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MILITARY SERVICE ACT

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MILITARY SERVICE ACT No.18003 20210714
MILITARY SERVICE ACT No.17684 20210623
MILITARY SERVICE ACT No.17580 20210609
MILITARY SERVICE ACT No.17278 20210520
MILITARY SERVICE ACT No.17166 20200331
MILITARY SERVICE ACT No.17163 20210401
MILITARY SERVICE ACT No.16928 20200805
MILITARY SERVICE ACT No.16852 20200101
MILITARY SERVICE ACT No.16356 20190724
MILITARY SERVICE ACT No.16279 20200116
MILITARY SERVICE ACT No.15270 20190701
MILITARY SERVICE ACT No.15054 20180529
MILITARY SERVICE ACT No.14839 20170726
MILITARY SERVICE ACT No.14611 20170922
MILITARY SERVICE ACT No.14555 20170809
MILITARY SERVICE ACT No.14184 20161130
MILITARY SERVICE ACT No.14183 20160830
MILITARY SERVICE ACT No.14170 20161130
MILITARY SERVICE ACT No.13778 20160119
MILITARY SERVICE ACT No.13566 20160316
MILITARY SERVICE ACT No.13425 20160125
MILITARY SERVICE ACT No.12906 20150701
MILITARY SERVICE ACT No.12684 20140528
MILITARY SERVICE ACT No.12560 20140509
MILITARY SERVICE ACT No.11849 20130604
MILITARY SERVICE ACT No.11690 20130323
MILITARY SERVICE ACT No.11530 20131212
MILITARY SERVICE ACT No.11093 20120523
MILITARY SERVICE ACT No.11042 20120701
MILITARY SERVICE ACT No.10866 20110722
MILITARY SERVICE ACT No.10814 20110705
MILITARY SERVICE ACT No.10704 20111125
MILITARY SERVICE ACT No.10703 20110524
MILITARY SERVICE ACT No.9955 20100726
MILITARY SERVICE ACT No.9946 20100726
MILITARY SERVICE ACT No.9932 20100319
MILITARY SERVICE ACT No.9754 20091210
MILITARY SERVICE ACT No.9620 20091002
MILITARY SERVICE ACT No.8852 20080229
MILITARY SERVICE ACT No.8834 20090101
MILITARY SERVICE ACT No.8749 20080622
MILITARY SERVICE ACT No.8549 20071028
MILITARY SERVICE ACT No.8447 20070517
MILITARY SERVICE ACT No.8435 20080101
MILITARY SERVICE ACT No.8422 20070511
MILITARY SERVICE ACT No.8372 20070411
MILITARY SERVICE ACT No.8243 20070119
MILITARY SERVICE ACT No.8024 20070101
MILITARY SERVICE ACT No.7977 20070101
MILITARY SERVICE ACT No.7897 20060925
MILITARY SERVICE ACT No.7845 20060102
MILITARY SERVICE ACT No.7541 20060101
MILITARY SERVICE ACT No.7430 20050701
MILITARY SERVICE ACT No.7272 20050701
MILITARY SERVICE ACT No.7186 20040311
MILITARY SERVICE ACT No.6997 20031211
MILITARY SERVICE ACT No.6972 20031204
MILITARY SERVICE ACT No.6809 20030327
MILITARY SERVICE ACT No.6749 20021205
MILITARY SERVICE ACT No.6547 20020701
MILITARY SERVICE ACT No.6502 20010915
MILITARY SERVICE ACT No.6290 20010327
MILITARY SERVICE ACT No.6287 20010327
MILITARY SERVICE ACT No.6058 19991228
MILITARY SERVICE ACT No.5758 20000101
MILITARY SERVICE ACT No.5757 19990205
MILITARY SERVICE ACT No.5454 19980101
MILITARY SERVICE ACT No.5271 19970501
MILITARY SERVICE ACT No.5161 19960816
MILITARY SERVICE ACT No.5153 19960808
MILITARY SERVICE ACT No.4840 19950101
MILITARY SERVICE ACT No.4685 19940101
MILITARY SERVICE ACT No.4506 19921202
MILITARY SERVICE ACT No.4317 19910201
MILITARY SERVICE ACT No.4156 19900401
MILITARY SERVICE ACT No.3999 19880217
MILITARY SERVICE ACT No.3778 19850615
MILITARY SERVICE ACT No.3696 19840301
MILITARY SERVICE ACT No.3630 19821231
MILITARY SERVICE ACT No.3544 19820330
MILITARY SERVICE ACT No.3498 19811231
MILITARY SERVICE ACT No.3451 19810605
MILITARY SERVICE ACT No.3445 19810417
MILITARY SERVICE ACT No.3266 19810101
MILITARY SERVICE ACT No.3201 19791228
MILITARY SERVICE ACT No.3111 19790101
MILITARY SERVICE ACT No.2978 19770101
MILITARY SERVICE ACT No.2748 19750404
MILITARY SERVICE ACT No.2625 19731010
MILITARY SERVICE ACT No.2454 19730302
MILITARY SERVICE ACT No.2437 19730115
MILITARY SERVICE ACT No.2259 19710101
MILITARY SERVICE ACT No.2226 19700807
MILITARY SERVICE ACT No.1926 19670330
MILITARY SERVICE ACT No.1834 19660803
MILITARY SERVICE ACT No.1703 19650701
MILITARY SERVICE ACT No.1575 19631217
MILITARY SERVICE ACT No.1163 19621001
MILITARY SERVICE ACT No.444 19570815
MILITARY SERVICE ACT No.203 19510525
MILITARY SERVICE ACT No.41 19490806
CHAPTER I GENERAL PROVISIONS
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Article 1 (Purpose)
The purpose of this Act is to provide for matters concerning the mandatory military service by citizens of the Republic of Korea.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 2 (Definitions, etc.)
(1) The terms used in this Act shall be defined as follows: <Amended by Act No. 9955, Jan. 25, 2010; Act No. 10704, May 24, 2011>
1. The term "conscription" means that the State imposes a duty to perform active service on any person liable for military service to serve in the military;
2. The term "call-up" means that the State imposes a duty to perform military service, other than active duty service, or to serve in the field of public interest, on a person in reserve service, supplemental service or the second citizen service among persons liable for military service or persons performing military service through volunteering (means a feminine gender performing active service through volunteering in accordance with the latter part of Article 3 (1) of the Act);
3. The term "enlistment in the military" means that a person liable for military service enters a military unit through conscription, call-up, or volunteering;
4. The term "officer cadet" means a cadet who receives education, training, etc. at a military educational institution, training agency, etc. to be assigned for military register as officer, warrant officer and noncommissioned officer. The term "officer candidate" means a cadet at a military academy, officer candidate, warrant officer candidate, or noncommissioned officer candidate in active duty service, or an officer candidate or noncommissioned officer candidate in the first citizen service;
5. The term "employer" means the head of a public or private enterprise or organization which employs a person liable for military service and is thereby governed by the Labor Standards Act;
6. The term "doctor specializing in the draft physical examination" means a person who has a doctor's license or dentist's license and is employed as a public official in general service or contractual service prescribed by Presidential Decree pursuant to the State Public Officials Act to perform the duties related to physical examinations, etc.;
7. The term "secondment" means that the status of a person serving as an active duty serviceman is changed so that he may be engaged in the duties of a security guard of a correctional institution, riot police officer, or obligatory fire fighter;
8. The term "full-time reserve service" means personnel who are called up and perform active duty service to support the defense of their homeland and affairs related thereto, after having performed active service as an active duty serviceman for a specified period and then having been transferred to reserve service;
9. The term "onboard ship reserve service" means personnel who are mariners or engineers under Article 4 (2) 1 and 2 of the Ship Personnel Act, and who are called for taking charge of works to transport goods essential for the national economy and military supplies as well as works related thereto during a war, civil war, or an emergency similar thereto in accordance with the Emergency Resources Management Act or the International Ship Registration Act to perform their service aboard a ship;
10. The term "public duty personnel" means persons called up to serve in a field of public interest to support social service duties, administrative duties, etc. related to social welfare, hygiene, medical service, education, culture, environment, safety, etc. or to foster arts and sports, or for international cooperation, which are necessary for the following agencies, etc. serving public interest:
(a) State agencies;
(b) Local governments;
(c) Public organizations;
(d) Social welfare facilities installed under Article 2 of the Social Welfare Services Act (hereinafter referred to as "social welfare facilities");
11. The term "public health doctor" means a person who has a doctor's license, dentist's license or oriental medical doctor's license and is engaged in public health service, as prescribed by the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc.;
12. The term "international cooperative doctor" means a person who has a doctor's license, dentist's license or oriental medical doctor's license and is engaged in international cooperation service, as prescribed by the International Cooperation Personnel Act;
13. The term "public-service advocate" means a person who has a lawyer's license and is engaged in legal aid affairs or legal affairs necessary for carrying out affairs of the State or local governments which have public objectives, as prescribed by the Public-Service Advocates Act;
14. The term "doctor exclusively in charge of the draft physical examination" means a person who has a doctor's license or dentist's license and is assigned to engage exclusively in physical examinations, etc. in the military under Article 34;
15. The term "public quarantine veterinarian" means a person who has a veterinarian's license and is engaged in the business of epidemic prevention for livestock in accordance with the Act on the Public Service Veterinarians for Prevention of Epidemics;
16. The term "expert research personnel" means persons assigned to serve as expert research personnel as prescribed in Article 36 to carry out research on learning and technology, and engaged in any research affairs in the relevant technical field;
17. The term "industrial technical personnel" means persons assigned to serve as industrial technical personnel as prescribed in Article 36 to foster and support the industries, and engaged in the relevant field;
18. The term "designated entity" means any of the following entities where expert research personnel or industrial technical personnel are to be in service:
(a) A research institution, key industrial enterprise, or defense enterprise selected by the Commissioner of the Military Manpower Administration under Article 36;
(b) An agricultural corporation under Article 19 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter referred to as "agricultural corporation");
(c) An after-sales service enterprise of agricultural machinery under Article 11 (2) of the Agricultural Mechanization Promotion Act (hereinafter referred to as "after-sales service enterprise");
19. The term "public organization" means a corporation or organization established under an Act to attain public objectives and prescribed by Presidential Decree.
(2) Where this Act prescribes the ages to perform military service, the term "from xx years of age" means "from the 1st of January in the year in which he attains that age," and the term "to xx years of age" means "until the 31st of December in the year in which he attains that age."
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 3 (Military Obligation)
(1) Every masculine gender of the Republic of Korea shall faithfully perform military service, as prescribed by the Constitution of the Republic of Korea and this Act. A feminine gender may perform only active service or reserve service through volunteering. <Amended by Act No. 10703, May 24, 2011; Act No. 10704, May 24, 2011>
(2) Unless otherwise prescribed in this Act, no special exception to military obligation shall be prescribed.
(3) Any person wishing to engage in mandatory military service or voluntary military service under paragraph (1) shall be protected against discrimination on the grounds of race, skin color, etc.
(4) Any person liable for military service but sentenced to imprisonment or imprisonment without prison labor for six or more years may not perform military service, and his name shall be expunged from the military register.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 4 (Relationship with the Military Personnel Management Act)
Except as provided for in this Act, the Military Personnel Management Act shall apply to the service, etc. of those enlisted in the military through conscription, call-up, or volunteering.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 5 (Categories of Military Service)
(1) Military service shall be classified as follows: <Amended by Act No. 9955, Jan. 25, 2010>
1. Active duty service: Men enlisted in the military through conscription or volunteering, and officers, warrant officers, noncommissioned officers, and officer candidates appointed to serve on active duty as prescribed by this Act or the Military Personnel Management Act;
2. Reserve service: Personnel who have completed active duty service and those transferred to reserve service otherwise as prescribed by this Act;
3. Supplemental service: Personnel found to be capable of serving on active duty as a result of a draft physical examination, but not determined as those subject to enlistment in the military as active duty soldiers due to the supply and demand conditions of the armed forces, and those in service or mandatory service as public duty personnel, public health doctors, doctors exclusively in charge of the draft physical examination, international cooperative doctors, public-service advocates, public quarantine veterinarians, expert research personnel or industrial technical personnel, or have completed such service or mandatory service, and those assigned to supplemental service under this Act;
4. First citizen service: Persons liable for military service, but not in active duty service, reserve service, supplemental service or second citizen service;
5. Second citizen service: Those determined incapable of performing active duty service or supplemental service as a result of a draft physical examination or physical examination, but determined capable of engaging in military support affairs through a call-up for wartime labor, and those assigned to the second citizen service under this Act.
(2) Those transferred to reserve service shall be classified into officers, warrant officers, noncommissioned officers, or men enlisted for reserve service; those assigned to supplemental service, into officers, warrant officers, noncommissioned officers, or men enlisted for supplemental service; and those transferred to the second citizen service, into noncommissioned officers or men enlisted in the second citizen service.
(3) Each person liable for military service shall be recorded in the military register of the relevant military service, and matters necessary for the management of such military register shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 6 (Service of Notice of Obligation for Military Service)
(1) The director of each regional military manpower office (including the head of each military manpower branch office; hereafter the same shall apply in this Article) shall serve a notice of obligation to render military service (hereinafter referred to as "notice of obligation for military service") on persons liable for military service by post or hand delivery, or through information and communications networks (hereinafter referred to as "service by electronic means"). <Amended by Act No. 9946, Jan. 25, 2010>
(2) Where the director of a regional military manpower office has served a notice of obligation for military service as prescribed in paragraph (1), he shall receive the receipt thereof: Provided, That in cases where such notice of obligation for military service has been forwarded by registered mail, confirmation that such notice has been received may substitute therefor, and in cases of service by electronic means, input at the email address designated by a person liable for military service may substitute therefor. <Newly Inserted by Act No. 9946, Jan. 25, 2010>
(3) Where a person liable for military service is absent, the notice shall be served on the head of the household, adult member of his family, his employer, or a notice recipient appointed by him, and the person who has received the notice shall deliver it without delay to the person liable for military service. In such cases, the notice of obligation for military service shall be deemed to have been served on the person liable for military service when it was served on the person referred to in the upper part of this paragraph.
