or enterprise engaged in information processing; |
| 2. | For the energy industry: A development and maintenance enterprise or oil refining and natural gas enterprise; |
| 3. | For the mining industry: An enterprise which maintains at least ten personnel and which operates the business of mining minerals (excluding coal), or enterprise which is engaged in ore dressing and smelting or in mining over 12,000 tons of coal annually; |
| 4. | For the construction industry: An enterprise which maintains at least 100 personnel and which has earned a domestic or overseas construction license or registration and operates domestic or overseas construction; |
| 5. | For the fisheries industry: An enterprise which owns at least five fishing vessels (including leased vessels) or an enterprise which owns a vessel of at least 500 gross tonnage in total, both of which operate deep sea fishing or coastal fishing; |
| 6. | For the marine transportation industry: An enterprise which owns a vessel of at least 1,500 gross tonnage in total and which engages in maritime shipment, or an enterprise which manages a ship of at least 5,000 gross tonnage in total, for overseas service. |
| (3) | Standards for selection of research institutes and defense enterprises in the field of the defense industry with which expert research personnel or industrial technical personnel will serve are as follows: <Amended on Nov. 29, 2016> |
| 2. | A defense enterprise: An enterprise designated in accordance with the Defense Acquisition Program Act (including military maintenance units; hereinafter the same shall apply). |
| (4) | Matters relating to the detailed selection criteria for military service-designated entities where expert research personnel and industrial technical personnel will serve under paragraphs (1) through (3) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 73 (Recommendation for Selection, etc. of Military Service-Designated Entities) |
| (1) | The heads of research institutes or business entities (referring to the representatives thereof in cases of corporations; hereinafter the same shall apply) shall, when they intend to have their institutes or business entities designated as military service-designated entities under Article 36 (1) of the Act (referring to research laboratories or their branches in cases of research institutes; factories or workplaces in cases of key industrial enterprises or defense enterprises; and business entities in cases of other fields; hereinafter the same shall apply), obtain recommendation according to the following classification: <Amended on Jun. 24, 2011; Mar. 23, 2013; Nov. 29, 2016; Jul. 26, 2017> |
| 2. | For a research institute in the field of humanities and social sciences: The head of the competent central administrative agency; |
| 3. | For a university research institute: The Minister of Education; |
| 6. | For a research institute in the defense industry: The president of the Agency for Defense Development; |
| 7. | For a key industrial enterprise: The head of the competent central administrative agency; |
| 8. | For a defense enterprise (including a research institute in the defense industry where only industrial technical personnel may serve under Article 38 (1) 2 of the Act): The Chairman of the Korea Defense Industry Association. |
| (2) | The head of a research institute or an enterprise which intends to be selected as a military service-designated entity shall attach necessary documents to an application for selection as a military service-designated entity (including an application in an electronic form) and submit them to a person who has the authority to recommend military service-designated entities under paragraph (1) (hereinafter referred to as “person who has the authority to recommend military service-designated entities”) by no later than June 30 of each year: Provided, That the head of a research institute affiliated to a small or medium enterprise may submit them by no later than January 31 and June 30 of each year. <Amended on May 31, 2013; Nov. 29, 2016> |
| (3) | Any person who has the authority to recommend military service-designated entities to whom an application for selection as a military service-designated entity has been submitted as prescribed in paragraph (2) shall make a list of enterprises recommended for selection of military service-designated entities aimed at research institutes or enterprises meeting the standards under Article 72 only, and submit it to the Commissioner of the Military Manpower Administration by no later than July 31 of each year (in cases of an application for selection as a military service-designated entity which the head of a research institute affiliated to a small or medium enterprise has submitted by no later than January 31 of each year, by no later than the end of February of each year). <Amended on May 31, 2013; Nov. 29, 2016> |
| (4) | Any person who has the authority to recommend military service-designated entities who has received an application for selection as a military service-designated entity pursuant to paragraph (2) shall confirm the certificate of corporate registered matters through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Nov. 2, 2010; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 74 (Selection of Military Service-Designated Entities) |
| (1) | The Commissioner of the Military Manpower Administration shall, upon receiving a list of enterprises recommended for selection of military service-designated entities as prescribed in Article 73 (3), select military service-designated entities. <Amended on Nov. 29, 2016> |
| (2) | The Commissioner of the Military Manpower Administration shall notify the person who has the authority to recommend military service-designated entities and 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 who has jurisdiction over the administrative district in which a military service-designated entity or its business place is located; hereinafter the same shall apply) of the selection results under paragraph (1). <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 75 (Succession to Military Service-Designated Entities) |
| (1) | When an enterprise or research institute not selected as a military service-designated entity falls under any of the following subparagraphs, it shall be deemed selected as a military service-designated entity: <Amended on Nov. 29, 2016> |
| 1. | When it acquires or merges with a military service-designated entity; |
| 2. | When it acquires at least five fishing vessels, or fishing vessels of 500 gross tonnage in total, or maritime cargo ships of 1500 gross tonnage in total, from a military service-designated entity. |
| (2) | An enterprise deemed selected as a military service-designated entity under paragraph (1) shall submit documents (including documents in electronic form) determined by Ordinance of the Ministry of National Defense to the director of the competent regional military manpower office within 14 days from the date on which the registration of acquisition or merger is completed: Provided, That where information pertaining to documents submitted can be confirmed through the joint use of administrative information in accordance with Article 36 (1) of the Electronic Government Act, the director of the competent regional military manpower office shall replace submission of the documents with such confirmation. <Amended on May 4, 2010; Nov. 2, 2010; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
[Moved from Article 76; previous Article 75 moved to Article 77 <Dec. 7, 2009>]
| Article 76 (Cancellation of Selection, etc. of Military Service-Designated Entities) |
| (1) | The Commissioner of the Military Manpower Administration may cancel the selection of a military service-designated entity where it falls under any of the following: <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| 1. | Where the military service-designated entity discontinues its operations or when it ceases to operate due to bankruptcy; |
| 2. | Where the operations of the military service-designated entity are suspended for over six months, or when it has been ordered to cease operations; |
| 3. | Where the recognition or designation of the research institute is cancelled in accordance with relevant statutes; |
| 4. | Where the commissioning as a research center of the military service-designated entity in the defense industry is cancelled or when the designation as a defense enterprise is cancelled in accordance with the Defense Acquisition Program Act; |
| 5. | Where the military service-designated entity under Article 72 (1) or (2) fails to be allocated or to employ expert research personnel or industrial technical personnel for at least two consecutive years, and no expert research personnel or industrial technical personnel are in service accordingly; |
| 6. | Where the military service-designated entity fails to meet the standards for selection even after one year has passed since it failed to meet any of standards for selection provided for in Article 72, and no expert research personnel or industrial technical personnel are in service; |
| 7. | Where the military service-designated entity or its head has been finally sentenced to a fine or heavier punishment pursuant to Article 84 (1) 1, 85, 92 (1) through (3), 93 (3) or subparagraph 1 of Article 96 of the Act; |
| 8. | Where the head of the military service-designated entity (including a person in charge of service management on behalf of the head of the military service-designated entity) has been finally sentenced to a fine or heavier punishment in accordance with the Labor Standards Act for committing a violation of the said Act against the expert research personnel or industrial technical personnel. |
| (2) | When a military service-designated entity discontinues operations or when it fails to meet any of the standards for selection provided for in Article 72, the person who has the authority to recommend military service-designated entities shall notify the Commissioner of the Military Manpower Administration of such fact within 30 days from the day such cause arose. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
[Moved from Article 77; previous Article 76 moved to Article 75 <Dec. 7, 2009>]
| Article 77 (Notification and Allocation of Required Number of Personnel) |
| (1) | The head of each military service-designated entity or the head of each local government shall notify a person who has the authority to recommend military service-designated entities, the Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries of the required number of expert research personnel or industrial technical personnel by no later than June 30 of each year, according to each of the following: <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| 1. | The required number of expert research personnel or the industrial technical personnel provided for in Article 38 (1) 1 or 2 of the Act: The head of each military service-designated entity shall notify a person who has the authority to recommend military service-designated entities thereof; |
| 2. | The required number of industrial technical personnel as next-generation agricultural enterprisers: The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (including the head of a Si/Gun/Gu to whom the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor has delegated such authority; hereafter the same shall apply in this Section) shall notify the Minister of Agriculture, Food and Rural Affairs thereof; |
| 3. | The required number of industrial technical personnel in the agricultural field as listed below: The competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of Si/Gun/Gu shall notify the Minister of Agriculture, Food and Rural Affairs thereof: |
| (a) | Personnel who operate agricultural machinery of an agricultural corporation; |
| (b) | Agricultural machinery repair personnel who serve in the field of agricultural machinery after-sales service; |
| 4. | The required number of industrial technical personnel as next-generation fisheries enterprisers: The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor shall notify the Minister of Oceans and Fisheries thereof. |
| (2) | Any person who has the authority to recommend military service-designated entities shall notify the Commissioner of the Military Manpower Administration of the number of personnel required for each military service-designated entity for the following year, while the Minister of Agriculture, Food and Rural Affairs shall notify the Commissioner of the Military Manpower Administration of the number of industrial technical personnel required in the field of agriculture by a Si/Gun/Gu and the Minister of Oceans and Fisheries shall notify the Commissioner of the Military Manpower Administration of the number of industrial technical personnel required in the field of fisheries by a Si/Gun/Gu, by no later than July 31 of each year: Provided, That in cases of a research institute or an enterprise recommended for selection as a military service-designated entity for the relevant year under Article 73 (3), the notification may be made simultaneously when a list of enterprises recommended for selection as military service-designated entity is submitted. <Amended on Mar. 23, 2013; Dec. 4, 2013; Nov. 29, 2016> |
| (3) | The Commissioner of the Military Manpower Administration shall allocate, by military service-designated entity or by Si/Gun/Gu, those who may be assigned to expert research personnel service or industrial technical personnel service; where several military service-designated entities exist in a legal entity in cases of a research institute, he/she shall allocate personnel by military service-designated entity after determining personnel to be allocated by legal entity and hearing the opinion of the representative of such legal entity. In such cases, the Commissioner of the Military Manpower Administration may impose restrictions on the allocation of personnel to any enterprise that fails to properly manage the service of personnel, enterprise that has been selected as a military service-designated entity for a long time and a large enterprise, and specific matters concerning standards and methods, etc. for restricting allocation of personnel shall be determined and publicized by the Commissioner of the Military Manpower Administration. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (4) | The Commissioner of the Military Manpower Administration shall notify the heads of military service-designated entities or the heads of the competent local governments (referring to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor in cases of industrial technical personnel as next-generation agricultural or fisheries enterprisers, and referring to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu in cases of other industrial technical personnel required in the agricultural field; hereafter the same shall apply in this Section) of the number of expert research personnel and industrial technical personnel allocated for the following year through the directors of the competent regional military manpower offices. In such cases, the Commissioner of the Military Manpower Administration shall notify the representatives of legal entities of the number of expert research personnel allocated for each such legal entity. <Amended on Mar. 23, 2013; Dec. 4, 2013; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Moved from Article 75; previous Article 77 moved to Article 76 <Dec. 7, 2009>]
| Article 77-2 (Submission of Written Oaths by Heads of Military Service-Designated Entities) |
Where the head of a military service-designated entity applies for the enlistment of expert research personnel or industrial technical personnel pursuant to Article 36 (7) of the Act, he/she shall submit a written oath (including an oath in electronic form) prescribed by Ordinance of the Ministry of National Defense to the director of the competent regional military manpower office (including the head of the military manpower branch office). <Amended on Nov. 29, 2016> [This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 78 (Procedures, etc. for Transfer to Expert Research Personnel Service) |
| (1) | Detailed criteria concerning majors, degrees, etc. of persons entitled to be transferred to expert research personnel service under Article 37 (1) of the Act, including persons who have earned at least a master's degree under paragraph (1) 1 of the same Article and persons who have completed a doctorate program at a graduate school of natural science under paragraph (1) 2 of the same Article (including a doctorate program of natural science at the Korea Institute of Science and Technology, the Gwangju Institute of Science and Technology, the Daegu Gyeongbuk Institute of Science and Technology, and the Ulsan Institute of Science and Technology; hereinafter referred to as "doctorate program at a graduate school of natural science") shall be established and published by the Commissioner of the Military Manpower Administration. <Amended on Oct. 1, 2010; Dec. 4, 2013; Sep. 25, 2015> |
| (2) | Deleted. <Dec. 4, 2013> |
| (3) | Each person who intends to be transferred to expert research personnel service under paragraph (1) shall submit an application for transfer to expert research personnel service (including an application in an electronic form), accompanied by documents prescribed by Ordinance of the Ministry of National Defense, to the head of a military service-designated entity. <Amended on Nov. 29, 2016> |
| (4) | The head of a military service-designated entity in receipt of applications for transfer to expert research personnel service under paragraph (3) shall determine persons subject to recommendation within the allocated number under Article 77 (3) and submit the list of such persons to the director of the competent regional military manpower office within seven days from the date he/she receives such applications (in cases of persons in receipt of notice for enlistment or call-up, by no later than five days before the date of enlistment or call-up). <Amended on Nov. 29, 2016> |
| (5) | The director of the competent regional military manpower office in receipt of applications for transfer to expert research personnel service under paragraph (4) shall determine whether to transfer the applicants to expert research personnel service and shall notify the results thereof to the applicants through the heads of military service-designated entities. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 78-2 (Notification and Allocation of Number of those who have Completed Doctorate Programs at Graduate Schools of Natural Science Required for Transfer to Expert Research Personnel Service) |
| (1) | The head of a military service-designated entity shall notify a person who has the authority to recommend military service-designated entities of the required number of persons to be transferred to expert research personnel service under Article 37 (2) of the Act (hereinafter referred to as “persons to be transferred to expert research personnel service”) by no later than June 30 of each year. <Amended on Nov. 29, 2016> |
| (2) | Any person who has the authority to recommend military service-designated entities shall notify the Commissioner of the Military Manpower Administration of the required number of persons to be transferred to expert research personnel service for each military service-designated entity for the following year (in cases of a graduate school of natural science established under the Higher Education Act, referring to the number of personnel required for each school of science and engineering and a medical school), by no later than July 31 of each year: Provided, That in cases of a research institute recommended to be selected as a military service-designated entity for the relevant year pursuant to Article 73 (3), the notification may be made simultaneously when a list of enterprises recommended for selection of military service-designated entities is submitted. <Amended on Nov. 29, 2016> |
| (3) | The Commissioner of the Military Manpower Administration shall allocate, for each military service-designated entity, personnel who may be selected as persons to be transferred to expert research personnel service: Provided, That in cases of a graduate school of natural science established under the Higher Education Act, he/she shall allocate personnel by graduate school after classifying between a school of science and engineering and a medical school or allocate them en bloc. <Amended on Nov. 29, 2016> |
| (4) | The Commissioner of the Military Manpower Administration shall notify the heads of military service-designated entities of the allocated number of persons to be transferred to expert research personnel service for the following year through the directors of the competent regional military manpower offices: Provided, That in cases of a graduate school of natural science established under the Higher Education Act, he/she shall notify the Minister of Education of the allocated number. <Amended on Nov. 29, 2016> |
[This Article Newly Inserted on Dec. 4, 2013]
| Article 78-3 (Selection, Service Management, etc. of Persons to be Transferred to Expert Research Personnel Service) |
| (1) | Detailed selection criteria concerning majors, degrees, etc. of those who may be selected as persons to be transferred to expert research personnel service shall be established and published by the Commissioner of the Military Manpower Administration. |
| (2) | The head of each military service-designated entity and the Minister of Education (only in cases of persons to be transferred to expert research personnel service, enrolled in graduate schools of natural science established under the Higher Education Act) shall select persons to be transferred to expert research personnel service and notify the Commissioner of the Military Manpower Administration of the list of such persons, and the Commissioner of the Military Manpower Administration shall notify both the director of the competent regional military manpower office and the director of the regional military manpower office in charge of administering their military register thereof. <Amended on Nov. 29, 2016> |
| (3) | The director of the competent regional military manpower office shall notify the head of each military service-designated entity of the list of those selected to be transferred to expert research personnel service under paragraph (2) and shall administer the list of such persons. <Amended on Nov. 29, 2016> |
| (4) | The head of each military service-designated entity shall administer the list of persons to be transferred to expert research personnel service and, if any of them falls under any of the following subparagraphs, notify the director of the competent regional military manpower office thereof within 14 days: <Amended on Nov. 29, 2016> |
| 1. | Where he is expelled from the school or expunged from the school register; |
| 2. | Where he cannot complete his mandatory service period as expert research personnel by the time he reaches 35 years of age (37 years of age for expert research personnel under Article 37 (1) 3 of the Act), owing to the suspension of study, etc.; |
| 3. | Where his period of study for a doctorate degree (referring to the period of study to be eligible as a person who has completed a degree course under Article 50 (2) of the Enforcement Decree of the Higher Education Act; hereafter the same shall apply in this Section) exceeds three and a half years as he is selected to be transferred to expert research personnel service; |
| 4. | Where he is selected to be transferred to expert research personnel service but wishes to have such selection cancelled. |
| (5) | If a person to be transferred to expert research personnel service is subject to any of the subparagraphs of paragraph (4) or Article 68 of the Act, the director of the competent regional military manpower office shall cancel his selection as a person to be transferred to expert research personnel service, and notify him and the director of the regional military manpower office in charge of administering his military register thereof. |
| (6) | Any person to be transferred to expert research personnel service shall file an application for transfer to expert research personnel service with the head of the relevant military service-designated entity by no later than 14 days before he completes a doctorate program at a graduate school of natural science. <Amended on Nov. 29, 2016> |
| (7) | The head of a military service-designated entity shall, upon receipt of a transfer application pursuant to paragraph (6), submit it to the director of the competent regional military manpower office within seven days of receipt thereof. <Amended on Nov. 29, 2016> |
| (8) | The director of a regional military manpower office shall, upon receipt of a transfer application pursuant to paragraph (7), determine whether to transfer the applicant to expert research personnel service and give notice to the applicant of the results thereof through the head of the relevant military service-designated entity. <Amended on Nov. 29, 2016> |
[This Article Newly Inserted on Dec. 4, 2013]
| Article 79 (Transfer of Persons who Serve in Key Industrial Enterprises, etc. to Industrial Technical Personnel Service) |
| (1) | Persons transferable to industrial technical personnel service in accordance with Article 38 (1) 1 and 2 of the Act shall be those who serve in a military service-designated entity and meet the following criteria, and matters related to the detailed enlistment criteria, such as persons subject to enlistment by field and business classification and aptitudes required by the military, shall be determined by the Commissioner of the Military Manpower Administration: <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| 1. | Persons to be enlisted in active duty service: Persons who meet the educational criteria for technological qualifications by scholastic ability as stipulated in attached Table 2; |
| 2. | Persons in service as social service personnel and supplementary service personnel subject to call-up to serve as social service personnel: Persons who serve in the fields prescribed in Article 83 (1) 2 through 4. |
| (2) | Each person who wishes to be transferred to industrial technical personnel service under paragraph (1) shall file an application for transfer to industrial technical personnel service (including an application in an electronic form), together with documents prescribed by Ordinance of the Ministry of National Defense, with the head of a military service-designated entity. <Amended on Nov. 29, 2016> |
| (3) | The head of a military service-designated entity in receipt of applications for transfer to industrial technical personnel service pursuant to paragraph (2) shall determine persons subject to recommendation within the limit of the number allocated under Article 77 (3) and shall submit the list of such persons to the director of the competent regional military manpower office within seven days from the date of receipt of such applications (in cases of persons who have received a notice for enlistment or call-up, by no later than five days before the date of such enlistment or call-up). <Amended on Nov. 29, 2016> |
| (4) | With respect to persons who serve in the fields that fall under Article 83 (1) 2 through 4 (in cases of fisheries or maritime transportation enterprises, limited to those who serve or will serve on board a ship), the director of the competent regional military manpower office in receipt of applications for transfer to industrial technical personnel service under paragraph (3) shall transfer them to industrial technical personnel service, and shall notify the applicants thereof through the head of the military service-designated entity or the service institution. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 80 (Transfer of Technical Experts to Industrial Technical Personnel Service) |
| (1) | Those having skills of an international level under Article 38 (1) 3 of the Act (hereinafter referred to as "technical experts") who may be transferred to industrial technical personnel service shall be those who won at least third prize in the World Skills Competition. |
| (2) | Each technical expert under paragraph (1) who wishes to be transferred to industrial technical personnel service shall file an application for transfer to industrial technical personnel service (including an application in electronic form) with the director of the competent regional military manpower office (in cases of technical experts who do not serve at a military service-designated entity, referring to the director of the regional military manpower office; hereinafter the same shall apply) by not later than five days before the date of the enlistment or call-up. <Amended on Nov. 29, 2016> |
| (3) | The director of the competent regional military manpower office, in receipt of an application for transfer to industrial technical personnel service as provided for in paragraph (2), shall transfer the relevant applicant to industrial technical personnel service and shall notify the applicant thereof. |
| (4) | With regard to persons who have won at least third prize in the World Skills Competition, the Minister of Employment and Labor shall notify the Commissioner of the Military Manpower Administration of the list thereof within 30 days from the end of the competition, and the Commissioner of the Military Manpower Administration shall promptly notify the director of the competent regional military manpower office thereof. <Amended on Jul. 12, 2010> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 81 (Transfer of Persons who Serve in Field of Agriculture or Fishery to Industrial Technical Personnel Service) |
| (1) | Any of the following persons may be transferred to industrial technical personnel service in the field of fisheries or agriculture under Article 38 (1) 4 and 5 of the Act: <Amended on May 22, 2012; Dec. 20, 2012; Dec. 4, 2013; Nov. 29, 2016> |
| 1. | Next-generation agricultural enterprisers and next-generation fisheries enterprisers: Persons serving in agriculture or fisheries as next-generation agricultural or fisheries enterprisers under the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter referred to as “next-generation agricultural or fisheries enterprisers”): Provided, That this shall not apply where a member of the family under subparagraph 1 of Article 131 has been assigned to the industrial technical personnel service of next-generation agricultural or fisheries enterprisers in a place of business located in the same Si/Gun/Gu; |
| 3. | Agricultural machinery repair personnel who serve in the field of agricultural machinery after-sales service: Persons who have a national technical qualification in the field of operations and transportation, construction machinery operations, or machinery or material handling in accordance with the National Technical Qualifications Act and the Enforcement Decree thereof, serving as agricultural machinery repair personnel at agricultural machinery after-sales service establishments under the Agricultural Mechanization Promotion Act. |
| (2) | Each person who intends to be transferred to industrial technical personnel service under paragraph (1) shall file an application for transfer to industrial technical personnel service (including an application in an electronic form), together with documents prescribed by Ordinance of the Ministry of National Defense, with the head of the competent local government. In such cases, a person who intends to be transferred to industrial technical personnel service under paragraph (1) 2 or 3 shall file such documents with the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu via the head of the military service-designated entity. <Amended on May 22, 2012; Dec. 4, 2013; Nov. 29, 2016> |
| (3) | The head of the competent local government in receipt of applications for transfer to industrial technical personnel service pursuant to paragraph (2) shall determine persons subject to recommendation within the number allocated under Article 77 (3) and shall submit a list of such persons to the director of the competent regional military manpower office within seven days of the receipt of such applications (in cases of persons who have received a notice for enlistment or call-up, by no later than five days before the date of enlistment or call-up). In such cases, he/she shall prepare and attach a report on the present conditions of the enterprises with regard to agricultural machinery operation and repair personnel and shall recommend persons who serve in enterprises capable of the employment and resource management of industrial technical personnel. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (4) | The director of the competent regional military manpower office who has received applications for transfer to industrial technical personnel service under paragraph (3) shall transfer those falling under paragraphs (1) through (3) to industrial technical personnel service and shall notify the applicants of the fact via the heads of the military service-designated entities, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) or via the heads of the service institutions where the applicants serve as social service personnel. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 81-2 (Restrictions on Transfer to Expert Research Personnel Service and Industrial Technical Personnel Service) |
| (1) | The head of each military service-designated entity shall, upon receiving any application for transfer to expert research personnel service or industrial technical personnel service under Articles 78, 79, and 81 or any application to change job of a member of the expert research personnel or industrial technical personnel from the head of another military service-designated entity under Article 85, confirm whether the relevant applicant is a relative by blood within the fourth degree of relationship under Article 38-2 of the Act (hereafter referred to as "person subject to restrictions" in this Article). <Amended on Nov. 29, 2016> |
| (2) | The head of each military service-designated entity shall file an application with the director of the competent regional military manpower office to transfer to expert research personnel service or industrial technical personnel service or to change job of a member of the expert research personnel or industrial technical personnel, with regard to those who are not persons subject to restrictions only, as a result of the confirmation referred to in paragraph (1). <Amended on Nov. 29, 2016> |
| (3) | The director of the competent regional military manpower office may, when it is deemed necessary to confirm whether any applicant is a person subject to restrictions after receiving an application filed under paragraph (2), request the head of the military service-designated entity to submit relevant documents, including a certificate relating to matters of such head's family relationship, and to state his/her opinion, and the head of the military service-designated entity so requested shall comply with such request. In such cases, the director of the competent regional military manpower office shall confirm the certificate of corporate registered matters through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Nov. 2, 2010; Nov. 29, 2016> |
| (4) | Necessary matters concerning the submission and management of relevant documents, the time and method for stating opinions, etc. under paragraph (3) shall be determined and published by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 82 (Administration of Human Resources including Expert Research Personnel) |
| (1) | The head of the competent regional military manpower office shall manage a list of expert research personnel (or industrial technical personnel) and the military service records of persons transferred to expert research personnel service and industrial technical personnel service under Articles 78 through 81. |
| (2) | The head of each military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) shall manage the mandatory service of persons transferred to expert research personnel service or industrial technical personnel service in the relevant enterprises or jurisdictional areas: Provided, That in cases of a military service-designated entity in the fisheries or maritime transportation industry, the service of such persons may be managed for each branch or subbranch office of the military service-designated entity located in a harbor area. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (3) | The head of the military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor who manages service as prescribed in paragraph (2) shall manage a list and the military service records of expert research personnel or industrial technical personnel (hereinafter referred to as "military service records"), and matters related to service, such as the suspension of business, discontinuation of business or closure of business of the military service-designated entity, the inbound transfer of the expert research personnel or the industrial technical personnel from another military service-designated entity or area, leave of absence, suspension of service, secondment, changes in the assigned service, education and training, embarkation and disembarkation of ships, sick leave, overseas travel, study for a doctorate degree and call for military education, shall be entered in the military service records. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (4) | The head of the competent local government shall manage a register of industrial technical personnel concerning those transferred to industrial technical personnel service in the field of agriculture and fisheries pursuant to Article 81 and examine the following matters at least monthly according to the form of service evaluation of industrial technical personnel in the field of agriculture and fisheries: <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| 1. | Matters regarding the status of service of industrial technical personnel as next-generation agricultural or fisheries enterprisers to be examined: |
| (a) | Whether the industrial technical personnel serve in the relevant field at the time of transfer; |
| (b) | Whether a next-generation agricultural or fisheries enterpriser is qualified as such; |
| (c) | Whether a next-generation agricultural or fisheries enterpriser has changed his place of business; |
| (d) | Other matters related to the mandatory service of industrial technical personnel as next-generation agricultural or fisheries enterprisers; |
| 2. | Matters regarding the status of service of industrial technical personnel engaged in operating or repairing agricultural machinery examined: |
| (a) | Whether any of the industrial technical personnel engaged in operating or repairing agricultural machinery has been dismissed or has resigned; |
| (b) | Whether the industrial technical personnel serve in the relevant field at the time of transfer; |
| (c) | Whether their technical qualifications or licenses have been cancelled or suspended; |
| (d) | Whether the military service-designated entity has suspended or discontinued its business or its business has been suspended; |
| (e) | Whether the military service-designated entity is renamed or relocated; |
| (f) | Notices of changes in status and situations of human resource management by the head of the military service-designated entity; |
| (g) | Other matters related to the mandatory service of the industrial technical personnel engaged in operating or repairing agricultural machinery. |
| (5) | The head of the competent local government shall prepare findings of examination of status of service of industrial technical personnel in the field of agriculture or fisheries under paragraph (4) as of the end of every quarter and notify the director of the competent regional military manpower office of the results by the 15th day of the following month. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 83 (Pertinent Fields, etc. where Expert Research Personnel and Industrial Technical Personnel are to Serve) |
| (1) | Expert research personnel and industrial technical personnel under Article 39 of the Act shall serve in the following fields and be prohibited from concurrently performing other duties: <Amended on Dec. 20, 2012; Dec. 4, 2013; Nov. 29, 2016> |
| 1. | Expert research personnel: A field of research at the time of transfer to expert research personnel service or any field recognized by the Commissioner of the Military Manpower Administration: Provided, That any member of the expert research personnel who serves at a university research institute may concurrently serve as an assistant; |
| 2. | Industrial technical personnel who serve with key industrial enterprises in the manufacturing, mining, or energy industry or in the defense industry: |
| (a) | Persons subject to enlistment as active duty servicemen: A service field requiring the relevant national technical qualifications under the National Technical Qualifications Act and the Enforcement Decree thereof at the time they are transferred to industrial technical personnel service (for persons serving in the field of information processing under Article 38 (2) of the Act, referring to a field requiring the relevant national technical qualifications at the time they are transferred to industrial technical personnel service): Provided, That where they obtain approval from the director of a regional military manpower office, they may serve in the field of production or manufacturing, other than the said field of service; |
| (b) | Persons in service as social service personnel and persons in supplementary service subject to a call-up to serve as social service personnel: A field of production or manufacturing or a field of transportation of raw materials, manufactured goods and products; |
| 3. | Industrial technical personnel who serve with key industrial enterprises in the field of construction: A field requiring the relevant national technical qualifications under the National Technical Qualifications Act and the Enforcement Decree thereof in the domestic or overseas construction business: Provided, That in cases of persons transferred to industrial technical personnel service who serve as social service personnel and supplementary service personnel subject to call-up to serve as social service personnel, a field of construction site in the domestic or overseas construction business; |
| 4. | Industrial technical personnel who serve with key industrial enterprises in the field of fisheries and maritime transportation: A field requiring a license of a certified marine technician pursuant to the Ship Personnel Act or a field requiring the relevant national technical qualifications pursuant to the National Technical Qualifications Act and the Enforcement Decree thereof, among fields related to vessel embarkation in an ocean, or coastal or marine transportation business (in cases of persons transferred to industrial technical personnel service who serve as social service personnel and supplementary service personnel subject to a call-up to serve as social service personnel service, a field of onboard ship service). In such cases, where a member of the personnel leaves a vessel during his service on board the vessel, he shall get on board a vessel owned by the enterprise he is serving with within three months (excluding the period of a paid vacation provided for in the Seafarers Act), and the period during which he is off the ship shall not exceed a total of three months per year subject to mandatory service, unless any extenuating circumstances exist; |
| 5. | Industrial technical personnel who are technical experts: A field of pertinent technical skill at the time of transfer to industrial technical personnel service; |
| 6. | Industrial technical personnel who serve in the field of farming or fishing: A field of farming or fishing, operation of agricultural machinery, or agricultural machinery after-sale service at the time of transfer to industrial technical personnel service. |
| (2) | When it is impracticable to serve in the pertinent field pursuant to paragraph (1) because the payment of wages is in arrears for at least three months due to disruption of management of a military service-designated entity, etc. or because the operation of a military service-designated entity is suspended due to bankruptcy, etc. during the period of mandatory service, expert research personnel or industrial technical personnel shall report to the director of the competent regional military manpower office within 30 days from the date such cause occurs. <Amended on Nov. 29, 2016> |
| (3) | The service period of a person transferred to industrial technical personnel service while in service as a member of the social service personnel in accordance with Article 39 (1) 2 of the Act shall be calculated as follows, in which decimal fractions shall be rounded off: <Newly Inserted on Nov. 29, 2016>(Previous mandatory service period ? Number of days in service) ÷ Previous mandatory service period × Mandatory service period of industrial technical personnel. |
| (4) | Persons transferable to expert research personnel service or industrial technical personnel service shall submit a written oath of faithful service under Article 39 (4) of the Act (including such oath in an electronic form), as determined by Ordinance of the Ministry of National Defense, to the director of the competent regional military manpower office. <Amended on Nov. 29, 2016> |
| (5) | The director of the competent regional military manpower office may provide education for expert research personnel and industrial technical personnel about matters they have to abide by and systems involving them during mandatory service, as prescribed by the Commissioner of the Military Manpower Administration, and may request the head of a military service-designated entity to cooperate in providing such education. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 84 Deleted. <May 27, 1997> |
| Article 85 (Change of Jobs by Expert Research Personnel and Industrial Technical Personnel) |
