| (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 where anyone who falls under subparagraph 1 (c) through (e) is a second-generation Korean national residing abroad under Article 128 (5): <Amended by Presidential Decree No. 22286, Jul. 21, 2010; Presidential Decree No. 22414, Oct. 1, 2010; Presidential Decree No. 24238, Dec. 20, 2012; Presidential Decree No. 24890, Dec. 4, 2013; Presidential Decree No. 25687, Nov. 4, 2014; Presidential Decree No. 27220, Jun. 14, 2016> |
| 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; <by Presidential Decree No. 23305, 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; <by Presidential Decree No. 27220, 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 or enlistment in the military 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) through (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. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]