(4) When a notice of obligation for military service is served as prescribed in paragraphs (1) through (3), the notice determined by the Commissioner of the Military Manpower Administration as he/she acknowledges it to be especially necessary and the returned notice may be served by a special delivery method as prescribed in postal Acts and subordinate statutes by mutatis mutandis applying the provisions concerning service of the Civil Procedure Act. <Amended by Act No. 9946, Jan. 25, 2010>
(5) Service by electronic means shall be carried out only when the person on whom a notice of obligation for military service is to be served gives consent thereto, as prescribed by Presidential Decree. <Newly Inserted by Act No. 9946, Jan. 25, 2010>
(6) Notwithstanding paragraph (5), where service by electronic means is impossible due to failures in information and communications networks or other causes prescribed by Presidential Decree exist, it may be served by post or hand delivery. <Newly Inserted by Act No. 9946, Jan. 25, 2010>
(7) Matters necessary for procedures, etc. for the service of a notice of obligation for military service by electronic means under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 9946, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 7 (Certificate of Military Service and Certificate of Discharge from Military Service)
(1) The director of the regional military manpower office having jurisdiction over the residence of a person liable for military service shall deliver a certificate of military service to the person liable for military service who has undergone a draft physical examination, and the commanding officer of the military unit having control over him shall deliver him a certificate of discharge from military service when he is discharged. <Amended by Act No. 10704, May 24, 2011>
(2) The time and procedure of delivery of a certificate of military service or certificate of discharge from military service, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER II ENLISTMENT FOR FIRST CITIZEN SERVICE
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Article 8 (Enlistment for First Citizen Service)
Every masculine gender of the Republic of Korea shall be enlisted for the first citizen service when he attains the age of 18 years.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
<Amended by Act No. 10704, May 24, 2011>
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Article 9 (Survey of Those to be Enlisted for First Citizen Service)
(1) The Minister of Public Administration and Security shall notify the Commissioner of the Military Manpower Administration of the electronic data of resident registration of masculine genders reaching 18 years of age each year, which is necessary to survey persons to be enlisted for the first citizen service. <Amended by Act No. 10704, May 24, 2011>
(2) The Commissioner of the Military Manpower Administration may request the Minister of the National Court Administration to provide computerized data on the registration of family relationship of masculine genders reaching 18 years of age each year in order to survey persons who are not recorded in the resident registration system but are subject to enlistment for the first citizen service. <Amended by Act No. 10704, May 24, 2011>
(3) Matters necessary for the scope of and procedures for notifying computerized data on resident registration under paragraph (1) and for surveying persons subject to enlistment for the first citizen service but not recorded in the resident registration system on the ground that they were born abroad, etc. shall be prescribed by Presidential Decree.
(4) Matters necessary for surveying those to be enlisted for the first citizen service under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER III DRAFT PHYSICAL EXAMINATION
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Article 10 (Survey of Persons Subject to Draft Physical Examination)
(1) The director of each regional military manpower office shall survey every year persons liable to undergo a draft physical examination under Article 11 in the following year, compile computerized military register files, and get them to undergo a draft physical examination. The same shall also apply to persons whose resident registration has indisputable errors or has been revised and who are obliged to undergo a draft physical examination.
(2) Matters necessary to survey persons obliged to undergo a draft physical examination and to compile and manage computerized military register files under paragraph (1) shall be prescribed by the Commissioner of the Military Manpower Administration.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 11 (Draft Physical Examination)
(1) Every person liable for military service shall undergo a draft physical examination at the time and place designated by the director of the regional military manpower office in the year when he turns 19 years old to determine whether he is suitable for military service: Provided, That in consideration of the manpower demand in the military and the supply and demand of draftee resources for military service, some of the 19-year-old persons may be permitted to undergo a draft physical examination when they turn 20 years old.
(2) A person who is obliged to undergo a draft physical examination and fails to do so, or a person who had his draft physical examination postponed and for whom the cause of such postponement ceases to exist, shall undergo the draft physical examination in the relevant year or the following year.
(3) The draft physical examination shall be divided into a physical examination and a psychological test.
(4) In the physical examination referred to in paragraph (3), all parts of the body shall be examined through a surgical test, internal examination, etc., and if necessary, a clinical pathology test, radiographing, etc. may be taken. In such cases, the examination may be entrusted to a medical institution under the Medical Service Act, as prescribed by Presidential Decree, if it is difficult to ascertain the degree of illness or mental or physical disability.
(5) In the event that any person who has failed to undergo a draft physical examination undergoes a physical examination for volunteers for active duty service conducted by the Commissioner of the Military Manpower Administration in accordance with Article 20 (1) (hereinafter referred to as "physical examination for volunteers for active duty service"), he shall be deemed to undergo a draft physical examination under paragraph (1): Provided, That in cases of a person aged 18, the same shall apply only to cases where his physical grade is judged Grade V or VI provided for in Article 12 (1).
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 11-2 (Request for Submission of Materials, etc.)
(1) If a doctor exclusively in charge of the draft physical examination, a doctor specializing in the draft physical examination, or a military surgeon dispatched for a physical examination pursuant to Article 12-2 deems it necessary to ascertain illness or mental or physical disability in connection with a draft physical examination, the director of a regional military manpower office may request the head of a medical institution under the Medical Service Act, the head of the National Health Insurance Corporation under the National Health Insurance Act, the head of a school under the Elementary and Secondary Education Act, etc. to submit the medical record, the details of a person subject to the draft physical examination. In such cases, the person requested to submit such materials shall comply therewith, unless any special reason exists to the contrary.
(2) No one may disclose or leak information or materials about a person subject to draft physical examination acquired in accordance with paragraph (1), furnish any third party with such information or materials, nor use them for any purpose other than a draft physical examination.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 12 (Determination of Physical Grades)
(1) Doctors exclusively in charge of the draft physical examination, doctors specializing in the draft physical examination, or military surgeons under Article 12-2 who have performed a physical examination (including physical examination for volunteers for active duty service) shall determine physical grades as follows:
1. Those whose physical and psychological constitution is healthy enough to perform active or supplemental service shall be determined at Grade I, II, III, or IV, according to their physical and psychological condition;
2. Those incapable of entering active or supplemental service, but capable of entering the second citizen service, shall be determined at Grade V;
3. Those incapable of performing military service due to any disease or mental or physical incompetence shall be determined at Grade VI;
4. Those unable to be graded according to subparagraphs 1 through 3, due to any disease or mental or physical incompetence, shall be determined at Grade VII.
(2) A deliberative council on physical grades may be established in the Military Manpower Administration, regional military manpower offices, and an institution accountable for the affairs related to determination of physical grades under the control of the Military Manpower Administration to deliberate on the accuracy of determination of physical grades under paragraph (1).
(3) For persons determined at Grade VII (excluding any person who is aged 18 and has undergone a physical examination for volunteers for active duty service) under paragraph (1) 4, the director of each regional military manpower office shall have them undergo a follow-up physical examination, taking into consideration their recovery period. In such cases, the period allowable for such follow-up physical examination shall be within two years from the date when he is determined at Grade VII as a result of the physical examination. <Amended by Act No. 10704, May 24, 2011>
(4) The criteria for determining physical grades under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense.
(5) Matters necessary for the organization and operation of the deliberative council on physical grades under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 12-2 (Dispatch of Military Surgeons)
(1) Where the Commissioner of the Military Manpower Administration deems it difficult to perform physical examination duties, etc. only with doctors exclusively in charge of the draft physical examination and doctors specializing in the draft physical examination, he/she may request the Minister of National Defense to dispatch military surgeons necessary to perform the duties, etc.
(2) Matters necessary for the dispatch, etc. of military surgeons referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 13 (Classification, Determination, etc. of Aptitude)
(1) With respect to those whose physical grade is determined at any one of Grades I through IV as a result of physical examination (including physical examination for volunteers for active duty service), the director of each regional military manpower office shall classify and determine the aptitude required for military service, taking into consideration their qualifications, license, main field of study, etc., and the chief of staff of each service branch shall assign each of them to anarm of service suitable for his aptitude. <Amended by Act No. 10704, May 24, 2011>
(2) Matters necessary for the classification, determination, etc. of aptitude under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 14 (Disposition for Military Service, etc.)
(1) The director of each regional military manpower office shall issue any of the following military service dispositions on persons who have undergone a draft physical examination (including those who have undergone a physical examination at a military hospital) or a physical examination for volunteers for active duty service. In such cases, for persons who have undergone a physical examination for volunteers for active duty service and attained 18 years of age, a disposition for military service shall be issued to them only when their physical grade is determined at Grade V or VI:
1. Persons falling under any of Physical GradesIthrough IV: To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age;
2. Persons falling under Physical Grade V: To be enlisted for the second citizen service;
3. Persons falling under Physical Grade VI: To be exempted from military service;
4. Persons falling under Physical Grade VII: To undergo a follow-up physical examination.
(2) Those determined at Physical Grade VII as a result of the follow-up physical examination conducted under Article 12 (3) after having been given a disposition for a follow-up physical examination as prescribed in paragraph (1) 4 shall be assigned to the second citizen service, as prescribed by Presidential Decree: Provided, That any person who falls under the second citizen service under Article 65 (1) 2 may enlist for the second citizen service without a follow-up physical examination.
(3) The criteria for assigning any person falling under paragraph (1) 1 to be enlisted for active or supplemental service shall be determined by the Commissioner of the Military Manpower Administration.
(4) Where it is necessary due to any change in the demand and supply of military service resources, enlistment plan, etc., the Commissioner of the Military Manpower Administration may change the assignment of the persons to be enlisted for active duty service, among those assigned as prescribed in paragraph (1) 1, into supplemental service.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 14-2 (Follow-up Draft Physical Examination)
(1) The director of each regional military manpower office shall conduct a follow-up draft physical examination for persons qualified for active duty service and persons enlisted for supplemental service, in the fifth year from the year immediately following the year during which such disposition was issued, if they have not been conscripted or called up by December 31 falling four years immediately after the year during which such disposition was issued.
(2) Necessary matters concerning the persons exempted from a follow-up draft physical examination, the timing for a draft physical examination, etc. shall be prescribed by Presidential Decree.
(3) The provisions of Articles 10 through 14 shall apply mutatis mutandis to the procedures for and method of a follow-up draft physical examination.
(4) Where a person assigned to active duty service or supplemental service as a result of a follow-up draft physical examination falls under Article 60 (2) or 61 (1), it shall be deemed that conscription, call-up or enlistment date has been continuously postponed.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER IV SERVICE OF ACTIVE DUTY SERVICEMEN, ETC.
SECTION 1 Enlistment for Active Duty Service
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Article 15 (Decision on Order of Conscription for Active Duty Service)
(1) The director of each regional military manpower office shall decide the order of conscription for those who have been assigned to active duty service as a result of draft physical examination by Si (referring to a Si wherein no Gu is established; hereinafter the same shall apply)/Gun/Gu.
(2) The criteria for deciding the order of conscription under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration qualifications, such as physical grade, educational background, and age.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 16 (Enlistment of Active Duty Servicemen)
(1) The director of each regional military manpower office shall have those whose order of conscription for active duty service has been determined enlist in the military in the year they undergo a draft physical examination or in the following year; where the director of a regional military manpower office determines the time of enlistment, he shall endeavor to maintain the balance of qualifications of those to be enlisted for active duty service by service branch and by aptitude.
(2) Notwithstanding the provisions of paragraph (1), the Commissioner of the Military Manpower Administration may have the director of a regional military manpower office separately enlist those prescribed by Presidential Decree, such as those whose enlistment in active duty service has been postponed and the cause thereof ceases to exist, etc.
(3) Even where a person who was assigned to active duty service and whose order of conscription was determined has moved his residence to another Si/Gun/Gu, he shall be made to enter the armed service at the Si/Gun/Gu where he resided at the time he underwent a draft physical examination: Provided, That in cases of persons whose enlistment in the armed services has been postponed as prescribed in Article 60 (2), this shall not apply.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 17 (Physical Examination for Enlistment for Active Duty Service and Sending Invalids Home)
(1) When a person subject to active duty service enters the armed services, the commanding officer of the military unit where such person enters shall conduct a physical examination of him within five days from the date he enters the armed services.
(2) The commanding officer of a military unit shall invalid a person who is acknowledged as unfit for active duty service or as in need of medical treatment for not less than 15 days as a result of physical examination under paragraph (1), indicating the severity of the disease or mental or physical disorder and the recovery period (limited to cases where the recovery period can be known).
(3) The director of each regional military manpower office shall conduct a follow-up physical examination as prescribed by Presidential Decree of a person who has been invalided as prescribed in paragraph (2) and change his military service disposition or have him re-enter the armed services according to his physical grade: Provided, That in cases of an invalid who has been sent home with a clear statement that the recovery period is less than three months, the director of the regional military manpower office may have him re-enter the military services without a further physical examination.
(4) The commanding officer of the military unit where a person subject to active duty service enters shall not invalid a person who has re-entered the armed services after a follow-up physical examination under the main sentence of paragraph (3) on the ground of the same disease or the same mental or physical disorder: Provided, That in cases of a person for whom six months have passed from the date of such follow-up physical examination, this shall not apply.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 18 (Active Duty Service)
(1) An active duty serviceman shall serve in a military unit from the day he enters military service: Provided, That a person who obtains permission from the Minister of National Defense may reside outside a military unit.
(2) The service period of an active duty soldier (including any staff sergeant appointed from among soldiers rather than volunteer soldiers; hereinafter the same shall apply) shall be as follows:
1. The Army: Two years;
2. The Navy: Two years and two months: for the Marine Corps, two years;
3. The Air Force: Two years and four months.
(3) Where an active duty serviceman is sentenced to imprisonment or imprisonment without prison labor, or detention, or is confined to a military detention facility, or walks away from his post in the military, the number of days during which the sentence is executed or he is confined to a military detention facility, or he walks away from his post, shall not be included in his period of active duty service.