| (1) | Expert research personnel and industrial technical personnel shall serve in a military service-designated entity at the time of their transfer: Provided, That where any of the following subparagraphs is applicable during the period of mandatory service, they shall serve in another military service-designated entity in the pertinent field as prescribed in Article 83: <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| 1. | When the military service-designated entity where they are in service discontinues operations or when its designation is cancelled; |
| 2. | When the military service-designated entity where they are in service suspends operations for at least six months or when it is ordered to cease operations; |
| 3. | When recognition as an after-sales service entity of agricultural machinery is cancelled; |
| 4. | When persons who have completed a doctorate program at a graduate school of natural science and have been transferred to expert research personnel service (hereinafter referred to as “expert research personnel from a graduate school of natural science”) pursuant to Article 37 (1) 2 and 3 of the Act earn a doctorate degree from the pertinent graduate school. |
| (2) | When expert research personnel or industrial technical personnel fall under any of the following subparagraphs, notwithstanding the main clause of paragraph (1), they may serve in another military service-designated entity after obtaining approval from the director of the competent regional military manpower office. In such cases, the change of military service-designated entity pursuant to subparagraph (1) (b) shall be limited to two times during the whole period of mandatory service: <Amended on Mar. 29, 2011; May 31, 2013; Dec. 4, 2013; Nov. 4, 2014; Nov. 29, 2016; Dec. 24, 2019> |
| 1. | Where each of the following periods has elapsed from the time they were transferred to expert research personnel service (excluding expert research personnel from a graduate school of natural science) or industrial technical personnel service (where they moved to another military service-designated entity, the time of such movement): |
| (a) | Expert research personnel: One and half years; |
| (b) | Industrial technical personnel: One year; |
| 2. | Where expert research personnel from a graduate school of natural science intend to serve at another research institute which is a military service-designated entity; |
| 3. | Where it is necessary to change a job for the production of materials of the defense industry or when personnel are unable to serve in the pertinent field of the military service-designated entity due to occurrence of such extenuating circumstances as closure, relocation, reduction, etc. of production equipment or field of research; |
| 4. | Where personnel who were serving aboard a ship get off the ship on account of the expiration of the contracted period of employment or when re-boarding the ship within a period provided for in the latter part of Article 83 (1) 4 is deemed difficult due to repair, etc. of the ship; |
| 5. | Where the payment of wages is in arrears for at least three months due to disruption of management of the affiliated military service-designated entity, etc., or such entity has suspended business or has been issued a disposition for suspension of business; |
| 6. | Where a person dismissed from a military service-designated entity files an application for relief to the Labor Committee or institutes a lawsuit in which the effect of dismissal is disputed to a court of law, resulting in a confirmation that the dismissal was unlawful or unfair; |
| 7. | Where expert research personnel serving in a research institute, other than a research institute affiliated with a small or medium enterprise, intend to move to a research institute affiliated with a small or medium enterprise and to serve therein; |
| 8. | Where a person who has been compelled to commit an offense following an instruction from the head of a military service-designated entity files a report thereon under Article 91-3 (3) (limited to the relevant reporting person in cases of transfer); |
| 9. | Where a person who has been damaged by a violation of the head of a military service-designated entity (including a person in charge of service administration on behalf of the head of a military service-designated entity) notifies the Minister of Labor and Employment under Article 104 (1) of the Labor Standards Act or the labor inspector of the offense, confirmed unlawful or wrongful; |
| 13. | Where there exist unavoidable reasons publicly notified by the Commissioner of the Military Manpower Administration, such as occurrence of safety problems. |
| (3) | Notwithstanding the former part of paragraph (2), where any transfer is made to another military service-designated entity within the same corporation, notification of changes in status referred to in Article 91 (1) 8 shall replace the approval from the director of a regional military manpower office. <Newly Inserted on Nov. 4, 2014; Nov. 29, 2016> |
| (4) | Expert research personnel or industrial technical personnel who intend to be transferred to another military service-designated entity under paragraphs (1) through (3), shall move to and serve at another military service-designated entity within three months (14 days in cases falling under paragraph (2) 1, 2, or 7) from the date the ground for such transfer arises, or when the approval for the transfer is obtained (any personnel who serve on board a ship shall be transferred within three months from the date they are off the ship), and the period of standby for a transfer to another military service-designated entity shall be deemed the period of service in the pertinent field: Provided, That if the director of the competent regional military manpower office deems the extension of a waiting period for the change of a military service-designated entity to be necessary for any inevitable reason, he/she may extend such waiting period up to three months. <Amended on Nov. 4, 2014; Jun. 14, 2016; Nov. 29, 2016> |
| (5) | Where expert research personnel or industrial technical personnel are transferred to and serve at another military service-designated entity pursuant to paragraphs (1) through (4), the head of the military service-designated entity shall forward their military service records to the head of the military service-designated entity where they serve anew: Provided, That where another military service-designated entity to which expert research personnel or industrial technical personnel are to be transferred for service is not determined when any ground prescribed in the subparagraphs of paragraph (1) arises, the head of the military service-designated entity shall forward their military service records to the director of the competent regional military manpower office. <Amended on Nov. 4, 2014; Nov. 29, 2016> |
| (6) | Expert research personnel or industrial technical personnel seeking to move to and serve at another military service-designated entity pursuant to paragraph (2) shall file an application for approving transfer with the head of the military service-designated entity for which they are serving: Provided, That where they intend to move to another military service-designated entity pursuant to paragraph (2) 6 or 8 through 13, they may file an application directly with the director of the competent regional military manpower office. <Amended on Mar. 29, 2011; Nov. 4, 2014; Nov. 29, 2016; May 28, 2018> |
| (7) | The head of each military service-designated entity shall, in receipt of an application for approving transfer (including any application in an electronic form) as prescribed in the main clause of paragraph (6), enter his opinion on the transfer in the application for approving the transfer (including in an electronic form) and forward it to the director of the competent regional military manpower office. <Amended on Nov. 4, 2014; Nov. 29, 2016> |
| (8) | The director of the competent regional military manpower office shall, in receipt of an application for transfer as prescribed in the proviso to paragraph (6), notify the head of the military service-designated entity at which the applicant is serving and the applicant in question as to whether he approves it; where he has received an application for transfer as prescribed in paragraph (7), he shall notify the head of the military service-designated entity at which such applicant is serving of whether he approved it and the head of the military service-designated entity shall notify the applicant thereof. In such cases, the director of the competent regional military manpower office shall, when he approves the applicant's transfer to a military service-designated entity in an area outside his jurisdiction, notify the director of the relevant regional military manpower office of such fact. <Amended on Nov. 4, 2014; Nov. 29, 2016> |
| (9) | Matters necessary for detailed procedures and methods concerning approval granted by the director of the competent regional military manpower office pursuant to paragraph (2) shall be prescribed by the Commissioner of the Military Manpower Administration. <Newly Inserted on Jun. 14, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 86 (Exceptions to Mandatory Service of Industrial Technical Personnel) |
| (1) | Any technical expert transferred to industrial technical personnel service as provided for in Article 38 (1) 3 of the Act may move to and serve at another military service-designated entity or serve individually in the technical field in which he served as at the time of transfer (including service at an entity other than a military service-designated entity), notwithstanding the provisions of Article 85, and where he serves individually, he shall submit a report on changes in status of technical experts (including any report compiled in an electronic form) with regard to changes in status as prescribed in Article 91 to the director of the competent regional military manpower office who had jurisdiction over him as at the time of his transfer to industrial technical personnel service within 14 days from the date a ground therefor arose. <Amended on Nov. 29, 2016> |
| (2) | Next-generation agricultural or fisheries enterprisers transferred to industrial technical personnel service or persons who serve as personnel who operate agricultural machinery of an agricultural corporation in accordance with Article 81 (1) 1 and 2 may, notwithstanding the provisions of Article 83, serve in any of the following fields only during the leisure season for farmers, and such period shall be deemed the period served in the relevant field: <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| 1. | When next-generation agricultural or fisheries enterprisers serve in profit-making activities outside the scope of agriculture; |
| 2. | When the personnel who operate agricultural machinery of an agricultural corporation serve in tasks, other than the operation of agricultural machinery, which are within the purposes of the founding of the relevant corporation. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 87 (Educational Training, Service while on Dispatch, etc.) |
| (1) | When the head of each military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) intends to request any expert research personnel or industrial technical personnel to undergo domestic educational training related to the relevant field, or perform a service while on dispatch within Korea in order to perform the related duties (including an official travel; hereafter the same shall apply in this Section) during the mandatory service period, he/she shall obtain approval from the director of the competent regional military manpower office within the extent listed in the following subparagraphs, by submitting an application for approval for educational training or application for approval for service while on dispatch, with a copy of their military service records; and such period of domestic educational training, or domestic service while on dispatch shall be deemed the period for which the relevant person has served in the relevant field of the military service-designated entity: Provided, That approval for domestic educational training or domestic service while on dispatch, or service while on dispatch between military service-designated entities, not exceeding three months, shall be substituted by notification of changes in status under Article 91: <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| 1. | Domestic educational training: A total period of six months during the period of mandatory service; |
| 2. | Domestic service while on dispatch: A total period of two years during the period of mandatory service: Provided, That in cases of industrial technical personnel, a total period of one year. |
| (2) | Approval for domestic service while on dispatch granted by the director of the competent regional military manpower office as prescribed in paragraph (1) shall be limited to domestic service while on dispatch according to the following classification: <Amended on Nov. 29, 2016> |
| 1. | In cases of expert research personnel, a domestic service while on any of the following dispatch: |
| (a) | Dispatch between military service-designated entities belonging to the same corporation to perform related duties; |
| (b) | Dispatch for joint research between military service-designated entities or to research institutes belonging to the same corporation or another corporation, which are not military service-designated entities; |
| (c) | Other dispatch recognized by the Commissioner of the Military Manpower Administration as necessary to conduct trial operation, technical guidance, etc. in the field of research and development; |
| 2. | In cases of industrial technical personnel, a domestic service while on any of the following dispatch: |
| (a) | Dispatch between military service-designated entities of the same type or field of business; |
| (c) | Other dispatch recognized by the Commissioner of the Military Manpower Administration as necessary to provide technical guidance for the installation or trial operation of machinery, equipment, etc. manufactured or produced. |
| (3) | The director of the competent regional military manpower office shall, in receipt of an application for approving educational training or an application for approving service while on dispatch under paragraph (1), notify the head of the relevant military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) as to whether to approve it. In such cases, the head of the relevant military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) shall notify the principal of such fact. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (4) | Where expert research personnel or industrial technical personnel wish to take an overseas trip, including overseas training or business trips for performance of duties related to the relevant area during the mandatory service period, they shall obtain permission for overseas trips or extension of the period of overseas trips by the Commissioner of the Military Manpower Administration pursuant to Articles 145 and 147, and the period shall be within one year out of the mandatory service period. In such cases, the total period of overseas trips within three months out of the mandatory service period shall be deemed the period during which they serve in the relevant field and where expert research personnel obtain permission for overseas trips as they fall under grounds prescribed by the Commissioner of the Military Manpower Administration, such as joint research, technology training or technology guidance related to the relevant field, the period of overseas trips shall be deemed the period during which they serve in the relevant field. <Amended on Jun. 30, 2015; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 88 (Pursuit of Academic Degree by Expert Research Personnel and Industrial Technical Personnel) |
| (1) | Expert research personnel and industrial technical personnel shall not pursue an academic degree (referring to attending any lecture or taking any course for the purpose of acquiring credits necessary to be recognized as having completed a degree course under Article 50 (2) of the Enforcement Decree of the Higher Education Act; hereinafter the same shall apply) at an educational institution during their period of mandatory service: Provided, That this shall not apply where they fall under any of the following subparagraphs: <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| 1. | Where they are pursuing an academic degree in a night school, or broadcast and communications school; |
| 2. | Where expert research personnel pursue a doctoral degree in a domestic educational institution: Provided, That it is limited to a person who may complete his period of mandatory service by the time he reaches 35 years of age, and the schooling period shall not exceed three and a half years. |
| (2) | Where expert research personnel intend to pursue a doctorate program pursuant to paragraph (1) 2, they shall apply for schooling with the head of the military service-designated entity and the head of the military service-designated entity who has received the application shall determine the period of schooling and notify the director of the competent regional military manpower office of the changes in status pursuant to Article 91. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (3) | When expert research personnel pursue an academic degree in violation of paragraphs (1) and (2), or when industrial technical personnel pursue an academic degree in violation of paragraph (1), they shall be not deemed to have served in the pertinent field of the military service-designated entity as at the time of their transfer under subparagraph 2 of Article 40 of the Act. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 89 (Calculation of Period of Mandatory Service) |
| (1) | The period of mandatory service of expert research personnel and industrial technical personnel shall be calculated from the date they are transferred to expert research personnel service and industrial technical personnel service (for persons transferred to industrial technical personnel service and are expected to work on board a ship in the field of fisheries or maritime transportation, the period of mandatory service shall be calculated from the date they board the ship). <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (2) | The period of mandatory service of expert research personnel and industrial technical personnel which falls under any of the following subparagraphs shall be excluded from the period of mandatory service: Provided, That the same shall not apply, with respect to the period during which industrial technical personnel actually served for operation, etc. of facilities and equipment in cases under subparagraph 3, and with respect to the period of overseas travel where expert research personnel obtain permission for the overseas travel because they fall under such causes as joint research, technical training, technical guidance, etc. related to the pertinent field, as prescribed by the Commissioner of the Military Manpower Administration in cases under subparagraph 4: <Amended on Jun. 30, 2015; Jun. 14, 2016; Nov. 29, 2016> |
| 1. | The period of pursuit of a doctorate degree; |
| 2. | The period of leave of absence (excluding any period of leave of absence granted due to injuries, diseases, or physical trouble in the course of performing duties under Article 78 (1) or 80 of the Labor Standards Act) or the period of suspension from office; |
| 3. | The period of suspension of operations, shutdown, or ordered cessation of operations of a military service-designated entity; |
| 4. | The period of an overseas travel exceeding a total of three months, or of vacation, temporary rest from service, and absence due to a disease exceeding a total of 30 days, during the period of mandatory service; |
| 5. | The period during which persons who are to serve on board a ship which exceeds the period of standby due to unavoidable circumstances prescribed in the latter part of Article 83 (1) 4; |
| 6. | The progressive period, where a person dismissed from a military service-designated entity files an application for relief to the Labor Committee or institutes a lawsuit in which the effect of dismissal is disputed in a court of law, resulting in the confirmation that the dismissal is lawful; |
| 7. | The period exceeding three months (14 days for Article 85 (2) 1, 2 and 7) during a waiting period for a change of a military service-designated entity; |
| 8. | The period for which he has not served in the relevant field of a military service-designated entity when he is enlisted under the proviso to Article 41 (1) of the Act; |
| 9. | The period during which he is absent from duty without leave for less than a total of eight days during the period of mandatory service. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 90 (Expiration of Period of Mandatory Service) |
| (1) | The head of a military service-designated entity or a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) shall furnish a list of persons whose period of mandatory service as expert research personnel and industrial technical personnel is to expire, their military service certificates, and their military service records to the director of the competent regional military manpower office by the 10th day of the month prior to the expiration of the period of mandatory service. In such cases, the head of a military service-designated entity who employs industrial technical personnel engaged in operating or repairing agricultural machinery shall forward such documents to the director of the competent regional military manpower office via the competent Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (2) | When expert research personnel and industrial technical personnel are due to complete their mandatory service, the director of the competent regional military manpower office shall record the date when they are to complete their mandatory service by the first day of the month on which the period of mandatory service expires; issue the disposition of expiration of military service; notify the director of the regional military manpower office and the head of the military service-designated entity of the above-mentioned contents; and forward to the relevant person a certificate in which the details of that execution are recorded and arranged via the head of the relevant military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers). <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (3) | When expert research personnel and industrial technical personnel have not been called for military education during the period of mandatory service due to reasons such as overseas service or service on board a ship, the disposition of expiration of service shall be held in abeyance, and the expiration of service shall be waived, following the call for military education. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 91 (Notification of Changes in Status, etc.) |
| (1) | Where expert research personnel, industrial technical personnel, or a military service-designated entity falls under any of the reasons prescribed in Article 40 of the Act or any of the following subparagraphs, the head of the relevant military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) shall notify the director of the competent regional military manpower office (via the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor or head of a Si/Gun/Gu for the head of the military service-designated entity who employs industrial technical personnel engaged in operating or repairing agricultural machinery) thereof within 14 days. In such cases, where any event falling under subparagraph 6 of Article 40 of the Act and any of subparagraphs 5 through 7 of this paragraph occurs, he/she shall also notify the person who has the authority to recommend military service-designated entities of such fact: <Amended on Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016> |
| 1. | Where the location of a business site of a next-generation agricultural or fisheries enterpriser is changed; |
| 2. | Where there exist any vacation, temporary leave from service and absence exceeding a total of 30 days due to a disease, during the period of mandatory service; |
| 3. | Where domestic educational training or service is provided while on dispatch for the execution of related tasks for less than three months during the period of mandatory service; |
| 4. | Where expert research personnel from a graduate school of natural science obtain a doctorate from the graduate school; |
| 5. | Where the operations of the military service-designated entity are suspended due to bankruptcy; |
| 7. | Where the title of the military service-designated entity or its type of business is altered, the size and research field of the research institute is altered, the research institute is relocated, or the registration of an agricultural machinery after-sales service establishment is cancelled; |
| 8. | Where any transfer is made to another military service-designated entity within the same corporation; |
| 9. | Where they are absent from their duties without obtaining permission therefor; |
| 10. | Where service while on dispatch is performed between military service-designated entities; |
| 11. | Where the expert research personnel study in a doctorate program pursuant to Article 88 (1) 2. |
| (2) | When the director of the competent regional military manpower office finds that a military service-designated entity closes down, ceases, closes or discontinues its operations, or is notified of the change of the military service-designated entity in accordance with paragraph (1) 5 through 7, he/she shall report to the Commissioner of the Military Manpower Administration within seven days. <Amended on Nov. 29, 2016> |
| (3) | Where the period of domestic educational training or dispatch service does not exceed seven days notwithstanding paragraph (1) 3 and 10, military service records shall be entered and filed in lieu of notice of changes in status. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 91-2 (Deferment of Cancellation of Transfer to Expert Research Personnel Service, etc.) |
| (1) | When a person dismissed from office during the period of his mandatory service after having been transferred to expert research personnel service or industrial technical personnel service wishes deferment of the cancellation of transfer pursuant to the proviso to Article 41 (1) of the Act, he shall submit an application for deferment of cancellation of transfer to expert research personnel service or industrial technical personnel service (including any application in electronic form) to the director of the competent regional military manpower office within 30 days from the date of dismissal from the military service-designated entity. <Amended on Nov. 29, 2016> |
| (2) | The director of the competent regional military manpower office shall, when receiving an application for deferment of the cancellation of transfer to expert research personnel service or industrial technical personnel service pursuant to paragraph (1), make a decision thereon and then notify the applicant of the result thereof. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 91-3 (Extended Service, etc. of Expert Research Personnel, etc.) |
| (1) | "Cause prescribed by Presidential Decree" in the proviso to Article 41 (1) of the Act means any case where a person falling under subparagraph 2 of Article 40 of the Act commits a violation against his will under the direction of the head of the military service-designated entity concerned. <Amended on Nov. 29, 2016> |
| (2) | Standards for extending the mandatory service period under the proviso to Article 41 (1) of the Act shall be as shown in attached Table 3. <Amended on Nov. 29, 2016> |
| (3) | When a person who has been compelled to commit an offense by an instruction from the head of the military service-designated entity concerned files a report thereon to the director of the competent regional military manpower office within 30 days therefrom, his mandatory service period needs not be extended, notwithstanding the provisions of paragraph (2). <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 92 (Disposition of Persons whose Transfer to Expert Research Personnel Service, etc. has been Cancelled) |
| (1) | When any person's transfer to expert research personnel service or industrial technical personnel service has been cancelled pursuant to Article 41 (1) of the Act, the head of a military service-designated entity shall forward such person's military service record to the director of the competent regional military manpower office. <Amended on Nov. 29, 2016> |
| (2) | With respect to a person whose transfer to expert research personnel service or industrial technical personnel service has been cancelled, the director of the competent regional military manpower office shall transfer the jurisdiction of the military register to the director of the regional military manpower office who had jurisdiction over such person before such transfer to enable such director to impose a military service obligation upon him in accordance with Article 41 (3) of the Act. In such cases, with respect to any person who falls under the main clause of paragraph (3), the director of the competent regional military manpower office shall record the reduced period of service on his military service record and transfer the jurisdiction over him. |
| (3) | When expert research personnel or industrial technical personnel are enlisted for active duty service or called to serve as social service personnel in accordance with Article 41 (4) of the Act, the chief of staff of each service branch, the director of each regional military manpower office, or the head of each military manpower branch office shall reduce the service period of such active duty servicemen or social service personnel, according to the following criteria: Provided, That no service period of persons who fall under Article 63 (2) shall be reduced: <Amended on Dec. 20, 2012; Dec. 4, 2013; Nov. 29, 2016> |
| 1. | For the period of military education call under Article 55 of the Act: Their service period shall be reduced by the period of military education call; |
| 2. | For the period of mandatory service excluding the period of military education call under Article 55 of the Act: Their service period shall be reduced by one day for every four days. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 92-2 (Service Period of Active Duty Servicemen Transferred to Supplementary Service during Active Duty Service) |
The service period of art and sports personnel or those transferred to supplementary service as prescribed in Article 42 (3) of the Act shall be the period calculated in accordance with the following equation; however, numbers shall be rounded to the decimal point: <Amended on Nov. 29, 2016> | 1. | Those transferred to art and sports personnel pursuant to Article 33-7 (1) 2, 3, or 5 of the Act: (Previous mandatory service period - Number of days served) ÷ Previous mandatory service period × Mandatory service period of art and sports personnel; |
| 2. | Those transferred to supplementary service during the active duty service pursuant to Article 65 (1) of the Act: (Mandatory service period of active duty serviceman - Number of days served as active duty serviceman) ÷ Mandatory service period of active duty serviceman × Mandatory service period of supplemental service personnel; |
[This Article Wholly Amended on Jun. 14, 2016]
SECTION 4 Investigation into Status of Social Service Personnel, etc.
| Article 93 (Investigations of Status of Social Service Personnel, etc.) |
| (1) | The director of each regional military manpower office or the director of each competent regional military manpower office shall conduct an annual investigation of the status of each service institution and military service-designated entity, or where necessary (including investigation into research institutes where expert research personnel serve while on dispatch), may conduct such investigation at any time, to investigate the status of service by social service personnel, art and sports personnel, expert research personnel and industrial technical personnel, status of the management of military service resources, such as notification of changes in status, grounds for the cancellation of selection as military service-designated entities, status of the arrangement of related documents, etc. pursuant to Article 43 (1) of the Act, and shall then notify the results of the investigation to the Commissioner of the Military Manpower Administration: Provided, That any service institution or military service-designated entity, the actual service management of which is deemed excellent as a result of a regular investigation, may be exempted from such regular investigation of the following year. <Amended on Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016> |
| (2) | The director of a regional military manpower office may assess the status of service management, etc. by service institutions or military service-designated entities when he/she conducts an investigation of the status thereof pursuant to paragraph (1). <Amended on Nov. 29, 2016> |
| (3) | Matters concerning the methods of and the standards for assessing service institutions and military service-designated entities under paragraph (2), the practical use of assessment results, including preferential treatment of outstanding service institutions and outstanding military service-designated entities, shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016> |
| (4) | The head of each service institution, military service-designated entity, or research institute in which expert research personnel serve while on dispatch, subject to an investigation into status in accordance with paragraph (1), shall actively cooperate with such investigation. <Amended on Nov. 29, 2016> |
| (5) | Where the head of an enterprise or research institute in which expert research personnel serve while on dispatch fails to comply with a request to submit data or to answer questions for an investigation into the status of service management under paragraph (1), the director of the competent military manpower office may cancel the approval for dispatch. |
| (6) | The Commissioner of the Military Manpower Administration may conduct an annual actual condition survey according to the following classification regarding public health doctors, public-service advocates, public quarantine veterinarians, or alternative service personnel, in cooperation with the heads of relevant central administrative agencies pursuant to Article 43 (2) of the Act: <Newly Inserted on Jun. 14, 2016; Nov. 29, 2016; Jun. 30, 2020> |
| 1. | Public health doctors, public-service advocates, and public quarantine veterinarians: |
| (a) | Whether they engage in the duties prescribed in the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, Public-Service Judge Advocates Act, or Act on the Public Quarantine Veterinarians during their working hours; |
| (b) | Whether they engage in duties, other than the relevant duties prescribed in item (a), other than during working hours; |
| 2. | Alternative service personnel: Whether they engage in duties not to be included in the alternative service under the subparagraphs of Article 16 (2) of the Alternative Service Act. |
| (7) | Matters necessary for methods and timing for conducting actual condition surveys on service pursuant to paragraph (6) shall be prescribed by the Commissioner of the Military Manpower Administration, in consultation with the heads of relevant central administrative agencies. <Newly Inserted on Jun. 14, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
CHAPTER VI IMPOSITION OF DUTIES FOR MILITARY FORCE MOBILIZATION CALL, ETC.
SECTION 1 Call for Military Force Mobilization
| Article 94 (Military Force Mobilization Plans) |
| (1) | The chief of staff of each service branch shall submit an operational plan for military force mobilization for the following year, which describes the number of necessary personnel subject to military force mobilization for each military unit in which they are to enlist, rank, career branch, and military occupational specialty, and time of mobilization, etc. to the Minister of National Defense by July 31 of each year, and obtain approval therefrom. |
| (2) | The Minister of National Defense shall forward an operational plan for military force mobilization which he/she has approved in accordance with paragraph (1) to the Commissioner of the Military Manpower Administration and the chief of staff of each service branch by August 31 of each year; the Commissioner of the Military Manpower Administration who has received the above-mentioned operational plan for military force mobilization shall draft a plan for military force mobilization call and forward it along with an operational plan for military force mobilization to the directors of regional military manpower offices by September 15 of each year, while the chief of staff of each service branch shall forward the operational plan for military force mobilization to the commanding officers of military units where the mobilized troops enlist by September 15 of each year and the commanding officers of such military units shall forward a mobilization requirement table by military unit to the directors of regional military manpower offices by September 30 of each year. |
| (3) | Where the directors of regional military manpower offices have received an operational plan for military force mobilization and a plan for military force mobilization call as prescribed in paragraph (2), they shall draft an implementation plan for military force mobilization call and report it to the Commissioner of the Military Manpower Administration by November 30 of each year, and forward it to the commanding officers of authorized military units under Article 2 (2) of the Enforcement Decree of the Reserve Forces Act. <Amended on Mar. 2, 2011; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 95 (Designation of Persons subject to Military Force Mobilization) |
| (1) | When the directors of regional military manpower offices intend to designate persons subject to military force mobilization as prescribed in Article 45 of the Act, they shall designate such persons, taking into consideration the requirements for mobilization of military units, such as rank, career branch, military occupational specialty, etc. of persons subject to military force mobilization by region. |
| (2) | The order of designation of persons subject to military force mobilization by branch of military service under paragraph (1), extent of designation, and other necessary matters shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 96 (Service, etc. of Notice of Call for Military Force Mobilization) |
Where the director of a regional military manpower office intends to issue a call for military force mobilization as prescribed in Article 46 (1) of the Act, he/she shall serve a notice of call for military force mobilization on the persons in question. [This Article Wholly Amended on Dec. 7, 2009]
| Article 97 (Establishment and Operation of Enlistment Offices for Military Force Mobilization Call) |
| (1) | The commanding officers of military units where persons subject to a call for military force mobilization are to enlist shall select an area for escort and admission of such persons after consultation with the directors of regional military manpower offices and establish an enlistment office in order to perform duties concerning the escort and admission of persons who are to enlist according to the call for military force mobilization: Provided, That in cases where the area for escort and admission of persons to enlist is not in a military unit where such persons enlist, the director of the competent regional military manpower office shall establish an enlistment office. |
| (2) | Matters necessary for the handling of enlistment affairs, such as the time and procedures for escort and admission, etc. shall be determined by the Commissioner of the Military Manpower Administration after consultation with the chief of staff of each service branch. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 98 (Physical Examination for Military Force Mobilization Call and Sending Invalids Home, etc.) |
| (1) | Article 25 shall apply mutatis mutandis to the physical examination, etc. for a call for military force mobilization under Article 47 of the Act. In such cases, "list of persons enrolled in active duty service" shall be construed as "list of persons called up for military force mobilization.” |
| (2) | With regard to invalids as provided for in Article 47 (2) of the Act whose physical grades are specified, the director of the competent regional military manpower office shall assign them to the relevant armed forces in accordance with their physical grades, and with regard to persons whose recuperation periods are specified, the director of the competent regional military manpower office may call them up or order a re-examination in accordance with the standards determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 99 (Military Force Demobilization) |
The Minister of National Defense may have the chief of staff of each service branch order military force demobilization in any of the following cases. In such cases, the chief of staff of each service branch may entrust his authority to the commanding officers of affiliated military units:
| 1. | Where a war or emergency has ended; |
| 2. | Where mobilization orders have been cancelled; |
| 3. | Where adjustment of quota is deemed necessary. |
[This Article Wholly Amended on Dec. 7, 2009]
SECTION 2 Call for Military Force Mobilization Training
| Article 100 (Military Force Mobilization Training Plans) |
| (1) | The chief of staff of each service branch shall submit an operational plan for military force mobilization training which describes the form of military force mobilization training or check-up of persons subject to military force mobilization training for the following year, number of necessary persons by military unit and by date of enlistment, etc. to the Minister of National Defense by October 31 of each year, and obtain approval therefrom. Where wishing to make alterations to an already approved plan, the chief of staff of each service branch shall submit an altered plan to the Minister of National Defense 60 days prior to the date of enlistment and obtain approval therefrom. <Amended on Nov. 29, 2016> |
| (2) | The Minister of National Defense shall forward an operational plan for military force mobilization training which he has approved in accordance with paragraph (1) to the Commissioner of the Military Manpower Administration and the chief of staff of each service branch by November 20 of each year (in cases of an altered plan, 40 days prior to the date of enlistment) respectively; and the Commissioner of the Military Manpower Administration who has received the above-mentioned plan shall draft a plan for military force mobilization training call to the directors of regional military manpower offices, and the chief of staff of each service branch shall forward the operational plan for military force mobilization training to the commanding officers of the military units where persons are to enlist by December 10 (in cases of an altered plan, 30 days prior to the date of enlistment) of each year respectively. <Amended on Nov. 29, 2016> |
| (3) | Where the directors of regional military manpower offices have received a plan for military force mobilization training call under paragraph (2), they shall draft an implementation plan for military force mobilization training call, report it to the Commissioner of the Military Manpower Administration by December 31 of each year (in cases of an altered plan, without delay), and forward it to the commanding officers of the military units where persons are to enlist. |
| (4) | Where the directors of regional military manpower offices have drafted and reported an implementation plan for military force mobilization training call as prescribed in paragraph (3), they shall draft a detailed implementation plan for military force mobilization training call which includes various support measures, such as transportation, food distribution, etc., and forward it to the commanding officers of the military units where persons are to enlist by not later than the end of February of each year. |
| (5) | In cases of training or check-up without advance notice in preparation for a military force mobilization call, the date of drafting and forwarding an operational plan for military force mobilization training, etc. may be advanced notwithstanding the provisions of paragraphs (1) through (3). <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 100-2 (Exemption from Call for Military Force Mobilization Training) |
| (1) | Any one who intend to be exempt from the call for military force mobilization training pursuant to Article 49 (2) of the Act shall submit documents than can verify any of the following fact relevance to the director of each regional military manpower office: Provided, That where the director of each regional military manpower office can verify the relevant fact relevance, submission of documents may be omitted: |
| (2) | Matters necessary for procedures for exemption from call for military force mobilization training prescribed in paragraph (1), etc. shall be prescribed by the Minister of National Defense. |
[This Article Newly Inserted on Jun. 14, 2016]
| Article 101 (Service, etc. of Notice of Call for Military Force Mobilization Training) |
| (1) | Where the directors of regional military manpower offices intend to call up persons subject to military force mobilization training call, they shall serve a notice of call for military force mobilization training on the persons in question by not later than seven days prior to the date of enlistment. <Amended on Nov. 29, 2016> |
| (2) | Any person subject to military force mobilization training who has received a notice of call for military force mobilization training before he moved residence shall enlist as specified in the notice even after he moved residence; where public announcement of a call for military force mobilization training under Article 50 (4) of the Act has been made, he shall enlist as announced publicly: Provided, That in cases of persons determined by the Commissioner of the Military Manpower Administration from among those who have moved residence as an entire household, with whom they live in the same household as specified in the residence registration card, the directors of regional military manpower offices may have them enlist after re-designating military units in which they are to enlist and the date of enlistment. |
| (3) | In cases of a call for military force mobilization training, etc. to be implemented without designating the date of enlistment in advance in accordance with an operational plan for military force mobilization training, a notice of call for military force mobilization training may be served at least one day before the date of enlistment, notwithstanding paragraph (1). <Amended on May 28, 2018> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 102 (Establishment and Operation of Enlistment Office for Call for Military Force Mobilization Training) |
| Article 97 shall apply mutatis mutandis to the handling of enlistment affairs, such as the time and procedures for the escort and admission of persons who are to enlist according to a call for military force mobilization training. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 103 (Physical Examination for Military Force Mobilization Training Call and Sending Invalids Home) |
| (1) | Article 25 shall apply mutatis mutandis to the physical examination for enlistment following a call for military force mobilization training, etc. under Article 51 of the Act. In such cases, "list of persons enrolled in active duty service" shall be construed as "list of persons called for military force mobilization training". |
| (2) | The directors of regional military manpower offices may recall invalids as prescribed in Article 51 (2) of the Act to the relevant military units on the next enlistment date or may exempt them from calls for military force mobilization training of the year. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 104 (Discharge from Call for Military Force Mobilization Training) |
Where persons in service for a call for military force mobilization training fall under any of the following subparagraphs, the commanding officers of the relevant military units shall discharge them from the call for military force mobilization training:
| 2. | Where the persons have been mobilized; |
| 3. | Where the Minister of National Defense has acknowledged that the call for military force mobilization training is unnecessary. |
[This Article Wholly Amended on Dec. 7, 2009]
SECTION 3 Call for Wartime Labor
| Article 105 (Plan for Wartime Labor Call, etc.) |
| (1) | The provisions of Articles 94 through 99 shall apply mutatis mutandis to plans for wartime labor call, designation of persons subject to a call, service of notice, establishment and operation of enlistment offices, physical examination for enlistment, handling of invalids, discharge from a call, etc. under Article 53 of the Act. In such cases, "persons subject to a call for military force mobilization" shall be construed as "persons subject to a call for wartime labor," "operational plan for military force mobilization" as "operational plan for wartime labor call," "plan for military force mobilization call" as "plan for wartime labor call," "implementation plan for military force mobilization call" as "implementation plan for wartime labor call," "notice of call for military force mobilization" as "notice of call for wartime labor," "enlistment office for a call for military force mobilization" as "enlistment office for a call for wartime labor," "physical examination for enlistment following a call for military force mobilization" as "physical examination for enlistment following a call for wartime labor," and "discharge from a call for military force mobilization” as "discharge from a call for wartime labor.” |
| (2) | The provisions of Articles 100 through 104 shall apply mutatis mutandis to any check-up made in preparation for a wartime labor call as prescribed in Article 53 (2) of the Act. In such cases, "persons subject to a call for military force mobilization training" shall be construed as "persons subject to check-up for wartime labor call," "operational plan for military force mobilization training" as "operational plan for check-up for wartime labor call," "plan for military force mobilization training call" as "plan for check-up for wartime labor call," "implementation plan for military force mobilization training call" as "implementation plan for check-up for wartime labor call," "notice of a call for military force mobilization training" as "notice of check-up for wartime labor call," "enlistment office for military force mobilization training call" as "enlistment office for check-up for wartime labor call," "physical examination for enlistment following a call for military force mobilization training" as "physical examination for enlistment following a call for wartime labor call," and "discharge from a call for military force mobilization training" as "discharge from check-up for wartime labor call.” |
[This Article Wholly Amended on Dec. 7, 2009]
SECTION 4 Call for Military Education
| Article 106 (Call for Military Education of Supplementary Service Personnel) |
| (1) | The directors of regional military manpower offices shall report the number of persons subject to a call for military education of supplementary service personnel to be implemented in the following year to the Commissioner of the Military Manpower Administration by no later than July 31 of each year. <Amended on Nov. 29, 2016> |
| (2) | Where the Commissioner of the Military Manpower Administration has received reports under paragraph (1), he/she shall collate the reports and notify the chief of staff of each service branch of the reports, and the chief of staff of each service branch who has been notified thereof shall draft an operational plan for military education call which describes the number of persons necessary for each military unit in which they are to enlist and for each date of enlistment, and obtain approval from the Minister of National Defense by not later than September 30 of each year. <Amended on Nov. 29, 2016> |
| (3) | The Minister of National Defense shall forward an operational plan for military education call which he has approved in accordance with paragraph (2) to the Commissioner of the Military Manpower Administration and the chief of staff of each service branch, respectively, by no later than October 15 of each year; and the Commissioner of the Military Manpower Administration who has received the above-mentioned plan shall draft an enlistment plan for military education call and forward it to the directors of regional military manpower offices, while the chief of staff of each service branch shall forward an operational plan for military education call to the commanding officers of military units where persons are to enlist without delay. <Amended on Nov. 29, 2016> |
| (4) | Where the commanding officers of military units where persons are to enlist have received an operational plan for military education call under paragraph (3), they shall notify the directors of regional military manpower offices of the number of persons scheduled for a call for military education by enlistment date by no later than November 30 of each year. <Amended on Nov. 29, 2016> |
| (5) | Where the directors of regional military manpower offices have received an enlistment plan for military education call under paragraph (3), they shall draft an implementation plan for enlistment for military education call, report it to the Commissioner of the Military Manpower Administration, and forward it to the commanding officers of military units where persons are to enlist. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 107 (Implementation of Call for Military Education) |
A call for military education of supplementary service personnel shall be implemented for each place of residence, location of job, or agency to which they belong, as follows: <Amended on Jul. 21, 2010; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Jun. 30, 2020>
| 1. | Social service personnel: Simultaneous with the call to serve as social service personnel; however, in extenuating circumstances, within one year from such call: Provided, That the persons who have completed a call for military education as prescribed in Article 55 of the Act before they are called to serve as social service personnel and the persons who have been enlisted as active duty servicemen and transferred to supplementary service as prescribed in Article 137 (1) 3 and 6 shall be exempt from the call for military education; |
| 1-2. | Deleted; <Jun. 14, 2016> |
| 1-3. | Art and sports personnel: Within one year from the date they are transferred to art and sports personnel service: Provided, That the persons who have completed a call for military education as prescribed in Article 55 of the Act before they are transferred to art and sports personnel service and the persons who have been enlisted as active duty servicemen and transferred to supplementary service as prescribed in Article 137 (1) 3 and 6 shall be exempt from the call for military education; |
| 2. | Public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates or public quarantine veterinarians: Before they are enrolled on the military register as public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates or public quarantine veterinarians and are assigned to service institutions: Provided, That where necessary for public interest, the Minister of Justice and the heads of the relevant central administrative agencies may implement a call for military education upon consultation after they are assigned in service institutions; |
| 3. | Expert research personnel and industrial technical personnel: During the period of their mandatory service: Provided, That where they cannot be called for military education during the period of their mandatory service due to reasons, such as overseas service, service on board a ship, etc., the call for military education shall be implemented when the above-mentioned reasons cease to exist; |
| 4. | Crew of an intercontinental ship whose call to serve as social service personnel has been postponed for at least three years: When the reasons for the postponement cease to exist. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 108 (Period of Call for Military Education) |
The period of a call for military education of supplementary service personnel in accordance with Article 55 (1) of the Act shall not exceed 30 days: Provided, That when the Minister of National Defense deems it necessary, the period may be extended within the limit of 30 days. <Amended on Nov. 29, 2016> [This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 109 (Service of Notice of Military Education Call) |
| (1) | In cases of supplementary service personnel, the director of each regional military manpower office shall serve a notice of call for military education by no later than 30 days prior to the date of enlistment. <Amended on May 28, 2018> |
| (2) | Notwithstanding paragraph (1), a notice of call for military education for any of the following persons shall be served by no later than seven days prior to the date of enlistment: <Newly Inserted on May 28, 2018> |
| 1. | Social service personnel who are not to be called for military education simultaneously with the call pursuant to subparagraph 1 of Article 107; |
| 2. | Art and sports personnel under subparagraph 1-3 of Article 107; |
| 3. | Public health doctors, doctors exclusively in charge of draft physical examination, public-service advocates or public quarantine veterinarians under subparagraph 2 of Article 107. |
| (3) | When a notice of call-up to serve as social service personnel has been served upon persons who have been called to serve as social service personnel and for education simultaneously in accordance with subparagraph 1 of Article 107, the notice of a call for military education shall be deemed served in accordance with paragraph (1). In such cases, matters with regard to the notification of the call for military education shall be recorded in the notice of call-up to social service personnel. <Amended on Dec. 4, 2013; Nov. 29, 2016; May 28, 2018> |
| (4) | Upon receipt of a list of persons who are to enlist and their military service records, the commanding officer of the military unit where the persons are to enlist shall forward a list of persons who have enlisted (a written personnel order may be forwarded in lieu thereof) and a list of persons who have not enlisted (including invalids) along with their military service records to the director of the regional military manpower office without delay. <Amended on May 28, 2018> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 110 (Establishment and Operation of Enlistment Office for Military Education Calls) |
| (1) | With regard to the establishment and operation of an enlistment office for a military education call for the escort and admission of persons who are called for military education to supplementary service, physical examination at the assembly place, report of postponed enlistment, physical examination for enlistment, handling of invalids, and period of service of re-enlisted persons, Articles 22 through 26 and 27 (1) and (2) shall apply mutatis mutandis. In such cases, "Commissioner of the Military Manpower Administration" shall be construed as "director of a regional military manpower office", and "persons subject to enlistment for active duty service" shall be construed as "persons subject to enlistment for a military education call". <Amended on Nov. 29, 2016> |
| (2) | Where the provisions of Article 26 are applied mutatis mutandis under paragraph (1), the recovery period and the frequency of invalidment for persons subject to enlistment for a military education call shall be reckoned from the day the first physical examination for their active duty service is conducted. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 111 (Handling of Retirees, etc. from Service during Call for Military Education) |
| (1) | The commanding officer of a military unit may retire those who are deemed unable to finish a call for military education due to extenuating circumstances, such as an illness, etc. after the period of physical examination for enlistment pursuant to Article 56 (1) of the Act has elapsed, and the director of the regional military manpower administration shall re-execute a call for military education upon the retirees after the relevant causes cease to exist: Provided, That where any of the retirees has been retired due to an illness as a result of close physical examination in a military hospital, such retiree shall be treated by applying Article 26 mutatis mutandis. <Amended on Nov. 29, 2016; Jul. 2, 2019> |
| (2) | Where persons who were called for military education pursuant to subparagraph 1 of Article 107 have retired, the period from the date of enlistment until the date of retirement shall be included in the period of service. <Amended on Nov. 29, 2016> |
| (3) | Upon request of a person who has been injured in duty, notwithstanding the above paragraph (1) of this Decree, the commanding officer of a military unit may not retire the person and call him up again for military education after medical treatment. <Newly Inserted on Nov. 23, 2011; Nov. 29, 2016> |
| (4) | In cases where a call-up for military education has been executed under the above paragraph (3), the period from the date of enlistment until the previous date of call-up again for military education shall be included in the period of service. <Newly Inserted on Nov. 23, 2011; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 112 (Discharge, etc. from Call for Military Education) |
| (1) | The commanding officer of each military unit shall discharge persons who have been called for military education from the call for military education, in any of the following cases: <Amended on Nov. 29, 2016> |
| 1. | When the period of the call for military education under Article 108 expires; |
| 2. | When the Minister of National Defense deems the call for military education unnecessary. |
| (2) | When the commanding officer of a military unit has cancelled a call for military education, he shall forward the register of persons discharged from the call (a written personnel order may be forwarded in lieu thereof) and their military service records to the director of the regional military manpower office. <Amended on Nov. 29, 2016> |
| (3) | The escort and admission of social service personnel or art and sports personnel discharged from a call for military education in accordance with paragraph (1) 1 shall be conducted by the commanding officers of the military units in which they are to enlist, the directors of regional military manpower offices, or the heads of service institutions (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel) at the military units in which they are to enlist: Provided, That a roster, etc. of those called for social service personnel or art and sports personnel may be forwarded in lieu of the escort of persons discharged from a call for military education to the heads of service institutions. <Amended on Mar. 23, 2013; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 113 (Grant of Service Numbers, Military Ranks, etc.) |
The commanding officers of the military units where men are to enlist shall grant service numbers, military ranks, and military occupational specialties with respect to supplementary service personnel called for military education in accordance with Article 55 (1) of the Act. <Amended on Nov. 29, 2016> [This Article Wholly Amended on Dec. 7, 2009]
| Article 113-2 (Call for Military Education of Onboard Ship Reserve Personnel) |
| (1) | Persons falling under Article 21-2 (1) 2 of the Act who have been transferred to onboard ship reserve service shall be called for military education before the first service on board a ship after the transfer: Provided, That in cases of persons already in service on board a ship under the subparagraphs of Article 40-2 (1), such persons shall be called for military education when they leave the ship. <Amended on Nov. 29, 2016> |
| (2) | The provisions of Articles 106, 108, and 111 through 113 shall apply mutatis mutandis to a call for military education of onboard ship reserve personnel under the main clause of Article 55 (1) of the Act. In such cases, "director of a regional military manpower office" in Article 106, main clause of Article 111 (1) and Article 112 shall be construed as "director of the competent regional military manpower office". <Amended on Nov. 29, 2016> |
| (3) | A written notice of a military education call for onboard ship reserve personnel shall be served by the director of the competent regional military manpower office on the principal by not later than 30 days before such call for military education and Article 109 (4) shall apply mutatis mutandis to matters concerning notification of a call for military education. In such cases, "director of a regional military manpower office" in Article 109 (4) shall be construed as "director of the competent regional military manpower office". <Amended on Nov. 29, 2016; May 28, 2018> |
| (4) | Articles 22 through 26 and 27 (1) and (2) shall apply mutatis mutandis to the establishment and operation of an enlistment office for a call for military education for the escort and admission of persons enlisting for a call for military education as onboard ship reserve personnel, physical examination at the assembly place, report of postponed enlistment, physical examination for enlistment, handling of invalids, and period of service of re-enlisted persons. In such cases, "Commissioner of the Military Manpower Administration" shall be construed as "director of the competent military manpower office" and "persons subject to enlistment in active duty service" as "persons subject to enlistment for military education call". <Amended on Nov. 29, 2016> |
| (5) | Where Article 26 is applied mutatis mutandis as prescribed in paragraph (4), the recovery period of persons subject to enlistment for military education call and the number of times of invalidment shall be counted from the date of physical examination for enlistment for the first military education call. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 114 (Call for Military Education of Those in Wartime Labor Service) |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 115 (Call for Military Education of Reserve Personnel, etc.) |
| (1) | When the chief of staff of each service branch wishes to issue a call for military education in accordance with Article 55 (2) of the Act for the purpose of granting qualifications necessary for the appointment of a commissioned officer or promoting a person in reserve service, supplementary service, or wartime labor service, he shall formulate an operational plan for military education call and obtain approval from the Minister of National Defense by no later than 60 days prior to the date of enlistment. <Amended on Nov. 29, 2016> |
| (2) | The Minister of National Defense shall forward an operational plan for military education call which he has approved in accordance with paragraph (1) by no later than 40 days prior to the date of enlistment to the chief of staff of each service branch, who, upon receipt of the above-mentioned plan, shall promptly forward it to the commanding officers of the military units related to the military education call. <Amended on Nov. 29, 2016> |
| (3) | Necessary matters with regard to the selection of persons subject to military education calls, the service of notice of military education calls, the period and details of educational training, and the grant of qualifications shall be determined by the Minister of National Defense. <Amended on Jun. 29, 2012; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 115-2 (Promotion of Reserve Service) |
| (1) | When officers, noncommissioned officers, or men enlisted for reserve service have fulfilled the minimum period of service by rank due for a promotion, which is necessary for promotion under paragraphs (2) and (3), and have completed a call for military education under Article 115 (1), if they wish to be promoted, they may be promoted. <Amended on Nov. 29, 2016> |
| (2) | The minimum period of service by rank due for a promotion (including the period of service enlisted for active duty service at the same rank as the time of discharge) which is necessary for promotion of officers enlisted for reserve service shall be as follows: |
| (3) | The minimum period of service by rank due for a promotion, which is necessary for promotion of noncommissioned officers or men enlisted for reserve service shall be determined by the Minister of National Defense. |
[This Article Newly Inserted on Jun. 29, 2012]
| Article 115-3 (Appointment of Officers Enlisted for Reserve Service) |
Where a noncommissioned officer or man enlisted for reserve service, who has prepared for requirements of the following subparagraphs, has completed a call for military education under Article 115 (1), and has passed an examination thereof desires, he/she may be appointed as an officer enlisted for reserve service: <Amended on Nov. 29, 2016> | 1. | A person who has completed the active duty service of at least two years or has completed military service of at least two years after being called; |
| 2. | A person who has graduated from a high school or is recognized as having academic attainments of the same or higher level of a high school. |
[This Article Newly Inserted on Jun. 29, 2012]
| Article 115-4 (Authority Holder for Promotion and Appointment of Reserve Service) |
| (1) | The promotion of officers enlisted for reserve service and the appointment to officers enlisted for reserve service out of noncommissioned officers and men enlisted for reserve service shall be performed by the Minister of National Defense upon recommendation of the chief of staff of each service branch. |
| (2) | The promotion of noncommissioned officers and men enlisted for reserve service shall be performed by the chief of staff of each service branch; however, the chief of staff of each service branch may delegate, if necessary, part of his/her authority to the head of a unit having a general officer in command. <Amended on Sep. 5, 2017> |
[This Article Newly Inserted on Jun. 29, 2012]
CHAPTER VII STUDENT MILITARY EDUCATION AND ENROLLMENT OF MILITARY SURGEONS, ETC.
| Article 116 (Student Military Education) |
| (1) | Matters necessary for conducting military education, reduction of military service period, or service period as social service personnel of those who have received military education, enrollment in the military register as active duty officers, or noncommissioned officers, etc. as prescribed in Article 57 of the Act shall be separately prescribed by Presidential Decree. <Amended on Dec. 4, 2013> |
| (2) | With regard to persons who have been enrolled in the military register as active duty servicemen in accordance with paragraph (1), the chief of staff of each service branch shall forward a list of persons enrolled in the military register of active duty servicemen (a written personnel order may be forwarded in lieu thereof) to the directors of regional military manpower offices (including the heads of military manpower branch offices; hereafter the same shall apply in this Chapter), who, upon receipt of the above-mentioned register, shall forward it to the commanding officers of the military units in which they are to enlist. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 117 (Treatment of Persons Removed from Register of Student Officer Cadets) |
| (1) | Where the chief of staff of each service branch has removed any student officer cadets pursuant to Article 57 (2) of the Act from the register in accordance with Article 6 of the Presidential Decree on the Implementation of Student Military Education, he shall forward the grounds therefor and the relevant list to the Commissioner of the Military Manpower Administration within 14 days from such removal, and the Commissioner of the Military Manpower Administration who has received the grounds and the list shall promptly forward them to the directors of regional military manpower offices in order to have such persons in question return to their status prior to their enlistment and call them up as active duty servicemen or social service personnel: Provided, That in cases of persons under the age of 19, such persons shall be managed according to their status prior to the enlistment as student officer cadets. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (2) | Upon receipt of a list of persons removed from the register in accordance with paragraph (1), the director of a regional military manpower office may continue to postpone until the age limit for each school the enlistment or call-up with respect to persons removed from the register and who fall under the grounds for disqualifications for appointment as commissioned or non-commissioned officers in accordance with Article 10 of the Military Personnel Management Act, persons who did not receive mandatory military education or who failed the evaluation of the military education or persons who cannot graduate until they complete the mandatory course of military education, and in cases where persons removed from the register are struck with a disease or physical or mental disorder, they may be assigned to the relevant armed forces by applying Article 135 (3) mutatis mutandis, following a physical examination at a draft physical examination center or at a military hospital. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 118 (Application for Military Surgeons, Judicial Officers, Military Chaplains, Veterinary Officers, etc.) |
Persons who intends to be enrolled in the military register of officers in active duty service in the medical, judicial, religious, or veterinary field under Article 58 (1) of the Act shall submit an application for enrollment (including an application in electronic form) to the Commissioner of the Military Manpower Administration by October 31 of the year immediately preceding the year in which they are to enlist via the head of the school, head of the internship institution, or head of the religious organization they attend. [This Article Wholly Amended on Dec. 7, 2009]
| Article 118-2 (Standards for Selecting Religions Subject to Enrollment in Religious Field) |
The standards for selecting religions subject to enrollment in the religious field provided for in Article 58 (1) of the Act shall be as follows: | 1. | That it has doctrines and organization which are socially accepted for a religion, and the ordination and relief of sacred profession and training of clerics shall be institutionalized; |
| 2. | That the details of doctrines, rites, etc. shall serve to establish an upright sense of values, to foster morality and a law-abiding spirit and to strengthen the combat valor of military personnel; |
| 3. | That it is recognized as in need of selection considering the number of believers both nationwide and in the military, and the prospect for holding rites, observances, etc. smoothly. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 118-3 (Standards and Procedures for Selecting Active Duty Chaplains) |
| (1) | Officers in active duty service in the religious field under Article 58 (1) of the Act shall be selected from among persons falling under any of the following subparagraphs: <Amended on Nov. 29, 2016> |
| 1. | Persons who are ministers, priests and monks, each of whom holding a bachelor's degree or higher, and other persons who are qualified to perform the same duties as the former; |
| 2. | Persons who are able to qualify themselves to perform duties under subparagraph 1 prior to the enlistment date; |
| (2) | The Minister of National Defense shall, when he/she intends to select officers in active duty service in the religious field from among persons falling under any subparagraph of paragraph (1), first ask the relevant religious organizations to recommend candidates and then make selection at the recommendation of such religious organizations. |
| (3) | Detailed matters necessary for the selection of officers in active duty service in the religious field, other than those provided for in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of National Defense. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 118-4 (Determination of Scheduled Number of Military Surgeon Candidates, Judicial Officer Candidates, and Veterinary Officer Candidates) |
| (1) | By no later than January 31 of each year, the Minister of National Defense, the Minister of Health and Welfare, the Minister of Foreign Affairs, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs shall notify the Commissioner of the Military Manpower Administration of the required number of personnel according to the following classification: <Amended on Jun. 14, 2016; May 28, 2018> |
| 1. | The Minister of National Defense: The required number of each of the following personnel: |
| (a) | The required number of medical officers on active duty after five years; |
| (b) | The required number of judicial officers on active duty after two years; |
| (c) | The required number of veterinary officers on active duty after two years; |
| 2. | The Minister of Health and Welfare: The number of public health doctors required after five years; |
| 3. | Deleted; <Jun. 14, 2006> |
| 4. | The Minister of Justice: The number of public-service advocates required after two years; |
| 5. | The Minister of Agriculture, Food and Rural Affairs: The number of public quarantine veterinarians required after two years. |
| (2) | Upon receipt of a notice under paragraph (1), the Commissioner of the Military Manpower Administration shall determine the scheduled number of military surgeon candidates, judicial officer candidates, and veterinary officer candidates in consideration of the rates, etc. of active duty officers enlisted in medical, judicial and veterinary fields. |
[This Article Newly Inserted on Dec. 4, 2013]
| Article 119 (Enrollment of Military Surgeon Candidates, Judicial Officer Candidates, Military Chaplain Candidates, and Veterinary Officer Candidates) |
| (1) | Persons eligible to be enrolled in the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates as prescribed in Article 58 (2) of the Act shall be any of the following, among persons subject to the draft physical examination, persons subject to enlistment in active duty service, and persons subject to call-up to serve as social service personnel: <Amended on Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016> |
| 1. | In the field of medicine, persons who are undertaking a required course at a military medical institute designated by the Minister of National Defense (hereinafter referred to as "military medical personnel") and who are due to complete the course by age 33; |
| 2. | In the field of judicial affairs, persons who are undertaking a required course at the Judicial Research and Training Institute and who are due to complete the course by age 30, or persons working on the prescribed course at law schools who can obtain the qualification to be a judge, public prosecutor or attorney-at-law by age 30; |
| 3. | In the field of military religious affairs, persons who are enrolled at any school of theology, any Buddhist university or any seminary university designated by the Minister of National Defense, and who are due to complete the course by age 28; |
| 4. | In the field of veterinary affairs, persons who are enrolled at a veterinary college (including a college where the department of veterinary science is installed) and who can finish the course by age 28. |
| (2) | Persons falling under paragraph (1) and intending to apply to become military surgeon candidates by no later than February 10 of the year in which they are employed as military medical personnel, intending to apply to become judicial officer candidates by no later than March 31 of the year in which they enter the Judicial Research and Training Institute or are in the second year of law schools, intending to apply to become a veterinary officer candidates by no later than May 31 of their third year of the regular courses of veterinary schools, shall submit an application (including applications in an electronic form) for military surgeon candidates, judicial officer candidates, and veterinary officer candidates to the Commissioner of the Military Manpower Administration via the heads of the pertinent training institutes, Judicial Research and Training Institute, law schools or veterinary schools; and persons falling under paragraph (1) and intending to apply to become a military chaplain candidate shall submit an application (including applications in an electronic form) for a military chaplain candidate in accordance with the procedures for filing an application, selection, etc. determined by the Minister of National Defense. In such cases, if they are not enrolled in the military register of officers in active duty service in the medical, judicial, or veterinary field, the purports of desiring to be enrolled as public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates, or public quarantine veterinarians may be stated in their written applications. <Amended on Jul. 21, 2010; Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016; May 28, 2018> |
| (3) | When selecting military surgeon candidates, judicial officer candidates, and veterinary officer candidates among applicants under paragraph (2), the Commissioner of the Military Manpower Administration shall do so (excluding persons falling under any ground for disqualification prescribed in Article 10 (2) of the Military Personnel Management Act) based on the descending order of an aggregate of both the marks calculated by converting the physical grades under Article 12 (1) of the Act out of a score of 100 and the marks calculated according to the following classification; and if the proposed number of persons to be selected is exceeded owing to same scorers, they shall be selected based on the order of the person who has been granted a higher physical grade, the person with the highest marks on the basis of the following classification, and the person whose date of birth comes first. When converting the said physical grades into a grade out of 100, physical grades I to III shall be scored in 100 marks, and physical grade IV in 90 marks: <Newly Inserted on Dec. 4, 2013; Nov. 29, 2016; May 28, 2018> |
| 1. | For military surgeon candidates: Marks obtained by converting the results of the medical licensing examination, dental licensing examination, or oriental medical licensing examination into a grade out of 100; |
| 2. | For judicial officer candidates: Marks under each of the following: |
| (a) | For students enrolled in the Judicial Research and Training Institute: Marks obtained by converting the results of the bar examination into a grade out of 100; |
| (b) | For students enrolled in law schools: An aggregate of both the marks calculated by converting the results of the legal education eligibility test they took as at the time of entering the law schools into a grade out of 50 and the marks calculated by converting the grades they gained in the first year of the law schools into a grade out of 50; |
| 3. | For veterinary officer candidates: The marks calculated by converting an average of the grades obtained in the first and second years of the regular courses of the veterinary colleges into a grade out of 100. |
| (4) | After selecting military surgeon candidates, judicial officer candidates, or veterinary officer candidates under paragraph (3), the Commissioner of the Military Manpower Administration shall forward the register of such candidates each to the heads of the pertinent training institutes, Judicial Research and Training Institute, law schools, or veterinary schools and the directors of regional military manpower offices, and the director of a regional military manpower office, in receipt of the above-mentioned register, shall enroll such persons in the register of military surgeon candidates and judicial officer candidates. <Amended on Nov. 23, 2011; Dec. 4, 2013> |
| (5) | Upon receipt of lists of selected military chaplain candidates from the Minister of National Defense, the Commissioner of the Military Manpower Administration shall send the lists to the director of the relevant regional military manpower office, and the director of the relevant regional military manpower office shall, in receipt of the lists, enroll the selected military chaplain candidates in the military registers of military chaplain candidates. <Amended on Nov. 23, 2011; Dec. 4, 2013> |
| (6) | With regard to military surgeon candidates, judicial officer candidates, military chaplain candidates, and veterinary officer candidates who have completed the required courses before the age limit in accordance with paragraph (1), but who have not obtained the qualifications in accordance with the subparagraphs of Article 58 (1) of the Act, they may be continuously managed as military surgeon candidates, judicial officer candidates, military chaplain candidates, and veterinary officer candidates until they reach the age limit. <Amended on Dec. 4, 2013> |
| (7) | Matters necessary for the selection of military chaplain candidates and the training of military surgeon candidates, other than those provided for in paragraphs (1) through (6), shall be prescribed by Ordinance of the Ministry of National Defense. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 119-2 (Committee for Management and Examination of Military Chaplains) |
| (1) | A committee for the management and examination of military chaplains provided for in Article 58 (7) of the Act (hereafter referred to as the "committee" in this Article) shall consist of not less than eight members and not more than 11 members, including one chairperson. In such cases, the rate of believers in a certain religion shall be less than one third. |
| (2) | The chief of the headquarters for personnel welfare of the Ministry of National Defense shall be the chairperson of the committee and the members of the committee shall be the following persons: |
| 1. | The personnel planning officer of the Ministry of National Defense; |
| 2. | The head of the team in charge of military religious affairs in the Ministry of National Defense; |
| 3. | Military officers on active duty with ranks of colonel or higher, public officials in general service with Grade IV or higher in ranks, or public officials in special service equivalent thereto (including public officials belonging to the Senior Civil Service) who belong to the Ministry of National Defense, designated by the Minister of National Defense; |
| 4. | The personnel staff officers of the Army, Navy and Air Force Head-quarters. |
| (3) | The chairperson may, if he/she deems it necessary for the committee's fair deliberations and resolutions, have relevant experts appear and state their opinions at any meeting of the committee: Provided, That in the event that the committee deliberates and resolves on matters referred to in paragraph (4) 1, it shall have related persons of the relevant religious organization attend its meeting to hear their opinions. |
| (4) | The committee shall deliberate and resolve on the following: |
| 1. | Matters concerning the selection or cancellation of the selection of any religion subject to enrollment in the military religious field under the subparagraphs of Article 118-2; |
| 2. | Matters concerning the selection of military chaplains on active duty; |
| 3. | Other matters concerning the operation of military chaplain systems. |
| (5) | The committee's meetings shall open with the attendance of not less than two thirds of the registered members and pass resolutions with the concurrent vote of a majority of those present. |
| (6) | An executive secretary shall be employed to handle the business of the committee, who shall be appointed by the chairperson, from among public officials belonging to the Ministry of National Defense. |
| (7) | In order to pre-examine matters under paragraph (4) 1, a specialized committee may be established within the committee. |
| (8) | Matters necessary for the composition and operation of the specialized committee pursuant to paragraph (7) shall be determined by the chairperson following resolution by the committee. |
| (9) | Civilian members, relevant experts, etc. who attend meetings of the committee and the specialized committee may be paid allowances and travel expenses within budgetary limits. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 119-3 (Standards and Procedures for Selection of Active Duty Officers in Medical, Judicial, and Veterinary Fields) |
| (1) | Active duty officers in the medical, judicial, and veterinary fields prescribed in Article 58 (8) of the Act shall be selected among the following persons: <Amended on Dec. 4, 2013> |
| 1. | Active duty officers in the medical field: Any of the following persons: |
| (a) | Persons enrolled in the military register of military surgeon candidates as prescribed in Article 58 (2) of the Act and having completed the prescribed course; |
| (b) | Military surgeon candidates falling under Article 120 (1) 2; |
| (c) | Military surgeon candidates falling under Article 120 (1) 4 and 6; |
| 1-2. | Active duty officers in the judicial field: Persons enrolled in the military register of judicial officer candidates pursuant to Article 58 (2) of the Act, qualified as judges, public prosecutors, or attorneys-at-law after completing the prescribed course; |
| 2. | Active duty officers in the veterinary field: Persons enrolled in the military register of veterinary officer candidates as prescribed in Article 58 (2) of the Act, qualified as veterinarians after completing the prescribed course. |
| (2) | The Commissioner of the Military Manpower Administration shall forward a list of persons falling under paragraph (1) to the Minister of National Defense. |
| (3) | Detailed matters necessary for the selection of active duty officers in the medical, judicial, and veterinary fields in addition to matters prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of National Defense. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 120 (Notification and Management of Changes in Status of Military Surgeon Candidates, Judicial Officer Candidates, Military Chaplain Candidates, and Veterinary Officer Candidates) |
| (1) | Where military surgeon candidates, judicial officer candidates, military chaplain candidates, and veterinary officer candidates fall under any of the following subparagraphs, the head of the relevant training institute, Judicial Research and Training Institute, law school, or school shall 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 relevant training institute, Judicial Research and Training Institute, law school or school is situated; and for military chaplain candidates, the Minister of National Defense) of such fact within 14 days: <Amended on Nov. 23, 2011; Dec. 4, 2013; Sep. 22, 2017> |
| 1. | Where they are expelled from a school or removed from the register; |
| 2. | Where they are unable to complete the required course or unable to graduate before reaching the age limit under the subparagraphs of Article 119 (1); |
| 3. | Where persons attending law schools enrolled in the military register of judicial officer candidates as prescribed in Article 119 (1) 2 are unable to work on the prescribed course and obtain the qualification to become a judge, public prosecutor, or attorney-at-law by age 30; |
| 3-2. | Where persons attending veterinary colleges enrolled in the military register of veterinary officer candidates as prescribed in Article 119 (1) 4 are unable to complete the prescribed course and obtain the qualification to become a veterinarian by age 28; |
| 4. | Where military medical personnel change the designated training institute, or the course of major at their own discretion without permission from the Commissioner of the Military Manpower Administration; |