(4) In any of the following cases, the discharge of an active duty serviceman may be delayed:
1. Where it is necessary to take measures for discharge from military service after such active duty serviceman is released by a disposition not to institute prosecution or by a trial, etc. when his service period is terminated while such serviceman is under restraint due to a criminal case;
2. Where continuous hospital treatment is medically necessary due to a war wound, injury sustained while on duty or disease caught while on duty, and the person in question desires it.
(5) The period of delay of discharge under paragraph (4) 2 shall be within six months from the expiration of one's mandatory service; where a doctor decides to suspend hospital treatment or the person in question desires to be discharged from the service again, he shall be issued a disposition of discharge from military service.
(6) Matters necessary for the delay of discharge of active duty servicemen under paragraph (4) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 19 (Adjustment of Period of Active Duty Service)
(1) The Minister of National Defense may adjust the period of active duty service as follows. In this regard, in cases of subparagraphs 1 and 3, the Minister of National Defense shall obtain approval from the President subject to deliberation by the State Council:
1. The extension of the period of active duty service by not more than six months, in time of war, uprising or any other similar emergency, or when a special disaster area is proclaimed in accordance with Article 60 (1) of the Framework Act on the Management of Disasters and Safety, further military units are created or existing units expanded, or it is difficult to reinforce the troops due to a lack of military service resources;
2. The extension of the period of active duty service by not more than three months, where servicemen are serving aboard ships at sea, serving abroad, or participating in any major operation or major military exercise;
3. The shortening of the period of active duty service by not more than six months, where it is necessary to coordinate the fixed number, or to coordinate the service period due to a decline in the number of applicants who sign up for military service.
(2) Where the Minister of National Defense desires to extend the service period pursuant to paragraph (1) 2, he/she shall cause the period and reason to be noticed to the person in question, and where the reason for the extension expires, he/she shall promptly remove the extension of the service period.
(3) The Minister of National Defense may delegate his/her authority on the extension and removal of the service period referred to in paragraph (2) to the chief of staff of each service branch.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 20 (Recruitment of Active Duty Servicemen)
(1) The Commissioner of the Military Manpower Administration or the chief of staff of each service branch may select persons of 18 years of age or older who have applied to serve in the armed forces as active duty servicemen of the Army, the Navy or the Air Force after a physical examination conducted by the Commissioner of the Military Manpower Administration or the chief of staff of each service branch, as prescribed by Presidential Decree. In such cases, the Commissioner of the Military Manpower Administration may conduct an examination of physical strength after consultation with the chief of staff of each service branch.
(2) The Commissioner of the Military Manpower Administration or the chief of staff of each service branch shall have persons selected as servicemen on active duty under paragraph (1) enter military service on a fixed date. In such cases, when the persons selected as active duty servicemen want the selection to be canceled before they enter military service, permission for the cancellation of the selection may be granted only in cases where there are reasons prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 20-2 (Operation of Salaried Volunteer Servicemen System)
(1) The Commissioner of the Military Manpower Administration or the chief of staff of each service branch may, where he/she deems it necessary for securing well-trained servicemen, select persons who will continue their service upon their application (hereinafter referred to as "salaried volunteer servicemen") after extending their service period under Article 18 (referring to the adjusted service period, where the service period is adjusted pursuant to Article 19) within the limit of one year and six months.
(2) Salaried volunteer servicemen shall be selected from among those who fall under any of the following subparagraphs:
1. Persons enlisted for the first citizen service;
2. Persons currently in active duty service.
(3) Persons selected as salaried volunteer servicemen pursuant to paragraph (2) shall be paid remuneration, as prescribed by Presidential Decree.
(4) Article 20 (2) shall apply mutatis mutandis to the enlistment of persons selected as salaried volunteer servicemen pursuant to paragraph (2) 1 and the revocation thereof.
(5) Where a salaried volunteer serviceman in extended service pursuant to paragraph (1) desires to have his service discontinued, the chief of staff of each service branch may permit such discontinuance only when he is found unsuitable to continue his active duty service due to a reason prescribed by Presidential Decree, such as illness, mental or physical disorder, etc.
(6) Matters necessary for the selection, service, etc. of salaried volunteer servicemen shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 20-3 (Request, etc. for Submission of School Life Records)
(1) In order to screen and select persons who have volunteered to serve in the military as prescribed in Articles 20 and 20-2, the Commissioner of the Military Manpower Administration may request the head of a school under the Elementary and Secondary Education Act with the consent of an applicant to submit his school life records of the last school attended by such applicant through an information system. In such cases, the person requested to submit such data shall comply therewith unless any special reason exists to the contrary.
(2) No one shall use any information or data obtained as prescribed in paragraph (1) for a purpose, other than for screening to select active duty servicemen, such as disclosing it to the public, leaking it, supplying it to third persons, etc.
[This Article Newly Inserted by Act No. 9754, Jun. 9, 2009]
SECTION 2 Enlistment and Call-Up of Those to be Called to Full-Time Reserve Service and Transfer to and Performance of Onboard Ship Reserve Service
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Article 21 (Those to be Called to Full-Time Reserve Service, and their Selection)
(1) A call-up to full-time reserve service shall be issued to those enlisted for full-time reserve service by conscription, and transferred to reserve service after having completed the period of active duty service prescribed by Presidential Decree within one year, or transferred to reserve service under paragraph 3 of Article 65 of this Act. <Amended by Act No. 10704, May 24, 2011>
(2) The director of each regional military manpower office shall select by place of residence, those to be called to full-time reserve service from among those to be enlisted for active duty service by conscription.
(3) The criteria for the selection of those to be called to full-time reserve service under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration their qualifications, such as place of residence, physical grade, academic background and age.
(4) For persons who are selected to be called to full-time reserve service under paragraph (2) and unable to serve as a full-time reserve serviceman in the areas where they are selected due to a change in their status, etc., the directors of the regional military manpower offices may cancel the selection of those to be called to full-time reserve service: Provided, That if persons selected to be called to full-time reserve service under paragraph (2) are enlisted for active duty service, the cancellation of such selection shall be made by the chief of staff of each service branch.
(5) Matters necessary to set requirements and procedures for the cancellation referred to in the main sentence of paragraph (4) shall be prescribed by the Commissioner of the Military Manpower Administration: Provided, That in cases of the proviso to the same paragraph, such matters shall be prescribed by the chief of staff of each service branch.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 21-2 (Transfer, etc. to Onboard Ship Reserve Service)
(1) A person who falls under any of the following subparagraphs and holds a mariner's license or engineer's license under Article 4 (2) 1 or 2 of the Ship Personnel Act may, upon his application, be enlisted for onboard ship reserve service: <Amended by Act No. 9946, Jan. 25, 2010>
1. A person who completed a course for officer candidates or noncommissioned officer candidates (limited to the Navy) of student military training corps established at a high school or higher prescribed in Article 57 (2), and has not been enrolled on the military register of officers or noncommissioned officers in active duty service;
2. A person subject to enlistment in active duty service, who has completed a regular educational course at an educational institution designated by the Minister of Land, Transport and Maritime Affairs under the relevant provisions of the Ship Personnel Act.
(2) A person who has been transferred to onboard ship reserve service as prescribed in paragraph (1) shall be enrolled on the military register according to the following classification: <Newly Inserted by Act No. 9946, Jan. 25, 2010>
1. Register of reserve officers: A person who finished a course for officer candidates of student military training corps prescribed in paragraph (1) 1 and has yet to be enrolled on the military register of officers in active duty service;
2. Register of reserve noncommissioned officers: A person who completed a course for noncommissioned officer candidates of student military training corps prescribed in paragraph (1) 1 and has yet to be enrolled on the military register of noncommissioned officers in active duty service;
3. Register of reserve enlisted men: A person falling under paragraph (1) 2.
(3) The Commissioner of the Military Manpower Administration shall decide on the number of persons to be transferred to onboard ship reserve service insofar as it does not hinder the supplementation of personnel needed by the military, and decide on the number of persons for each enterprise in which onboard ship reserve personnel can serve. <Newly Inserted by Act No. 9946, Jan. 25, 2010>
(4) Matters necessary for the standards and procedures for the transfer to onboard ship reserve service, notification of the number of persons needed, standards for allocation for each enterprise, etc. prescribed in paragraphs (1) and (3) shall be prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 22 (Enlistment and Call-up of Those to be Called to Full-Time Reserve Service)
(1) The director of each regional military manpower office shall have those to be called to full-time reserve service enlisted for active duty service according to the number of persons needed by place of residence.
(2) The chief of staff of each service branch shall transfer persons who were enlisted in the military as prescribed in paragraph (1) to reserve service on the next day the period of active duty service prescribed in Article 21 (1) is completed. <Amended by Act No. 10704, May 24, 2011>
(3) The chief of staff of each service branch shall call those transferred to reserve service up to full-time reserve service from the date when those are transferred to reserve service in accordance with the above paragraph (2) and paragraph (3) of Article 65. <Newly Inserted by Act No. 10704, May 24, 2011>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 23 (Service of Full-Time Reserve Personnel)
(1) The service period of persons called to full-time reserve service shall not exceed two years and six months, but the period of each sub-paragraph as follows shall be included in the period of full-time reserve service. <Amended by Act No. 10704, May 24, 2011>
1. Period of active duty service in accordance with paragraph (1) of Article 21;
2. Period of service as active duty servicemen (including those in service in accordance with Article 24 and 25 of this Act) before being transferred to reserve service in accordance with paragraph (3) of Article 65.
(2) Where a person who has been called to full-time reserve service completes the service period referred to in paragraph (1), he shall be deemed to have completed the period of service as a conscript in active duty service.
(3) The provisions of this Act or the Military Personnel Management Act concerning the service of active duty servicemen shall apply mutatis mutandis to the service of full-time reserve personnel.
(4) The chief of staff of each service branch shall dispatch those who have been called to full-time reserve service to a military unit performing a homeland defense service or an organization providing support thereto, and have them serve in such unit or organization.
(5) The Minister of National Defense may allow those who have been called to full-time reserve service to reside outside military units, and provide them with meals or pay them expenses actually incurred for meals within budgetary limits.
(6) Where a person who has been called to full-time reserve service is sentenced to imprisonment or imprisonment without prison labor, or detention, or is confined to a military detention facility, or walks away from his post, the number of days during which the sentence is executed, or such person is confined to a military detention facility or walks away from his post shall not be included in his service period.
(7) The provisions of Article 18 (4) through (6) concerning the delay of discharge of active duty servicemen shall apply mutatis mutandis to the delay of cancellation of call-up of full-time reserve personnel.
(8) Matters necessary for the service period of full-time reserve personnel under paragraph (1) and the cancellation of call-up, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 23-2 (Service of Onboard Ship Reserve Personnel)
(1) Each person transferred to onboard ship reserve service pursuant to Article 21-2 shall perform a service on board a ship for three years as a mariner or engineer, as prescribed by Presidential Decree, and shall be deemed to have completed active duty service when such service period ends. <Amended by Act No. 9946, Jan. 25, 2010>
(2) A person who falls under Article 21-2 (1) 2 and has been transferred to onboard ship reserve service shall be called for education under Article 55, and the period of education call shall be included in the period of onboard ship service referred to in paragraph (1).
(3) Matters concerning the call-up of onboard ship reserve personnel, calculation of the period of onboard ship service, cancellation of call-up and other necessary matters concerning service shall be prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 23-3 (Notification of Changes in Status of Onboard Ship Reserve Personnel)
Where the head of an enterprise in the field of shipping industry or fisheries (hereafter referred to as "shipping enterprise, etc." in this Section) in which any onboard ship reserve serviceman is in service shall, if the onboard ship reserve serviceman or the shipping enterprise, etc. falls under any of the following subparagraphs, notify the director of the competent regional military manpower office (referring to the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over the administrative district in which the principal office of the shipping enterprise, etc. is situated; hereafter the same shall apply in this Section) within 14 days from the date the relevant cause arises:
1. Where the onboard ship reserve serviceman is dismissed or retires from the enterprise of which he has been in service on board a ship;
2. Where the onboard ship reserve serviceman embarks or disembarks a ship;
3. Where the onboard ship reserve serviceman's mariner's license or engineer's license is cancelled or suspended;
4. Where the onboard ship reserve serviceman desires to cancel the transfer to onboard ship reserve service;
5. Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service for three years prescribed in Article 23-2 (1) (hereinafter referred to as "period of onboard ship service") within five years from the date of transfer to onboard ship reserve service;
6. Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service by the time he reaches the age of 30;
7. Where the enterprise of which he is in service suspends its business, closes its operation, performs a lock-out, or discontinues its business;
8. Where a cause prescribed by Presidential Decree arises.
[This Article Newly Inserted by Act No. 9946, Jan. 25, 2010]
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Article 23-4 (Cancellation of Transfer to Onboard Ship Reserve Service and Imposition of Obligation)
(1) Where an onboard ship reserve serviceman falls under any of the following subparagraphs, the director of the competent regional military manpower office shall cancel his transfer:
1. Where the onboard ship reserve serviceman's mariner's license or engineer's license is cancelled;
2. Where the onboard ship reserve serviceman desires to cancel the transfer to onboard ship reserve service;
3. Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service within five years form the date of transfer;
4. Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service by the time he reaches the age of 30.
(2) A person whose transfer to onboard ship reserve service has been cancelled as prescribed in paragraph (1) shall return to the position he had before transferred to onboard ship reserve service and shall perform mandatory military service. In such cases, he shall not be re-transferred to onboard ship reserve service to perform mandatory military service.