| 6. | Where military medical personnel retire from the training institute; |
| 7. | Where any military chaplain candidate is transferred to another school or secedes from the religious organization to which he belongs; |
| 8. | Where the representative of the religious organization to which any military chaplain candidate belongs withdraws the guarantee of ordination; |
| 9. | Where any judicial officer candidate, military chaplain candidates, or veterinary officer candidate wishes to renounce his status; |
| 10. | Where a year or month in which military surgeon candidates, judicial officer candidates, or veterinary officer candidates complete the prescribed course is changed. |
| (2) | Where the Minister of National Defense has been notified of changes in status of military chaplain candidates falling under paragraph (1) 1, 2, 5, and 7 through 9, he/she shall forward the list to the Commissioner of the Military Manpower Administration, who in turn shall notify the director of the competent regional military manpower office thereof. <Amended on Sep. 22, 2017> |
| (3) | The director of each regional military manpower office shall, in receipt of notice under paragraphs (1) and (2), take measures in accordance with the following classification and report the result to the Commissioner of the Military Manpower Administration: <Amended on Dec. 4, 2013; Nov. 29, 2016; Sep. 22, 2017> |
| 1. | Persons who fall under paragraph (1) 1 through 3, 3-2, and 7 through 9: They shall be expunged from the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates and veterinary officer candidates, and reinstated to the status held prior to the enlistment and enlisted in active duty service or called to serve as social service personnel: Provided, That military medical personnel who fall under paragraph (1) 2, shall not be expunged from the relevant military register and shall be enlisted as military surgeon candidates; |
| 2. | Persons who fall under paragraph (1) 4 or 6: They shall not be expunged from the relevant military register and shall be enlisted as military surgeon candidates; |
| 3. | Persons who fall under paragraph (1) 5: They shall be expunged from the relevant military register, and persons who fall under Article 62 (1) 1 of the Act shall be transferred to wartime labor service, while persons who fall under Article 62 (1) 2 of the Act shall be transferred to supplementary service; |
| 4. | Persons who fall under paragraph (1) 10: Subject to prior check of whether the year of enlistment is changed, they shall be managed as persons to be enlisted in the pertinent year. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 121 (Enlistment of Military Surgeons, Judicial Officers, Military Chaplains, Veterinary Officers) |
| (1) | The Minister of National Defense shall send a basic plan for enlistment of persons who are to be enrolled on the military register of active duty service officers in the medical, judicial, religious and veterinary fields (including military surgeon candidates, judicial officer candidates, military chaplain candidates and veterinary officer candidates; hereinafter referred to as "military surgeons, judicial officers, military chaplains and veterinary officers") and active duty service officers in the basic career branches (hereinafter referred to as "officers in the basic career branches") under Articles 58 and 59 of the Act to the Commissioner of the Military Manpower Administration and the chief of staff of the relevant service branch by no later than 40 days before the date of enlistment, and the Commissioner of the Military Manpower Administration in receipt of such basic plan shall draft an enlistment plan and forward it to the directors of regional military manpower offices while the chief of staff of the relevant service branch in receipt of such basic plan shall draft a training plan and forward it to the commanding officer of each military unit in which they are to enlist. <Amended on Nov. 29, 2016> |
| (2) | With regard to persons who have applied for enrollment on the military register of military surgeons, judicial officers, military chaplains and veterinary officers and officers in the basic career branches, the Minister of National Defense shall receive the lists thereof from the Commissioner of the Military Manpower Administration and forward a list of persons who are to enlist as candidates for active duty service officers to the directors of regional military manpower offices via the Commissioner of the Military Manpower Administration 20 days prior to the date of enlistment. <Amended on Nov. 29, 2016> |
| (3) | The director of each regional military manpower office shall serve a notice of enlistment in active duty service on candidates for military surgeons, judicial officers, military chaplains, veterinary officers, and officers in the basic career branches according to an enlistment plan under paragraph (1) on the principals by no later than seven days prior to the date of enlistment and have them individually enlist and shall forward a list of persons to be enlisted and their military service records to the commanding officers of the military units in which they are to be enlisted: Provided, That in cases of candidates for military surgeons and veterinary officers in whose case it is impossible to know whether they have passed qualifying examinations for medical specialists conducted by the Minister of Health and Welfare under Article 77 of the Medical Service Act and Article 18 of the Regulations on the Training and Recognition of Qualifications of Medical Specialists, a notice of enlistment in active duty service may be served at least one day before the date of enlistment. <Amended on May 28, 2018> |
| (4) | The commanding officer of each military unit where men are to enlist shall implement the mandatory military education with respect to persons who have enlisted in accordance with paragraph (3) and shall report the list thereof to the Minister of National Defense via the chief of staff of the relevant service branch ten days prior to the completion of the education. |
| (5) | Upon receiving a report under paragraph (4), the Minister of National Defense shall enroll persons subject to enrollment as military surgeons, judicial officers, military chaplains, veterinary officers, and officers in the basic career branches on the military register of active duty service officers on the day following the date of completion of military education. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 122 (Physical Examination for Enlistment, etc. of Military Surgeons, Judicial Officers, Military Chaplains, and Veterinary Officers) |
| (1) | With regard to the physical examination for enlistment, etc. of persons who have enlisted in accordance with Article 121, the provisions of Article 25 shall apply mutatis mutandis, but standards for determining physical grades shall be determined by Ordinance of the Ministry of National Defense. <Amended on Nov. 29, 2016> |
| (2) | With respect to any person invalided after being disqualified for military service under Article 58 (5) of the Act, the director of the competent regional military manpower office shall require him to undergo a follow-up physical examination at a draft physical examination center or the Central Physical Examination Agency according to the following classification in accordance with paragraph (6) of the same Article, and assign him to relevant service or compel him to be re-enlisted in the military based upon his physical grade. In such cases, with respect to any person whose physical grade is determined at Grade VII as a result of the follow-up physical examination referred to in subparagraphs 1 (b) and 2, the provisions of Article 17 (2) and (3) shall apply mutatis mutandis to handling him: <Amended on Nov. 29, 2016> |
| 1. | Where the period of treatment is expressly set. In such cases, the period of treatment shall be calculated from the date a physical examination for his enlistment is conducted: |
| (a) | Where the period of treatment is less than three months: He shall be enlisted in the military on the next enlistment date after the period of treatment expires; |
| (b) | Where the period of treatment is at least three months: The follow-up physical examination shall promptly be conducted after the period of treatment expires and a military service disposition shall be taken based on the results thereof; |
| 2. | Where the period of treatment is not expressly set: The follow-up physical examination shall promptly be conducted and a military service disposition shall be taken based on the results thereof. |
| (3) | Any person whose period of treatment referred to in paragraph (2) 1 (a) is less than three months and any other person whose physical grade is found to fall under Grades I through Grade IV as a result of the follow-up physical examination referred to in subparagraph 1 (b) and 2 of the same paragraph shall be re-enlisted in the military on the next enlistment date, and the provisions of paragraph (2) shall apply mutatis mutandis where any person re-enlisted in the military is invalided after being disqualified for military service. In such cases, if any person is invalided after being disqualified for military service on the ground of the same disease or the same mental or physical disorder, and the period of his treatment is expressly set, such period of treatment shall be added up from the date a physical examination for his enlistment is conducted after he is re-enlisted in the military. <Amended on Nov. 29, 2016> |
| (4) | With regard to persons enlisted to become military surgeons, judicial officers, military chaplains, veterinary officers, or as active duty officers in the basic career branches and recognized as requiring a treatment period of at least 15 days due to a disease or a physical or mental disorder during the period of military education, the commanding officers of the military units in which the persons in question are enlisted shall treat them in accordance with paragraphs (1) and (2). |
| (5) | With regard to persons to enlist to become active duty officers of medical, judicial, veterinary affairs, etc. in accordance with Articles 58 and 59 of the Act, the Commissioner of the Military Manpower Administration shall, after making inquiries with the relevant administrative agency about whether the relevant persons have any grounds for disqualification from appointment as commissioned officers under Article 10 of the Military Personnel Management Act, forward a list of persons who fall under the grounds for disqualifications from appointment to the directors of regional military manpower offices, expunge the disqualified persons from the military register, and require them to serve in active duty service with their standing prior to their enlistment, or call them up as social service personnel. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 123 (Application, etc. for Enlistment as Active Duty Officer by Persons who Passed Public Examination for Employment as Public Officials of Grade V) |
| (1) | Persons who intend to be enlisted as active duty officers among those who have passed a public examination for the employment of public officials of Grade V or an open examination for the employment of public officials of Grade V or among those who have been determined to be appointed as foreign service officers of Grade V under the Decree on the Appointment of Public Officials, etc. shall submit an application for enlistment as active duty officer in the field of basic career branches (including applications in electronic form) to the Commissioner of the Military Manpower Administration through the Secretary General of the National Assembly Secretariat, the Minister of the National Court Administration, the Minister of Personnel Management, or the Minister of Foreign Affairs (hereinafter referred to as "head of a testing agency") within 14 days from the date of enrollment on a list of persons subject to employment. <Amended on Mar. 23, 2013; Nov. 19, 2014; Nov. 29, 2016> |
| (2) | Upon receiving applications in accordance with paragraph (1), the Commissioner of the Military Manpower Administration shall confirm the military service records of the applicants and forward a list of the persons subject to enrollment on the military register of officers in the basic career branches to the head of a testing agency. |
| (3) | Upon receiving a list under paragraph (2), the head of each testing agency shall record the status of persons subject to enlistment as officers in the reference column of the register of persons subject to employment and, when any of the persons subject to enlistment as officers relinquishes his qualification as a person subject to employment due to the accrual of any ground for disqualification from appointment as a public official or other grounds, shall immediately notify the Commissioner of the Military Manpower Administration, who, in turn, shall have him enlisted in active duty service. |
| (4) | The Commissioner of the Military Manpower Administration may request the head of any agency or organization in medical, judicial, religious and veterinary fields to submit a list of persons who have qualifications under the subparagraphs of Article 58 (1) of the Act (limited to masculine genders who are not older than 40). <Amended on Nov. 23, 2011> |
[This Article Wholly Amended on Dec. 7, 2009]
CHAPTER VIII POSTPONEMENT AND REDUCTION OF AND EXEMPTION FROM MILITARY DUTY
| Article 124 (Age Limits by School, etc.) |
| (1) | The conscription or call-up (hereafter referred to as "enlistment, etc" in Articles 124-2, 124-3, 125 through 127, 127-2, 128, 128-2, and 129) of persons falling under Article 60 (2) 1 or 2 of the Act may be postponed until they reach any of the following ages: <Amended on Dec. 4, 2013; Nov. 4, 2014; Jun. 30, 2015> |
| 1. | For a high school, the age limit is 28; |
| 2. | For a two-year course at a junior college or a major college under Article 31 (4) of the Lifelong Education Act (hereinafter referred to as "major college"), the age limit is 22; for a three-year course, the age limit is 23; and for an extension course for a higher degree, the age limit is 24; |
| 3. | For a four-year course at a university, the age limit is 24; for a five-year course, the age limit is 25; and a six-year course, the age limit is 26 (for a medical school, dental school, oriental medicine school, and veterinary school, the age limit is 27); |
| 4. | For master's degree courses at a graduate school, the age limit is 26 for a two-year course; for a course exceeding two years, the age limit is 27 (for the departments of medicine, dentistry, oriental medicine, veterinary science, and pharmacy at any general graduate school, and for specialized medical graduate schools and specialized dentistry graduate schools, the age limit is 28); and for a doctorate course, the age limit is 28; |
| 5. | For an internship institute, the age limit is 26. |
| (2) | The scope of schools or internship agencies under paragraph (1) shall be as follows: <Amended on Oct. 1, 2010; Jun. 30, 2015; Sep. 25, 2015> |
| 1. | High school: Any of the following schools: |
| (a) | Schools, the graduates of which are recognized as having academic attainments entitling them to enter upper schools, among high schools, three-year technical high schools and various kinds of schools (limited to educational institutions similar to high schools or three-year technical high schools) under Article 2 of the Elementary and Secondary Education Act; |
| (b) | Schools, the graduates of which are recognized as having academic attainments entitling them to enter upper schools, among lifelong education facilities where curricula corresponding to that of high schools under Article 31 of the Lifelong Education Act is conducted; |
| (c) | Foreign educational institutions corresponding to high schools prescribed in Article 2 of the Elementary and Secondary Education Act, among foreign educational institutions established and operated under the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City; |
| 2. | Junior college, university, college, etc.: Any of the following schools or facilities: |
| (a) | Universities and colleges, industrial colleges (limited to where the curricula equivalent to universities and colleges are fulfilled by attending classes), teachers' colleges, junior colleges, distance learning colleges, technical colleges, and various kinds of schools under Article 2 of the Higher Education Act, and universities and colleges established and operated pursuant to special-purpose Acts; |
| (b) | National Police College under the Establishment of the Korean National Police University Act; |
| (d) | Facilities, the graduates of which are recognized as having academic attainments equal to those from junior colleges or universities and colleges, among distance learning college-style lifelong educational establishments under Article 33 (3) of the Lifelong Education Act, and major colleges; |
| 3. | Graduate school: Schools that confer at least a master's degree (including the Korea Institute of Science and Technology, the Gwangju Institute of Science and Technology, the Daegu Gyeongbuk Institute of Science and Technology, the Ulsan Institute of Science and Technology, and the Korean National University of Arts that operates curricula equivalent to graduate programs); |
| 4. | Training Institute: Judicial Research and Training Institute. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 124-2 (Postponing Enlistment, etc. of Persons to be Transferred to Expert Research Personnel Service) |
The enlistment, etc. of those selected to be transferred to expert research personnel service may be postponed pursuant to Article 60 (2) 1 of the Act until they are transferred to expert research personnel service: Provided, That the period of postponement shall not exceed three and a half years. [This Article Newly Inserted on Dec. 4, 2013]
| Article 124-3 (Postponement of Enlistment, etc. for Athletes) |
| 1. | Members of a national team registered as athletes with athletic organizations, recommended by the president of the Korea Sports Council; |
| (2) | With regard to persons falling under any subparagraph of paragraph (1), their enlistment, etc. may be postponed until age 27; however, the period of postponement may be reduced depending on the supply and demand of military service resources if necessary, and the period of postponement by reason and the ceiling of the number of persons by the type of game shall be determined by the Commissioner of the Military Manpower Administration. |
| (3) | Each person who falls under any subparagraph of paragraph (1) and intends to postpone his enlistment, etc. shall file an application for postponement of his enlistment, etc. (including applications in an electronic form) with the director of the competent regional military manpower office prior to the date he is set to be enlisted. <Amended on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Moved from Article 124-2 <Dec. 4, 2013>]
| Article 125 (Postponement of Enlistment, etc. of Students) |
| (1) | The head of a school or internship institute provided for in Article 124 (2) shall draft a register of persons who hold school registration (in cases of high schools, referring to a register of students subject to postponed enlistment; in cases of internship agencies, referring to a register of internship trainees; hereinafter the same shall apply) classified by Si/Gun/Gu and forward it to the directors of regional military manpower offices by no later than March 31 (September 30 for a register of persons who hold school registration in the second semester) of each year. |
| (2) | Upon receiving a register of persons who hold school registration in accordance with paragraph (1), the director of the competent regional military manpower office shall postpone the enlistment, etc. until the grounds for postponement cease to exist within the age limit for each school, and with regard to persons whose enlistment may not be postponed, he/she shall notify the head of the pertinent school or internship institute of such grounds. |
| (3) | Matters necessary for the drafting and management of a register of persons who hold school registration shall be determined by the Commissioner of the Military Manpower Administration, following consultations with the Minister of Education. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 126 (Handling of Applications for Enlistment, etc. of Students) |
| (1) | Each person whose enlistment, etc. has been postponed in accordance with Article 125 (2) and who wishes to enlist, etc. during his academic enrollment shall file an application (including any application in electronic form) for enlistment, etc., with the director of the competent regional military manpower office. |
| (2) | With regard to persons who have submitted an application for enlistment, etc. in accordance with paragraph (1) and have been assigned as candidates for active duty servicemen, assigned to supplementary service, or called for alternative service, the director of a regional military manpower office may have them enlisted, etc. in priority in the year of the submission of the application, or the following year. <Amended on Jun. 30, 2020> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 127 (Handling of Persons whose School Registration is Altered) |
| (1) | When persons enrolled on the school register fall under any of the following (hereinafter referred to as "persons whose school registration is altered"), the head of a school or internship institute under Article 124 shall notify the director of the competent regional military manpower office thereof within 14 days: |
| 1. | A person who is expelled from the school or expunged from the school register; |
| 2. | A person who changes schools or transfers to the school. |
| (2) | The Commissioner of the Military Manpower Administration may, when he/she deems it necessary, check the actual status of the notification of changes in school registration in accordance with paragraph (1). |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 127-2 (Handling Changes in Status of Athletes) |
When any of the following events occurs regarding a person whose military service has been postponed pursuant to Article 124-3, the head of the agency who has recommended the postponement of his military service shall notify the director of the regional military manpower office or the head of the military manpower branch office in charge of the management of the military register thereof within 14 days: <Amended on Dec. 4, 2013> | 1. | When he is excluded from a national team; |
| 2. | When he ceases to be active in the athletic field recommended; |
| 3. | When his status involving the postponement changes. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 128 (Postponement of Draft Physical Examinations) |
| (1) | When any of the following persons is aboard a ship sailing to or from a foreign country as a crew member, or resides or stays abroad for not less than the period prescribed by the Commissioner of the Military Manpower Administration, his draft physical examination, follow-up draft physical examination, enlistment, etc. under Article 60 (1) 1 and 2 or (2) of the Act shall be deemed postponed: Provided, That the postponement of enlistment for any person whose date of enlistment, etc. has been determined shall be subject to conditions separately determined by the Commissioner of the Military Manpower Administration: <Amended on Dec. 4, 2013; Nov. 29, 2016; May 28, 2018; Jun. 30, 2020> |
| 2. | A person who is under 25 years of age and has not been called for preliminary military service, supplementary service, or alternative service. |
| (2) | Any person born in a foreign country or any person who has resided in a foreign country after he reported his emigration to any foreign country pursuant to the Emigration Act may postpone his draft physical examination, follow-up draft physical examination, enlistment, etc. on account of the verification of the relevant facts by the head of the diplomatic mission abroad, the head of the immigration office of the Ministry of Justice, or the head of the immigration branch office of the Ministry of Justice. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (3) | The draft physical examination, follow-up draft physical examination, enlistment, etc. of persons arrested or are facing an execution of sentence for their crimes shall be deemed postponed. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (4) | Where any person subject to a disposition to postpone his draft physical examination, follow-up draft physical examination, enlistment, etc. pursuant to paragraph (2) falls under any item of Article 147-2 (1) 1, the disposition taken to postpone the draft physical examination, follow-up draft physical examination, enlistment, etc. and the permission for overseas travel or the permission for extension of overseas travel period shall be revoked and the military duty shall be imposed; however, the same shall not apply during the period in which any person falling under Article 147-2 (1) 1 (c) or (e) falls under second generation Korean national residing abroad. In such cases, the provisions of Article 147-2 (2) shall apply when the military duty is imposed. <Amended on Dec. 4, 2013; Nov. 29, 2016; May 28, 2018> |
| (5) | "Second generation Korean national residing abroad" in paragraph (4) means a person who himself and his parents have continued to reside in a foreign country by age 17 after he was born in a foreign country (including any person who left Korea for a foreign country before he turned 6 years of age), falling under any of the following sub-paragraphs. In such cases, if he studies in a school prescribed in Article 2 of the Elementary and Secondary Education Act in Korea within three years before he turns 17, or if the person himself or his parents reside (the period of residing in Korea shall be added up by counting backward from the date when calculation is made, and the date of his entry into Korea shall be included and the date of his departure from Korea shall be excluded) in Korea within 90 days out of one year until he reaches the age of 17, he shall be deemed to continue to reside abroad: <Amended on Nov. 23, 2011; Nov. 4, 2014; Dec. 19, 2017; Jul. 2, 2019> |
| 1. | Persons who have obtained nationality, citizenship or permanent residency status (excluding any conditional permanent residency status) from a foreign government; |
| 2. | Persons who have obtained indefinite stay status (including long-term stay status of at least five years) in any foreign country that has no system under which the permanent residency status is granted; |
| 3. | Persons who have continued to reside in a foreign country which grants only short-term stay status of less than five years after filing a report of emigration pursuant to Article 6 of the Emigration Act. |
| (6) | The Commissioner of the Military Manpower Administration, heads of regional military manpower offices or heads of diplomatic missions abroad shall verify the second generation Korean national residing abroad prescribed in paragraph (5) by a certificate concerning family relationship, certificate of permanent residency (including nationality, citizenship and qualification for a long-term right to stay for at least five years), immigration records, etc. In such cases, the heads of diplomatic missions abroad shall immediately send the confirmed list and papers certifying such fact to the heads of regional military manpower offices. |
| (7) | Where "a second generation Korean national residing abroad" under paragraph (5) falls under any of the following, such person shall not be considered "a second generation Korean national residing abroad": <Newly Inserted on Nov. 23, 2011; Mar. 23, 2013> |
| 1. | Where the principal, his father, or his mother has reported the permanent returning to Korea to the Minister of Foreign Affairs under Article 12 of the Emigration Act; |
| 2. | Where the principal has stayed for at least three years in Korea after he has turned 18. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 128-2 (Applications, etc. for Draft Physical Examinations by Persons Residing Abroad) |
| (1) | Where anyone whose draft physical examination, follow-up draft physical examination, or enlistment, etc. is postponed pursuant to Article 128 (1) wishes to undergo a draft physical examination or follow-up draft physical examination or otherwise enlist in the military, he shall file an application for a draft physical examination, follow-up draft physical examination, or enlistment, etc. (including in an electronic form) with the director of a regional military manpower office. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (2) | With respect to anyone who files an application for enlistment, etc. referred to in paragraph (1) and for whom a disposition is taken to have him enlisted for active duty service, supplementary service, or alternative service, he may be preferentially enlisted, etc. in the military during the relevant or following year. <Amended on Jun. 30, 2020> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 129 (Postponement of Date of Enlistment, etc.) |
| (1) | A person who may postpone the date for fulfillment of his military duty in accordance with Article 61 (1) of the Act is as follows: <Amended on Jun. 14, 2016; Nov. 29, 2016; May 28, 2018> |
| 1. | A person who has an impediment to fulfilling his military duty due to a disease or physical or mental disorder; |
| 2. | A person required for nursing or to make funeral arrangements for his lineal ascendants or descendants, spouse, brothers, sisters or other family members residing in the same household who are in critical condition or dies; |
| 3. | A person required for rebuilding in the aftermath of any natural disaster and other calamities; |
| 4. | A person whose whereabouts are unknown; |
| 5. | A person who applies for recruitment or transfer service of each army and waits for the results thereof: Provided, That in cases of persons for whom the enlistment date as an active duty serviceman is determined, it shall be limited to cases where he applies for recruitment, etc. prior to 30 days before the enlistment date; |
| 6. | Any of the following persons who has obtained permission for overseas travel or permission for an extended overseas travel or who has not turned 25 years of age: |
| (a) | A person waiting to depart from the Republic of Korea; |
| (b) | A person staying abroad, in whose case any of draft physical examination, follow-up draft physical examination, enlistment, etc. is not postponed pursuant to Article 128 (1); |
| 7. | A person who intends to apply for an entrance examination at any level of school; |
| 8. | A person who has an impediment to fulfilling his military duty due to other extenuating circumstances. |
| (2) | Persons who fall under any subparagraph of paragraph (1) may postpone the date for fulfillment of their military duty by up to two years in total. <Amended on Jul. 21, 2010; Dec. 20, 2012; Nov. 29, 2016> |
| (3) | "Reasons prescribed by Presidential Decree, such as disaster, etc" in Article 61 (3) of the Act means any of the following cases: <Newly Inserted on Jul. 21, 2010; Dec. 29, 2010> |
| 3. | Where a person's resident registration is canceled, or his place of residency is registered as unidentified pursuant to the Resident Registration Act. |
| (4) | A person falling under any subparagraph of paragraph (1) who intends to postpone the date for fulfilling the duty of the draft physical examination, follow-up draft physical examination, enlistment, etc. shall file an application for postponement (including any application in an electronic form) with the director of a regional military manpower office at least five days before the said date: Provided, That where he has insufficient time due to a sudden occurrence of the relevant cause, he shall file a report with the director of the relevant regional military manpower office by means of telegraph, telephone, etc., and submit a written application for postponement (including in an electronic form) within three days thereafter. <Amended on Jul. 21, 2010; Dec. 4, 2013; Nov. 29, 2016> |
| (5) | In receipt of an application for postponement of the enlistment date (including any application in an electronic form) under paragraph (4), the director of each regional military manpower office shall decide on whether to approve the application. <Amended on Jul. 21, 2010; Nov. 29, 2016> |
| (6) | With regard to persons whose date for fulfillment of a military duty has been postponed due to any ground under paragraph (1) 1 and who are deemed incapable of fulfilling the military duty due to a disease or mental or physical disorder in accordance with Article 65 (1) 1 and paragraph (4) of the same Article of the Act, the director of a regional military manpower office may alter their disposition for military service, following a physical examination at a draft physical examination center or at a military hospital. In such cases, with regard to persons unable to perform military service due to deformity of the entire body, any disease, or mental or physical disorder, etc. provided for in any subparagraph of Article 134 (1), the director of a regional military manpower office may alter their disposition for military service without administering a physical examination, and with regard to persons whose date of call-up to serve as social service personnel has been postponed and who are found to have been confined to a hospital or a sanatorium for at least one year due to a mental disorder, he may transfer such persons to wartime labor service without administering a physical examination. <Amended on Jul. 21, 2010; Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016> |
| (7) | Matters necessary for the period of postponement by reason and restrictions on the frequency of postponement and the age under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jul. 21, 2010; May 28, 2018> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 129-2 (Postponement of Date of Fulfillment of Military Duty of Persons Employed by Industrial Entities, etc.) |
| (1) | A person who has the academic attainments of graduation from a high school or technical high school, or the lower thereof under subparagraph 3 of Article 2 of the Elementary and Secondary Education Act, and has been employed and served in a national organization, local government, pubic organization, or industrial entity, etc. may postpone the date of fulfillment of military duty until he/she reaches the age of 24 in accordance with Article 61 (1) of the Act, however, the period thereof shall not be included in the period of postponement under Article 129 (2): Provided, That where he/she has been employed and served in the type of business, such as entertainment establishments harmful to juveniles under subparagraph 5 of Article 2 of the Juvenile Protection Act, which the Commissioner of the Military Manpower Administration publicly announces by admitting that it is inappropriate to postpone the date of fulfillment of military duty, this shall not apply. <Amended on Dec. 28, 2011; Sep. 14, 2012; Jun. 14, 2016; Nov. 29, 2016> |
| (2) | Article 129 (4), (5) and (7) shall apply mutatis mutandis to applications for postponement of the date of fulfillment of military duty, procedures therefor, etc. under paragraph (1). <Amended on Jul. 21, 2010; Nov. 29, 2016> |
[This Article Newly Inserted on Jan. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 130 (Transfer to Wartime Labor Service, Discharge from Call-Up for Alternative Service, etc. Due to Family Reasons) |
| (1) | The scope of persons who are the sole providers of their family's livelihood referred to in Article 62 (1) 1 of the Act shall, after classifying family members (including the principal himself; hereafter the same shall apply in this Article) into the income earner, dependants, or self-supporters pursuant to the criteria under the following provisions of subparagraphs 1 through 3, 5, and 6, be those who fall within the scope of assets and income under subparagraph 7, where their family members include no income earner but only dependents, or where there exists any income earner, it exceeds the financial ability under subparagraph 4: <Amended on Oct. 1, 2010; Nov. 23, 2011; Dec. 4, 2013; Jun. 30, 2020> |
| 1. | Persons between the ages of 19 and 59 (excluding students aged 19 years and enrolled in high schools or lower-level schools) shall be deemed income earners; |
| 2. | Persons aged less than 19 years, students aged 19 years and enrolled in high schools or lower-level schools, and persons aged 65 years or over shall be deemed dependants; |
| 3. | Persons between the ages of 60 and 64 shall be deemed self-supporters who are neither income earners nor dependants; |
| 4. | The number of dependants which exceeds the financial ability of one income earner to support the family shall be deemed at least three for a male income earner and at least two for a female income earner; |
| 5. | Persons, out of income earners or self-supporters, who require at least six months' recuperation on account of a disease or physical or mental disorder and are found not to meet the criteria for working ability determined by the Commissioner of the Military Manpower Administration shall be deemed dependants; |
| 6. | Persons called to full-time reserve (including persons subject to a call to full-time reserve service who have received notice of enlistment for active duty service) or social service personnel (regardless of whether they have received notice of a call to social service personnel and who submitted an application for reduction of or exemption from military service due to reasons of difficulty in supporting the family in accordance with Article 132) shall be deemed dependants, while active duty servicemen (including persons who have received notice of enlistment in active duty service, but excluding persons subject to a call to full-time reserve service who have received notice of enlistment in active duty service) or alternative service personnel (including persons who have received notice of a call to serve as alternative service personnel) shall be deemed self-supporters; |
| 7. | The scope and standard of the assets and income of persons unable to support their livelihood shall be determined by the Commissioner of the Military Manpower Administration after taking into consideration the assets and income of their family, and the academic background, job, means of supporting livelihood, etc. of the relevant persons. |
| (2) | With regard to persons deemed unable to actually support themselves even though they do not meet standards provided for in paragraph (1), the director of a regional military manpower office may confirm their status and transfer them to wartime labor service or exempt or discharge them from a call-up to serve as alternative service personnel in accordance with Article 62 (1) 1 or 63-2 (1) of the Act (hereafter in this Article and Articles 130-2, 132, 135, and 155-2 referred to "transfer to wartime labor service, discharge from a call-up, etc."). In such cases, the standards, etc. for transfer to such wartime labor service, discharge from a call-up, etc. shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jun. 30, 2020> |
| (3) | Any transfer to wartime labor service, discharge from a call-up, etc. with regard to persons falling under Article 62 (1) 1 of the Act who are in active duty service (including those in military service and those to be enlisted in active duty service under Articles 21 and 25), supplementary service, or alternative service shall be made in accordance with the following classification: <Amended on Jun. 30, 2020> |
| 1. | Where one person in any household is subject to a call-up or conscription and another person in the same household is performing military service (including service as social service personnel and alternative service personnel; hereafter in this Article, the same shall apply): If the remaining service period of the person currently in military service is less than six months, he shall be transferred to wartime labor service, discharged from a call-up, etc.; if the remaining service period is at least six months, one person chosen by his household members shall be transferred to wartime labor service, discharged from a call-up, etc.; |
| 2. | Where at least two persons in one household are in military service at the same time: One person chosen by his household members shall be transferred to wartime labor service, discharged from a call-up, etc.: Provided, That if there is a person whose remaining service period is less than six months, he shall be transferred to wartime labor service, discharged from a call-up, etc. |
| (4) | Article 62 (1) 2 of the Act shall apply only to persons adopted at or before the age of 13 who are fully adopted under the Civil Act or adopted under the Act on Special Cases concerning Adoption and, where persons have been killed on the battlefield or on duty or who became disabled due to any war or official wound prescribed in the same subparagraph, such cases shall be limited to any of the following persons: <Amended on Nov. 20, 2015; Nov. 29, 2016; Jan. 7, 2020; Jun. 30, 2020> |
| 1. | The deceased soldiers and policemen, soldiers who died in the course of performing a duty, soldiers and policemen wounded in a war, and soldiers wounded in the course of performing a duty whose degree of disability is at least Grade VI in accordance with the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State; |
| 2. | A person who was called or mobilized as reserve, supplementary, wartime labor, or alternative service personnel in accordance with the Act or the Reserve Forces Act or Alternative Service Act, and who was killed in a war or in the course of performing a duty, or who sustained at least a Grade VI disability in a war or in the course of performing a duty; |
| 3. | A person who was killed in a war or in the course of performing a duty or who sustained at least a Grade VI disability in a war or in the course of performing a duty during the period of their seconded service as obligatory fire-fighting unit personnel or members of auxiliary police companies under Article 25 of the Act. |
| (5) | Deleted. <Jun. 20, 2020> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Jun. 30, 2020]
| Article 130-2 (Deliberative Committee on Difficult Livelihood) |
| (1) | A deliberative committee on difficult livelihood shall be established in each regional military manpower office and military manpower branch office for the purpose of deliberating on transfer to wartime labor service, discharge from a call-up, etc. for any person who faces difficulty in his livelihood as provided for Article 62 (1) 1 of the Act and Article 130 of this Decree in order to ensure the fairness and objectiveness of such disposition. <Amended on Jun. 30, 2020> |
| (2) | A deliberative committee on difficult livelihood shall consist of not more than ten members, including one chairperson. |
| (3) | The chairperson of a deliberative committee on difficult livelihood shall be a person who is designated by the director of a regional military manpower office or the head of a military manpower branch office from among conscription officers or public officials with the positions of the heads of divisions in charge of conscription and call-up affairs who belong to the regional military manpower office or the military manpower branch office and its members shall be persons who are designated or commissioned by the director of a regional military manpower office or the head of a military manpower branch office from among public officials with the positions of the heads of divisions and public officials of Grade VI or VII in their ranks in charge of the reduction and exemption of military service who all belong to the regional military manpower office or the military manpower branch office and other persons who are recognized to be necessary to ensure the fairness and objectiveness of military service dispositions. <Amended on Nov. 29, 2016> |
| (4) | Necessary matters concerning the composition, operation, etc. of deliberative committees on difficult livelihood shall be prescribed by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 131 (Scope, etc. of Family) |
| 1. | The scope of family under Article 62 (1) 1 of the Act shall include parents, spouse, lineal descendants, and unmarried siblings (including those who actually reside together, such as biological mother, parents' lineal ascendants, spouse's lineal ascendants, married siblings and their spouses or lineal descendants). In such cases, the standards for determining whether or not they share the same livelihood shall be determined by the Commissioner of the Military Manpower Administration; |
| 2. | The scope of family under Articles 65 (2) and 65-2 (2) of the Act shall include parents (including foster parents), spouse, and lineal descendants recorded in the family relationship register: Provided, That persons falling under any of the following subparagraphs shall be excluded from family: |
| (a) | Where a person in service marries or has married, parents thereof; |
| (b) | Where a person in service is an adoptive son, biological parents thereof; |
| (c) | Where parents have divorced, father or mother who is not to relocate together with the person in question. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 132 (Submission of Application for Reduction of or Exemption from Military Service due to Family Reasons) |