(3) The service period of a person who served for one or more year in onboard ship reserve service and has been enlisted as an active duty serviceman or called to public duty personnel service after his transfer having been cancelled as prescribed in paragraph (1) may be reduced according to the standards prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9946, Jan. 25, 2010]
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Article 23-5 (Investigation into Actual Condition of Onboard Ship Reserve Service)
The director of the competent regional military manpower office may investigate into the actual condition of the service and management of a shipping enterprise, etc., where any onboard ship reserve serviceman is in service, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9946, Jan. 25, 2010]
SECTION 3 Secondment
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Article 24 (Secondment by Allotment)
(1) The Minister of Justice, the Administrator of the National Police Agency, or the Administrator of the National Maritime Police Agency may request the Minister of National Defense to make an allotment of persons needed for secondment pursuant to the following classification:
1. For the Minister of Justice, persons scheduled to be appointed to guards or warders under Article 3 of the Act on the Establishment of Correctional Institution Guard Units;
2. For the Administrator of the National Police Agency, or the Administrator of the National Maritime Police Agency, persons scheduled to be appointed to riot policemen liable to carry out counter-espionage operations under Article 3 (1) of the Establishment of Riot Police Units Act.
(2) The Minister of National Defense may, upon receipt of a request for allotment of persons under paragraph (1), second such persons as may be needed, from among those who were enlisted for active duty service and have completed the specified military education and training.
(3) A person seconded under paragraph (2) shall carry out service for the same period as the period of active duty service commencing from the date of his enlistment. In such cases, the period of secondment shall be deemed the period of service as an active duty soldier.
(4) Where any person seconded under paragraph (2) has completed the seconded service, the Minister of National Defense shall cancel his secondment and transfer him to reserve service.
(5) With respect to any person seconded under paragraph (2) and falling under any subparagraph of Article 65 (1), the Minister of Justice, the Administrator of the National Police Agency, or the Administrator of the National Maritime Police Agency may request the Minister of National Defense to cancel his secondment.
(6) The Minister of National Defense shall, upon receipt of a request for cancellation of secondment under paragraph (5), cancel such secondment of the corresponding person and shall discharge or exempt him from military service.
(7) Matters necessary for the allotment and secondment of persons under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 25 (Secondment by Recommendation)
(1) In any of the following cases, the Minister of National Defense may consider persons recommended thereunder as applicants for active duty service, and have the directors of the regional military manpower offices enlist and then second them for service after having them complete specified military education:
1. Where the Minister has received a recommendation from the Administrator of the National Emergency Management Agency of persons to be appointed to obligatory fire-fighting personnel in charge of assisting the fire-fighting duties under Article 3 (2) of the Act on the Establishment of Obligatory Fire-Fighting Unit;
2. Where the Minister has received a recommendation from the Administrator of the National Police Agency or the Administrator of the National Maritime Police Agency of persons to be appointed to riot policemen in charge of assisting the public security affairs under Article 3 (2) and (3) of the Establishment of Riot Police Units Act, and of candidates for graduation from the Korea National Police University to serve in the riot police units.
(2) A person seconded under paragraph (1) shall serve for the same period as that of an active duty serviceman, commencing from the date of his enlistment.
(3) In any of the following cases, the Administrator of the National Emergency Management Agency, the Administrator of the National Police Agency, or the Administrator of the National Maritime Police Agency may extend the service period of persons seconded under paragraph (1) by up to six months. In such cases, he/she shall consult with the Minister of National Defense and obtain approval from the President after the deliberation of the State Council:
1. Situation corresponding to a war or disaster;
2. Where a special disaster area has been proclaimed under Article 60 (1) of the Framework Act on the Management of Disasters and Safety;
3. Where it is hard to supplement the personnel for secondment.
(4) The period of secondment and the period of extended secondment under paragraphs (2) and (3) shall be deemed the period of service as an active duty serviceman.
(5) The provisions of Article 24 (4) through (6) shall apply mutatis mutandis to the following matters. In such cases, the "Minister of Justice" in Article 24 (5) shall be deemed the "Administrator of the National Emergency Management Agency":
1. Cancellation of secondment and transfer to reserve service where a person seconded under paragraph (1) has completed service in secondment;
2. Request for cancellation of secondment or disposition of discharge or exemption from military service, in cases falling under any subparagraph of Article 65 (1).
(6) Matters necessary for the allotment and secondment of recommended persons under paragraphs (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER V PERFORMANCE OF SUPPLEMENTAL SERVICE
SECTION 1 Service of Public Duty Personnel
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Article 26 (Duties of and Candidates for Public Duty Personnel)
(1) Public duty personnel shall perform any of the following duties:
1. Duties to support social service affairs, such as social welfare, hygiene, medical service, education, culture, environment, safety, etc. necessary for public interest sought by State agencies, local governments, public organizations and social welfare facilities;
2. Duties to support administrative affairs, etc. necessary for public interest sought by State agencies, local governments and public organizations;
3. Duties in the field of art and sports to promote culture and to enhance national prestige;
4. Duties to support economic, social and cultural development of developing countries under the International Cooperation Personnel Act.
(2) Public duty personnel shall be comprised of persons called up according to the following classification by each field of duty:
1. Public duty personnel who are to perform duties referred to in paragraph (1) 1 and 2: Supplemental personnel;
2. Public duty personnel who are to perform duties referred to in paragraph (1) 3: Persons with special skills in the field of art or sports prescribed by Presidential Decree, recommended by the Minister of Culture, Sports and Tourism, from among supplemental personnel or persons to be enlisted for active duty service;
3. Public duty personnel who are to perform duties referred to in paragraph (1) 4: Persons recommended by the Minister of Foreign Affairs and Trade under the International Cooperation Personnel Act, from among supplemental personnel or persons to be enlisted for active duty service.
(3) Matters necessary for the classification, etc. of fields to be served by public duty personnel under paragraph (1) 1 and 2 shall be prescribed by Presidential Decree.
(4) Public duty personnel to serve in social welfare facilities under paragraph (1) 1 shall be chosen by the director of a regional military manpower office and matters necessary to set standards and procedures for choosing them shall be prescribed by the Commissioner of the Military Manpower Administration.
(5) Those to be enlisted for active duty service who fall under paragraph (2) shall be transferred to supplemental service.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 27 (Determination of Number, etc. of Public Duty Personnel to be Assigned)
(1) When the director of a regional military manpower office receives a request for the assignment of public duty personnel to be engaged in the duties prescribed in Article 26 (1) 1 and 2 for the next year from the head of a State agency, head of a local government or head of a public organization requiring such public duty personnel, he shall determine the institutions to serve in, fields of service, types of service, number of personnel to be assigned, etc.
(2) When the Commissioner of the Military Manpower Adminstration receives a request for the assignment of public duty personnel to be engaged in the duties prescribed in Article 26 (1) 4 for the next year from the Minister of Foreign Affairs and Trade, he/she shall determine the institutions to serve in, fields of service, number of personnel to be assigned, etc.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 28 (Determination of Order of Call-up of Public Duty Personnel)
(1) The director of each regional military manpower office shall determine, by region, the order of call-up of those to be called as public duty personnel: Provided, That in cases of those prescribed in Article 26 (1) 3 and 4, the order of call-up may be determined separately.
(2) The criteria for determining the scope of call-up by region and the order of call-up referred to in paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration qualifications, such as physical grade, educational background and age.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 29 (Call-up of Public Duty Personnel)
(1) The director of each regional military manpower office shall call up those whose order of call-up to public duty personnel service has been decided after determining the institutions to serve in or fields of service as follows:
1. Persons falling under Article 26 (1) 1 and 2: Institutions to serve in (Provided, That the director of a regional military manpower office may call up public duty personnel chosen under Article 26 (4) separately after determining the institutions to serve in and fields of service);
2. Persons falling under Article 26 (1) 3 and 4: Fields of service.
(2) Notwithstanding paragraph (1), the Commissioner of the Military Manpower Administration may have the director of a regional military manpower office separately call persons prescribed by Presidential Decree, such as those whose call-up to public duty personnel service was postponed, cause for such postponement has ceased to exist, etc., as public duty personnel.
(3) Those called to public duty personnel service as prescribed in paragraphs (1) and (2) shall be called for education as prescribed in Article 55, and the period of such education call shall be included in their service period.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 30 (Service Period, etc. of Public Duty Personnel)
(1) The service period of public duty personnel shall be classified as follows:
1. Public duty personnel who are engaged in supporting social service duties, administrative affairs, etc. prescribed in Article 26 (1) 1 and 2: Two years and two months;
2. Public duty personnel who are engaged in the field of art or sports prescribed in Article 26 (1) 3: Two years and ten months;
3. Public duty personnel who are engaged in international support duties prescribed in Article 26 (1) 4: Two years and six months.
(2) Where any member of the public duty personnel is sentenced to imprisonment or imprisonment without prison labor or penal detention, or walks away from his post, the number of days during which the sentence is executed or he walks away from his post shall not be included in his service period.
(3) The provisions of Article 18 (4) 1 concerning the delay of discharge of active duty servicemen shall apply mutatis mutandis to the delay of discharge of public duty personnel.
(4) Necessary matters concerning the service of public duty personnel, such as the calculation of service period and the discharge from service, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 31 (Service, Remuneration, etc. of Public Duty Personnel)
(1) The heads of the agencies to which public duty personnel under Article 26 (1) 1 and 2 are assigned shall have them serve in the designated fields of service, and matters necessary for the service, other than those provided for in this Act, shall be prescribed by Presidential Decree. In such cases, any act performed in the course of duties performed by such public duty personnel shall be deemed the performance of public duties.
(2) When the heads of the agencies to which public duty personnel are assigned under paragraph (1) designate or alter the fields of service of such public duty personnel, they shall consult with the director of the competent regional military manpower office in advance.
(3) The public duty personnel prescribed in Article 26 (1) 3 shall serve under the direction and control of the Minister of Culture, Sports and Tourism, with respect to the development of their special skills and to their services in the relevant fields.
(4) The public duty personnel prescribed in Article 26 (1) 1 and 2 shall commute to and from work, and be under the command and supervision of the head of the agency to which they are assigned: Provided, That where it is difficult to provide their service by commuting, or needs arise due to the peculiarities of their service, etc., they may be allowed to be in service while staying together with other public duty personnel.
(5) The head of a State agency, local government or public organization shall pay to the public duty personnel prescribed in Article 26 (1) 1 and 2 remuneration and travel expenses, etc. incurred in performing their duties, and matters necessary for setting the criteria therefor, etc. shall be prescribed by Presidential Decree: Provided, That remuneration for public duty personnel engaging in social service duties under Article 26 (1) 1, travel expenses incurred in the performance of duties, etc. may be defrayed out of the National Treasury.
(6) The public duty personnel prescribed in Article 26 (1) 4 shall be in service under the direction and supervision of the Minister of Foreign Affairs and Trade, as prescribed by the International Cooperation Personnel Act.
(7) The public duty personnel prescribed in Article 26 (1) 4 shall be paid remuneration and travel expenses, etc. incurred in performing their duties, as prescribed by the International Cooperation Personnel Act.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 31-2 (Management, Supervision, etc. of Service of Public Duty Personnel)
(1) The heads of State agencies, local governments, public organizations and social welfare facilities where public duty personnel are in service as prescribed in Article 26 (1) 1 and 2 shall designate officials to take responsibility of the management of such public duty personnel: Provided, That in cases of public duty personnel serving in social welfare facilities, the director of a regional military manpower office may designate officials under his/her control to take charge of the management of their service.
(2) With regard to the service of public duty personnel prescribed in Article 26 (1) 1 and 2, the Commissioner of the Military Manpower Administration may manage and supervise public duty personnel, as prescribed by Presidential Decree. In such cases, the heads of the institutions where such public duty personnel are in service shall cooperate therein.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 31-3 (Divided Service of Public Duty Personnel)
(1) Where any member of the public duty personnel on active duty under Article 26 (1) 1 and 2 falls under any of the following subparagraphs, the director of the regional military manpower office may suspend such person's service for a certain period and allow him to resume his service later: Provided, That in cases of subparagraphs 2 and 3, the total period of service suspension shall not exceed six months:
1. Where it is necessary for his own medical treatment;
2. Where it is necessary for tending his ailing family member;
3. Where his family needs his support due to a disaster or family matters.
(2) Matters necessary for the detailed standards, procedures, etc. for divided service pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 32 (Notification on Changes in Status of Public Duty Personnel)
(1) Where a member of the public duty personnel prescribed in Article 26 (1) 1 and 2 falls under any of the following subparagraphs, the head of the State agency, local government or public organization to which he is assigned shall notify the director of the relevant regional military manpower office of such fact within 14 days therefrom: <Amended by Act No. 10704, May 24, 2011>
1. Where he walks away from his post or fails to serve in the relevant field without justifiable grounds;
2. Where he receives a warning disposition as prescribed in Article 33 (1) because he has failed to comply with a lawful order for service;
3. Where it is deemed impossible for him to commute to and from work, because whole or part of family residing together has moved to another place;
4. Where the agency where he has been in service is closed down or moves to another place;
5. Where it is deemed impossible for him to normally perform his duties because he has been sentenced to imprisonment with or without prison labor during the service period;
6. Where it is deemed impossible to continue his service in the assigned agency due to the occurrence or aggravation of an illness or mental or physical disorder during the service period.
(2) Where a member of the public duty personnel under Article 26 (1) 1 falls under any subparagraph of paragraph (1), the head of the social welfare facility to which such member of the public duty personnel is assigned shall notify the director of the competent regional military manpower office of such fact within 14 days therefrom through the head of a Si (including the Governor of Jeju Special Self-Governing Province; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply).
(3) Where a member of the public duty personnel under Article 26 (1) 3 fails to serve in the relevant field, the Minister of Culture, Sports and Tourism shall notify the Commissioner of the Military Manpower Administration of such fact within 14 days from the date such event arises.
(4) Where the director of a regional military manpower office is notified of a member of the public duty personnel falling under paragraphs (1) 3 through 6 and (5) 4, he may designate another agency for such member of the public duty personnel to serve in, as prescribed by Presidential Decree. In such cases, the head of the newly designated agency shall designate the field and the place in which such member of the public duty personnel is to serve and then shall notify the competent regional military manpower office of such designation within 14 days from the date the designation is made.
(5) Where a member of the public duty personnel under Article 26 (1) 4 falls under any of the following subparagraphs, the Minister of Foreign Affairs and Trade shall notify the director of the competent regional military manpower office of such fact within 14 days therefrom:
1. Where he walks away from his post or fails to serve in the relevant field without justifiable grounds;
2. Where he fails to comply with a lawful order for service;
4. Where he returns home without fulfilling his duties under Article 11 of the International Cooperation Personnel Act;
5. Where he fails to comply with an order for education on duties prescribed by the International Cooperation Personnel Act without justifiable grounds or violates the obligations of service as international cooperation personnel.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 33 (Extension of Service, Cancellation of Call-Up, etc. of Public Duty Personnel)
(1) Where a member of the public duty personnel walks away from his post without justifiable grounds, he shall be made to serve for an extended period corresponding to five times the number of days during which he walks away from his post; and where he falls under any of the following subparagraphs, a warning disposition shall be issued and his service period shall be extended for five more days each time he receives such warning: Provided, That in cases of a person falling under subparagraph 1 of Article 89-2 and each subparagraph of Article 89-3, this shall not apply: <Amended by Act No. 10704, May 24, 2011>
1. Where he obstructs other persons' service or instigates other persons to neglect service;
2. Where he performs an act with political objectives, such as joining a political party or other political organizations;
3. Where he treats other public duty personnel brutally;
4. Where he seeks profit in connection with his service, or holds another post concurrently without the permission of the head of the institution in which he is in service;
5. Where he falls under a cause prescribed by Presidential Decree, such as failure to perform assigned duties or delay of such duties without justifiable grounds, etc.
(2) The call-up of a member of the public duty personnel prescribed in Article 26 (1) 3 and 4 and falling under any of the following subparagraphs shall be cancelled:
1. A person who departs from Korea or resides abroad without obtaining permission for overseas travel or permission for extension of period of overseas travel prescribed in Article 70 (1) or (3), or a person who fails to return to Korea within the permitted period without justifiable grounds;
2. A person who fails to return to Korea in violation of an order to return to Korea under Article 83 (2) 10.
(3) With respect to the remaining service period pursuant to the standard prescribed by Presidential Decree notwithstanding Article 71 concerning exemption from liability for enlistment, each person whose call-up to public duty personnel service has been canceled under paragraph (2) shall return to the positions they held before transferred to public duty personnel service and shall be enlisted for active duty service, or shall be called to public duty personnel service under Article 26 (1) 1 and 2. Provided, That any member of the public duty personalwho shall serve as active duty service for the remaining period of less than six months as prescribed by Presidential Decree shall be called to public duty personnel service under Article 26 (1) 1 and 2. <Amended by Act No. 10814, Jul. 5, 2011>
(4) Any member of the public duty personnel who has been sentenced to a penalty as prescribed in subparagraph 1 of Article 89-2 or in Article 89-3 shall serve as public duty personnel prescribed in Article 26 (1) 1 and 2 for the remaining service period, as prescribed by Presidential Decree: Provided, That in cases of persons falling under Article 65 (1) 2, this shall not apply.
(5) A member of the public duty personnel prescribed in Article 26 (1) 4 and falling under any of the following subparagraphs shall be enlisted for active duty service after cancelling his call-up to public duty personnel service for the remaining period as prescribed by Presidential Decree, or shall be called to public duty personnel service prescribed in Article 26 (1) 1 and 2. For this case, a person who shall serve as active duty service shall be applied for the proviso of paragraph (3) of this Act: <Amended by Act No. 10814, Jul. 5, 2011>
1. A person who is recalled as prescribed in Article 9 of the International Cooperation Personnel Act;
2. A person who fails to comply with an order for education on duties under the International Cooperation Personnel Act without justifiable grounds.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 33-2 (Education on General Knowledge and Duties, etc.)
(1) The Commissioner of the Military Manpower Administration or the director of a regional military manpower office may give education on general knowledge to public duty personnel under Article 26 (1) 1 and 2 to establish a mental attitude that they should have as those who perform public service, as prescribed by Presidential Decree.
(2) The heads of related central administrative agencies shall give education to public duty personnel under Article 26 (1) 1 and 2 on duties necessary for raising the capability to perform duties efficiently, as prescribed by Presidential Decree: Provided, That where it is difficult for the heads of related central administrative agencies to give education, they shall consult with the Commissioner of the Military Manpower Administration, and the Commissioner of the Military Manpower Administration or directors of regional military manpower offices may give such education on duties.
(3) Where any member of the public duty personnel under Article 26 (1) 1 or 2 walks away from his post without justifiable grounds, or falls under any subparagraph of Article 33 (1), the Commissioner of the Military Manpower Administration or the director of the regional military manpower office may give remedial education to those so acknowledged by the Commissioner of the Military Manpower Administration, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 2 Service of Public Health Doctors, etc.
법령 이단보기
Article 34 (Assignment to Public Health Doctors, etc.)
(1) Where any person holding a physician's license, dentist's license or oriental medical doctor's license and falling under any of the following subparagraphs desires to be a public health doctor, doctor exclusively in charge of the draft physical examination (excluding persons holding an oriental medical doctor's license; hereinafter the same shall apply) or international cooperative doctor, the Commissioner of the Military Manpower Administration may assign such person to the relevant post. In such cases, persons to be enlisted for active duty service shall be transferred to supplemental service:
1. A person who is to be enlisted for active duty service and applied for enrollment on the military register of officers in active duty service in the medical field prescribed in Article 58 (1) 1 but failed to be enrolled;
2. A person enrolled on the military register of medical cadet officers prescribed in Article 58 (2) 1 but failed to be enrolled on the military register of officers in active duty service in the medical field;
3. A person who is qualified as a doctor, dentist, or oriental medical doctor, and is in supplemental service to be called to public duty personnel service as prescribed in Article 26 (1) 1 and 2.
(2) A person assigned to serve as a public health doctor, doctor exclusively in charge of the draft physical examination, or international cooperative doctor under paragraph (1) shall be engaged in the relevant field for three years, and shall be deemed to have completed his service as public duty personnel, upon expiration of such period.
(3) A person assigned to serve as a public health doctor, doctor exclusively in charge of the draft physical examination or international cooperative doctor under paragraph (1) shall be called for education as prescribed in Article 55, but the period of such education call shall not be included in his service period.
(4) Matters necessary for the transfer, service, etc., of public health doctors, doctors exclusively in charge of the draft physical examination or international cooperative doctors shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 34-2 (Status, Remuneration, etc. of Doctors Exclusively in Charge of Draft Physical Examination)
(1) Doctors exclusively in charge of the draft physical examination shall be contract public officials working for the Military Manpower Administration and they will be paid remuneration and travel expenses, etc. incurred in performing their duties within the limits of the remuneration given to military personnel, and matters necessary to set standards for their remuneration, etc. shall be prescribed by Presidential Decree.
(2) The Commissioner of the Military Manpower Administration shall call doctors exclusively in charge of the draft physical examination for education necessary for them to carry out their duties and have them engage in the work of physical examination, etc. and may conduct training related to their duties in military hospitals, etc. for a period not exceeding three months when they are not engaged in the draft physical examination.
(3) Necessary matters concerning an order for mandatory service, education on duties, training, etc. under paragraph (2) shall be prescribed by Presidential Decree.
(4) Doctors exclusively in charge of the draft physical examination shall faithfully carry out the work of physical examination and shall not walk away from their places of service without permission from the Commissioner of the Military Manpower Administration or without justifiable grounds.
(5) The Commissioner of the Military Manpower Administration shall command and supervise the service of doctors exclusively in charge of the draft physical examination.
(6) No person falling under any subparagraph of Article 33 of the State Public Officials Act shall be appointed as a doctor exclusively in charge of the draft physical examination and where any doctor exclusively in charge of the draft physical examination falls under any subparagraph of the same Article, he shall naturally lose his status as a doctor exclusively in charge of the draft physical examination.
(7) The service of doctors exclusively in charge of the draft physical examination shall be governed by the State Public Officials Act except for those prescribed by this Act.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 34-3 (Deprivation of Status of Doctors Exclusively in Charge of Draft Physical Examination)
Where a doctor exclusively in charge of the draft physical examination falls under any of the following subparagraphs, the Commissioner of the Military Manpower Administration may deprive ex officio him of his status as a doctor exclusively in charge of the draft physical examination: Provided, That in cases falling under any of subparagraphs 1 through 3, the Commissioner of the Military Manpower Administration shall deprive him of his status as a doctor exclusively in charge of the draft physical examination:
1. Where his physician's license or dentist's license is revoked or suspended;
2. Where a person who has been appointed as a doctor exclusively in charge of the draft physical examination fails to comply with an order to participate in education on duties without justifiable grounds;
3. Where he deserts his place of service or does not engage in the duties of the relevant field for at least eight days in total, in violation of the provisions of Article 34-2 (4) without justifiable grounds;
4. Where he is unable to return to work or to perform his duties within one year due to a physical or mental disorder or within three months after he is missing or his whereabouts are unknown;
5. Where he is found inappropriate to retain his status as a doctor exclusively in charge of the draft physical examination after he has been charged with a criminal act;
6. Where he commits a fraudulent act in connection with the work of physical examination, such as determination of physical grades;
7. Where he disobeys an order issued under this Act or by this Act or any other duties, or he is deemed inappropriate to hold his status as a doctor exclusively in charge of the draft physical examination due to extremely poor job performance.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 34-4 (Extension, etc. of Term of Service of Doctors Exclusively in Charge of Draft Physical Examination)
(1) When any doctor exclusively in charge of the draft physical examination is unable to perform his duties for a period of not less than one month on the ground of a disease or injury not related to his duties, the Commissioner of the Military Manpower Administration may have him serve for an extended period corresponding to such period: Provided, That where a doctor exclusively in charge of the draft physical examination is deprived of his status for a reason prescribed in subparagraph 4 of Article 34-3, this shall not apply.
(2) When any doctor exclusively in charge of the draft physical examination either violates or neglects this Act or an order issued under this Act or any other duties, the Commissioner of the Military Manpower Administration may extend his service for a period commensurate with the reason, cut his pay by not more than one third, or reprimand him: Provided, That where a doctor exclusively in charge of the draft physical examination is deprived of his status for any reason referred to in subparagraphs 2, 3, 5, 6 and 7 of Article 34-3 or his service is extended under the provisions of Article 35 (2) for walking away from his place of service or failing to perform his duties for not more than seven days in total without justifiable grounds, this shall not apply.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 34-5 (Hearings)
Where the Commissioner of the Military Manpower Administration intends to deprive a doctor exclusively in charge of the draft physical examination of his status pursuant to the provisions of Article 34-3, he/she shall hold a hearing.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 34-6 (Assignment to Public-Service Advocates)
(1) The Commissioner of the Military Manpower Administration may assign a person who has a lawyer's license and falls under any of the following subparagraphs to serve as a public-service advocate upon his request. In such cases, persons to be enlisted for active duty service shall be transferred to supplemental service:
1. A person who is to be enlisted for active duty service, and has applied for enrollment on the military register of officers in active duty service in the field of judicial affairs under Article 58 (1) 2 but failed to be enrolled;
2. A person enrolled on the military register of judicial cadet officers prescribed in Article 58 (2) 2 but failed to be enrolled on the military register of officers in active duty service in the judicial affairs field;
3. A person in supplemental service who has a lawyer's license to be called to public duty personnel service as prescribed in Article 26 (1) 1 and 2.
(2) Each person assigned to serve as a public-service advocate under paragraph (1) shall be engaged in the relevant field for three years and, when the said period is completed, shall be deemed to have completed his service as public duty personnel.
(3) Each person assigned to serve as a public-service advocate under paragraph (1) shall be called for education under Article 55, but the period of such education call shall not be included in his service period.
(4) Matters necessary for the transfer, etc. of public-service advocates shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 34-7 (Assignment to Public Quarantine Veterinarians)
(1) The Commissioner of the Military Manpower Administration may assign a holder of veterinarian's license who falls under any of the following subparagraphs to serve as a public quarantine veterinarian upon his request. In such cases, a person to be enlisted for active duty service shall be transferred to supplemental service: <Amended by Act No. 9955, Jan. 25, 2010>
1. A person who is to be enlisted for active duty service, and has applied for enrollment on the military register of officers in active duty service in the field of veterinary service under Article 58 (1) 4 but failed to be enrolled;
2. A person enrolled on the military register of veterinary cadet officers prescribed in Article 58 (2) 4 but failed to be enrolled on the military register of officers in active duty service in the field of veterinary service;
3. A person who has a veterinarian's license and is in supplemental service to be called to public duty personnel service pursuant to Article 26 (1) 1 and 2.
(2) Each person assigned to serve as a public quarantine veterinarian under paragraph (1) shall be engaged in the relevant field for three years and, when the said period is completed, shall be deemed to have completed his service as public duty personnel. <Amended by Act No. 9955, Jan. 25, 2010>
(3) The Commissioner of the Military Manpower Administration shall call persons assigned to serve as a public quarantine veterinarian pursuant to paragraph (1) for education under Article 55. In such cases, the period of such education call shall not be included in the service period under paragraph (2). <Amended by Act No. 9955, Jan. 25, 2010>
(4) Other necessary matters concerning the assignment and service of public quarantine veterinarians shall be prescribed by Presidential Decree. <Amended by Act No. 9955, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 35 (Notification on Changes in Status of Public Health Doctors, etc. and Treatment thereof)
(1) Where a public health doctor, doctor exclusively in charge of the draft physical examination or international cooperative doctor falls under any of the following subparagraphs, the Minister of Health and Welfare, director of a regional military manpower office or the Minister of Foreign Affairs and Trade shall notify the Commissioner of the Military Manpower Administration thereof within 14 days: <Amended by Act No. 9932, Jan. 18, 2010>
1. Where his physician's license, dentist's license or oriental medical doctor's license is revoked or suspended;
3. Where he deserts from his place of service or fails to be engaged in the service in the relevant field, for at least eight days in total without justifiable grounds;
4. Where he deserts from his place of service or fails to be engaged in the service in the relevant field, for a period not exceeding seven days in total without justifiable grounds;
5. Where he is recalled as an international cooperative doctor under Article 9 of the International Cooperation Personnel Act;
6. Where he falls under any subparagraph of Article 33 of the State Public Officials Act.
(2) Where a public health doctor, doctor exclusively in charge of the draft physical examination, or international cooperative doctor falls under any of paragraph (1) 1, 2, 5 and 6, or Article 34-3, the Commissioner of the Military Manpower Administration shall cancel his assignment, and in cases where he falls under paragraph (1) 4, the Commissioner shall order him to serve for an extended period corresponding to five times the number of days during which he deserts from his place of service or fails to be engaged in the relevant service.