| (1) | A person who desires to be transferred to wartime labor service or discharged from a call-up, etc. pursuant to Article 62 (1) 1 or (2) or 63-2 (1) of the Act shall submit a written application (including any application in electronic form) for reduction of and exemption from military service due to difficulties in supporting livelihood to the director of a regional military manpower office, and the director of the regional military manpower office in receipt of such application shall confirm the family relations, assets, income, etc. of the person subject to reduction of and exemption from military service under Article 130 (1) 7. In such cases, the director of the regional military manpower office shall confirm property-related data, such as land and buildings, payment and receipt of benefits under the National Basic Living Security Act, and registration as a person with disabilities under the Welfare of Disabled Persons Act, etc. in cooperation with the head of the competent local government, as prescribed in Article 80 of the Act; financial assets-related data, such as deposits, in cooperation with the head of the related financial institution; and income-related data, etc.. in cooperation with the head of the competent tax office and the head of the National Pension Corporation, respectively, and in cases where it is required to obtain the written consent of a person liable for military service and of family members at the time of making a request for cooperation pursuant to the related statutes, he shall append the said written consent. <Amended on Oct. 1, 2010; Nov. 29, 2016; Jun. 30, 2020> |
| (2) | An application for reduction of and exemption from military service on account of difficulties in supporting livelihood in accordance with paragraph (1) shall be submitted within the following periods: <Amended on Jun. 30, 2020> |
| 1. | A person subject to enlistment in active duty service: Five days prior to the date of the enlistment after receiving notice of enlistment in active duty service; |
| 2. | A person subject to a call-up to serve as alternative service personnel: Five days prior to the date of the call-up after receiving notice of the call-up to serve as alternative service personnel; |
| 3. | A person in supplementary service: From the year following the year he undergoes the draft physical examination. |
| (3) | Each person who wishes to be transferred to supplementary service in accordance with Article 62 (1) 2 of the Act shall file an application for transfer to supplementary service (including any application in electronic form) and a confirmation report of the relevant facts of being killed or wounded in action, etc. (including any confirmation report in electronic form) with the director of a regional military manpower office. In such cases, the head of a regional office of patriots and veterans affairs or the head of a district office of patriots and veterans affairs who receives a request for issuance of a confirmation report of the relevant facts of being killed or wounded in action, etc. shall comply with such request. <Amended on Jun. 30, 2020> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 133 (Discharge from Military Service, etc. for Family Reasons) |
| (1) | With regard to applications for reduction of or exemption from military service submitted by persons who wish to be transferred to wartime labor service in accordance with Article 63 (1) of the Act, the provisions of Article 132 (1) shall apply mutatis mutandis, and with regard to applications for reduction of or exemption from military service submitted by persons who request a reduction of their military service in accordance with Article 63 (2) or 63-2 (2) of the Act, the provisions of Article 132 (3) shall apply mutatis mutandis. <Amended on Nov. 29, 2016; Jun. 30, 2020> |
| (2) | The director of a regional military manpower office, in receipt of an application for reduction of or exemption from military service under paragraph (1), shall process such application in accordance with the following standards: <Amended on Jun. 30, 2020> |
| 1. | An active duty servicemen (including persons who are in service under Articles21 and 25 of the Act; hereafter in this Article, the same shall apply): Where he falls under Article 62 (1) 1 or 2 of the Act, a request shall be made to the chief of staff of the relevant service branch or the commanding officer of the relevant military unit to transfer him to wartime labor service or reduce the service period to six months; and where the service period is reduced, a request shall be made to transfer him to supplementary service after he completes the service period; |
| 2. | Social service personnel and alternative service personnel: Where they fall under Article 62 (1) 2 of the Act, the service period shall be reduced to six months; and where the service period is completed, the call-up shall be canceled. |
| (3) | When the chief of staff of the relevant service branch or the commanding officer of the pertinent military unit has received a request under paragraph (2), he/she shall transfer persons who fall under Article 62 (1) 1 of the Act to wartime labor service within one month; while he/she shall transfer persons who fall under Article 62 (1) 2 of the Act to supplementary service on the day following the expiry date of the service period under Article 63 (2) of the Act (without delay for persons whose service period has already expired). <Amended on Nov. 29, 2016> |
| (4) | Persons who wish to be transferred to wartime labor service pursuant to Article 63 (3) of the Act and persons who seek the cancellation or postponement of a call for military force mobilization or a call for wartime labor shall file an application for reduction of or exemption from military service on account of difficulty in maintaining livelihood (including in an electronic form), and with regard to the procedures for submission and processing of the application, the provisions on the submission and processing of an application for reduction of or exemption from military service of active duty servicemen provided for in paragraphs (1) through (3) shall apply mutatis mutandis. <Amended on Nov. 29, 2016> |
| (5) | When falsehood is discovered in the details of an application submitted by any person transferred to wartime labor service or supplementary service or whose call-up has been canceled in accordance with paragraphs (2) through (4), and accordingly a mistake is made in the disposition for military service, the director of a regional military manpower office shall, without delay, request the chief of staff of the relevant service branch or the commanding officer of the pertinent military unit to cancel the disposition for military service of such person, if he has been in service following a call to active duty service, military force mobilization call, or a call for wartime labor, and to order him to return to service and complete the remaining period of military service, and shall cancel the disposition for military service of such person, if he has been in service as social service personnel or alternative service personnel, and compel him to complete the remaining period of military service. <Amended on Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 134 (Exemption, etc. of Persons in Preliminary Military Service from Military Service) |
| (1) | Persons incapable of performing military service due to deformity of the entire body, any disease, physical or mental disability, etc. under Article 64 (1) 1 of the Act shall be as follows: <Amended on Jul. 21, 2010; Dec. 20, 2012; Dec. 4, 2013; Nov. 29, 2016; Jul. 2, 2019; Jan. 7, 2020> |
| 1. | A person who requires a guardian or a protector on account of an incurable mental disease or mental retardation from which he has been suffering for at least two years since the outbreak; |
| 2. | A person of dwarfism, person with severe vertebral deformation, a person who has no nose or ears; |
| 3. | A speech-impaired, hearing-impaired, or vision-impaired person (including a person who can see only through a single eye); |
| 4. | A person who cannot engage in intense physical activity due to paralysis or shortened limbs; |
| 5. | A registered Hansen's disease sufferer or person infected with human immunodeficiency virus in any public health center; |
| 6. | A person who has lost at least three fingers or toes; |
| 7. | A person who is confirmed to have a malignant blood disease (limited to blood cancer in which cases at least five years have elapsed since diagnosis of aplastic anemia, leukemia, myelodysplastic syndrome, malignant lymphoma, or remission); |
| (2) | Each person who wishes to be exempted from military service in accordance with Article 64 (1) 1 or 2 of the Act shall file an application for exemption from military service (including any application in an electronic form) with the director of a regional military manpower office by the day preceding the date of the draft physical examination. <Amended on Nov. 29, 2016> |
| (3) | In receipt of an application for exemption from military service under paragraph (2), the director of a regional military manpower office shall verify the grounds for exemption. |
| (4) | With regard to persons provided in the main clause of paragraph (1) 8, the director of a regional military manpower office shall verify the relevant registration without such persons' applications, notwithstanding paragraphs (2) and (3). <Amended on Jul. 21, 2010; Jan. 7, 2020> |
| (5) | The director of a regional military manpower office may, when he/she verifies the grounds for exemption from military service pursuant to paragraph (3) and the fact of registration pursuant to paragraph (4), exempt the relevant persons from military service or transfer them to wartime labor service, according to the standards for determination of physical grades provided for in Article 12 (4) of the Act. <Amended on Nov. 29, 2016> |
| (6) | Deleted. <Nov. 4, 2014> |
| (7) | Each person who wishes to be transferred to wartime labor service under Article 64 (1) 3 of the Act shall file an application for transfer to wartime labor service (including any application in an electronic form) with the director of a regional military manpower office by the date preceding the date he undergoes the draft physical examination. <Amended on Dec. 20, 2012; Nov. 29, 2016> |
| (8) | The director of a regional military manpower office may, in receipt of an application for transfer to wartime labor service under paragraph (7), transfer the relevant person to wartime labor service without him undergoing a draft physical examination. <Amended on Dec. 20, 2012; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
| Article 135 (Alteration of Dispositions for Military Service of Persons to Be Enlisted for Active Duty Service, etc.) |
| (1) | Persons subject to enlistment as active duty servicemen, onboard ship reserve personnel, military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates, persons subject to enlistment as officers in the basic career branches, supplementary service personnel (excluding persons who are in service called up for military force mobilization), alternative service personnel (excluding persons who are in service on account of a call for wartime labor service), reserve service personnel (excluding persons who are in service on account of a call to full-time reserve service and a call for military force mobilization), or wartime labor service personnel (excluding persons who are in service on account of a call for wartime labor), who wish to have their disposition for military service changed due to an injury sustained while performing a duty, illness or physical or mental disorder in accordance with Articles 65 (1) 1 and (4) and 65-2 (1) of the Act shall submit an application for change of a military service disposition to the director of a regional military manpower office. In such cases, persons, in receipt of notice of enlistment in active duty service or notice of a call-up to serve as social service personnel or alternative service personnel, shall file an application by the date preceding the date of the enlistment or call-up, and military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates shall file an application via the head of the training institute, Judicial Research and Training Institute, law school or school, while persons who serve as social service personnel, alternative service personnel, art and sports personnel, public health doctors, public-service advocates, or public quarantine veterinarians shall file an application via the head of the agency where they serve. <Amended on Jul. 21, 2010; Nov. 23, 2011; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Jun. 9, 2020> |
| (2) | Notwithstanding paragraph (1), with respect to any person serving as supplementary service personnel or alternative service personnel but registered as a patient infected with human immunodeficiency virus under Article 134 (1) 5, the director of the competent regional military manpower office may ex officio exempt him from military service without requiring filing of an application for change of military service disposition. <Newly Inserted on Dec. 4, 2013; Jun. 30, 2020> |
| (3) | In receipt of an application for change of a military service disposition under paragraph (1), the director of a regional military manpower office shall administer a physical examination at the Central Physical Examination Agency, a draft physical examination center or a military hospital, and change the disposition for military service of the relevant person as follows: Provided, That with regard to persons incapable of performing military service due to full-body deformity, any disease or physical or mental disability, etc. under Article 134 (1) (excluding persons determined by the Commissioner of the Military Manpower Administration, such as a person registered as a person with a physical disability that is not severe or as a person with a mental disability under the Act on Welfare of Persons with Disabilities on the ground of the same disease verified through a draft physical examination, follow-up draft physical examination, or physical examination after he underwent such draft physical examination, follow-up draft physical examination or physical examination) and persons of distinguished service to the State who have been wounded in a war or injured in the course of performing a duty under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and who have been graded to rank as one of the first through seventh grades of wound or injury under Article 6-4 of the same Act, the director of a regional military manpower office may take dispositions without carrying out a physical examination: <Amended on Jul. 21, 2010; Dec. 4, 2013; Nov. 29, 2016; Jan. 7, 2020; Jun. 30, 2020> |
| 1. | Persons of physical grade V shall be transferred to wartime labor service, discharged from a call-up, etc., while persons of physical grade VI shall be exempted from military service; |
| 2. | Persons subject to enlistment in active duty service, onboard ship reserve personnel, supplementary service personnel, or alternative service personnel of physical grade VII shall be handled by applying mutatis mutandis Article 17 (2) and (3); |
| 3. | Persons subject to enlistment in active duty service of physical grades II through IV shall have their military service changed in accordance with the standards for disposition for military service for the relevant year. |
| (4) | Notwithstanding paragraph (3), the Commissioner of the Military Manpower Administration may determine separate standards for military service dispositions in consideration of the severity of a disease, the number of applications, the period of application, etc., with regard to any of the following persons: <Newly Inserted on Jan. 7, 2020> |
| 1. | A person who has previously undergone a physical examination under the main clause, with the exception of the subparagraphs, of paragraph (3) after filing an application for change of military service dispositions; |
| 2. | A person who uses a two-year period of postponement under Article 129 (2). |
| (5) | The director of a regional military manpower office may, in receipt of an application for change of a military service disposition under paragraph (1) from a person who has completed service or mandatory service as supplementary service personnel or alternative service personnel or any of the reserve personnel who is confined to bed due to a disease subject to special cases of calculation for patients with advanced diseases determined and publicly announced by the Minister of Health and Welfare as prescribed in Article 19 (1) and subparagraph 3 (e) of attached Table 2 of the Enforcement Decree of the National Health Insurance Act, determine such person's physical grade documentarily or by field study, etc. without conducting a physical examination, and accordingly change the military service disposition. In such cases, matters concerning requirements necessary for the determination of physical grades, procedures therefor, etc. shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Mar. 15, 2010; Oct. 1, 2010; Aug. 31, 2012; Dec. 4, 2013; Nov. 29, 2016; Jul. 2, 2019; Jun. 30, 2020> |
| (6) | Where a person who serves as social service personnel or alternative service personnel emigrates to a foreign country together with his family (referring to where the Commissioner of the Military Manpower Administration recognizes that he is able to emigrate to any foreign country or to permanently reside abroad according to the Emigration Act; hereinafter the same shall apply), the director of a regional military manpower office shall discharge him from the call to serve as social service personnel or alternative service personnel pursuant to Article 65 (2) or 65-2 (2) of the Act. <Amended on Oct. 1, 2010; Dec. 4, 2013; Jun. 30, 2020> |
| (7) | Regarding a person to whom a disposition to discharge him from a call to serve as social service personnel or alternative service personnel was issued under paragraph (6) but who has not departed from Korea within one year and six months without justifiable grounds or who falls under any item of Article 147-2 (1) 1, the disposition taken to discharge him from the call to serve as social service personnel or alternative service personnel and permission for overseas travel shall be canceled, and they shall serve until they complete the remaining period of service. <Amended on Oct. 1, 2010; Dec. 4, 2013; Jun. 30, 2020> |
| (8) | Persons transferable to wartime labor service under Article 65 (9) of the Act shall be those for whom at least two years of waiting period have elapsed since they were transferred to supplementary service, and matters necessary for the disposition standards by academic career, standards for computing the standby period, etc. shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Oct. 1, 2010; Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016; May 28, 2018; Jan. 7, 2020> |
| (9) | The director of a regional military manpower office shall, when he/she changes dispositions for military service of military chaplain candidates pursuant to paragraph (3), notify the Minister of National Defense of their list through the Commissioner of the Military Manpower Administration. <Amended on Oct. 1, 2010; Dec. 4, 2013> |
| (10) | “Period prescribed by Presidential Decree” in Article 65 (10) of the Act means the age of 24. <Newly Inserted on Sep. 22, 2017> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 135-2 (Handling of Persons Seeking for Enlistment in Active Duty Service, etc.) |
| (1) | A person who wishes to be enlisted for active duty service or to serve as social service personnel under Article 65 (8) of the Act shall file an application for change of a military service disposition (including in an electronic form) with the director of a regional military manpower office. <Amended on Nov. 23, 2011; Dec. 4, 2013> |
| (2) | The director of a regional military manpower office shall, in receipt of an application for change of a military service disposition under paragraph (1), deal with it according to the following disposition standards: <Amended on Dec. 4, 2013; Nov. 29, 2016; Sep. 22, 2017> |
| 1. | Where a person in wartime labor service or a person exempted from military service under Article 64 (1) 2 of the Act, who wishes to be enlisted for active duty service, falls under supplementary service as a result of a physical examination: No change in the military service disposition; |
| 2. | Where a person in wartime labor service or a person exempted from military service under Article 64 (1) 2 of the Act, who wishes to serve as social service personnel, falls under active duty service as a result of a physical examination: Change of the military service disposition into supplementary service; |
| 3. | Where a person in supplementary service or wartime labor service or a person exempted from military service under Article 64 (1) 2 of the Act falls under physical grade VII as a result of a physical examination: No change in the military service disposition; |
| 4. | With respect to a person whose academic career has been changed, a military service disposition shall be changed according to the changed academic career, but where a person whose academic career has been changed into one for active duty service desires to serve as social service personnel: Change of the military service disposition into supplementary service; |
| 5. | For a person serving as social service personnel, the period of whose active duty service is less than one year as calculated according to the formula prescribed in paragraph (4): No change in the military service disposition; |
| 6. | In cases, other than those prescribed in subparagraphs 1 through 4, dispositions shall be made by applying Article 135 (3) mutatis mutandis. |
| (3) | Where a person whose military service disposition is changed under paragraph (2) is invalided under Article 17 (2) of the Act (including cases applicable mutatis mutandis in Article 56 (1) of the Act), he shall be reinstated to his status held prior to the change in the military service disposition: Provided, That the same shall not apply where he does not desire to do so. <Amended on Jan. 7, 2020> |
| (4) | The period of service to be implemented by a person having served as social service personnel, who is enlisted for active duty service under Article 65 (8) of the Act, shall be calculated according to the following formula, in which decimal fractions shall be rounded off: <Newly Inserted on Sep. 22, 2017>(Previous mandatory service period ? Number of days for which he has served) ÷ Previous mandatory service period × Mandatory service period of active duty servicemen. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 135-3 (Discharge from Military Service of Those Unfit to Serve as Social Service Personnel) |
| (1) | Persons who are unfit to continue to serve as social service personnel pursuant to the main clause of Article 65 (11) of the Act are as follows: <Amended on May 29, 2017> |
| 1. | A person who cannot normally perform his duties due to the same disease or mental or physical disorder in spite of at least six months of continuous treatment; |
| 3. | A person who has difficulty in performing any simple tasks without the help of others because of mental deficiency or developmental disability; |
| 4. | A person recognized to require continuous treatment due to addiction to drugs, hemp, psychotropic medicines, or alcohol, who has difficulty in normally performing his duties; |
| 5. | A person recognized to have difficulty in normally performing his duties due to any other serious disease or mental or physical disorder. |
| (2) | If social service personnel are found to fall under any of the subparagraphs of paragraph (1), the head of the service institution shall file an application with the director of the competent regional military manpower office for discharge from their call-up to serve as social service personnel. |
| (3) | Upon receipt of an application for discharge from call-up to serve as social service personnel pursuant to paragraph (2), the director of the competent regional military manpower office shall make a factual investigation to ascertain whether or not it is true. |
| (4) | Matters necessary for methods and procedures to make the investigations pursuant to paragraph (3) shall be determined by the Commissioner of the Military Manpower Administration. |
| (5) | If a factual investigation pursuant to paragraph (3) reveals that a person falls under any of the subparagraphs of paragraph (1), the director of the competent regional military manpower office may transfer him to wartime labor service after the examination pursuant to Ordinance of the Ministry of National Defense. |
| (6) | Notwithstanding paragraph (2), if a person falling under any of the subparagraphs of paragraph (1) is identified in the course of managing or supervising service pursuant to Article 31-2 (2) of the Act or conducting a fact-finding survey pursuant to Article 43 (1) of the Act, the director of the competent regional military manpower office may transfer him to wartime labor service after the examination under paragraph (5). |
| (7) | If the disposition of military service is changed pursuant to paragraph (5) or (6), the director of the competent regional military manpower office shall deliver a certificate of military service stating the fact to the principal via the head of the service institution. |
[This Article Newly Inserted on Nov. 29, 2016]
| Article 136 (Disposition for Military Service for Convicts, etc.) |
| (1) | Persons subject to enlistment in active duty service, onboard ship reserve personnel, or supplementary service personnel (excluding commissioned officers, warrant officers, or noncommissioned officers in supplementary service, and persons who have completed service as supplementary service personnel) who may be transferred to supplementary service or wartime labor service in accordance with Article 65 (1) 2 and 3 of the Act and persons subject to alternative service who may be exempted or discharged from a call-up under Article 65-2 (1) are as follows. In such cases, when the sentence of punishment is commuted to an indeterminate sentence, prescribing a short-term sentence and a long-term sentence, the long-term sentence shall be applied: <Amended on Jun. 30, 2020> |
| 1. | Any of the following persons shall be subject to enlistment in supplementary service: Provided, That any person who injures his body or is sentenced to imprisonment with labor due to any deceitful conduct with the intention of evading military service or having military service reduced under Article 86 of the Act shall be exempted: |
| (a) | A person sentenced to imprisonment with or without labor for at least six months but less than one year and six months; |
| (b) | A person issued a suspended sentence of imprisonment with or without labor for at least one year; |
| 2. | Any of the following persons shall be subject to enlistment in wartime labor service: |
| (a) | A person sentenced to imprisonment with or without labor for at least one year and six months: Provided, That any person who injures his body or is sentenced to imprisonment with labor due to any deceitful act with the intention of evading military service or having military service reduced under Article 86 of the Act shall be exempted; |
| (b) | A person whose parents are not identifiable in the family relationship register; |
| (d) | A child under age 18 who has received protection in a child rearing facility, protection and treatment facility for children or communal home prescribed in Article 52 (1) of the Child Welfare Act for at least five years; |
| (f) | A person whose gender has been changed from female to male in the family relationship register as a result of sex reassignment; |
| 3. | A person to be exempted or discharged from a call-up to serve as alternative service personnel: A person falling under any of subparagraph 2 (b) through (f). |
| (2) | The director of a regional military manpower office may transfer to wartime labor service any person deemed by the head of a service institution unable to normally perform his duties, among those who serves as social service personnel and subject to imprisonment with or without labor (excluding persons who is subject to imprisonment with labor for injuring his body or committing a deceitful act with the intention of evading military service or having military service reduced), following an examination prescribed in Ordinance of the Ministry of Defense. In such cases, Article 135-3 (2) through (7) shall apply mutatis mutandis with regard to methods, procedures, etc. for changing a disposition for military service. <Newly Inserted on Oct. 1, 2010; Nov. 29, 2016; Jan. 7, 2020> |
| (3) | Persons who have completed service as supplementary service personnel and soldiers in reserve service who fall under paragraph (1) 2 (a) may be transferred to wartime labor service in accordance with Article 65 (1) and (5) of the Act. <Amended on Oct. 1, 2010; Nov. 23, 2011; Nov. 29, 2016> |
| (4) | A person who wishes to change his disposition for military service pursuant to paragraphs (1) and (3) shall submit an application for change of the disposition for military service to the director of a regional military manpower office, while persons who have received notice of enlistment for active duty service or a call to serve as social service personnel or alternative service personnel shall submit such application at least one day prior to the date of enlistment or call-up: Provided, That with regard to persons who fall under paragraph (1) 1 and 2 (a), the application may be processed according to the verification of facts by the director of a regional military manpower office. <Amended on Oct. 1, 2010; Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020> |
| (5) | The director of a regional military manpower office may transfer any person falling under any of the subparagraphs of paragraph (1) at the time of the draft physical examination to supplementary service or wartime labor service in accordance with Article 14 (1) 1 of the Act: Provided, That where anyone that falls under paragraph (1) 2 (b) through (e) wishes to serve as an active duty serviceman or as social service personnel, his military service disposition may be changed by applying mutatis mutandis Article 135-2. <Amended on Jul. 21, 2010; Oct. 1, 2010; Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020> |
| (6) | With regard to persons subject to a draft physical examination, falling under paragraph (1) 2, the director of a regional military manpower office may transfer them to wartime labor service without undergoing the draft physical examination under Article 64 (1) of the Act. <Amended on Oct. 1, 2010; Nov. 29, 2016> |
| (7) | Each person who wishes to be subject to change of a disposition for military service as prescribed in paragraph (1) 2 (d) shall be verified by the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu through the head of the children welfare facility where he has been placed under protection. <Amended on Oct. 1, 2010; Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 137 (Changes of Dispositions for Military Service of Active Duty Servicemen, etc.) |
| (1) | Changes of dispositions for military service of active duty servicemen under Article 65 (1), (2), (3), and (11) of the Act (including those who are in service pursuant to Articles 21 and 25 of the Act; hereafter in this Article, the same shall apply) shall be made by the chief of staff of each service branch in accordance with the following classification: <Amended on Jul. 21, 2010; Nov. 23, 2011; Dec. 4, 2013; Jun. 30, 2014; Nov. 29, 2016; Sep. 22, 2017; Jun. 30, 2020> |
| 1. | Persons who cannot perform military service due to an injury sustained in a war or while on duty, a disease, physical or mental disorder shall undergo a physical examination at a military hospital; those who are given physical grade V or VI shall be examined and persons at physical grade V shall be transferred to wartime labor service while other persons with physical grade VI shall be exempted from military service: Provided, That in cases of persons hospitalized for less than three months in total while in military service, and whose remaining period of service until the expiration date of mandatory military service is less than six months even though they fall under physical grade V or VI, and who have no impediment to performing military service duties and they wish to serve in the military, such persons may be allowed to continue to serve in the military after an examination, as prescribed by Ordinance of the Ministry of National Defense; |
| 2. | A person sentenced to imprisonment with or without labor of at least one year and six months shall be transferred to wartime labor service: Provided, That any person who injures his body or is sentenced to imprisonment with labor due to a deceitful act with intent to evade military service or having military service reduced under Article 86 of the Act shall be exempted; |
| 3. | Deleted; <Nov. 29, 2016> |
| 4. | A person (any person who injures his body or is sentenced to imprisonment with labor due to a deceitful act with intent to evade military service or having military service reduced under Article 86 of the Act shall be exempted) sentenced to imprisonment with or without labor and does not fall under subparagraph 2, or a person who falls under any provision of Article 136 (1) 2 (b) through (f) may be transferred to wartime labor service after an examination, as prescribed by Ordinance of the Ministry of National Defense; |
| 5. | A person who emigrates to a foreign country with his family in accordance with the Emigration Act may be transferred to supplementary service or discharged from a call to full-time reserve service at his request: Provided, That where anyone subject to a disposition taken to transfer him to supplementary service or to discharge him from a call-up fails to depart from the Republic of Korea within the period of one year and six months without justifiable grounds, or where anyone falls under any item of Article 147-2 (1) 1 and is under age 37, the disposition taken to transfer him to supplementary service or to discharge him from a call to full-time reserve service shall be revoked and he shall serve again in the military until he completes the remaining term of military service; |
| 5-2. | A person who wishes to serve as full-time reserve service due to the delivery of a child among those serving as an active duty servicemen (including persons who are serving under Article 25 of the Act) may be transferred to reserve service in accordance with the criteria for the selection of those to be called to full-time reserve service determined by the Commissioner of the Military Manpower Administration under Article 21 (3) of the Act. In such cases, the procedures for change to assignment for military service to full-time reserve service shall be prescribed by Ordinance of the Ministry of National Defense; |
| 6. | A person falling under any subparagraph of Article 68-11 (1) may be transferred to supplementary service. In such cases, Article 68-11 (2) through (4) shall apply mutatis mutandis to application procedures for art and sports personnel. |
| (2) | With regard to changes of dispositions for military service on persons in reserve service, supplementary service, alternative service (excluding alternative service personnel; hereafter in this paragraph, the same shall apply), or wartime labor service who are serving in the military on account of a call for military force mobilization or a call for wartime labor under Articles 65 (1) 1 and (4) and 65-2 (1) of the Act, paragraph (1) 1 (with respect to commissioned officers, warrant officers, or noncommissioned officers, the standards for discharging from military service, persons with disabilities applicable to commissioned officers, warrant officers or noncommissioned officers in active duty service under the Enforcement Decree of the Military Personnel Management Act) shall apply mutatis mutandis: Provided, That with regard to persons in alternative service, dispositions for military service shall be changed only where they are given physical grade VI. <Amended on Nov. 23, 2011; Nov. 29, 2016; Jun. 30, 2020> |
| (3) | The chief of staff of each service branch may delegate his/her authority to issue a disposition referred to in paragraphs (1) and (2) to the military commanders and the heads of military prisons. <Amended on Nov. 23, 2011; Nov. 29, 2016> |
| (4) | Persons who are unfit to continue to serve as active duty servicemen pursuant to Article 65 (11) of the Act are those falling under any of the subparagraphs of Article 135-3 (1). <Newly Inserted on Nov. 29, 2016> |
| (5) | With respect to active duty servicemen pursuant to paragraph (4), the chief of staff of each service branch shall make an investigation to ascertain the relevant fact. <Newly Inserted on Nov. 29, 2016> |
| (6) | Matters necessary for methods and procedures to make the investigations pursuant to paragraph (5) shall be determined by Ordinance of the Ministry of National Defense. <Newly Inserted on Nov. 29, 2016> |
| (7) | If a factual investigation pursuant to paragraph (5) reveals that an active duty serviceman is unfit to continue service as prescribed in paragraph (4), the chief of staff of each service branch may transfer him to supplementary service or wartime labor service after the examination pursuant to Ordinance of the Ministry of National Defense. <Newly Inserted on Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 138 (Reference Date, etc. for Disposition of Postponement for Crew) |
| (1) | "Day prescribed by Presidential Decree" in Article 65 (7) of the Act means the first day of boarding and departure after a disposition for assignment to supplementary service subject to a call to serve as social service personnel as a result of a draft physical examination or follow-up draft physical examination. <Amended on Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016> |
| (2) | The reasons for postponement for crew under Article 65 (7) of the Act shall remain during the period of the postponed call-up as social service personnel. In such cases, when the crew have reboarded the ship within six months after going ashore, the reasons for postponement shall be deemed to have remained on the presumption that they have kept boarding, but the period of going ashore for which the reasons for postponement are deemed to have remained shall not exceed a total of six months within a one-year period, and the period ashore exceeding a total of three months within a one-year period shall not be included in the period of postponement. <Amended on Nov. 23, 2011; Dec. 4, 2013> |
| (3) | Where the period ashore exceeds a total of six months within a one-year period in violation of the latter part of paragraph (2), the director of a regional military manpower office shall revoke the disposition for postponement for crew and call them up as social service personnel. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 139 (Retirement of Reserve Officers, etc. from Service) |
| (1) | Dispositions for retirement from service with respect to commissioned officers, warrant officers, or noncommissioned officers in reserve service or supplementary service who fall under Article 65 (1) 1 of the Act shall be issued by the directors of regional military manpower offices, by applying mutatis mutandis the standards for discharge from service of persons with disabilities, which apply to commissioned officers, warrant officers, or noncommissioned officers in active duty service under the Enforcement Decree of the Military Personnel Management Act: Provided, That in cases of dispositions for retirement from service of military surgeons, judicial officers, military chaplains and veterinary officers in reserve service, the standards for determination of physical grades prescribed by Ordinance of the Ministry of National Defense shall apply mutatis mutandis pursuant to Article 122 (1). <Amended on Nov. 29, 2016> |
| (2) | A person who wishes to retire from service as commissioned officer, warrant officer, or noncommissioned officer in reserve or supplementary service in accordance with paragraph (1) shall submit an application for retirement from service (including any application in electronic form) to the director of a regional military manpower office. |
| (3) | Upon receiving an application for retirement from service under paragraph (2), the director of a regional military manpower office shall carry out a physical examination at a draft physical examination center or a military hospital determined by the director of a regional military manpower office: Provided, That with regard to persons who are incapable of performing military service due to deformity of the entire body, any disease or physical or mental disability, etc. under Article 134 (1), he/she may issue a disposition for retirement without carrying out a physical examination. <Amended on Jul. 21, 2010; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 140 (Transfer of Commissioned Officers, etc. to Supplementary Service and Conferring of Ranks) |
| (1) | When commissioned officers, warrant officers, or noncommissioned officers in reserve service have lost their standing due to disqualifications from appointment under the Military Personnel Management Act, the director of each regional military manpower office shall transfer them to serve as commissioned officers, warrant officers, or noncommissioned officers in supplementary service pursuant to Article 66 (1) and (2) of the Act, and forward a list thereof to the chief of staff of the relevant service branch. |
| (2) | With respect to persons who have been expunged from the register of commissioned officers, warrant officers, or noncommissioned officers in active duty service and transferred to supplementary service in accordance with Article 66 (1) of the Act, the Minister of National Defense shall confer ranks of commissioned officers, warrant officers, or noncommissioned officers in supplementary service. In such cases, the Minister of National Defense may entrust the relevant authority to the chief of staff of each service branch or the commanding officer of the military unit. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 141 (Cancellation, etc. of Disposition for Transfer of Officers, etc. to Supplementary Service) |
| (1) | The Minister of National Defense shall issue a disposition for the cancellation of transfer to supplementary service under Article 66 (3) of the Act and a disposition for transfer to reserve service and retirement from service under paragraph (4) of the same Article. In such cases, where persons subject to the above disposition are commissioned officers, warrant officers or noncommissioned officers, who hold a rank of colonel or lower rank at the time of their transfer to supplementary service, the Minister of National Defense may entrust the relevant authority to the chief of staff of each service branch. |
| (2) | In issuing a disposition for the cancellation of transfer to supplementary service under Article 66 (3) of the Act, the standards for the appointment of commissioned officers, warrant officers, or noncommissioned officers in active duty service under the Military Personnel Management Act shall apply to the determination of whether or not the persons in question fall under any subparagraph of the same paragraph. |
| (3) | Dispositions for retirement from military service of persons with disabilities who have not exceeded the age limit under Article 66 (4) of the Act shall be issued by applying mutatis mutandis the standards for retirement of persons with disabilities, which apply to commissioned officers, warrant officers or noncommissioned officers in active duty service under the Military Personnel Management Act. |
| (4) | The conferring of ranks of commissioned officers, warrant officers, or noncommissioned officers in supplementary service under Article 140 (2), with respect to persons whose disposition for transfer to supplementary service has been cancelled in accordance with Article 66 (3) of the Act, shall cease to be binding as of the day such disposition for transfer to supplementary service is cancelled. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 142 (Adjustment of Order in Call for Military Force Mobilization or Call for Wartime Labor to Lower Priority) |
| (1) | Persons whose order of call-up for military force mobilization or wartime labor is adjustable to a lower priority as prescribed in Article 67 (1) of the Act shall be as follows: <Amended on Nov. 29, 2016> |
| 1. | Public officials who serve in fields related to the service of wartime mobilization; |
| 2. | Military service officials; |
| 3. | Required personnel among persons who serve at diplomatic and consular offices abroad in the Republic of Korea; |
| 4. | Required personnel of defense industry enterprises or mobilization enterprises; |
| 5. | Required personnel of other national and public agencies and enterprises related to the advancement or support of a war. |
| (2) | When the head of the enterprise or agency whereto persons whose order of call-up has been adjusted to a lower priority pursuant to paragraph (1) belong gives notice of changes in status as prescribed in Article 67 (2) of the Act, he/she shall submit a list of personnel whose status has been changed which records the date and the grounds for retirement from service or changes in positions to the director of the competent regional military manpower office. <Amended on Nov. 29, 2016> |
| (3) | When a person's order of call-up has been adjusted to a lower priority in accordance with paragraph (1), if the levy of the required number of personnel faces difficulty, the director of a regional military manpower office may cancel such adjustment of the order of call-up, and when he/she has cancelled such adjustment of the order of call-up, he/she shall promptly notify the head of the pertinent agency or enterprise thereof. |
| (4) | The scope of public officials and required personnel, applications for the adjustment of the order of call-up to a lower priority, and other necessary matters shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
CHAPTER IX CHANGE OF RESIDENCE AND OVERSEAS TRAVEL OF PERSONS LIABLE FOR MILITARY SERVICE
| Article 143 (Reports on Change of Residence, Handling thereof, etc.) |
| (1) | The Minister of the Interior and Safety shall provide computerized data to the Commissioner of the Military Manpower Administration at least once a week, which contains information pertaining to persons liable for military service whose status has been changed, such as residence (referring to persons whose address has been changed, whose resident registration has been cancelled or restored, Korean nationals residing abroad, who have obtained or lost Korean nationality, who have died or have been missing, and whose name, resident registration number, military rank, service number or gender has been changed or renamed; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jun. 14, 2016; Jul. 26, 2017> |
| (2) | The Commissioner of the Military Manpower Administration, upon receiving electronic data from the Minister of the Interior and Safety under paragraph (1), shall forward the electronic data to the directors of regional military manpower offices (including the heads of military manpower branch offices; hereafter the same shall apply in this Article) in charge of managing military registers for arrangement. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The director of each regional military manpower office shall, when he/she finds any person liable for military service who resides in the location of his/her jurisdiction and has yet to be enrolled on the military register, promptly put the military register in order and then manage it after inquiring the local administrative agency having jurisdiction over the location of his permanent domicile or the previous place of his residence about him or notify the director of the regional military manpower office in charge of managing the military register thereof. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 143-2 (Notification regarding Military Service Dispositions, etc.) |
| (1) | Matters concerning dispositions taken for military service and changes in status, such as enlistment, discharge from service, discharge from a call-up, to be notified by the Commissioner of the Military Manpower Administration to the Minister of the Interior and Safety under Article 69-2 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013; Dec. 4, 2013; Nov. 19, 2014; Jun. 14, 2016; Nov. 29, 2016; Jul. 26, 2017; Jun. 30, 2020> |
| 1. | Draft physical examination: The date of disposition, physical grades, matters related to dispositions taken for military service, etc.; |
| 2. | Enlistment for active duty service: The date of enlistment, military units in which they are to enlist, etc.; |
| 3. | Social service personnel: The date of call-up, military units in which they are to enlist, the date of discharge from a call-up, and persons obligated to serve in the reserve forces; |
| 4. | Art and sports personnel, expert research personnel and industrial technical personnel: The date of transfer, the date of call-up, the date of discharge from a call-up, and persons obligated to serve in the reserve forces; |
| 4-2. | Alternative service personnel: The date of transfer, the date of a call-up, and the date of discharge from a call-up to alternative service, and whether they are subject to a call-up to service alternative to reserve forces under Article 26 (1) of the Alternative Service Act; |
| 5. | Persons discharged from military service: The branches of military service, ranks, service numbers, military occupational specialities, the date of enlistment, the date of discharge, details of transfer to the reserve forces; |
| 6. | Persons whose disposition for military service has been changed: Grounds for change of a physical grade or branch and the date of change; |
| 7. | Persons released from military service obligation or retired from military service: The date of release from military service obligation or retirement from military service, and grounds for such release or retirement; |
| 8. | Other matters necessary for mobilizing members of the reserve forces in wartime. |
| (2) | The Commissioner of the Military Manpower Administration shall compile dispositions for military service, etc. pursuant to each subparagraph of paragraph (1) and furnish relevant computerized data to the Minister of the Interior and Safety at least once a week. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 144 Deleted. <Dec. 31, 1999> |
| Article 145 (Permission for Overseas Travel) |
| (1) | Each person that wishes to obtain permission for overseas travel in accordance with Article 70 (1) or (3) of the Act shall submit an application for permission for overseas travel (including any application in electronic form) to the Commissioner of the Military Manpower Administration by no later than two days prior to the expected date of departure, while each person that has departed from the Republic of Korea before he reaches the age of 25 shall submit an application for permission for overseas travel (including any application in electronic form) to the Commissioner of the Military Manpower Administration via the head of a diplomatic mission abroad by no later than January 15 of the year in which he reaches 25 years of age: Provided, That any person who intends to obtain permission for overseas travel for a ground, other than those under Article 146 (1) 7 and 9, may submit an application to the Commissioner of the Military Manpower Administration without going through the head of the diplomatic mission abroad. |
| (2) | An application for permission for overseas travel referred to in paragraph (1) shall be accompanied by a document prescribed by Ordinance of the Ministry of National Defense. |
| (3) | Where any person who filed a report of emigration pursuant to Article 6 of the Emigration Act before being transferred to preliminary military service has come to Korea to stay briefly and leaves Korea again, he shall be deemed to have received permission for overseas travel. <Amended on Nov. 29, 2016; Dec. 19, 2017> |
| (4) | Persons restricted from permission for overseas travel under the main clause of Article 70 (2) of the Act shall be as follows: Provided, That persons in service as onboard ship reserve service personnel, supplementary service personnel, or alternative service personnel shall be excluded herefrom: <Amended on Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020> |
| 1. | A person who evaded, or who evades a draft physical examination, follow-up draft physical examination, physical examination for confirmation, enlistment in the military, or call-up provided for in Articles 87 and 88 of the Act; |
| 2. | A person who deserted, or who deserts, from service as social service personnel, etc. provided for in Article 89-2 of the Act; |
| 3. | A person who violated the duty of obtaining permission for overseas travel under Article 94 of the Act; |
| 4. | A person for whom a disposition to postpone his draft physical examination, follow-up draft physical examination, enlistment in the military, or call-up or to cancel a call to serve as social service personnel or alternative service personnel is revoked on any ground falling under Article 147-2 (1) 1 (c) through (e): Provided, That anyone who reports on his return to the Republic of Korea for permanently residing therein under Article 12 of the Emigration Act shall be excluded herefrom; |
| 5. | A person who has deserted, concealed his whereabouts, injured himself, or engaged in deception for the purpose of evading military service obligation or being granted reduction therein or exemption therefrom. |
| (5) | The circumstance under which no restriction shall be imposed on permission, etc. for overseas travel provided for in the proviso to Article 70 (2) of the Act shall be any of the following: <Amended on Jun. 30, 2020> |
| 1. | The death of his spouse, his or his spouse's sibling, any lineal ascendant or lineal descendant, who resides abroad; |
| 2. | Where he suffers from a disease, treatment of which in Korea is impracticable; |
| 3. | The adjustment of household affairs for enlistment in the military or a call-up. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 146 (Scope of Permission for and Period of Overseas Travel) |
| 1. | International conference and competition (including off-season training); |
| 2. | Training, internship, field study, or cultural exchange; |
| 3. | Opening markets for exportation or contracting for importation and exportation; |
| 4. | Crew of intercontinental ships (including students undergoing training on board a ship who are enrolled in a maritime or fisheries high school or higher educational institute); |
| 5. | Crew of intercontinental airliners; |
| 6. | Public officials and reporters who are dispatched overseas; |
| 7. | Persons employed overseas; |
| 8. | Overseas medical treatment which cannot be provided domestically; |
| 10. | Studying abroad (excluding any study abroad to take a high school course). In such cases, the period of permission for overseas trips shall be up to the age limit of each school prescribed in Article 124, but with respect to persons attending foreign schools, the period shall be up to the age prescribed in the proviso to Article 147 (2) and paragraph (3) of the same Article; |
| 11. | Cases recognized as particularly necessary by the Commissioner of the Military Manpower Administration, such as visiting close friends or relatives. |
| (2) | Persons subject to permission for overseas travel under paragraph (1), detailed standards for permission and the period of overseas travel shall be determined by the Commissioner of the Military Manpower Administration after taking into consideration the military service records, the purpose and the period of travel, etc. within the extent that does not hinder the imposition of military service obligation. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 147 (Permission, etc. for Extension of Period of Overseas Travel) |
| (1) | Each person who intends to obtain permission for the extension of a period of overseas travel in accordance with Article 70 (3) of the Act shall submit a document that verifies the purpose of his stay that is prescribed by the Commissioner of the Military Manpower Administration and an application for permission for the extension of a period of overseas travel (including any application in an electronic form) to the Commissioner of the Military Manpower Administration via the head of a diplomatic mission abroad: Provided, That any person who intends to obtain permission for the extension of a period of overseas travel on account of any reason, other than reasons falling under Article 146 (1) 7 and 9, may submit the document and application to the Commissioner of the Military Manpower Administration without going through the head of a diplomatic mission abroad. |
| (2) | Upon receiving an application for permission for the extension of a period of overseas travel under paragraph (1), the Commissioner of the Military Manpower Administration may grant such permission, taking into consideration the purpose of overseas stay within the extent that does not hinder the imposition of military service obligation: Provided, That permission may be granted to persons who are enrolled in schools abroad (excluding high schools) up to the age limit by schools pursuant to Article 124, and in cases of persons for whom it is difficult to graduate or obtain a degree within the age limit by school, permission may be granted for the period gained by adding up one year to the age limit by school insofar as they do not pass the age of 29. <Amended on Dec. 20, 2012> |
| (3) | Where a person enrolled in a graduate school in a foreign country is able to obtain a doctorate before June of the year when he reaches 30 years of age, the Commissioner of the Military Manpower Administration may grant permission until June 30 of the year when he reaches 30 years of age, notwithstanding the proviso to paragraph (2). <Amended on Dec. 20, 2012> |
| (4) | Where the Commissioner of the Military Manpower Administration has decided on whether to permit extension of the period of overseas travel in accordance with paragraphs (2) and (3), he/she shall notify the head of a diplomatic mission abroad of the results thereof and have the head notify a person in question thereof. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 147-2 (Revocation of Permission for Overseas Travel) |
| (1) | Where permission for overseas travel or permission for extension of the period of overseas travel provided for in Article 70 (6) of the Act may be revoked and a military service obligation may be imposed, shall be as follows: Provided, That the same shall not apply during the period in which any person falling under subparagraph 1 (c) or (e) falls under a second-generation Korean national residing abroad under Article 128 (5): <Amended on Jul. 21, 2010; Oct. 1, 2010; Dec. 20, 2012; Dec. 4, 2013; Nov. 4, 2014; Jun. 14, 2016; Nov. 29, 2016; May 28, 2018; Jul. 2, 2019; Jun. 30, 2020> |
| 1. | Where anyone who departs from the Republic of Korea to any foreign country after obtaining permission for overseas travel for emigrating to such foreign country or anyone who obtains permission for extension of the period of overseas travel on the grounds of emigrating to any foreign country falls under any of the following items. This shall also apply where either of his parents falls under any ground referred to in items (a) through (c), if he has obtained permission for overseas travel or permission for extension of the period of overseas travel on the condition that he reside with either of his parents: |
| (b) | Deleted; <Nov. 23, 2011> |
| (c) | Where he resides in the Republic of Korea for at least six months within a one-year period. In such cases, the period of residing in Korea (including the date of his entry into Korea and excluding the date of his departure from Korea; hereinafter the same shall apply) shall be added up by counting backward from the date of calculation, but the period shall not be added up in cases where he resides in Korea for not more than 60 days on grounds falling under (i) or (ii) or he resides in Korea on grounds falling under (iii) or (iv) while his parents or spouse do not reside in Korea: |
| (i) | Attendance at his wedding, the childbirth of his spouse, or the funeral service, the wedding, or the 60th birthday anniversary of his or his spouse's siblings, lineal descendants, or ascendants; |
| (ii) | Participation in sports contests sponsored by sports organizations affiliated with the Korea Sports Council as a player or an officer; |
| (iii) | Attendance at school by up to the period calculated by adding one year to the age limit of each school (where he earns a degree before June of the year in which he turns 30 years of age in cases of doctorate courses, until June 30 of the year when he turns 30 years of age) at domestic educational institutions (excluding high schools) prescribed in Article 124; |
| (iv) | Attendance at school for a specific period in domestic educational curriculum for Korean nationals residing abroad. In such cases, the relevant educational curriculum and period shall be prescribed by the Commissioner of the Military Manpower Administration, in consideration of the age limit of each year prescribed in Article 124 and the characteristics of the relevant educational curriculum; |
| (d) | Deleted; <Jun. 14, 2016> |
| (e) | Where he commences a job or engages in profit-making activities in the Republic of Korea, which is published by the Commissioner of the Military Manpower Administration; |
| 2. | Where anyone fails to depart from the Republic of Korea without justifiable grounds within the period of one year and six months from the date his draft physical examination, follow-up draft physical examination, enlistment in the military, or call-up is postponed after he has obtained permission for overseas travel for the purpose of emigrating to any foreign country; |
| 3. | Where anyone fails to depart from the Republic of Korea without justifiable grounds within a one-year period from the date he obtains permission for overseas travel other than for the purpose of emigrating to any foreign country, or anyone falling under Article 70 (1) 1 of the Act resides in the Republic of Korea for at least three consecutive months after returning to the Republic of Korea within the permitted period of overseas travel; |
| 4. | Where anyone who obtains permission for overseas travel or permission for extended period of overseas travel pursuant to Articles 145 and 147 intends to fulfill his military service obligation after returning to the Republic of Korea before the permitted period of overseas travel or the period of extended overseas travel expires; |
| 5. | Where a person who has obtained permission for overseas travel because he fell under any subparagraph of Article 146 (1), ceases to satisfy the requirements for such permission. |
| (2) | With respect to anyone who falls under paragraph (1) 1 (c) or (e), the Commissioner of the Military Manpower Administration may grant him only one grace period of three months for revoking the permission for overseas travel and if he fails to depart from the Republic of Korea during the grace period, the Commissioner of the Military Manpower Administration may revoke the permission for overseas travel or the permission for extension of the period of overseas travel and impose a military service obligation on him. <Amended on May 28, 2018> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 147-3 Deleted. <Oct. 20, 2008> |
| Article 148 (Notification of Fact, such as Permission for Overseas Travel) |
Where the Commissioner of the Military Manpower Administration has permitted overseas travel or extension of the period of overseas travel, he shall notify the Minister of Justice of such fact through an information and communications network, etc.
[This Article Wholly Amended on Dec. 7, 2009]
| Article 149 (Management of Emigrants, etc.) |
| (1) | In cases where any person liable for military service who has continuously resided abroad or his parents fall under any of the following subparagraphs before he reaches 25 years of age, he shall be deemed to have obtained permission for overseas travel up to 37 years of age: <Amended on Jul. 21, 2010; Nov. 23, 2011> |
| 1. | Where the principal or his parents obtain permanent resident status (excluding conditional permanent resident status) in a foreign country, or he or they obtain indefinite stay status or long-term stay status of not less than five years in a country that does not enforce a permanent resident status system and continuously reside abroad; |
| 2. | Where the principal or his parents obtain stay status as special permanent resident or permanent resident in Japan and continuously reside abroad; |
| 3. | Where the principal continuously resides together with his parents in a foreign country after he was born in such foreign country and has obtained the foreign country's nationality or citizenship; |
| 4. | Where the principal or his parents emigrate to any foreign country in accordance with the Emigration Act and continuously reside abroad; |
| 5. | Where the principal departs from the Republic of Korea with his parent who are not a resident employee before his age of 18 and continuously reside abroad. |
| (2) | In cases where anyone who falls under any subparagraph of paragraph (1) intends to have his passport issued, he shall submit a document attesting the fact (including an electronic document) to the Commissioner of the Military Manpower Administration through the head of a diplomatic mission abroad. In such cases, the Commissioner of the Military Manpower Administration may, pursuant to Article 80 of the Act, request the head of a relevant agency to provide materials related to annuity coverage of the parents of the person liable for military service so as to ascertain whether any of the parents is a resident employee pursuant to paragraph (1) 5. <Amended on Nov. 23, 2011; Sep. 22, 2017> |
| (3) | In cases where anyone who is deemed to have obtained permission for overseas travel pursuant to paragraph (1) falls under any item of Article 147-2 (1) 1, the permission for overseas travel for him shall be deemed revoked and a military service obligation may be imposed on him. In such cases, the proviso to the part other than the subparagraphs of Article 147-2 (1) and paragraph (2) of the same Article shall apply to him. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 149-2 (Reservation of Imposition of Military Service Obligations on Holders of Permanent Resident Status, etc. Appointed as Public Officials in Fixed-Term Positions) |
| (1) | The Commissioner of the Military Manpower Administration may reserve imposing a military service obligation and cancelling permission for overseas travels on the grounds provided for in Article 147-2 (1) 1 (c) through (e) for persons who have resided abroad after obtaining permission for overseas travel for the purpose of emigrating overseas (including anyone deemed permitted for overseas travel pursuant to Article 149 (1)) and have served in their respective fields for at least three years after they obtained doctorate degrees in the economics or the science and technology fields and then are appointed by the heads of central administrative agencies as public officials in fixed-term positions, during the period for which they work as such public officials. <Amended on Nov. 20, 2013; Nov. 29, 2016> |
| (2) | When the heads of central administrative agencies have appointed public officials in fixed-term positions under paragraph (1), they shall furnish a list of such public officials with the following documents attached, to the Commissioner of the Military Manpower Administration within 14 days from the date of appointment: <Amended on Nov. 20, 2013; Nov. 29, 2016> |
| 1. | Copies of permanent residency certificates; |
| 2. | Certificates of doctorate degrees; |
| 3. | Career certificates indicating that the relevant persons have served in their respective fields for at least three years; |
| 4. | Copies of written orders for appointment as public officials in fixed-term positions, which specify the fields and terms of service. |
| (3) | The Commissioner of the Military Manpower Administration shall, in receipt of a list of public officials under paragraph (2), decide whether to cancel permission for overseas travel and to reserve imposition of military service obligation on them, and then notify the heads of the relevant central administrative agencies of the results thereof. |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 20, 2013]
CHAPTER X GUARANTEE OF RIGHTS AND INTERESTS OF PERSONS WHO FULFILL MILITARY SERVICE OBLIGATION, ETC.
| Article 150 (Report on Persons whose Returning to School or Job Reinstatement is Guaranteed) |
When students who are enrolled in a high school or higher, state public officials or local public officials, or executives or staff of public and private enterprises or public and private corporations fall under any of the following subparagraphs, they shall report to the head of the pertinent school, the head of the agency they are affiliated to, or the employer:
| 1. | Upon receiving a notice imposing a military service obligation or a notice of selection as active duty serviceman; |
| 2. | Where they are discharged from military service while in mandatory service or discharged from a call-up, complete their military service, or exempted from military service. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 151 (Calculation of Period of Actual Service of Onboard Ship Reserve Personnel, etc.) |
The period which shall be calculated as the period of actual service of persons who have completed the mandatory period of serving as onboard ship reserve service personnel, supplementary service personnel, or alternative service personnel in accordance with the proviso to Article 74 (2) of the Act shall be 21 months: Provided, That with respect to persons whose period of military service is less than 21 months, the period shall be the period of actual service. <Amended on Jul. 21, 2010; Nov. 23, 2011; Jun. 30, 2020> [This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Jul. 21, 2010]
| Article 151-2 (Scope of Extension of Upper Age Limit for Application for Examination) |
Where a person who has completed his service as onboard ship reserve personnel, supplementary service personnel, or alternative service personnel by a call-up, etc. applies for an employment examination held by an institution liable for employment benefits under Article 30 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State, the scope of extension of upper age limit for applying for an employment examination under Article 74-2 of the Act shall be as follows: <Amended on Jul. 21, 2010; Jun. 30, 2020> | 1. | Three years of age for a person who has completed a service period of two or more years; |
| 2. | Two years of age for a person who has completed a service period of not less than one year but less than two years; |
| 3. | One year of age for a person who has completed a service period of less than one year. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 152 (Compensation for Social Service Personnel) |
[This Article Wholly Amended on Nov. 23, 2011]
[Title Amended on Jun. 30, 2020]
| Article 153 (Medical Treatment of Social Service Personnel, etc.) |
| (1) | Where social service personnel or alternative service personnel wish to receive medical treatment in accordance with Article 75 (4) of the Act, they shall file an application for medical treatment (including an application in electronic form), attached with a verification of any injury or illness issued by the heads of the service institutions (where social service personnel are in the process of basic education on service, education on duties, or guidance education on service under Article 33-2 of the Act, the relevant heads of medical institutions shall be deemed heads of the service institutions. hereinafter excluding the heads of the service institutions under Article 153-3 (6), the same shall apply in this area), to the heads of medical institutions run by the State, local governments, or public organizations located in the vicinity of their service institutions: Provided, That where there exist no medical institutions run by the State, local governments or public organizations in the vicinity or in the location of the service institutions and time is insufficient to submit an application for medical treatment, the heads of service institutions may designate private medical facilities in the vicinity and have them provide medical treatment. <Amended on Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020> |
| (2) | The heads of medical institutions run by the State, local governments, or public organizations who have received an application for medical treatment under paragraph (1) shall promptly take various measures for medical treatment: Provided, That where medical institutions are inadequate, technology is lacking and other extenuating circumstances arise, they may consult with the heads of the relevant service institutions, designate private medical facilities and have them provide medical treatment. <Amended on Jul. 2, 2019> |
| (4) | Paragraphs (1), (2), and (5) (limited to subparagraph 2) shall apply mutatis mutandis to any of the following persons. In such cases, "head of the service institution" shall be construed as "Commissioner of the Military Manpower Administration, director of the regional military manpower office (including the head of the military manpower branch office) or the head of the Central Physical Examination Agency", and "service institution" shall be construed as "Military Manpower Administration, regional military manpower office (including military manpower branch office) or Central Physical Examination Agency", respectively: <Amended on Jun. 14, 2016> |
| 2. | Persons who are injured during their entry into the service by their conscription or call-up pursuant to Article 75 (6) 2 of the Act. |
| (5) | The cost of medical treatment under paragraphs (1) and (2) shall be borne by the heads of the service institutions, and where social service personnel or alternative service personnel have already paid the cost, the amount required for the medical treatment may be compensated for up to three years from the date medical treatment commences: Provided, That the case that the decision has been made to register as the person who has rendered distinguished service to the State or person eligible for veteran's compensation under Article 6 (3) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State or Article 4 (3) of the Act on Support for Persons Eligible for Veteran’s Compensation or the medical support has been obtained under Article 20 of the Support for Discharged Soldiers Act shall be excluded. <Newly Inserted on Nov. 23, 2011; Dec. 4, 2013; Jun. 30, 2020> |
| (6) | The standards for classification and the scope with respect to the wound or the disease in the course of performing his duty under Article 75 (4) of the Act and standards and procedures for payment of treatment expenses prescribed in paragraph (4) shall be prescribed by the Commissioner of the Military Manpower Administration. <Newly Inserted on Nov. 23, 2011; Jun. 14, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Dec. 4, 2013]
| Article 153-2 (Types, etc. of Accident Compensation) |
| (1) | Accident compensation provided for in Article 75-2 of the Act shall be divided into compensation for death and compensation for disability. |
| (2) | Accident compensation provided for in Article 75-2 (2) of the Act shall be borne by the State where the service institution of social service personnel or alternative service personnel who died or suffered injuries or illnesses in the line of official duty is a State agency, by the relevant local government where such institution is an agency of the local government, and by the relevant public organization where such institution is a public organization. In such cases, the standard for classification and the scope with respect to the death, the wound, or the disease in the course of performing his duty shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 23, 2011; Dec. 4, 2013; Jun. 30, 2020> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 153-3 (Compensation for Death) |
| (1) | Compensation for death shall be granted to the surviving families of social service personnel or alternative service personnel who died in the line of duty, and Article 39 of the Military Accident Compensation Act shall apply mutatis mutandis to the amount thereof. <Amended on Dec. 4, 2013; Jun. 9, 2020; Jun. 30, 2020> |
| (2) | Persons who intend to obtain compensation for death as provided for in paragraph (1) shall request the heads of service institutions to pay the relevant amount, and the heads of the service institutions, in receipt of such request, shall grant the compensation for death after verifying whether the persons in question indeed died in the line of official duty. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 153-4 (Compensation for Disability) |
| (1) | Compensation for disability shall be granted to social service personnel or alternative service personnel who suffer any injury or illness in the line of official duty or service. In such cases, Article 33 (1) and (3) of the Military Accident Compensation Act shall apply mutatis mutandis to the standards for and amount of compensation. <Amended on Dec. 4, 2013; Jun. 9, 2020; Jun. 30, 2020> |
| (2) | Deleted. <Dec. 4, 2013> |
| (3) | Each person who intends to obtain compensation for disability provided for in paragraph (1) shall file an application therefor to the head of the service institution, and the head of the service institution, in receipt of such request, shall request the director of the regional military manpower office (including the head of the military manpower branch office; hereafter the same shall apply in this Chapter) who has jurisdiction over the site of the service institution to determine the physical disability grade in order to verify whether the cause of the disability, for which compensation is sought, indeed resulted from any injury or illness incurred in the line of official duty. |
| (4) | The director of a regional military manpower office, in receipt of a request under paragraph (3), shall request a physical examination at a draft physical examination center or at a military hospital designated by the director of a regional military manpower office, in order to verify the degree of the disability for which compensation is sought. In such cases, the head of the service institution shall bear the expenses incurred in relation to the physical examination. <Amended on Nov. 29, 2016> |
| (5) | The director of a regional military manpower office, in receipt of notice of the results of a physical examination provided for in paragraph (4), shall determine the physical disability grade, following the review of the Compensation Review Committee under Article 153-5, and shall promptly notify the applicant for compensation and the head of the service institution thereof. |
| (6) | The heads of service institutions shall grant disability compensation in accordance with the physical disability grade notified by the director of a regional military manpower office as provided for in paragraph (5). |
| (7) | When persons in receipt of compensation for disability die due to any injury or illness incurred in the line of duty, the amount of compensation for death, excluding the amount of compensation for disability already granted, shall be granted. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 153-5 (Compensation Review Committee) |
| (1) | In order to review the grade of physical disability for which compensation is sought, a compensation review committee (hereafter referred to as the "Committee" in this Article) shall be established under the jurisdiction of the director of each regional military manpower office, and the Committee shall be composed when it is necessary. |
| (2) | The Committee shall be comprised of not less than five but not more than ten members, including one chairperson. |
| (3) | The director of a regional military manpower office shall serve as the chairperson of the Committee and may have public officials under his/her control to act for and on behalf of him/her. |
| (4) | The members of the Committee shall be commissioned or designated by the director of a regional military manpower office from among persons who have a doctor's, dentist's, or oriental medical doctor's certificate and public officials of the regional military manpower office. |
| (5) | The meetings of the Committee shall open with the attendance of the majority of the registered committee members and pass resolutions by the assent of the majority of the members attended. |
| (6) | The chairperson of the Committee may request the heads of service institutions, heads of agencies giving education as prescribed in Article 33-2 of the Act, or applicants for compensation for data necessary to review the grades of physical disability. In such cases, the heads of service institutions, heads of agencies giving education as prescribed in Article 33-2 of the Act or applicants for compensation who have received such request shall cooperate unless extenuating circumstances exist. |
| (7) | The members of the Committee who are not public officials and are present at a Committee meeting may be provided with remuneration within budgetary limits. |
| (8) | Matters necessary for the management of the Committee in addition to the matters prescribed in paragraphs (1) through (7) shall be determined by the Commissioner of Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 154 (Verification of Military Status of Persons Liable for Military Service at Time of Employment) |
| (1) | The head of a state agency or a local government or an employer shall, whenever he/she intends to employ a person liable for military service as a public official, an executive or employee, or grant a patent, permission, authorization, license, registration, designation, etc. for a business that requires such patent, permission, authorization, license, registration, designation, etc. from governmental authorities, verify whether the person has no record of evasion or military service or desertion from military service, social service, alternative service, etc. In such cases, the head of a State agency or a local government, or the employer may verify the record by either of the following means: <Amended on May 4, 2010; Dec. 4, 2013; Jun. 30, 2020> |
| 2. | By inquiring the director of a regional military manpower office about the military register or requiring the person liable for military service to submit a military service certificate, certificate of discharge from military service, or a transcript of military register, where the record is unverifiable under subparagraph 1 or the person who wishes to be employed or obtain a patent, permission, authorization, license, registration, designation, etc. for the business as required refuses consent to such verification of record under subparagraph 1. |
| (2) | Upon receipt of an inquiry about military status under paragraph (1) 2, the director of a regional military manpower office shall promptly respond thereto. |
| (3) | The head of a state agency or local government or an employer who verifies a record pursuant to paragraph (1) 2 shall keep the documents related to the military service of such public official, executive, or employee separately. |
[This Article Wholly Amended on Dec. 7, 2009]
CHAPTER XI MILITARY ADMINISTRATION
| Article 155 (Cancellation of Disposition) |
When the director of a regional military manpower office deems that any notice or disposition executed by the head of a military manpower branch office, a doctor exclusively in charge of the draft physical examination, or a military surgeon in accordance with the provisions of the Act or this Decree is illegal or unfair, he/she may have such notice or disposition suspended, cancelled, or altered. <Amended on Nov. 29, 2016>
[This Article Wholly Amended on Dec. 7, 2009]
| Article 155-2 (Subject, etc. to Physical Examination, etc. for Confirmation) |
| (1) | "The cases having any reason prescribed by Presidential Decree that is deemed: <Amended on Nov. 29, 2016; Jun. 30, 2020> |
| 1. | Where a person who has been transferred to wartime labor service, discharged from a call-up, etc. or has been exempted from military service on grounds of any eye or psychiatric disease obtains a driver's license newly or passes an non-scheduled aptitude test of driver's license; |
| 2. | Where a person who has been transferred to wartime labor service, discharged from a call-up, etc. or has been exempted from military service on grounds of any psychiatric disease obtains various qualifications and licenses which are impossible to acquire in accordance with the relevant statutes; |
| 3. | Where the indispensable medical treatment is discontinued, notwithstanding the disease shall be continuously treated after disposition for military disease; |
| 4. | Where there is evidence of evasion of military service such as the forged medical certificate, etc. or deemed to be its high possibility. |
| (2) | If any person falling under each subparagraph of Article 77-2 (1) of the Act falls under any of each subparagraph of the above paragraph (1), the director of each regional military manpower office (including head of military manpower branch office; hereinafter the same shall apply in this Act) shall confirm the record of medical examination, details of medical treatment, etc., investigate the fact relevance through interviews with himself or the relevant persons, and perform a physical examination for confirmation if deemed necessary to have the physical examination for confirmation. In such case, the confirmation of the record of medical examination, details of medical treatment, etc. shall be followed by Article 11-2 (1) of the Act. |
| (3) | The director of each regional military manpower office shall serve the principal with a notice of physical examination for confirmation determined by the Ordinance of the Ministry of Defense by no later than 30 days before the date of examination to perform a physical examination for confirmation pursuant to the above paragraph (2): Provided, That in cases where the destruction of evidence caused by evasion of military service or the escape are worried, he/she shall serve a notice of physical examination for confirmation by no later than seven days prior to the date of examination. <Amended on Nov. 29, 2016; May 28, 2018> |
| (4) | When a physical examination for confirmation is conducted pursuant to paragraph (2), the director of each regional military manpower office shall apply the standard of determination by physical grade as at the time of dispositions for military service if evasion of military service is suspected, and shall confirm whether the military service has been evaded or not in consideration of the inspection details of the fact relevance of the above paragraph (2). <Amended on Nov. 29, 2016> |
| (5) | The director of each regional military manpower office shall provide the opportunity of its vindication for a person who is suspected to have evaded the military service such as a change of physical grade as a result of the physical examination for confirmation pursuant to the above paragraph (4), and notwithstanding his vindication if the evasion of the military service is admitted, shall accuse the head of the relevant criminal investigation agency thereof. <Amended on Nov. 29, 2016> |
| (6) | The director of each regional military manpower office shall take the dispositions of military service in accordance with the division of the following each subparagraph for a person who has evaded the military service in cases where the act of evasion of military service is confirmed to be unlawful pursuant to accusation of the above paragraph (5): <Amended on Nov. 29, 2016; Jun. 30, 2020> |
| 1. | After falling under any of the following each item, in cases where a person whose assignment to military service is changed or who is exempted from military service pursuant to Article 65 (1) 1 or (4) or 65-2 (1) of the Act, the assignment of military service shall be changed to a status just before his military service is assigned based on the act of evasion of military service: |
| (a) | Where he has finished the active duty service and thereafter is transferred to the reserve service; |
| (b) | Where he has finished his service as supplementary service personnel; |
| (c) | Where he has been transferred to wartime labor service; |
| (d) | Where he has finished his service as alternative service personnel; |
| 2. | In cases where a person doesn't fall under requirement of the above subparagraph 1, the disposition of military service based on the act of evasion of military service shall be revoked, the follow-up draft physical examination shall be performed pursuant to the regulation of Article 11 through 14 of the Act, and upon whose result the assignment to military service shall be resumed. |
| (7) | Necessary matters for physical examination for confirmation other than matters provided for in paragraph (1) through (6) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Newly Inserted on Nov. 23, 2011]
| Article 155-3 (Reimbursement of National Health Insurance Premiums) |
| (1) | The scope of national health insurance premiums (referring to insurance contributions to be borne under Article 69 of the National Health Insurance Act; hereinafter referred to as “insurance premiums”) to be reimbursed to full-time reserve service personnel, social service personnel, and alternative service personnel pursuant to each of the subparagraphs of Article 77-3 (1) of the Act shall be an amount determined by the Minister of National Defense in cases of full-time reserve service personnel, the Commissioner of the Military Manpower Administration in cases of social service personnel, and the head of a central administrative agency having jurisdiction over alternative service institutions under Article 16 (1) of the Alternative Service Act in cases of alternative service personnel (hereinafter referred to as "the head of the competent central administrative agency) after consultations with the Minister of Strategy and Finance, excluding insurance premiums that cover each of the following periods: <Amended on Jun. 30, 2020> |
| 1. | For full-time reserve service personnel: Any of the following periods: |
| 2. | For social service personnel: Any of the following periods: |
| 3. | For alternative service personnel: The period not included in the service period of alternative service personnel under Article 18 (2) of the Alternative Service Act. |
| (2) | The Minister of National Defense, the Commissioner of the Military Manpower Administration, and the head of the competent central administrative agency shall pay any insurance premiums, which must be reimbursed to full-time reserve service personnel, social service personnel, and alternative service personnel under Article 77-3 of the Act, on a monthly basis: Provided, That when the billing of insurance premiums is postponed under Article 79 (5) of the National Health Insurance Act or other grounds exist as determined by the Minister of National Defense, the Commissioner of the Military Manpower Administration, and the head of the competent administrative agency, the insurance premiums may be paid in a lump sum. <Amended on Jun. 30, 2020> |
| (3) | Further details necessary for reimbursement of insurance premiums to full-time reserve service personnel, social service personnel, and alternative service personnel other than those provided for in paragraphs (1) and (2), shall be determined by the Minister of National Defense, the Commissioner of the Military Manpower Administration, and the head of the competent administrative agency, respectively. <Amended on Jun. 30, 2020> |
[This Article Wholly Amended on Sep. 22, 2017]
| Article 155-4 (Management, etc. of Military Register of Public Servants, etc.) |
| (2) | To manage persons subject to military register management pursuant to Article 77-4 of the Act and identify changes in their status, 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 provide materials provided for in the subparagraphs of paragraph (2) of the same Article by post or through information and communications networks or personal visitation. In such cases, the head of the institution or organization in receipt of the request for materials shall submit such materials to the Commissioner of the Military Manpower Administration or the director of the competent regional military manpower office within 14 days. <Newly Inserted on Sep. 22, 2017> |
| (3) | The Commissioner of the Military Manpower Administration may separately establish and operate database for military register management pursuant to Article 77-4 of the Act. <Newly Inserted on Sep. 22, 2017> |