(3) A person whose assignment to the public health doctors, doctors exclusively in charge of the draft physical examination or international cooperative doctors is cancelled under paragraph (2) shall be returned to the position he had before the transfer and be enlisted for active duty service for the remaining service period as prescribed by Presidential Decree or called to public duty personnel service under Article 26 (1) 1 and 2. For this case, a person who shall serve as active duty service shall be applied for the proviso of Article 33 (3). <Amended by Act No. 10814, Jul. 5, 2011>.
(4) In respect of a person who has deserted his place of service or has not been engaged in the duties of the relevant field without justifiable grounds for at least eight days in total, the assignment to the public health doctors, doctors exclusively in charge of the draft physical examination or international cooperative doctors shall be cancelled, and he shall be called to public duty personnel service under Article 26 (1) 1 and 2 during the remaining service period, as prescribed by Presidential Decree: Provided, That in cases of persons falling under Article 65 (1) 2, this shall not apply.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 35-2 (Notification on Changes in Status of Public-Service Advocates and Treatment thereof)
(1) Where any person assigned to serve as a public-service advocate falls under any of the following subparagraphs, the Minister of Justice shall notify the Commissioner of the Military Manpower Administration thereof within 14 days:
1. Where he fails to receive education on duties as prescribed by the Public-Service Advocates Act, without justifiable grounds;
2. Where he fails to be appointed as a public-service advocate under the Public-Service Advocates Act;
3. Where he is deprived of or forfeits his status as a public-service advocate under the Public-Service Advocates Act because he has deserted his place of service, or has not been engaged in the duties in the relevant field, for at least eight days in total without justifiable grounds;
4. Where he deserts his place of service or fails to be engaged in the duties in the relevant field, for not more than seven days in total without justifiable grounds.
(2) Where a person assigned to serve as a public-service advocate falls under any of paragraph (1) 1 through 3 (excluding such grounds as deserting the service place, or failure to be engaged in the duties in the relevant field, for at least eight days in total without justifiable grounds), the Commissioner of the Military Manpower Administration shall cancel the assignment, and if the person falls under paragraph (1) 4, his period of service shall be extended by five times the number of days during which he has deserted his place of service or has not been engaged in the relevant duties.
(3) Any person whose assignment to public-service advocates under paragraph (2) is cancelled shall be returned to the position he had before the transfer and be enlisted for active duty service for the remaining service period as prescribed by Presidential Decree or called to public duty personnel service under Article 26 (1) 1 and 2. For this case, a person who shall serve as active duty service shall be applied for the proviso of Article 33 (3). <Amended by Act No. 10814, Jul. 5, 2011>
(4) In respect of a person who has deserted his place of service or has not been engaged in the duties in the relevant field for at least eight days in total without justifiable grounds, the assignment to public-service advocates shall be cancelled, and he shall be called to public duty personnel service under Article 26 (1) 1 and 2 during the remaining service period, as prescribed by Presidential Decree: Provided, That in cases falling under Article 65 (1) 2, this shall not apply.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 35-3 (Notice of Changes in Status of Public Quarantine Veterinarians and Treatment thereof)
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall, when a person enlisted as a public quarantine veterinarian falls under any of the following subparagraphs, notify the Commissioner of the Military Manpower Administration thereof within 14 days from the day such cause or event arises: <Amended by Act No. 9955, Jan. 25, 2010>
1. When his veterinarian's license under the Veterinarians Act is revoked or its validity is suspended;
2. When he fails to receive training on duties under the Act on the Public Service Veterinarians for Prevention of Epidemics without justifiable grounds;
3. When he fails to be appointed as a public quarantine veterinarian in accordance with the Act on the Public Service Veterinarians for Prevention of Epidemics;
4. When he is deprived of or forfeits his status as a public quarantine veterinarian pursuant to the Act on the Public Service Veterinarians for Prevention of Epidemics ;
5. When he falls under any subparagraph of Article 33 of the State Public Officials Act;
6. When he deserts the assigned agency or place of service for not more than seven days in total without justifiable grounds;
7. When he is not engaged in the duties in the relevant field for not more than seven days in total without justifiable grounds.
(2) The Commissioner of the Military Manpower Administration shall, when a person assigned to serve as a public quarantine veterinarian falls under any of paragraph (1) 1 through 5, cancel the assignment and order him to return to the position he had before the assignment and to be enlisted for active duty service for the remaining service period as prescribed by Presidential Decree or called to public duty personnel service under Article 26 (1) 1 and 2. For this case, a person who shall serve as active duty service shall be applied for the proviso of Article 33 (3). <Amended by Act No. 9955, Jan. 25, 2010; Act No. 10814, Jul, 5, 2011>
(3) The Commissioner of the Military Manpower Administration shall, when a person enlisted as a public quarantine veterinarian falls under paragraph (1) 6 or 7, extend his service term by five times the number of days during which he has deserted or has not been engaged in the relevant service. <Amended by Act No. 9955, Jan. 25, 2010>
(4) Notwithstanding paragraph (2), in respect of a person who is deprived of the status as a public quarantine veterinarian pursuant to the Act on the Public Service Veterinarians for Prevention of Epidemics because he has deserted the assigned agency or place of service or has failed to perform his service in the relevant field, for at least eight days in total without justifiable grounds, the assignment to the public quarantine veterinarians shall be revoked, and he shall be called to public duty personnel service under Article 26 (1) 1 and 2 during the remaining service period, as prescribed by Presidential Decree: Provided, That in cases falling under Article 65 (1) 2, this shall not apply. <Amended by Act No. 9955, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 3 Service of Expert Research Personnel and Industrial Technical Personnel
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Article 36 (Selection etc. of Designated Entities)
(1) The Commissioner of the Military Manpower Administration shall select designated entities (excluding agricultural corporations and after-sales service enterprises) for which expert research personnel or industrial technical personnel will serve, from among research institutions, key industrial enterprises and defense industrial enterprises, according to the standards determined by Presidential Decree.
(2) Where any research institution, key industrial enterprise or defense industrial enterprise which has not been selected as a designated entity falls under a cause determined by Presidential Decree, such as the taking-over, etc. of a designated entity selected pursuant to paragraph (1), it shall be deemed to have been selected as a designated entity.
(3) Where a designated entity selected pursuant to paragraph (1) falls under a cause prescribed by Presidential Decree, such as discontinuance of business, etc., the Commissioner of the Military Manpower Administration may cancel its selection as a designated entity.
(4) The Commissioner of the Military Manpower Administration shall determine the number of persons to be assigned to expert research personnel service or industrial technical personnel service insofar as it does not obstruct the supply of personnel necessary for the armed forces and shall determine the number of persons to be assigned to each designated entity, as prescribed by Presidential Decree.
(5) The director of the competent regional military manpower office [referring to the director of the regional military manpower office having jurisdiction over the administrative district in which the workplace of a designated entity, a succeeding farmer or a succeeding fisherman under Article 10 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter referred to as "succeeding farmer or fisherman") is situated; hereafter the same shall apply in this Section]may transfer a person to expert research personnel service (excluding a person who falls under subparagraph 3) or industrial technical personnel service, if he falls under any of the following subparagraphs and is able to complete his mandatory service under Article 39 by the age of 35. In such cases, a person subject to enlistment in active duty service shall be transferred to supplemental service:
1. A person subject to enlistment in active duty service;
2. A person in supplemental service subject to a call-up to public duty personnel service under Article 26 (1) 1 and 2 (hereinafter referred to as "person in supplemental service subject to a call-up to public duty personnel service");
3. A member of the public duty personnel under Article 26 (1) 1 or 2.
(6) The head of each designated entity shall submit a written oath to the director of the regional military manpower office (including the head of a military manpower branch office), stating that he/she shall perform the terms and conditions of employment in good faith as agreed upon.
(7) Matters necessary for the selection, succession, cancellation of selection of designated entities, transfer to expert research personnel service or industrial technical personnel service, and the submission of a written oath under paragraphs (1) through (6) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
법령 이단보기
Article 37 (Persons to be Transferred to Expert Research Personnel Service)
A person who falls under any of the following subparagraphs may be transferred to expert research personnel service under Article 36 at his request: <Amended by Act No. 10866, Jul. 21, 2011>
1. A person who has attained a master's degree or higher (including a person who has completed the course of study in a combined master's and doctorate program), and is engaged in a research institution selected as a designated entity (including a person in supplemental service to be called to public duty personnel service after having acquired a bachelor's degree in natural science and is engaged in a research institution attached to a small business and selected as a designated entity);
2. A person who is in the doctorate program of natural science at a graduate school selected as a designated entity (including a person who has completed the course of study for a master's degree provided for in Article 31 (1) 2 and 3 of the Higher Education Act in a combined master's and doctorate program at a graduate school of natural science);
3. A person with a physician's license, dentist's license or oriental medical doctor's license who has completed a prescribed course in a military medical specialist training institution under Article 58 (2) 1, and is in a doctorate program of natural science at a graduate school under subparagraph 2.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 38 (Persons to be Transferred to Industrial Technical Personnel Service)
(1) A person who falls under any of the following subparagraphs may be transferred to industrial technical personnel service under Article 36 at his request. In such cases, those who fall under subparagraphs 1 and 2 (excluding public duty personnel under Article 26 (1) 1 and 2 and persons in supplemental service to be called to public duty personnel service) and those who fall under subparagraph 4 (excluding succeeding farmers and fishermen) shall have technical qualifications or licenses prescribed by Presidential Decree:
1. A person who is engaged in a key industrial enterprise selected as a designated entity in the field of manufacturing industry, mining, energy industry, construction, fisheries or marine transportation business (in cases of fisheries or marine transportation, limited to persons who are currently engaged or to be engaged in duties on board a ship);
2. A person who is engaged in a specialized research institution or defense enterprise (including a military maintenance unit) under Articles 18 and 35 of the Defense Acquisition Program Act selected as a designated entity;
3. A person who is designated by Presidential Decree, because he is deemed specially required for the national interest, from among those having skills of an international level;
4. A succeeding agricultural manager, an agricultural machinery operator of an agricultural corporation or a person serving with an after-sales service enterprise, who is recommended by the head of the competent Si/Gun/Gu, and a succeeding fisherman recommended by the president of the National Fisheries Research and Development Institute (referring to the Governor in the case of Jeju Special Self-Governing Province; hereafter the same shall apply in this Section).
(2) Notwithstanding paragraph (1), persons engaged in the field of information processing at key industrial enterprises in the manufacturing industry under paragraph (1) 1 or at defense enterprises under paragraph (1) 2 shall have majored in the relevant field, completed a technical training course, or have a career experience in the relevant field determined by the Commissioner of the Military Manpower Administration.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 38-2 (Limitation on Transfer, etc. to Expert Research Personnel and Industrial Technical Personnel)
Any person who is a relative by blood within the fourth degree of relationship with the representative director of any designated entity (referring to the parent enterprise in the event that the designated entity is a research institution affiliated therewith) shall be prohibited from being transferred to expert research personnel service or industrial technical personnel service under Articles 37 and 38 in the designated entity or changing a job under the proviso to Article 39 (3).
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 39 (Service of Expert Research Personnel and Industrial Technical Personnel)
(1) Expert research personnel and industrial technical personnel shall mandatorily serve in the respective fields for either of the following periods and shall, when they complete the period of service, be deemed to have completed their service as public duty personnel. In such cases, with respect to expert research personnel provided for in subparagraphs 2 and 3 of Article 37, the period of study in a doctorate program shall not be included in the mandatory service period:
1. Three years for expert research personnel;
2. Two years and ten months for industrial technical personnel: Provided, That the mandatory service period for any industrial technical person who is transferred from supplemental service to be called to public duty personnel service shall be two years and two months, but it shall be the remaining period in cases of a person who is transferred while in service as public duty personnel.
(2) Expert research personnel and industrial technical personnel shall be subject to a call for education under Article 55, and such education call period shall be included in their mandatory service period.
(3) Expert research personnel or industrial technical personnel shall be engaged in the relevant fields with designated entities as at the time of their transfer: Provided, That in cases prescribed by Presidential Decree, such as discontinuance of business, etc. of the designated entities, and in cases where they obtain approval or permission from the director of the competent regional military manpower office as prescribed by Presidential Decree, because they are unable to be engaged in the relevant fields with the designated entities as at the time of transfer due to a change of the designated entities in which they serve, dispatch, education and training for the performance of related duties, guidance for learning and technology or other inevitable causes, this shall not apply.
(4) Persons to be transferred to expert research personnel service or industrial technical personnel service shall submit a written oath to the effect that they will faithfully engage in their service during their mandatory service period referred to in paragraph (1).