| (4) | Matters necessary for detailed procedures and methods for management of the military register of public servants, etc. pursuant to Article 77-4 of the Act, as well as paragraphs (1) through (3) and Article 155-5, shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended on Sep. 22, 2017> |
[This Article Newly Inserted on Jun. 14, 2016]
| Article 155-5 (Organization and Operation of Council for Fair Management of Military Service) |
| (1) | A Council for Fair Management of Military Service (hereafter in this Article, referred to as the “Council”) shall be established under the jurisdiction of the Commissioner of the Military Manpower Administration to deliberate on the following matters regarding military register management pursuant to Article 77-4 of the Act: |
| 2. | Dispositions for military service of persons subject to military register management, and verification of whether such dispositions are appropriately taken; |
| 3. | Other matters recognized by the Commissioner of the Military Manpower Administration as necessary for fair management of the military register. |
| (2) | The Council shall be comprised of not more than nine members, including one chairperson. |
| (3) | The chairperson of the Council shall be the person designated by the Commissioner of the Military Manpower Administration from among the public officials with the position of bureau director general belonging to the Military Manpower Administration, and other members shall consist of the following persons: |
| 1. | Three persons designated by the Commissioner of the Military Manpower Administration from among the public officials with the position of division head belonging to the Military Manpower Administration; |
| 2. | Five persons commissioned by the Commissioner of the Military Manpower Administration from among those having abundant knowledge and experience in jurisprudence, public administration, or medical science. |
| (4) | The term of office of a member commissioned pursuant to paragraph (3) 2 shall be two years, renewable only once. |
| (5) | The chairperson shall call a meeting of the Council, and determine the date, place, and agenda thereof and notify each member thereof by no later than seven days before the meeting is held, except in case of emergency. |
| (6) | A majority of the total members of the Council shall constitute a quorum at all its meetings, and resolutions shall be passed with the concurrent vote of a majority of the members present. |
| (7) | Other than those provided for in paragraphs (1) through (6), matters necessary to operate the Council shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Newly Inserted on Sep. 22, 2017]
[Previous Article 155-5 moved to Article 155-6 <Sep. 22, 2017>]
| Article 155-6 (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; hereafter in this Article and Article 155-7 the same shall apply) shall receive military service information, including records on military service, education and training from the head of a military service management institution prescribed in Article 2 (1) 1 and 2 and manage military service information, so as to manage the military service information of military service obligators who completed mandatory military service pursuant to Article 77-5 (1) 2 of the Act. <Amended on Sep. 22, 2017> |
| (2) | Military service information prescribed in paragraph (1) shall be recorded and managed in the electronic data processing program and matters necessary for detailed procedures for operation and processing of the electronic data processing system shall be prescribed by the Commissioner of the Military Manpower Administration. |
[This Article Newly Inserted on Jun. 14, 2016]
[Moved from Article 155-5; previous Article 155-6 moved to Article 155-7 <Sep. 22, 2017>]
| Article 155-7 (Verifying, Printing and Proving Military Service Information) |
| (1) | The subject of military service information may request the director of each regional military manpower office to verify and prove information on his military service prescribed in Article 77-5 of the Act. |
| (2) | The director of each regional military manpower office, in receipt of a request for verification, printing or proof prescribed in paragraph (1), shall issue the certificate of military service to the subject of military service information. |
| (3) | Matters necessary for requests for and issuance of the certificate of military service prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of National Defense. |
[This Article Newly Inserted on Jun. 14, 2016]
[Moved from Article 155-6 <Sep. 22, 2017>]
| Article 156 (Delegation of Military Administrative Affairs) |
| (1) | The Commissioner of the Military Manpower Administration shall delegate the following authority to the director of a regional military manpower office or the head of a military manpower branch office in accordance with Article 78 (1) of the Act: <Amended on Dec. 4, 2013> |
| 1. | The authority to process physical examinations, examinations of physical strength, interviews, talent examinations, written examinations, document screening, etc. (excluding the authority to select and determine) of the authority to select persons who apply to serve in the armed forces as active duty servicemen under Article 20 (1) of the Act; |
| 2. | Permission for revoking the selection of any person as an active serviceman under the latter part of Article 20 (2) of the Act; |
| 4. | Permission for overseas travel under Article 70 (1) of the Act: Provided, That the director of a regional military manpower office or the head of a military manpower branch office may also grant such permission according to the following classification: |
| (a) | Where permission for overseas travel not exceeding five months is granted, the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over the place where the application for permission of overseas travel is received; |
| (b) | Where permission for overseas travel by any of the expert research personnel or any of the industrial technical personnel and for overseas travel by any group for the purpose of participating in international games or training abroad, etc. is granted, the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over the place where the workplace or group is located; |
| (c) | Where permission for overseas travel by any person who was born before 1975 is granted, the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over his permanent domicile; |
| 6. | Verification and examination of the fulfillment of military service prescribed in Article 81 (1) through (3) of the Act and collection of data necessary for the verification of violations of military service-related laws; |
| 7. | Imposition and collection of administrative fines provided for in Article 95 of the Act and the receipt of objections. |
| (2) | The director of each regional military manpower office shall delegate the following authority to the head of each military manpower branch office in accordance with Article 78 (2) of the Act: <Amended on Dec. 4, 2013; Nov. 20, 2015; Jun. 14, 2016; Nov. 29, 2016; Jun. 30, 2020> |
| 1. | The issuance or re-issuance of military service certificates or certificates of discharge from military service under Article 7 (1) of the Act; |
| 2. | A survey of persons subject to draft physical examinations and the preparation and management of electronic transcripts under Article 10 (1) of the Act, and forwarding of notices of draft physical examinations, follow-up draft physical examinations and physical examinations for verification under Articles 11, 14-2 and 77-2 of the Act; |
| 8. | The selection of persons subject to a call to full-time reserve service under Article 21 of the Act and the cancellation thereof; |
| 9. | Enlistment of persons subject to a call to full-time reserve service for active duty service under Article 22 (1) of the Act; |
| 10. | Enlistment of persons subject to seconded service as obligatory fire-fighting unit personnel and members of auxiliary police companies under Article 25 (1) of the Act; |
| 12. | The determination of orders for a call to serve as social service personnel under Article 28 of the Act; |
| 14. | The designation of fields and consultations on the alteration of the fields in which social service personnel serve under Article 31 of the Act; |
| 18. | Approval and permission for service in fields, other than the relevant fields of military service-designated entities, at the time of transfer of expert research personnel and industrial technical personnel under the proviso to Article 39 (3) of the Act; |
| 19. | The receipt of reports on any change in status of expert research personnel and industrial technical personnel under Article 40 of the Act; |
| 20. | The cancellation of transfer and the extension of service of expert research personnel and industrial technical personnel and processing cancellation of transfer under Article 41 of the Act; |
| 26. | Re-calls for invalids and exemption from a call for military force mobilization training under Article 51 (3) of the Act; |
| 28. | The postponement of the date of a draft physical examination, follow-up draft physical examination, conscription (including recruitment) or call-up under Article 61 of the Act, and change of dispositions for military service for persons whose date of fulfillment of military duty has been postponed; |
| 33. | The adjustment of order in a call for military force mobilization and a call for wartime labor to a lower priority under Article 67 of the Act; |
| 34. | Requests for cooperation to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") for wartime affairs under Article 83 (3) of the Act. |
| (3) | The Commissioner of the Military Manpower Administration shall delegate the following authority to the heads of diplomatic missions abroad pursuant to Article 78 (3) of the Act: |
| 1. | Authority to investigate and manage persons liable for military service who stay or reside within the jurisdiction of diplomatic missions abroad; |
| 2. | Authority to accept and direct applications filed for permission for extension of the period of overseas travel and forwarding such applications to regional military manpower offices (including the forwarding thereof by means of electronic documents); |
| 3. | Authority to notify the results of dispositions on applications filed for permission for extension of the period of overseas travel to persons liable for military service; |
| 4. | Authority to take measures to require persons whose period permitted for overseas travel expires and persons who have violated obligations imposed when the permissions for overseas travel are granted for them, to return to the Republic of Korea; |
| 5. | Authority to verify second-generation Korean nationals residing abroad under Article 128 (6); |
| 6. | Authority to take measures to get persons liable for military service to return to the Republic of Korea in time of war or emergency, or in the event that an order for military force mobilization is issued. |
| (4) | The head of each diplomatic mission abroad shall designate personnel in charge of military affairs, from among public officials under his/her control in order to handle affairs related to military administration delegated pursuant to paragraph (3), and when he/she designates or replaces the personnel in charge of military affairs, he/she shall notify the Commissioner of the Military Manpower Administration thereof. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 157 (Handling of Sensitive Information and Unique Identification Information) |
| (2) | The head of a military administrative agency may handle information of health under Article 23 of the Personal Information Protection Act, information falling under materials of criminal history under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, or materials including resident registration number, passport number or foreign registration number under subparagraph 1, 2 or 4 of Article 19 of the same Decree, in unavoidable cases to perform duties related to military administration, such as enlistment for preliminary military service, draft physical examination (including follow-up draft physical examination and physical examination for confirmation), conscription, recruitment, call-up, enlistment, service, discharge, etc. of a person liable for military service determined by the Act. <Amended on Dec. 20, 2012; Nov. 29, 2016> |
| (3) | The head of an organ who has received the request of cooperation with respect to military administration under Article 80 (2) of the Act, or provision of materials under the latter part of Article 81 (2) of the Act may handle materials including personal information pursuant to paragraph (2), in unavoidable cases for the sake of the cooperation thereof or data provision. |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 158 (Reimbursement of Travel Expenses, etc. and Provision of Food, etc.) |
| (1) | “Follow-up physical examinations and follow-up examinations prescribed by Presidential Decree” in Article 79 (1) 1 of the Act means any of the following examinations: <Newly Inserted on Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020> |
| 1. | Follow-up physical examinations under Article 14 (1) 4 of the Act; |
| 2. | Follow-up physical examinations for those who have been sent home under the main clause of Article 17 (3) of the Act (including cases where it applies mutatis mutandis under Article 56 (1) of the Act and the main clause of Article 29-2 (2) of this Decree) and the main clause of Article 58 (6) of the Act; |
| 3. | Follow-up examinations for those who have been sent home under Article 47 (3) of the Act (including cases where it applies mutatis mutandis under Articles 54 (1) and 56 (2) (limited to matters related to the proviso to Article 55 (1) of the Act) of the Act; |
| 4. | Physical examinations related to the change of a military service disposition under Articles 65 (1), (4), and (8) and 65-2 (1) of the Act (limited to physical examinations for persons whose military service disposition is changed following physical examination). |
| (2) | Travel expenses 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, to be reimbursed to persons liable for military service in accordance with Article 79 (1) of the Act shall be limited to actual expenses within budgetary limits, and the scope, amount, time, and method of and procedures for reimbursement shall be determined by the Commissioner of the Military Manpower Administration or the chief of staff of each service branch (limited to matters relating to travel expenses reimbursed to those who are enlisted in military units after applying for the recruitment of active duty servicemen conducted by the chief of staff of each service branch and to those who are invalided home): Provided, That with regard to travel expenses of persons who apply for screening tests, such as examination of physical strength, interview, written examination and practical examination prescribed in Article 79 (1) 3 of the Act, the frequency of payment of travel expenses may be restricted, which shall be prescribed by the Commissioner of the Military Manpower Administration, in consideration of the scale of expenditure or frequency of screening examinations. <Amended on Dec. 4, 2013; Nov. 4, 2014; Nov. 29, 2016; Sep. 22, 2017; Jul. 2, 2019> |
| (3) | Clothing may be provisioned to persons who have enlisted for a call for military force mobilization training or a military education call and persons who have received education in the barracks while attending schools as student officer cadets, and the Minister of National Defense shall determine the kind of clothing, the scope, standard, procedure, etc. of the provision. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (4) | With regard to persons provided for in paragraph (3), food and compensation for actual expenses may be provisioned within budgetary limits, and in cases of the provision of food, the regulations on meal service to soldiers shall apply mutatis mutandis. <Amended on Sep. 19, 2012; Dec. 4, 2013> |
| (5) | No expenses reimbursed to a medical institution to which an examination is entrusted pursuant to Article 79 (1) 2 of the Act, such as examination fee, shall exceed the limit set pursuant to Article 45 (4) of the National Health Insurance Act: Provided, That those not included in such expenses, the payment procedure, etc. shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 158-2 (Joint Use of Computer Data on Registration of Family Relationship) |
"Duties concerning military service administration prescribed by PresidentialDecree" in Article 80-2 of the Act shall be as follows: <Amended on Jun. 30, 2015; Nov. 29, 2016> | 1. | Selection of those enlisted for full-time reserve service prescribed in Article 21 of the Act and revocation thereof; |
| 2. | Administration of military register prescribed in Article 2; |
| 3. | Volunteering for active duty service, selection, etc. prescribed in Article 29; |
| 4. | Enrollment of military surgeon candidates, judicial officer candidates and veterinary officer candidates prescribed in Article 119; |
| 5. | Postponement of the date of enlistment, etc. prescribed in Article 129; |
| 6. | Transfer, etc. to wartime labor service due to family reasons prescribed in Article 130; |
| 7. | Exemption, etc. of persons in preliminary military service from military service prescribed in Article 134; |
| 8. | Alteration of dispositions for military service of persons to be enlisted for active duty service, etc. prescribed in Article 135; |
| 9. | Disposition for military service for convicts, etc. prescribed in Article 136; |
| 10. | Permission, etc. for overseas travel prescribed in Article 145; |
| 11. | Permission, etc. for extension of period of overseas travel prescribed in Article 147; |
[This Article Newly Inserted on Nov. 4, 2014]
| Article 158-3 (Redemption of Travel Expenses) |
When there occur any expenses to be redeemed in accordance with Article 79 (3) of the Act, the director of a regional military manpower office, the head of a military manpower branch office, or the head of an institution belonging to the Military Manpower Administration in charge of determining physical grades shall notify the relevant party in writing of the reasons for redemption, the fact of such occurrence, the amount of redemption, the deadline for return, the agency to which the expenses are to be returned, the methods for filing an objection, etc. In such cases, the deadline for return shall be at least 30 days after the date of such notification. [This Article Newly Inserted on Nov. 29, 2016]
| Article 159 (Prevention and Policing against Offenses Involved in Military Service) |
| (1) | The Commissioner of the Military Manpower Administration may organize and operate military offense investigation teams in the Military Manpower Administration and regional military manpower offices (including military manpower branch offices) in order to prevent and crack down on offenses involved in military service provided for in Article 81 of the Act. |
| (2) | The Commissioner of the Military Manpower Administration may ask for or request the provision of the following materials pursuant to Article 81 (2) and (3) of the Act: <Amended on Dec. 4, 2013; Jun. 14, 2016> |
| 2. | Materials pertaining to the actual status of the services and management of social service personnel, art and sports personnel, expert research personnel or industrial technical personnel provided for in Article 93 (1); |
| 3. | Materials needed to verify the fact of diseases or mental or physical disorder in order to change a military service disposition provided for in Article 135 (1) and (3); |
| 4. | Materials needed to verify whether profit-making activities provided for in Article 147-2 (1) 1 (e) are carried out; |
| 5. | Materials pertaining to military service, which are kept and managed pursuant to Article 154 (3); |
| 6. | Other materials needed to verify and check whether military service obligation provided for in statutes governing military service is fulfilled. |
| (3) | Matters necessary for the organization, operation, etc. of military offense investigation teams referred to in paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 160 (Disclosure of Personal Information, etc. of Persons who Evade Obligatory Military Service) |
| (1) | "Where grounds prescribed by Presidential Decree exist, such as disease orimprisonment" in the proviso to the main body of Article 81-2 (1) of the Act means any of the following cases: |
| 1. | Where there exist inevitable grounds recognized by the Deliberative Committee on Disclosure of Evasion of Mandatory Military Service prescribed in Article 81-2 (2) of the Act (hereinafter referred to as the Committee" in this Article and Article 161) to make it impracticable to perform the duty of military service due to grounds, such as disease, imprisonment; |
| 2. | Where the Committee recognizes that it is no useful to disclose persons falling under any of the subparagraphs of Article 81-2 (1) of the Act (hereinafter referred to as "persons who evade obligatory military service) or deems it improper to disclose them. |
| (2) | Where the director of the competent regional military manpower office (including the head of the regional military manpower branch office; hereinafter the same shall apply in this Article and Article 161) notifies persons subject to provisional disclosure pursuant to Article 81-2 (3) of the Act of the fact their personal information, etc. is to be disclosed pursuant to Article 81-2 (1), he shall urge them to perform the duty of military service or he shall request them to submit materials for explanation where there exist extenuating circumstances which make it impracticable form them to perform the duty of military service. |
| (3) | Personal information of persons evading obligatory military service to be disclosed pursuant to Article 81-2 (1) of the Act and matters concerning non-performance of obligatory military service (hereinafter referred to as "personal information, etc." in this Article) shall be as follows: |
| 1. | Name, age, or address of persons evading obligatory military service; |
| 2. | Date and gist of evading obligatory military service; |
| (4) | Disclosure prescribed in Article 81-2 (1) of the Act shall be made via the website of the Military Manpower Administration or the competent regional military office (including regional military manpower branch offices; hereinafter the same shall apply in this Article and Article 161). |
| (5) | Where it is no useful to disclose the personal information, etc. including where persons evading mandatory military services listed in the website of the Military Manpower Administration perform the duty of military service pursuant to Article 81-2 (1) of the Act, he shall delete the personal information, etc. prescribed in subparagraphs of paragraph (3), and where the personal information, etc. is listed in the website of the competent regional military manpower office, he shall order the director of the competent regional military manpower office to delete personal information, etc. prescribed in subparagraphs of paragraph (3). |
| (6) | Detailed matters necessary for standards and procedures for deleting personal information, etc. prescribed in paragraph (5) shall be prescribed by the Commissioner of the Military Manpower Administration. |
[This Article Newly Inserted on Jun. 30, 2015]
| Article 161 (Organization and Operation of Committee) |
| (1) | The Committee shall be comprised of ten members prescribed in subparagraphs of paragraph (2), including one Chairperson. |
| (2) | The Chairperson of the Committee shall be the one nominated by the director of the competent regional military manpower office, among director-grade public officials in charge of conscription or call-up or conscription officers of the competent regional military manpower offices, and members shall be the following persons: <Amended on Nov. 29, 2016> |
| 1. | Four persons nominated by the director of the competent regional military manpower office, from among the 6th-grade public officials in charge of duties concerning evasion of obligatory military service or director-grade public officials of the competent regional military manpower offices; |
| 2. | Six persons commissioned by the director of the competent regional military manpower office, from among persons with abundant knowledge and experiences on statues or administration related to military service. |
| (3) | The term of office of commissioned members prescribed in paragraph (2) 2 shall be two years. |
| (4) | A meeting of the Committee shall be convened by attendance of a majority of the members present and resolved with the affirmative vote of a majority of the members present at the meeting. |
| (5) | Matters necessary for organization and operation of the Committee, except for matters prescribed in paragraphs (1) through (4), shall be prescribed by the Commissioner of the Military Manpower Administration. |
[This Article Newly Inserted on Jun. 30, 2015]
| Article 162 Deleted. <Dec. 31, 1999> |
| Articles 163 through 163-3 Deleted. <Feb. 9, 2004> |
| Article 164 (Investigation into Missing Persons) |
| (1) | Where there are persons, from among those liable for military service, who cannot be served with a notice imposing military service obligation on account of their whereabouts being unknown, the director of the regional military manpower office shall investigate their whereabouts. |
| (2) | When the director of a regional military manpower office deems it necessary, he/she may ask the head of the competent police station to investigate the whereabouts of the missing, and the head of the police station shall, upon receiving such request, notify the director of the regional military manpower office of the results of the investigation within 30 days from the date he receives the request. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 165 (Complaints against Evaders of Military Service) |
| (1) | The director of each regional military manpower office shall, when any person liable for military service is found to have evaded a draft physical examination, follow-up draft physical examination, physical examination for verification, conscription, or call-up (including checkups) within his/her jurisdiction without justifiable grounds, file an accusation against such person with the chief of the competent investigative agency without delay: Provided, That where any person who has received notice that he was selected for active duty service voluntarily is found to have evaded enlistment, if the selection was conducted by the chief of staff of each service branch, the relevant chief of staff, and if the selection was conducted by the Commissioner of the Military Manpower Administration, the director of the regional military manpower office shall file an accusation against such person. <Amended on Dec. 4, 2013; Nov. 29, 2016> |
| (2) | When social service personnel, art and sports personnel, public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates or public quarantine veterinarians have deserted from their posts or have not served in the pertinent fields for at least eight days without justifiable grounds, the heads of the service institutions of social service personnel (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, the Minister of Health and Welfare in cases of public health doctors, the Commissioner of the Military Manpower Administration in cases of doctors exclusively in charge of the draft physical examination, the Minister of Justice in cases of public-service advocates, and the Minister of Agriculture, Food and Rural Affairs in cases of public quarantine veterinarians) shall file an accusation against them with the head of the competent investigative agency without delay: Provided, That the Commissioner of the Military Manpower Administration shall file an accusation against them where the heads of the service institutions fail to do so. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016> |
| (3) | When social service personnel or art and sports personnel fall under any of the subparagraphs of Article 33 (2), or the subparagraphs of Article 33-10 (2) of the Act, the head of a service institution shall issue a written warning indicating the time and date, place, grounds, etc., and, in cases falling under any of the subparagraphs of Article 89-3 of the Act, he/she shall file an accusation against such personnel with the head of the competent investigative agency without delay: Provided, That the Commissioner of the Military Manpower Administration shall issue a written warning or file an accusation against the personnel where the head of the service institution fails to do so. <Amended on Nov. 23, 2011; Dec. 4, 2013; Jun. 14, 2016> |
| (4) | Where alternative service personnel desert from their post or fail to serve in the relevant field for at least eight days without justifiable grounds, the head of the competent central administrative agency shall file an accusation against such personnel with the head of the competent investigation agency without delay: Provided, That the Commissioner of the Military Manpower Administration shall file an accusation against the personnel where the head of the competent central administrative agency fails to do so. <Newly Inserted on Jun. 30, 2020> |
| (5) | Where alternative service personnel fall under any of the subparagraphs of Article 24 (2) of the Alternative Service Act, the head of the competent central administrative agency shall issue a written warning stating the date and time, place, grounds, etc., and in cases falling under any of the subparagraphs of Article 89-3 of the Act, he/she shall file an accusation against such personnel with the head of the competent investigative agency without delay: Provided, That the Commissioner of the Military Manpower Administration shall issue a written warning or file an accusation against the personnel where the head of the competent central administrative agency fails to do so. <Newly Inserted on Jun. 30, 2020> |
| (6) | The head of an investigative agency in receipt of an accusation under paragraphs (1) through (5) shall, without delay, report the results of dealing with the accusation to the head of an institution who has filed the accusation. <Amended on Jun. 30, 2020> |
| (7) | The head of an institution who has filed an accusation under paragraphs (1) through (5) shall, without delay, report or notify the results of dealing with the accusation filed under paragraphs (1) through (6) to the director of a regional military manpower office. <Amended on Jun. 30, 2020> |
| (8) | The director of a regional military manpower office shall, upon issuing a written warning or filing an accusation pursuant to paragraphs (2) through (5), notify the head of the relevant service institution thereof without delay. <Amended on Jun. 30, 2020> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 166 (Grant of Rewards) |
| (1) | Those who apprehend persons who have committed an offense provided for in Articles 86 through 88, 88-2, 89, 89-2, 89-3, and 90 of the Act, persons who have contributed to the apprehension of such persons through the provision of information, agencies and public officials who have excellent records of performance in the prevention against and regulation of acts of evading and dodging military service, or other persons who have reported illegal and unfair dispositions for military service may be paid with rewards within budgetary limits. <Amended on Jun. 30, 2020> |
| (2) | The standard for and method of provision of rewards and other necessary matters shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 167 Deleted. <Jun. 30, 2005> |
| Article 168 (Designation, etc. of Medical Facilities) |
| (1) | 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) may designate medical institutions that issue medical certificates for military service which may be used as a reference for the draft physical examination, disposition of exemption from military service of preliminary military service personnel, change of a military service disposition, etc. <Amended on Nov. 29, 2016> |
| (2) | When the director of a regional military manpower office designates medical facilities under paragraph (1), he/she shall take into consideration the number of persons liable for military service, transportation distance, hospital facilities, etc. |
| (3) | When the director of a regional military manpower office designates medical facilities under paragraph (1) he/she shall grant a certificate of commission and publicly announce the title, location, etc. of such medical facilities. |
[This Article Wholly Amended on Dec. 7, 2009]
CHAPTER XII EXCEPTIONS IN WARTIME
| Article 169 (Exceptions in Wartime) |
| (1) | When the Minister of National Defense or the Commissioner of the Military Manpower Administration wishes to take exceptional measures in wartime in accordance with Article 83 (1) or (2) of the Act, he/she shall announce them publicly via newspapers, television, or radio. |
| (2) | In cases of substituting the service of a written notice on imposition of mandatory military service with public announcement in accordance with Article 83 (2) 1 of the Act, either one of the following methods shall be implemented, and the names and addresses shall be included in the contents of the public announcement so that persons liable for military service are informed of their liability: |
| 1. | Public announcement via at least two daily newspapers on at least two occasions; |
| 2. | Public announcement via governmental or public television or radio broadcast and at least one private television or radio broadcast on at least two occasions. |
| (3) | In time of war or emergency, or in the event that an order for military force mobilization is issued, the Minister of National Defense may convert those subject to a call for military force mobilization training, from among persons who are being called up for military force mobilization training or persons who have been mobilized in military units in accordance with other Acts, into those subject to a call for military force mobilization under Article 46 of the Act. In such cases, the heads of the pertinent military units shall promptly notify the directors of regional military manpower offices or the heads of military manpower branch offices of a list thereof. |
| (4) | The Minister of National Defense shall, where he/she intends to suspend or cancel seconded service as obligatory fire-fighting unit personnel or members of auxiliary police companies under Article 25 of the Act, consult with the Commissioner of the National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard, respectively. <Amended on Nov. 19, 2014; Nov. 29, 2016; Nov. 29, 2016; Jul. 26, 2017> |
| (5) | The suspension of a call-up or transfer to social service, art and sports personnel service, expert research personnel service and industrial technical personnel service and the conversion of wartime resources under Article 83 (2) 3 and 4 of the Act may be carried out in stages following a determination of the order of priority of each field of mandatory service. <Amended on Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016> |
| (6) | When persons liable for military service wish to report the change of residence in accordance with Article 83 (2) 7 of the Act, they shall present certificates related to their military service, such as a military service certificate and a certificate of discharge from military service. |
| (7) | In time of war or emergency, or in the event that an order for military force mobilization is issued, the Commissioner of the Military Manpower Administration may reduce the period for service or delivery of a notice of draft physical examination, follow-up draft physical examination, or physical examination for verification as to enlistment in active duty service under Article 9 (1), 21 (1), or 155-2 (3). <Amended on Dec. 4, 2013; Nov. 29, 2016> |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 169-2 (Organization of Committees for Prevention of Military Service Offenders) |
| (1) | The Central Committee for the Prevention of Military Service Offenders provided for in Article 83-2 (1) of the Act shall consist of one chairperson, two vice chairpersons, and ten members, and the Commissioner of the Military Manpower Administration shall be the chairperson, the Deputy Commissioner of the Military Manpower Administration and the Director General of the Criminal Department of the Supreme Public Prosecutors' Office shall be the vice chairperson, respectively, and the members shall be each designated by the heads of the relevant agencies from among public officials of Grade III in rank or public officials in general service in the Senior Civil Service (including public officials in specific and special service equivalent thereto) who belong to the National Assembly Secretariat, the National Court Administration, the Ministry of Foreign Affairs, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, the Ministry of Employment and Labor, the Korean National Policy Agency, the National Tax Service, and the Military Manpower Administration in addition to one member who is recognized by the chairperson as necessary to prevent and crack down on military service offenders and is commissioned by the chairperson. <Amended on Mar. 15, 2010; Jul. 12, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A local committee for the prevention of military service offenders provided for in Article 83-2 (1) of the Act shall consist of one chairperson, two vice chairpersons and six members, and the Mayor/Do Governor shall be the chairperson while the director of the regional military manpower office and the deputy prosecutor general of the district pubic prosecutors' office (the second deputy prosecutor general in cases of the Seoul Central District Public Prosecutors' Office, the Busan District Public Prosecutors' Office, the Daegu District Public Prosecutors' Office, the Incheon District Public Prosecutors' Office and the Suwon District Public Prosecutors' Office) having jurisdiction over the relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") shall each be the vice chairperson, and each of the following persons shall be the members: |
| 1. | Public officials of Grade II or III in rank (public officials of Grade III or IV in rank in the case of the Jeju committee for the prevention of military service offenders) who are designated by the chief judge of the district court (the chief judge of the Seoul family court in the case of the Seoul committee for the prevention of military service offenders); |
| 2. | Public officials with the position of bureau director general who are designated by the Mayor/Do Governor; |
| 3. | The deputy chief of the local policy agency of the City/Do (the head of the detective department of the Seoul policy agency in cases of the local committee for the prevention of military service offenders of the Seoul Special Metropolitan City and the head of the investigative division of the Jeju provincial policy agency in cases of the Jeju committee for the prevention of military service offenders); |
| 4. | One person commissioned by the chairperson from among prosecutors working for the competent district public prosecutors' office; |
| 5. | Two persons commissioned by the chairperson after the latter recognizes them as necessary to prevent and crack down on military service offenders. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 169-3 (Operation of Committees for Prevention of Military Service Offenders) |
| (1) | The chairperson of the Central Committee for the Prevention of Military Service Offenders and each local committee for the prevention of military service offenders (hereinafter referred to as "each Committee") shall exercise overall control of each Committee's administrative affairs, represent each Committee, convene each Committee's meetings, and preside over such meetings. |
| (2) | The vice chairperson of each Committee shall assist the chairperson and when the chairperson is unable to perform his/her duties on the grounds of inevitability, the vice chairperson designated by the chairperson shall perform the chairperson's duties. |
| (3) | Each Committee's meetings shall open with the attendance of a majority of all members on the register and pass resolutions with the concurrent vote of a majority of those present. |
| (4) | Necessary matters concerning the operation of each Committee, with the exception of matters prescribed by this Decree, shall be prescribed by the chairperson following the resolution by each Committee. |
[This Article Wholly Amended on Dec. 7, 2009]
| Article 169-4 (Organization, etc. of Military Service Offender Crackdown Teams) |
| (1) | A military service offender crackdown team shall be organized and operated at each local committee for the prevention of military service offenders with the assignment to prevent the occurrence of military service offenders and crack down on such military service offenders. |
| (2) | A military service offender crackdown team shall be organized at every district public prosecutors' office and its branch office, and its head shall be a prosecutor recommended by the head of the relevant district public prosecutors' office or the head of the branch office of the relevant district public prosecutors' office, while its members shall be public officials in charge of cracking downing on military service offenders designated by the director of the regional military manpower office or the head of the military manpower branch office and policy officers designated by the chief of the local policy agency, and the team for crackdown on military service offenders shall carry out its activities under the direction and supervision of its head. |
| (3) | Specific matters concerning the composition, operation, etc. of military service offender crackdown teams shall be prescribed by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended on Dec. 7, 2009]
CHAPTER XIII PENALTY PROVISIONS
| Article 170 Deleted. <Jun. 30, 2005> |
| Article 171 (Standards for Imposing Administrative Fines) |
The standards for imposing administrative fines for negligence under Article 95 (1) through (3) of the Act are as set forth in attached Table 4. <Amended on Nov. 4, 2014; Sep. 22, 2017> [This Article Wholly Amended on Dec. 7, 2009]
| Article 172 Deleted. <Oct. 8, 2008> |
ADDENDA <Presidential Decree No. 14397, Oct. 6, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions of Article 156 (1) 2 of the Act shall enter into force on January 1, 1995. Article 2 (Repealed Statutes)
Article 3 (Transitional Measures concerning Industrial Technical Personnel who Serve in Defense Industry Research Institutes)
Persons who are serving in defense industry research institutes in accordance with Article 4 of the Addenda to the previous Enforcement Decree of the Special Case Regulation Act (Presidential Decree No. 12992) as at the time this Decree enters into force shall be deemed industrial technical personnel who are serving in defense industry research institutes in accordance with the provisions of Article 72 (3) 1. Article 4 (Transitional Measures concerning Job Training for Transfer to Industrial Technical Personnel Service)
Job training as at the time this Decree enters into force for transfer to industrial technical personnel service as provided for in Article 23-2 of the previous Enforcement Decree of the Special Case Regulation Act shall be deemed job training under this Decree. Article 5 (Transitional Measures concerning Reduction of Service Period of Persons whose Transfer to Expert Research Personnel Service has been Cancelled, etc.)
| (1) | With respect to expert research personnel and industrial technical personnel or persons transferred to expert research personnel service or industrial technical personnel service in accordance with Article 5 (2) of the Addenda to the Act as at the time this Decree enters into force, who have been called for defense or as public duty personnel after this Decree enters into force in accordance with Articles 4 and 5 (3) of the Addenda to the Act due to the cancellation of their transfer for any ground for cancellation provided for in Article 41 (1) 2 of the Act, the period of service shall be reduced by two months for each year (for a period less than one year, this calculated reduction shall not apply) obligatorily served at a designated entity. |
| (2) | Persons who have undergone general military education in accordance with the Presidential Decree on the Implementation of Student Military Education before this Decree enters into force and who are serving as administrative agency personnel, among public duty personnel, shall have their service period reduced according to the following classification, notwithstanding the provisions of Article 116 (1) : Provided, That this shall not apply to persons subject to general military education who have refused such education, persons who failed in the grade evaluation, and persons who fall under Article 63 (2) of the Military Service Act and the proviso to Article 4 (1) of the Addenda to the amended Military Service Act (Act No. 4685): <Newly Inserted by Presidential Decree No. 15030, Jun. 20, 1996> |
| 1. | Persons who have completed the second grade of required basic military education: 21 days; |
| 2. | Persons who have not completed the first grade of basic military education but who have completed the second grade of basic military education: ten days; |
| 3. | Persons who have completed the first grade of basic military education: 10 days. |
Article 6 (Transitional Measures concerning Handling of Dependants of Defense Corps or Persons Subject to Defense Call)
Defense corps, persons subject to a call for defense, or persons to be called for defense in accordance with Article 4 of the Addenda to the Act as at the time this Decree enters into force, who have submitted an application for cancellation of or exemption from the defense call because they fall under any ground for cancellation of or exemption from a defense call under the previous provisions, shall be deemed dependants provided for in Article 130 (1). Article 7 (Transitional Measures concerning Procedure of Application for Reduction of Service Period for Only Sons, etc.)