(5) Matters necessary for service, such as the fields in which expert research personnel and industrial technical personnel are to be engaged, calculation of the mandatory service period, oaths, etc., shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 40 (Notification on Changes in Status of Expert Research Personnel and Industrial Technical Personnel)
When any member of the expert research personnel, industrial technical personnel or a designated entity falls under any of the following subparagraphs, the head of the designated entity (including the person in charge of personnel management on behalf of the head of the designated entity), the director of an agricultural technology center (where the agricultural technology center is not in existence, the head of competent Si/Gun), or the president of the National Fisheries Research and Development Institute (limited to succeeding farmers and fishermen) shall notify the director of the competent regional military manpower office thereof within 14 days: Provided, That the head of an entity or the director of an agricultural technology center that employs any industrial technical personnel in the field of agriculture shall notify the director of the competent regional military manpower office thereof through the head of competent Si/Gun:
1. Where he is dismissed or retires from the designated entity in which he is in service, or where a person who has been transferred to the expert research personnel while pursuing a doctorate degree at a graduate school of natural science as prescribed in subparagraphs 2 and 3 of Article 37 is on a leave of absence from school, or expelled from school;
2. Where he does not serve in the relevant field with the designated entity as at the time of transfer;
3. Where he absents himself from the office without notice for not less than eight days in total during the mandatory service period;
4. Where his technical qualification or license for the relevant field is cancelled or suspended, or he becomes disqualified as a succeeding farmer or fisherman;
5. Where he retires temporarily from office, is suspended from office, or is transferred from another designated entity;
6. Where the designated entity in which he is in service suspends its business, closes its operation, performs a lock-out, or discontinues its business;
7. Where any other cause prescribed by Presidential Decree arises.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 41 (Cancellation of Transfer to Expert Research Personnel Service or Industrial Technical Personnel Service and Imposition of Duties)
(1) Where any person transferred to expert research personnel service or industrial technical personnel service falls under any of the following subparagraphs, the director of the competent regional military manpower office shall cancel the transfer: Provided, That when a person who is dismissed from the designated entity in which he has served files an application for relief with the Labor Commission pursuant to Article 28 (1) of the Labor Standards Act or has instituted a lawsuit with a court to take issue on the validity of the dismissal and the case is still pending, he may reserve the cancellation of the transfer until the final decision is rendered, as prescribed by Presidential Decree, and when any person falling under subparagraph 2 of Article 40 has a cause prescribed by Presidential Decree, he may be allowed to serve for an extended mandatory service period which makes up for the period for which he has not served in the relevant field without revoking his transfer, as prescribed by Presidential Decree:
1. Where he is transferred or changes his job by fraudulent means, such as false statement, submission of false material, etc., in violation of Article 38-2;
2. Where he is transferred or changes his job by fraudulent means, such as giving or receiving money or articles (excluding cases falling under subparagraph 1);
3. Where he cannot complete the period of mandatory service under Article 39 (1) by the age of 35;
4. Where he falls under any of subparagraphs 1 through 4 of Article 40;
5. Where he has not responded to a call for education under Article 55 without justifiable grounds;
6. Where the designated entity in which he is in service discontinues its business, or the selection as a designated entity is cancelled or such designated entity becomes disqualified, but he fails to work in another designated entity within the period prescribed by Presidential Decree;
7. Where he departs from Korea without obtaining permission for an overseas travel or resides abroad without obtaining permission to extend an overseas travel provided for in Article 70 (1) or (3), or fails to return to Korea within the permitted period without justifiable grounds;
8. Where he fails to return to Korea in violation of an order to return to Korea under Article 83 (2) 10.
(2) In cases where any member of the expert research or industrial technical personnel fails to perform mandatory service for any of the following reasons, the director of the competent regional military manpower office shall have him engaged in such service for a prolonged period equivalent to such missed period, as prescribed by Presidential Decree:
1. Where the designated entity discontinues or suspends its business, or performs a lock-out;
2. Where any cause prescribed by Presidential Decree arises, such as a temporary withdrawal from office, suspension from office, etc.
(3) Any person whose transfer to expert research personnel service or industrial technical personnel service has been cancelled under paragraph (1) shall be reinstated to the position he held before the transfer, and be enlisted for active duty service, or called to public duty personnel service.
(4) For persons enlisted due to the cancellation of transfer pursuant to paragraph (1) after having been transferred to expert research personnel service or industrial technical personnel service and serving for not less than one year, their service period may be reduced according to the standards prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 42 (Adjustment of Service Period for Public Duty Personnel, etc.)
(1) The Minister of National Defense may, upon request by the Commissioner of the Military Manpower Administration, adjust the period of service or the period of mandatory service of public duty personnel, expert research personnel or industrial technical personnel within the limit of one year, in any of the following cases. In such cases, for persons who are in supplemental service to be called to public duty personnel service and are called up or transferred to public duty personnel service, expert research personnel service or industrial technical personnel service, the scope of adjustment of the period of service or the period of mandatory service may be determined differently from those to be enlisted for active duty service who are called up or transferred:
1. Where it is required to adjust the period of service or the period of mandatory service due to the reduction or extension of the period of active duty service;
2. Where it is required to reduce the period of service or the period of mandatory service due to poor working conditions or environment;
3. Where it is required for the supply and demand plan of military personnel.
(2) The Minister of National Defense shall, if he/she intends to adjust the period of service or the period of mandatory service for public duty personnel, expert research personnel or industrial technical personnel under paragraph (1), obtain approval therefor in advance from the President after deliberation by the State Council.
(3) The period of service of those transferred to supplemental service as prescribed in Article 65 (1) and (10) may be reduced, as prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25, 2010; Act No. 10704, May 24, 2011>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 43 (Fact-Finding Surveys on Public Duty Personnel, etc.)
The director of a regional military manpower office or the director of the competent district military manpower office may conduct fact-finding surveys on the service and management of public duty personnel, expert research personnel and industrial technical personnel in State agencies, local governments, public organizations, social welfare facilities, designated entities, etc., as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER VI IMPOSITION OF DUTIES FOR MILITARY FORCE MOBILIZATION CALL, ETC.
SECTION 1 Call for Military Force Mobilization
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Article 44 (Persons Subject to Call for Military Force Mobilization)
For the purpose of organizing military units or any operational demand in wartime, an incident, or national emergency corresponding thereto, a call for military force mobilization shall be issued to each of the following persons (hereinafter referred to as "person subject to a call for military force mobilization"):
1. Those in reserve service;
2. Those in supplemental service who have completed a call for education;
3. Those transferred to supplemental service under Article 66.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 45 (Designation of Persons Subject to Call for Military Force Mobilization)
(1) The director of each regional military manpower office shall designate persons subject to a call for military force mobilization, depending on the units in which they are to be enlisted.
(2) Matters concerning the selection, etc. of persons subject to a call for military force mobilization under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 46 (Call for Military Force Mobilization)
(1) In wartime, an incident, or national emergency corresponding thereto, the director of each regional military manpower office shall call persons subject to a call for military force mobilization.
(2) In order to respond to an urgent situation, such as wartime, incidents, etc., the Commissioner of the Military Manpower Administration may instruct the director of each regional military manpower office to serve prior notice of a call for military force mobilization. In such cases, each person who is served such prior notice of a call for military force mobilization shall enlist himself at such date and time as the Commissioner of the Military Manpower Administration notifies publicly through newspapers, television or radio broadcast.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 47 (Physical Examination for Call for Military Force Mobilization and Sending Invalids Home)
(1) If any person subject to a call for military force mobilization enters the armed forces, the commanding officer of the relevant military unit shall conduct a physical examination of such person within two days he enters the unit.
(2) The commanding officer of a military unit may invalid a person who is acknowledged as unfit for performing service of the call-up for military force mobilization or as in need of medical treatment for not less than 15 days as a result of a physical examination for service, specifying his physical grade or the recovery period.
(3) The director of a regional military manpower office may assign persons sent home as an invalid under paragraph (2) and whose physical grade is specified, and who are incapable of performing service of a call-up for military force mobilization, to supplemental service or the second citizen service, or exempt them from military service, and may re-call or conduct a follow-up examination of persons whose period of recovery is specified.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 48 (Service, etc. of Persons Called for Military Force Mobilization)
(1) The service and treatment of those enlisted in the military by a call for military force mobilization shall be the same as that afforded to those in active duty service.
(2) Matters necessary for a release from a call for those enlisted in the military by the call for military force mobilization shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 2 Call for Military Force Mobilization Training
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Article 49 (Persons, etc. Subject to Call for Military Force Mobilization Training)
A call for military force mobilization training shall be issued to persons subject to a call for military force mobilization, for any training or check-up to make provision for a military force mobilization call, and the period shall not exceed 30 days in a year.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 50 (Call for Military Force Mobilization Training)
(1) In order to conduct military force mobilization training, the director of each regional military manpower office shall call persons designated as those subject to a call for military force mobilization.
(2) The Commissioner of the Military Manpower Administration may, if necessary, instruct the director of a regional military manpower office to serve a prior notice of a call for military force training. In such cases, the provisions of the latter part of Article 46 (2) shall apply mutatis mutandis.
(3) Every person who receives the notice of a call for military force mobilization training shall enter the armed services on a designated date, time and place.
(4) The director of a regional military manpower office may, when he intends to verify procedures for issuing a call for military force mobilization to prepare for an emergency situation, such as a wartime or an incident, issue a call for military force mobilization training on the date and time announced by the Commissioner of the Military Manpower Administration in newspapers or on television or radio according to the prior notice of a call for military force mobilization served under the former part of Article 46 (2) without serving individual notices calling the military force mobilization training to persons subject to a call for military force mobilization.
(5) In respect of a call for surprise military force mobilization training to prepare for an emergency in accordance with Article 14 of the Emergency Resources Management Act, the director of a regional military manpower office may request the head of a Si/Gun/Gu to provide cooperation in serving notices of a call for military force mobilization training and encouraging their participation in military training, and the head of the Si/Gun/Gu shall, upon receiving the request, provide necessary cooperation. In such cases, the director of a regional military manpower office may subsidize expenses incurred therefor after consultation with the head of a Si/Gun/Gu.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 51 (Physical Examination for Call for Military Force Mobilization Training and Sending Invalids Home)
(1) The commanding officer of each military unit shall conduct a physical examination of those who enter the unit upon a call for military force mobilization training, within two days they enter the unit.
(2) The commanding officer of a military unit may invalid any person who is acknowledged as unfit for participating in a military force mobilization training due to a disease or mental or physical disorder as a result of a physical examination for service.
(3) The director of a regional military manpower office may re-call persons who have been sent home as an invalid under paragraph (2), or may exempt them from a call for military force mobilization training in the relevant year.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 52 (Service of Persons Called for Military Force Mobilization Training)
(1) Each person who enters the armed services upon a call for military force mobilization training shall perform service equivalent to active duty service, and may take meals or receive allowances, etc. within budgetary limits.
(2) Any person who enters the armed services upon a call for military force mobilization training is arrested for a crime committed while in service, or fails to receive training for more than a third of the service period without justifiable grounds, he may be re-called.
(3) Matters necessary for a release from a call for military force mobilization training shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 3 Call for Wartime Labor
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Article 53 (Persons, etc. Subject to Call for Wartime Labor)
(1) A call for wartime labor shall be issued to persons falling under any of the following subparagraphs, to support military activities in wartime, an incident, or national emergency corresponding thereto:
1. Persons in supplemental service under subparagraph 2 of Article 44, excluded from the designation in respect of a call for military force mobilization;
2. Persons in the second citizen service (excluding persons who have obtained a licence or certificate under the National Technical Qualifications Act and other Acts and subordinate statutes, and other persons who have obtained a technical licence or certificate under foreign Acts and subordinate statutes, and who are recognized by the Minister of Public Administration and Security);
3. Persons excluded from a call for education as prescribed in Article 55 (3).
(2) Any check-up for wartime labor call may be conducted on those subject to a call for wartime labor under paragraph (1), and the period of such check-up shall not exceed two days in a year.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 54 (Call for Wartime Labor and Physical Examination for Service, etc.)
(1) The provisions of Articles 45 through 48 shall apply mutatis mutandis to the designation, call-up, physical examination for service, invalidment, service, etc. of those subject to a call for wartime labor. In such cases, "call for military force mobilization" shall be construed as "call for wartime labor", and "service of a military force mobilization call" as "service of a wartime labor call".
(2) Notwithstanding paragraph (1), the Minister of National Defense may allow persons called for wartime labor to live outside military units, and provide them with meals, or pay them allowances, etc., within budgetary limits.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
SECTION 4 Call for Education
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Article 55 (Persons, etc. Subject to Call for Education)
(1) A call for military education may be issued to those in supplemental service and those in onboard ship reserve service for up to 60 days, and matters necessary for the time, period of call, release from call, etc. shall be prescribed by Presidential Decree: Provided, That those in the second citizen service may be called up in cases where military education is required.
(2) Where it is required for national defense, a call under paragraph (1) may be issued to qualify those in reserve service, supplemental service or the second citizen service, for promotion to a higher rank or appointment as an officer, as prescribed by Presidential Decree. In such cases, the period of a call shall not exceed 120 days.
(3) Notwithstanding paragraph (1), no one in supplemental service may be called up for education based on qualifications, such as physical grade, educational background, age, etc., and the standards shall be prescribed by the Commissioner of the Military Manpower Administration.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 56 (Physical Examination for Service, etc.)
(1) The provisions of Article 17 shall apply mutatis mutandis to physical examinations for service and invalidment of persons in supplemental service called up for military education under the main sentence of Article 55 (1). In such cases, "enlistment for active duty service" shall be construed as "call for education", and "active duty service" as "supplemental service".
(2) The provisions of Article 47 shall apply mutatis mutandis to physical examinations for service and invalidment of those in reserve service, supplemental service or the second citizen service called up for military education under the proviso to Article 55 (1) or (2). In such cases, "call for military force mobilization" shall be construed as "call for education", and "recovery period for not less than 15 days" as "recovery period for not less than seven days".
(3) The service and treatment of those enlisted in the military upon a call for education shall be the same as that afforded to those in active duty service.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER VII STUDENT MILITARY EDUCATION AND ENROLLMENT OF MILITARY SURGEONS, ETC.
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Article 57 (Student Military Education, etc.)
(1) Any student who attends a high school or higher may be provided with general military education, as prescribed by Presidential Decree, and the service period of those in active duty service (including those on active duties under Articles 21, 24 and 25) or the public duty personnel who have been provided with such military education may be shortened.
(2) Any school equivalent to a high school or higher may establish courses for student military training corps for officer candidates or noncommissioned officer candidates (hereinafter referred to as "student officer candidates"), and any person who has completed such courses may be enrolled on the military register of officers or noncommissioned officers in active duty service.