The procedure of application for reduction of service period for only sons, etc. provided for in the proviso to Article 4 (1) and Article 12 of the Addenda to the Act shall be governed by the previous provisions. Article 8 (Special Cases concerning Assignment of Convicts to Second Citizen Service)
In applying the provisions of Article 136 (1) 1 and 2 to persons who have been sentenced to imprisonment with or without labor or higher punishment on account of their acts committed during the period from March 25, 1989 to February 24, 1993, the sentence of imprisonment with or without labor or higher punishment for the acts committed during the above-mentioned period shall be summed up. In such cases, the provisions of the proviso to Article 136 (1) 2 of the Act shall not apply. Article 9 (Transitional Measures concerning Re-Service of Persons whose Defense Call has been Cancelled on account of Emigration with their Families)
Defense corps and persons who are to be called for defense in accordance with Article 4 of the Addenda to the Act as at the time this Decree enters into force, whose defense call was cancelled in accordance with the provisions of Article 57 (1) 2 of the previous Military Service Act and previous Article 104 (1) 4, but whose cancellation of the call for defense has been revoked in accordance with the proviso to previous Article 104 (1) 4, shall be returned to service until they complete the remaining period of service according to the following classification: | 1. | When cancellation of the defense call has been revoked no later than December 31, 1994: Return to service as defense corps; |
| 2. | When cancellation of the defense call has been revoked after January 1, 1995: Return to service as public duty personnel in accordance with Article 26 (1) 1 of the Act. |
Article 10 (Transitional Measures concerning Persons whose Defense Call has been Withheld)
When the grounds for withholding a defense call of crew members on an intercontinental ship (including persons whose defense call has been withheld no later than December 31, 1994) continue to exist for not less than three years in accordance with Article 58 (1) of the previous Military Service Act and previous Article 106, they may be exempted from a defense call or call for public duty personnel service. Article 11 (Transitional Measures concerning Levy of Administrative Fines against Guarantors of Returning to Korea)
Levy of administrative fines against guarantors of returning to Korea of persons who obtained permission for overseas travel before this Decree enters into force shall be governed by the previous provisions.
Article 12 (Transitional Measures concerning Administrative Dispositions, etc.)
Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office, etc. in accordance with the previous provisions or the previous Enforcement Decree of the Special Case Regulation Act and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency corresponding thereto under this Decree.
Article 13 Omitted.
ADDENDA <Presidential Decree No. 14446, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14819, Dec. 6, 1995>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14 (2), 15 (1), 32 and 158 shall enter into force on January 1, 1996. |
| (2) | (Transitional Measures concerning Administrative Dispositions) Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office, etc. in accordance with the previous provisions and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency under this Decree. |
| (3) | (Transitional Measures with regard to Period of Job Training for Transfer to Industrial Technical Personnel Service) With respect to persons who are receiving job training for transfer to industrial technical personnel service as at the time this Decree enters into force in accordance with the previous provisions, the amended provisions of Articles 84 (1) and 89 (3) shall apply. |
ADDENDUM <Presidential Decree No. 15030, Jun. 20, 1996>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15135, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 15221, Dec. 31, 1996>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15380, May 27, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 47 (1) and (3) shall enter into force on January 1, 1998. Article 2 (Transitional Measures concerning Administrative Dispositions)
Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office, etc. in accordance with the previous provisions and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency under this Decree.
Article 3 (Period of Service of Persons who have Completed Vocational Training to Become Industrial Technical Personnel)
In cases where persons who are receiving vocational training for transfer to industrial technical personnel service pursuant to the previous provisions of Article 84 as at the time this Decree enters into force are transferred to industrial technical personnel service pursuant to the amended provisions of Article 79 (1) after this Decree enters into force, the period of such vocational training shall be included in the period of mandatory service. Article 4 (Applicability to Reduction of Period of Service of Persons whose Transfer has been Cancelled)
The amended provisions of Article 92 (3) shall apply to persons whose transfer to expert research personnel service or industrial technical personnel service has been cancelled on or after the enforcement date of the amended Military Service Act (Act No. 5271) (hereinafter referred to as the "enforcement date of the Act"). Article 5 (Transitional Measures concerning Reduction of Period of Service of Persons whose Transfer to Expert Research Personnel has been Cancelled, etc.)
With respect to persons under Article 4 (1) of the Addenda to the amended Military Service Act (Act No. 4685) who are called to public duty personnel service because their transfer to expert research personnel service or industrial technical personnel service has been cancelled on or after the enforcement date of the Act (limited to persons whose period of mandatory service is one year or longer), the period of service shall be reduced by one month for each six month period during which they mandatorily served in any designated entity: Provided, That the previous provisions shall apply to the reduction of period of service of persons enlisted as active duty servicemen or called as public duty personnel because their transfer to expert research personnel service or industrial technical personnel service has been cancelled before the enforcement date of the Act. Article 6 Omitted.
ADDENDUM <Presidential Decree No. 15919, Oct. 21, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16149, Mar. 3, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 3, 3 (2) and (3), 3-2 (2), 4 (1) and (2), 7, 8 (1) through (3), 9, 51 (1), 90 (2), 94 (4), 129 (3), 130 (2), 132 (1), 134 (1), (3) and (4), 136 (3), 142 (2), 143, 143-2, 156 (2) 2, and 164 shall enter into force on July 1, 1999. Article 2 (Applicability)
| (1) | The amended provisions of Article 37 (1) and (2) shall apply to persons who are enlisted in the military on or after January 1, 1999. |
| (2) | The amended provisions of Article 170 shall apply to persons who have guaranteed the return to Korea of persons who have been issued permits for overseas travel or permits for extending overseas travel. |
Article 3 (Special Case concerning Survey of Persons Subject to Draft Physical Examination)
With regard to the survey of persons subject to the draft physical examination for the first citizen service for 1999, the head of an Eup/Myeon/Dong shall compile a report on the survey of persons subject to the draft physical examination and a list of persons subject to the draft physical examination to furnish them to the director of a regional military manpower office by March 31, 1999 notwithstanding the provisions of Article 8 (1). Article 4 (Transitional Measures concerning Administrative Dispositions, etc.)
Any dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office and the head of a Si/Gu/Eup/Myeon/Dong under the previous provisions, acts performed by administrative agencies, various petitions and acts performed in relation to administrative agencies as at the time this Decree enters into force shall be deemed acts by or in relation to administrative agencies under this Decree.
Article 5 Omitted.
Article 6 (Relations with other Statutes)
Any previous provisions cited or applied mutatis mutandis by other statutes as at the time this Decree enters into force, when this Decree has provisions corresponding thereto, shall be deemed cited or applied mutatis mutandis by this Decree or such corresponding provisions in this Decree in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 16668, Dec. 31, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (1), 3 (2), 3-2 (1) and (3), 4, 7 (1) and (2), 9 (1), 16, 29 (1), 47 (1), 48, 74 (2), 81 (1) 1 and 2 and (2), 82 (4) 3 and 5, 86 (2), 91 (1) 1, 116 (2), 127-2, 143 (2), 144, 148, 153-4 (3), 155, 156, 163-3 (2), 168 (1), and 169 (3) shall enter into force on January 1, 2000. |
| (2) | (Applicability) The amended provisions of Article 134 (8) 3 shall apply to persons who are transferred to or enrolled in domestic educational institutions after the enforcement of this Decree. |
| (3) | (Special Cases concerning Enlistment of Convicts into Second Militia Service) Persons who had been born prior to December 31, 1972 may be enlisted into the second militia service from among the persons subject to the enlistment in active military service or the enlistment in recruit service (excluding persons who have completed the recruit service as officers, warrant officers and sergeants and the service of recruit or the obligatory service) who have been sentenced to imprisonment with or without labor for not less than six months but less than one year and six months and to a stay of execution of imprisonment with or without labor for not less than six months for acts performed until December 31, 1999, notwithstanding the amended provisions of Article 136 (1) 2. |
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17138, Feb. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 28, 2001.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17158, Mar. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2001.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 17159, Mar. 27, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on March 27, 2001. |
| (2) | (Transitional Measures concerning Administrative Dispositions, etc.) Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a military manpower office and the head of a regional military manpower office in accordance with the previous provisions and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency under this Decree. |
ADDENDA <Presidential Decree No. 17361, Sep. 15, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Request for Allocation of Recommended Persons for Scheduled Appointment to Obligatory Fire-Fighting Unit Members)
The Minister of Government Administration and Home Affairs may, notwithstanding the amended provisions of Article 43 (1), request the Minister of National Defense to allocate the relevant recommended personnel within one month after the promulgation of this Decree, in the case of the required personnel scheduled to be appointed to the obligatory firefighting unit members in 2002. Article 3 Omitted.
ADDENDA <Presidential Decree No. 17442, Dec. 31, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Applicants for Active Duty Service) The amendments to Article 29 (4) (latter part) and (5) shall apply to the persons enlisting on and after January 1, 2002. |
ADDENDA <Presidential Decree No. 17636, Jun. 25, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Persons Subject to Recommendation of Public Interest Service Personnel) The amended provisions of Article 49 (1) 6 shall apply to and from the persons who obtained good results by winning 16th or higher ranking in the 2002 World Cup soccer games. |
ADDENDA <Presidential Decree No. 17718, Aug. 21, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 14 (2) shall enter into force on January 1, 2003. |
| (2) | (Transitional Measures concerning Administrative Dispositions, etc.) Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a military manpower office, and the head of a local administrative agency in accordance with the previous provisions and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency under this Decree. |
ADDENDA <Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 18098, Sep. 15, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18133, Nov. 20, 2003>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 18254, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 18273, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Service Period for Person Called up to Serve as Full-Time Reserve)
The amended provisions of Article 37 (2) shall apply, starting with any person who is enlisted in any military unit after October 1, 2003. Article 3 (Applicability to Enlistment of Military Medical Personnel in Second Militia Service)
The enlistment of any of military medical personnel in the second militia service on the grounds of his family problems provided for in Article 120 (1) 4 shall apply, starting with any person who is enlisted as a medical cadet officer after the enforcement of this Decree. Article 4 (Applicability to Postponement of Enlistment Date, etc.)
The amended provisions of the main clause of Article 129 (3) shall apply, starting with any person who receives a notice on the date of his draft physical or the date of his enlistment after the enforcement of this Decree. Article 5 (Applicability to Standards for Extending Mandatory Service Period of Technical Research Personnel)
The amended provisions of the attached Table 3 shall apply, starting with a case where the act of violation begins after the enforcement of this Decree.
Article 6 (Transitional Measures concerning Revocation of Selection of Designated Enterprise)
In the event that any designated enterprise or the head of any designated enterprise has been sentenced to a fine or a heavier punishment on the grounds of any act committed prior to the enforcement of this Decree and such sentence has been confirmed and the technical research personnel or the skilled industrial personnel of such designated enterprise are still working for such designated enterprise, such case shall be governed by the previous provisions, notwithstanding the amended provisions of Article 77 (1) 7. Article 7 (Special Cases concerning Service Period for Full-Time Reserve Still in Service)
The service period of any full-time reserve who was enlisted in any military unit on or before September 30, 2003 and is still in service shall be shortened taking into account the shortening of the service period for active duty service soldiers, etc., and the supply and demand of manpower, but specific period to be shortened by the time of enlistment shall be prescribed by the Minister of National Defense.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18377, Apr. 24, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 18390, May 24, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2004.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18669, Jan. 5, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18891, Jun. 30, 2005>
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18377, Apr. 24, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 18390, May 24, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2004.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18669, Jan. 5, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18891, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Article 2 (Transitional Measures concerning Recommendation for Selecting Designated Enterprises and Notification of Required Personnel)
The filing of applications for selecting designated enterprises, recommendations for selecting designated enterprises and the notifications of required personnel by the heads of designated enterprises, etc. in 2005 in accordance with the amended provisions of Articles 73 (2) and (3) and 75 (1) and (2) shall be governed by the previous provisions. Article 3 (Transitional Measures concerning Age Limit by School, etc.)
The scope of age limit and schools that make it possible to postpone the conscription and calls-up of persons who study at high schools pursuant to the amended provisions of Article 124 (1) 1 and (2) 1 (a) at the time of the enforcement of this Decree shall be governed by the previous provisions. Article 4 (Transitional Measures concerning Military Service Disposition for Mixed-Blood Persons Who Are Unquestionably Distinguishable in Appearance)
The amended provisions of Article 136 (1) 2 (b) shall apply, starting with the persons who were born after January 1, 1987. Article 5 (Transitional Measures concerning Imposing of Obligation to Persons Who Emigrate Abroad)
The amended provisions of Article 147-2 (1) 1 (c) shall apply, starting with the person who first enters the Republic of Korea after the enforcement of this Decree and anyone who stays in the Republic of Korea at the time of the enforcement of this Decree shall be governed by the previous provisions. Article 6 (Transitional Measures concerning Imposition of Obligation on Persons, etc. Who Study at Korean Educational Institutions as Emigrants)
The amended provisions of Article 147-2 (1) 1 (d) shall apply, starting with the person who graduates from any Korean education institution (including the completion of study, the leave of absence from schools, expulsions from schools and removal from school registers, etc.; hereinafter the same shall apply), but the person who has continued to stay in the Republic of Korea after graduating from any Korean educational institution and the person who studies at any Korean educational institution and whose parents or spouse stay in the Republic of Korea at the time of the enforcement of this Decree shall be governed by the previous provisions. Article 7 (Transitional Measures concerning Revocation of Military Service Exemption Disposition for Anyone Who Is Subject to Military Service Exemption Disposition after Obtaining Permanent Resident Status, etc. Together with His Family Abroad)
Anyone who is subject to the revocation of the military service exemption disposition pursuant to the previous provisions of Article 134 (8) shall be deemed the person who falls under the ground provided for in any of items of Article 147-2 (1) 1 of this Decree. Article 8 Omitted.
ADDENDA <Presidential Decree No. 18972, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 19182, Dec. 26, 2005>
This Decree shall enter into force on January 1, 2006.
ADDENDA <Presidential Decree No. 19321, Feb. 8, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19688, Sep. 22, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on September 25, 2006. |
| (2) | (Applicability to Recommendation of Public Interest Service Personnel) The amended provisions of Article 49 (1) 7 shall begin to apply to the persons who have won fourth place or higher in the 2006 World Baseball Classic. |
ADDENDUM <Presidential Decree No. 19789, Dec. 29, 2006>
This Decree shall enter into force on January 1, 2007.
ADDENDUM <Presidential Decree No. 20120, Jun. 28, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDA <Presidential Decree No. 20142, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20222, Aug. 17, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 20286, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2007.
Article 2 (Special Cases concerning Time Limit for Implementation of Education on Duties by Heads of Administrative Agencies Concerned)
Education on duties which shall be implemented by the heads of administrative agencies concerned pursuant to the amended provisions of Article 63 (2) may be, until December 31, 2008, conducted within six months after the end of a call for education, notwithstanding the former part of paragraph (1) of the same Article.
ADDENDA <Presidential Decree No. 20469, Dec. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008.
Article 2 (Applicability to Compensation, etc. to Public Duty Personnel)
The amended provisions of Article 152 (2) shall apply to persons for whom grounds for compensation, etc. accrue on or after the date this Decree enters into force. Article 3 (Transitional Measures concerning Persons with Special Talents in Field of Art or Sports)
The previous provisions shall apply to service as public duty personnel of those who fall under the previous Article 49 (1) 2, 6, or 7 as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 20675, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20797, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20854, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 21069, Oct. 8, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the former part of the part other than the subparagraphs of Article 136 (1) shall enter into force on January 1, 2009.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21256, Jan. 7, 2009>
This Decree shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 21774, Oct. 8, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21867, Dec. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2009: Provided, That the amended provisions of Articles 47, 47-3, 48, 49, and 51 (2), subparagraph 7 of Article 52, Articles 62 and 92-2, subparagraph 1 of Article 107, proviso to Article 137 (1) 1, and Article 137 (1) 3 shall enter into force on January 1, 2010. Article 2 (Applicability to Method, etc. of Calculating Service Period of Active Duty Servicemen)
The amended provisions of Article 30 shall also apply to persons who are in service or are scheduled to be in service as active duty servicemen (including full-time reserve personnel) or administrative agency personnel after having been expelled from educational institutions under Article 30 (1) as at the time this Decree enters into force: Provided, That the previous provisions shall apply where calculating the service period as prescribed in the previous provisions is more advantageous. Article 3 (Applicability to Change of Job by Expert Research Personnel and Industrial Technical Personnel)
The amended provisions of Article 85 (2) 5 shall also apply to persons engaged in designated entities which are closed or have been issued a disposition for suspension of business as at the time this Decree enters into force. Article 4 (Applicability to Change of Disposition for Military Service without Physical Examination)
The amended provisions of Article 135 (3) shall apply to persons who file an application for change of a disposition for military service on or after the date this Decree enters into force. Article 5 (Applicability to Change of Disposition for Military Service of Inmates, etc. of Protection Facilities for Children)
| (1) | The amended provisions of Article 136 (1) 2 (e) shall also apply to those who have been or are put under protection in protection and treatment facilities for children, communal homes and vocational training facilities for children as at the time this Decree enters into force. |
| (2) | The amended provisions of Article 136 (1) 2 (h) shall also apply to those whose gender has been changed from female to male in the family relationship register as at the time this Decree enters into force. |
Article 6 (Applicability to Change of Disposition for Military Service of Active Duty Servicemen, etc.)
The amended provisions of the proviso to Article 137 (1) 1 and of Article 137 (1) 3 shall apply to persons who undergo a physical examination on or after the date this Decree enters into force. Article 7 (Transitional Measures concerning Persons who have Obtained Permission for Overseas Travel)
Notwithstanding the amended provisions of Article 146 (1), the previous provisions shall apply to persons who have obtained permission for overseas travel or for extension of the period of overseas travel on the ground of residence in a foreign country with either of their parents as prescribed in previous Article 146 (1) 11. Article 8 Omitted.
Article 9 (Relationship with other Statutes)
Where any provisions of the previous Enforcement Decree of the Military Service Act are cited in other statutes as at the time this Decree enters into force, the corresponding provisions of this Decree shall be deemed to have been cited in place of the previous provisions if such corresponding provisions exist in this Decree.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22234, Jun. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22286, Jul. 21, 2010>
This Decree shall enter into force on July 26, 2010: Provided, That the amended provisions of Articles 129, 135, 136, 137 (1) 4 and 5, and 149 shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 22290, Jul. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2010.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22414, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 135 (3), 136 (2), and 147-2 shall enter into force on January 1, 2011. Article 2 (Applicability)
The amended provisions of Article 147-2 shall apply to cases where either of the parents of a person who has obtained permission for overseas travel or for extension of the period of overseas travel on the condition that he reside in a foreign country with either of his parents falls under any ground referred to in Article 147-2 (1) 1 (a) through (c) on or after January 1, 2011.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22560, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Feb. 5, 2011.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Dec. 30, 2010: Provided, That Article 7 (11) of the Addenda shall enter into force from Jan. 1, 2011. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22687, Mar. 2, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22752, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Leave of Administrative Agency Personnel)
| (1) | Notwithstanding the amended provisions of Article 59 (1) 1, former provisions shall apply for a person who has been called not later than Dec. 31, 2010. |
| (2) | Notwithstanding the amended provisions of Article 59 (1) 2 (a), former provisions shall apply to a person who has received the authorization of emergency leave from the head of each service institution at the time of enforcement of this Decree. |
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 23026, Jul. 14, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23305, Nov. 23, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 25, 2011. The amended provisions of Article 17, 26, 119 (1) 2, 120 (1) 3, 128, and 136 (1) 2 (g) of the Decree shall enter into force on Jan. 1, 2012. Article 2 (Applicability to Inclusion, etc. in the Period of Service as to the Period of Basic Military Training for Persons Expelled from Military Academy)
| (1) | The amended provision of Article 30 (7) shall apply to cases where persons serve as active duty servicemen, onboard ship reserve service, public duty personnel, expert research personnel, or industrial technical personnel at the time when this Decree enters into force. |
| (2) | The amended provisions of Article 30 (9) shall apply to cases where persons serve as active duty servicemen, onboard ship reserve service, public duty personnel, expert research personnel, or industrial technical personnel but fail to take the basic military training at the time when this Decree enters into force. |
Article 3 Deleted. <by Presidential Decree No. 28905, May 28, 2018>
Article 4 (Applicability to Exemption or Reduction of Military Service for Convict of Evasion of Military Service)
The proviso to parts other than each item of Article 136 (1) 1, the amended provisions of the proviso to Article 136 (1) 2 (a), the proviso to Article 137 (1) 2, and the amended provisions of Article 137 (1) 4 shall apply from the case where all the following requirements are satisfied: | 1. | After the Decree enters into force, a person who injures his body or commits a deceitful act with the intention of evading military service or having military service reduced; |
| 2. | A person who is sentenced to imprisonment with labor pursuant to Article 86 of the Act by the act of the above subparagraph 1. |
Article 5 (Applicability to Changes of Dispositions for Military Service of Active Duty Servicemen, etc.)
The amended provisions of Article 137 (3) shall also apply to a person who has been transferred to the second citizen service by the reason of being convicted as an enlisted man of active duty service or reserve service. Article 6 (Applicability to Calculation of Period of Actual Service of Onboard Ship Reserve Personnel, etc.)
The amended provision of Article 151 shall apply from a person who has been called after the date on Feb. 27, 2011. Article 7 (Special Cases concerning Enrollment of Judicial Officer Candidates)
At the time when this Decree enters into force, in cases where persons working on the prescribed course at law schools who can obtain the qualification to be a judge, public prosecutor, or attorney-at-law by the time they reach the age of 30 intend to apply for the judicial official candidates pursuant to the amended provisions of Article 119 (1) 2, they shall submit the Commissioner of the Military Manpower Administration via the heads of law schools an application for a judicial official candidate not later than Feb. 29, 2012 notwithstanding the former part of paragraph (2) of the same Article. Article 8 (Transitional Measures concerning Excluding Subject to Enrollment on Second Citizen Service for Persons, etc. not Graduating from Middle School)
Before this Decree enters into force, in cases where persons who have been transferred to the second citizen service pursuant to the previous Article 136 (1) 2 (g) and were born not later than Dec. 31, 1992, notwithstanding the former provision of Article 136 (1) 2 (g), the former provisions shall apply.
ADDENDUM<Presidential Decree No. 23419, Dec. 28, 2011>
This Decree shall enter into force on January 1, 2012.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23620, Feb. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23795, May 22, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23892, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of other Statutes)
The Regulations on the Promotion and Appointment of Officers Enlisted for Reserve Service are hereby repealed.
Article 3 (Transitional Measures concerning Reserve Service having been Promoted or Appointed to Officers)
A person enlisted for reserve service who has been promoted or appointed to officers enlisted for reserve service in accordance with the previous Regulations on the Promotion and Appointment of Officers Enlisted for Reserve Service as at the time this Decree enters into force shall be deemed promoted or appointed to officers enlisted for reserve service under this Decree.
ADDENDA <Presidential Decree No. 24018, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 24102, Sep. 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 16, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24105, Sep. 19, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24238, Dec. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 134 (6) shall enter into force on January 1, 2013. Article 2 (Applicability to Shortening of Service Period for Onboard Ship Reserve Service, etc.)
| (1) | The amended provisions of Articles 40-7 (5) and 92 (3) shall also apply to those who are serving as active duty servicemen or public duty personnel after their transfer to onboard ship reserve service, expert research personnel service, or industrial technical personnel service was cancelled before this Decree enters into force. |
| (2) | With respect to anyone for whom the service period to be shortened pursuant to the amended provisions of Articles 40-7 (5) and 92 (3) is longer than the remaining service period under the previous provisions, among those who are serving as active duty servicemen or public duty personnel, as at the time this Decree enters into force, after their transfer to onboard ship reserve service, expert research personnel service, or industrial technical personnel service was cancelled, his service period shall be reduced by the remaining service period under the previous provisions. |
Article 3 (Applicability to Those Staying in Republic of Korea after Having Obtained Permission for Overseas Travel, etc.)
In applying the amended provisions of Article 147-2 (1) 3 to anyone who is staying in the Republic of Korea after having obtained permission for overseas travel or permission for extension of the period of overseas travel before this Decree enters into force, the period of his stay in the Republic of Korea shall be calculated from the date when this Decree enters into force. Article 4 (Transitional Measures concerning Cancellation of Exemption, etc. of Persons in First Citizen Service from Military Service)
Notwithstanding the amended provisions of Article 134 (6), anyone who has been exempted from military service or transferred to the second citizen service pursuant to the previous provisions of Article 134 (5) before this Decree enters into force shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 24413, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24553, May 31, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 24890, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013: Provided, That the amended provisions of subparagraph 1 of Article 52 and Articles 77, 78, 78-2, 78-3, 85, 88, 89, 91 (1) 4, 124-2, 130 (1) 1 through 5, 135 (3), and 155-3 shall enter into force on January 1, 2014. Article 2 (Applicability to Cancellation of Selection of Designated Entities Due to Violations of the Labor Standards Act) Article 3 (Applicability to Change of Period during which Law School Students shall File Applications for Judicial Officer Candidates)
The change of the period during which law school students shall file applications for judicial officer candidates under the amended provisions of Article 119 (2) shall apply to those who enter law schools after this Decree enters into force. Article 4 (Applicability to Physical Examinations to Alter Dispositions for Military Service of Persons Registered as those with Disabilities)
The amended provisions of Article 135 (3) shall apply to those who file applications for alteration of military service dispositions on or after the enforcement date described in the proviso to Article 1 of this Addenda. Article 5 (Applicability to Reimbursement of National Health Insurance Premiums)
The amended provisions of Article 155-3 shall apply to national health insurance premiums, the notices of which are given on or after the enforcement date described in the proviso to Article 1 of these Addenda. Article 6 (Transitional Measures concerning Expert Research Personnel Enrolled in Doctorate Programs at Graduate Schools of Natural Science)
With respect to those who have been transferred to expert research personnel service pursuant to the previous provisions of subparagraphs 2 and 3 of Article 37 of the Act before the enforcement date described in the proviso to Article 1 of these Addenda, matters concerning the change of jobs, the notification of enrollment in doctorate programs, the calculation of mandatory service period and the notification of changes in status shall be governed by the previous provisions, notwithstanding the amended provisions of Articles 85, 88 (2), 89 and 91 (1) 4. Article 7 (Transitional Measures concerning Alterations to Standards for Recognition of Bread Earners, etc.)
With respect to those who have submitted applications for reduction of or exemption from military service due to difficulties in supporting livelihood pursuant to Article 132 (1) before the enforcement date described in the proviso to Article 1 of these Addenda, the standards for recognition of bread earners, dependants, self-supporters, etc. shall be governed by the former provisions, notwithstanding the amended provisions of Article 130 (1) 1 through 5. Article 8 Omitted.
ADDENDA <Presidential Decree No. 25435, Jun. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25687, Nov. 4, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 10, 2014: Provided, That the amended provisions of Articles 158 and 171 and the attached Table 4 shall enter into force on November 29, 2014. Article 2 (Applicability to Period of Handling Grievances)
The amended provisions of Article 64 (3) and (4) shall apply, beginning with the first application for reviewing grievances received after this Decree enters into force. Article 3 (Applicability to Change of Jobs by Industrial Technical Personnel)
The amended provisions of the latter part of Article 85 (2) shall also apply to person who changed jobs pursuant to the previous provisions of Article 85 (2) 1 (b) before this Decree enters into force.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part which was promulgated before this Act enter into force but the enforcement date of which has not yet arrived, among Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the date when the relevant Presidential Decree enters into force, respectively. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26348, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015.
Article 2 (Transitional Measures concerning Permission for Overseas Trips of Expert Research Personnel or Industrial Technical Personnel)
Those transferred to expert research personnel or industrial technical personnel before this Decree enters into force, shall be governed by the previous provisions, notwithstanding the amended provisions of Article 87 (4) and 89 (2) 4.
ADDENDA <Presidential Decree No. 26551, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27056, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27220, Jun. 14, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 93 (6) and (7), 153 (4) and (6), and 155-4 shall enter into force on June 16, 2016, and the amended provisions of Articles 92-2, 100-2, 136 (1), 155-5, and 155-6 shall enter into force on July 20, 2016. Article 2 (Applicability concerning Service Period of Persons Expelled from Military Academy, etc.)
The amended provisions of Article 30 (7) and (9) shall also apply where persons expelled from a military academy, etc. for whom two years elapse after the date of expulsion, are conscripted or called-up and serve as active duty servicemen, persons called to full-time reserve service, seconded personnel, onboard ship reserve personnel, social service personnel, arts and sports personnel, expert research personnel, industrial technical personnel, public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates, or public quarantine veterinarians as at the time this Decree enters into force. In such cases, with regard to those working in excess of the remaining military service period, when the period of military training received at educational institutions before they are expelled pursuant to the amended provisions of Article 30 (7) is included in the period of military service period, from among persons working as active duty servicemen, persons called to full-time reserve service, seconded personnel, onboard ship reserve personnel, social service personnel, arts and sports personnel, expert research personnel, industrial technical personnel, public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates, or public quarantine veterinarians as at the time this Decree enters into force, their military service period shall be deemed to expire when this Decree enters into force. Article 3 (Transitional Measures concerning Change of Jobs of Expert Research Personnel or Industrial Technical Personnel)
Where approval from the director of competent regional military manpower offices is obtained for the change of jobs of expert research personnel or industrial technical personnel or notification on change of personal information is made about change of jobs of expert research personnel or industrial technical personnel before this Decree enters into force, they shall be governed by the previous provisions, notwithstanding the amended provisions of Article 85 (4). Article 4 (Transitional Measures concerning Non-inclusion of Mandatory Service Period of Expert Research Personnel or Industrial Technical Personnel)
Those transferred to expert research personnel or industrial technical personnel before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Articles 89 (2) and 91 (1). Article 5 (Transitional Measures concerning Education Period of Emigrants at Domestic Educational Institutions, etc.)
Those attending domestic educational institutions prescribed in Article 124 as at the time this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 147-2 (1) 1 (c) and (d). Article 6 Omitted.
ADDENDA <Presidential Decree No. 27617, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27619, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27620, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Article 2 (Applicability to Inclusion in Period of Enlistment for Active Duty Service, etc.)
The amended provisions of Articles 27 (2), 29-2 (2), 36, 43 (6), 110 (1), and 113-2 (4) shall apply to a person who is re-enlisted for active duty service, re-called to full-time reserve service, seconded, or re-called for education to supplementary service or onboard ship reserve service after being sent home as an invalid from a military unit or enlistment office, beginning on the date this Decree enters into force. Article 3 (Applicability to Travel Expenses Incurred by Persons Undergoing Physical Examinations Related to Change of Military Service Disposition)
The amended provisions of Article 158 (1) 4 shall apply to a claim for reimbursement of expenses incurred by a person who has undergone a physical examination related to the change of military service disposition after this Decree enters into force. Article 4 Omitted.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended portions of any Presidential Decree which was revised pursuant to Article 8 of the Addenda to the Decree on the Organization of the Ministry of the Interior and Safety and Institutions under Its Jurisdiction and promulgated before the Decree on the Organization of the Ministry of the Interior and Safety and Institutions under Its Jurisdiction enters into force, but the enforcement date of which has not arrived yet, shall enter into force on the enforcement date of that Presidential Decree. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28266, Sep. 5, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28340, Sep. 22, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2017.
Article 2 (Applicability to Service Period of Persons Expelled from Military Academy, etc.)
The amended provisions of Article 30 shall apply to those who are expelled from any educational institution pursuant to paragraph (1) of the same Article before this Decree enters into force, and then are enlisted or called-up and in service after this Decree enters into force. Article 3 (Applicability to Basic Education on Service, Education on Duties, etc. for Social Service Personnel)
The amended provisions of Article 67 (2) shall apply to those who are sentenced to a fine or heavier punishment on any grounds other than those prescribed in Article 33-2 (3) 1 and 2 of the Act, or who are deemed unfit to perform active service due to maladjustment to the military service and so transferred to supplementary service, after this Decree enters into force. Article 4 Omitted.
ADDENDA <Presidential Decree No. 28440, Nov. 21, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28473, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 21, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28905, May 28, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 29, 2018.
Article 2 (Applicability to Second Generation Korean National Residing Abroad)
In applying the amended provisions of the forepart of Article 128 (4) to a second generation Korean national residing abroad who was born on or before December 31, 1993, the period of his stay in Korea under paragraph (7) 2 of the same Article shall be computed from the period during which he stays in Korea after this Decree enters into force. Article 3 (Applicability to Transfer of Persons subject to Call-up to Social Service to Wartime Labor Service)
The amended provisions of Article 135 (8) shall also apply to persons subject to call-up to social service personnel service for whom at least two years have elapsed since January 1 of the year following their transfer to supplementary service as at the time this Decree enters into force. Article 4 (Transitional Measures concerning Standards for Selection of Veterinary Officer Candidates)
Notwithstanding the amended provisions of Article 119 (2) and (3), persons who have entered a veterinary college on or before December 31, 2017 shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 29373, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Reduction of Period of Service of Persons Called to Full-Time Reserve Service)
The amended provisions of Article 37 (2) shall also apply to persons who serve as full-time reserve service as determined by the Minister of National Defense as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
Articles 2 through 33 Omitted.
ADDENDA <Presidential Decree No. 30323, Jan. 7, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Follow-Up Physical Examination Where Recovery Period is at Least Three Months)
The amended provisions of the latter part of Article 26 (1) 1 (b) shall also apply to persons in whose case the recovery period does not end as at the time this Decree enters into force. Article 3 (Applicability to Leave on Application by Social Service Personnel)
| (1) | The amended provisions of Article 59 (1) 2 (d) shall begin to apply where a lineal descendant dies, or any grandparent or maternal grandparent of the principal or spouse dies on or after the date this Decree enters into force. |
| (2) | The amended provisions of Article 59 (1) 2 (f) shall begin to apply where the spouse gives birth on or after the date this Decree enters into force. |
Article 4 (Applicability to Addition of Days of Annual Leave for Social Service Personnel)
The amended provisions of Article 59 (5) shall begin to apply to persons in whose case at least 30 days are left until the date of discharge from a call-up as at the time this Decree enters into force. Article 5 (Applicability to Remuneration of Social Service Personnel)
The amended provisions of Article 62 (1) shall begin to apply to remuneration paid in January 2020.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 30806, Jun. 30, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2020: Provided, That the amended provisions of Article 27 (3) 2 shall enter into force on August 5, 2020. Article 2 (Applicability to Timing of Call for Military Education of Public Health Doctors)
The amended provisions of Article 107 (2) shall also apply to public health doctors assigned to service institutions for disaster management in response to COVID-19 as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Exclusion from Calculation of Period of Active Duty Service)
Notwithstanding the amended provisions of Article 27 (3) 2, the previous provisions shall apply to inclusion of the period of active duty service of persons who are confined in a military detention facility or other places of detention after receiving a disposition of imprisonment in a military detention facility pursuant to the previous provisions as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 31058, Sep. 29, 2020>
This Decree shall enter into force on October 1, 2020.