(3) Any person who has received military education under paragraphs (1) and (2), may be provided with remuneration, meal service, allowances, etc., within budgetary limits, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 58 (Enrollment of Military Surgeons, Judicial Officers, Military Chaplains, Veterinary Officers, etc.)
(1) Any person to be enlisted for active duty service who falls under any of the following subparagraphs, at his request, may be enrolled on the military register of officers in active duty service in the medical, judicial, religious, or veterinary field. In such cases, the standards for selecting religions subject to enrollment in the religious field under subparagraph 3, and the standards and procedures, etc. for selecting active duty officers in the religious field shall be prescribed by Presidential Decree:
1. A person who has a physician's license, dentist's license, or oriental medical doctor's license;
2. A person who is qualified as a judge, public prosecutor, or attorney-at-law;
3. A person who is a pastor, priest or Buddhist monk holding an academic degree equal to or higher than a bachelor's degree, and any other person who performs the duty equivalent thereto and whose qualification is recognized by the religious organization to which he belongs;
4. A person who has a veterinarian's license.
(2) A person falling under any of the following subparagraphs who applies to be a military surgeon candidate, judicial officer candidate, military chaplain candidate, or veterinary officer candidate may be enrolled as a military surgeon candidate, judicial officer candidate, military chaplain candidate, or veterinary officer candidate, and necessary matters pertaining to those to be enrolled, age restriction, etc. shall be prescribed by Presidential Decree:
1. A person who has a physician's license, dentist's license, or oriental medical doctor's license, and is enrolled in the prescribed course at a military medical specialist training institution;
2. A person who is enrolled in the prescribed course in a pertinent training institution for the purpose of obtaining qualifications to be a judge, public prosecutor, or attorney-at-law;
3. A person who is enrolled in a college of theology or Buddhism, or any other college to foster clergymen in order to obtain qualifications to become a pastor, priest, Buddhist monk, or any other person who performs duties equivalent thereto;
4. A person who is enrolled in a college of veterinary science (including a department of veterinary science in a college where such department is established) in order to obtain a veterinarian's license.
(3) Any person who is enrolled on the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates under paragraph (2) may be enrolled on the military register of officers in active duty service in special branches of the army until reaching 35 years of age, and any person who is expunged from the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates may be enlisted for active duty service or called up as public duty personnel, depending on their physical grade.
(4) Any person to be enrolled on the military register of officers in active duty service under paragraphs (1) and (3) of this Article, and Article 59, may be enlisted in a military unit to receive military education.
(5) Where any person referred to in paragraph (4) enters the armed services, the commanding officer of the military unit shall conduct a physical examination of him within five days from the date he enters the armed services and shall invalid any person who is acknowledged as unfit for active duty service due to a disease or physical or mental disorder or as in need of medical treatment for not less than 15 days as a result of such physical examination, indicating the severity of the disease or mental or physical disorder and the recovery period (limited to cases where the recovery period can be known). The same shall apply to those who are recognized to be in need of medical treatment for not less than 15 days due to a disease, or mental or physical disorder that occurs while receiving military education.
(6) The Commissioner of the Military Manpower Administration shall conduct a follow-up physical examination, as prescribed by Presidential Decree, of those who have been sent home as an invalid under paragraph (5), and change his military service disposition or have him re-enter the armed services according to his physical grade: Provided, That in cases of an invalid with a clear statement that the recovery period is less than three months, the director of the regional military manpower office may have him re-enter the military services without a further physical examination.
(7) The Ministry of National Defense shall have a committee for the management and examination of military chaplains in order to deliberate on matters concerning the selection of religions eligible for enrollment on the military register, selection of officers in active duty service to minister to soldiers of the military, etc. under paragraph (1). In such cases, necessary matters concerning the organization, operation, etc. of such committee shall be prescribed by Presidential Decree.
(8) Matters necessary for the standards for selecting officers in active duty service in the field of medicine and veterinary science among persons enrolled on the military register of military surgeon candidates and veterinary officer candidates as prescribed in paragraph (2), procedures therefor, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 59 (Enrollment of Persons, etc. who have Passed Open Competitive Examination for Appointment as Public Officials of Grade V, as Officers in Basic Branches of Army)
Any person who falls under Article 58 (1) 2 or any person who has completed the courses for judicial cadet officers as prescribed in Article 58 (2) 2 and is not enrolled on the military register of officers in active duty service in the field of judicial affairs, and any person to be enlisted for active duty service who has passed an open competitive examination for employment of public officials of Grade V under the State Public Officials Act or an open competitive examination for appointment of public officials of Grade V under the Local Public Officials Act may be enrolled, at his request, on the military register of officers in active duty service in the basic branches of the army. In such cases, any person who has passed an open competitive examination for employment of public officials of Grade V or an open competitive examination for appointment of public officials of Grade V shall be enrolled until they reach the age of 29.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER VIII POSTPONEMENT AND REDUCTION OF AND EXEMPTION FROM MILITARY DUTY
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Article 60 (Postponement of Draft Physical Examination and Enlistment in Military, etc.)
(1) The director of a regional military manpower office may postpone the draft physical examination of a person subject to the draft physical examination who falls under any of the following subparagraphs:
1. A crew member of a ship navigating to and from a foreign country;
2. A person who stays or resides in a foreign country;
3. A person who is detained for any crime, or is under execution of sentence.
(2) The director of a regional military manpower office may postpone the conscription or call-up of a person who has undergone a draft physical examination and falls under any of paragraph (1) 1 through 3, and also falls under any of the following subparagraphs:
1. A student who attends a high school or higher;
2. A person who is taking a prescribed course at a training institute;
3. An outstanding athlete to enhance the national prestige.
(3) Any person whose draft physical examination, conscription or call-up has been postponed under paragraph (1) or (2) shall, when he applies for a draft physical examination, conscription or call-up, or his cause of the postponement ceases to exist, undergo the draft physical examination, or be conscripted or called up in the current or following year.
(4) When any person whose conscription or call-up is postponed under paragraph (2) is re-conscripted or re-called, his assignment to military service may be changed in conformity with the criteria for military service assignment of the year in which he is re-conscripted or re-called.
(5) Matters necessary for the scope of schools, training institutes and outstanding athletes referred to in paragraph (2), restrictions on postponement, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 61 (Postponement of Enlistment Date, etc.)
(1) For any person who has received or is to receive a written notice of draft physical examination, conscription, or call-up, but is unable to fulfill it on the date for fulfillment of the duty due to a disease, mental or physical disorder, disaster, etc., the date may be postponed upon his request, which shall not pass the date he attains the age of 30. <Amended by Act No. 9946, Jan. 25, 2010>
(2) For any person for whom the date for fulfillment of the duty is postponed under paragraph (1), a written notice shall be served again with a new date fixed: Provided, That where a person who has received or is to receive a conscription or call notice is deemed unable to serve in the military due to any disease or mental or physical disorder, his assignment to military service may be changed after a physical examination of him.
(3) Notwithstanding paragraph (1), where filing an application for postponement of enlistment date is difficult due to reasons prescribed by Presidential Decree, such as unknown whereabouts, disaster, etc., the director of a regional military manpower office may postpone ex officio the date for fulfillment of the duty until such reasons are resolved. <Newly Inserted by Act No. 9946, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 62 (Transfer, etc. to Second Citizen Service due to Family Reasons)
(1) A person to be enlisted for active duty service may be transferred to the second citizen service upon his request, if he falls under subparagraph 1, or to supplemental service upon his request, if he falls under subparagraph 2:
1. A person who is the sole provider of his family's livelihood;
2. Any one person whose parent, spouse, or sibling was killed in action, died at his duty, or has disabilities caused by a war wound or a wound in the course of his duty.
(2) Any person in supplemental service falling under paragraph (1) 1 may be transferred to the second citizen service upon his request.
(3) Matters necessary for the scope of the family, the criteria for determination of the difficulty in maintaining a household, the timing for application, the scope of those killed in action, those died at their duties, and those with disabilities caused by a war wound or a wound in the course of duty, etc. under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 63 (Discharge, etc. from Military Service due to Family Reasons)
(1) An active duty serviceman falling under Article 62 (1) 1 (including those in active duty service under Article 21, 24 or 25; hereafter the same shall apply in this Article) may be transferred to the second citizen service upon his request.
(2) Any person who is in active duty service or serves as public duty personnel and falls under Article 62 (1) 2 may have, upon his request, his service period shortened into six months, and any person who has completed his service period may be transferred to supplemental service, or released from the call.
(3) Any person who is in service as a serviceman due to a call for military force mobilization or a call for wartime labor (including those who have received a written notice of call-up) and falls under Article 62 (1) 1 may be transferred to the second citizen service upon his request, or may have the call cancelled or postponed.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 64 (Exemption of Persons in First Citizen Service from Military Service, etc.)
(1) The director of a regional military manpower office may exempt any person in the first citizen service and falling under subparagraph 1 (limited to persons whose physical grade falls under Grade VI) or 2 from military service without a draft physical examination upon his request, and any person whose physical grade falls under Grade V and subparagraph 3, among persons who fall under subparagraph 1, may be transferred to the second citizen service without a draft physical examination upon his request: <Amended by Act No. 9946, Jan. 25 2010>
1. A person who is incapable of performing military service due to an overall deformity, disease, mental or physical disorder, etc.;
2. A person who has immigrated from the north of the Military Demarcation Line;
3. A person who falls under a reason prescribed in Article 65 (1) 2.
(2) Matters necessary for the scope of a person referred to in paragraph (1) and the procedures for filing an application, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 65 (Change, etc. of Assignment to Military Service)
(1) Any person in active duty service (including those in active duty service under Article 21, 24 or 25, and those to be enlisted for active duty service), in onboard ship reserve service, or in supplemental service, and who falls under subparagraph 1, may be transferred to supplemental service or the second citizen service, or exempted from military service, after a physical examination, and any person who falls under subparagraph 2 may be transferred to supplemental service or the second citizen service: <Amended by Act No. 9946, Jan. 25 2010>
1. A person who is incapable of performing military service due to a war wound or a wound in the course of duty, disease or mental or physical disorder;
2. A person who is deemed unfit for military service due to reasons prescribed by Presidential Decree, such as serving time in prison, etc.;
3. Deleted. <by Act No. 9946, Jan. 25 2010>
(2) Where a person in active duty service (including those who perform military service as prescribed in Article 21, 24 or 25), onboard ship reserve service, or supplemental service emigrates with his family to a foreign country, he may be transferred to supplemental service, or a call-up to public duty personnel service may be discharged. <Amended by Act No. 9946, Jan. 25 2010>
(3) Where a person in active duty service (including those who perform military service as prescribed in Article 21, 24 or 25) wishes to perform full-time reserve service due to child-birth, he may be transferred to the reserve service, as prescribed by Presidential Decree. <Newly Inserted by Act No. 10704, May 24, 2011>
(4) Any person in reserve or the second citizen service who is incapable of performing military service due to a reason referred to in paragraph (1) 1 may, upon his request, be transferred to the second citizen service or exempted from military service after a physical examination.
(5) Any serviceman in reserve service who is serving time in prison may be transferred to the second citizen service, as prescribed by Presidential Decree.
(6) Where a person transferred to supplemental service or for whom a call-up to public duty personnel service has been released on the ground that he plans to emigrate to a foreign country with his family as prescribed in paragraph (2) falls under a reason prescribed by Presidential Decree, such as that he returns to Korea in order to permanently reside in Korea, such disposition may be revoked and the duty of military service may be imposed.
(7) The director of each regional military manpower office shall issue a call for education as prescribed in Article 55 to the crew of ships navigating to and from foreign countries who are to be called up as public duty personnel, but whose call-up to public duty personnel service is postponed for three or more years from the day prescribed by Presidential Decree by reasons as prescribed in Article 60 (1) 1, and when they have completed the call for education, they shall be deemed to have completed service as public duty personnel.
(8) Where any person in supplemental service or the second citizen service wants to perform active service or serve as public duty personnel after his disease or mental or physical disorder is treated or his educational background is changed, the director of the regional military manpower office may cancel the relevant disposition and change his assignment to military service, as prescribed by Presidential Decree.
(9) Where the number of persons to be called to public duty personnel service is larger than that of persons to be assigned to the public duty personnel under Article 27, the director of the regional military manpower office may transfer some of the persons to be called to the second citizen service according to the standards prescribed by Presidential Decree, taking into consideration their academic career and the year in which they are transferred to supplemental service.
(10) Where any person in active duty service (including those who perform military service as prescribed in Article 21, 24 or 25) has promoted culture or enhanced the national prestige in a field under Article 26 (1) 3, as prescribed by Presidential Decree, he may be transferred to supplemental service upon application. <Newly Inserted by Act No. 9946, Jan. 25 2010>
(11) Notwithstanding paragraph (1) or (4), any assignment for military service may be changed without a physical examination in cases prescribed by Presidential Decree, such as for a disabled person whose disability is clearly distinguishable, etc. <Amended by Act No. 10704, May 24, 2011>
(12) The scope of families referred to in paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 66 (Transfer of Officers, etc. to Supplemental Service, and Cancellation thereof)
(1) Where officers, warrant officers or noncommissioned officers in active or reserve service fall under a cause for disqualification for appointment prescribed by the Military Personnel Management Act and are thus expelled from the army or deprived of their status, they shall be transferred to supplemental service as officers, warrant officers or noncommissioned officers.
(2) Where military surgeons, judicial officers, military chaplains, or veterinary officers in reserve service become disqualified, or their relevant professional licenses are cancelled, they shall be deprived of their status and transferred to supplemental service.
(3) For persons transferred to supplemental service under paragraphs (1) and (2) and for whom the cause of such transfer to supplemental service ceases to exist and who fall under each of the following subparagraphs, the disposition of transfer to supplemental service may be cancelled upon their request. In such cases, the effect of such disposition of cancellation shall not be retroactive:
1. Persons of sound mind;
2. Persons whose conduct is good;
3. Persons whose physical strength is unimpaired (excluding those to be retired or exempted from military service as prescribed in paragraph (4)).
(4) Any person whose transfer to supplemental service has been cancelled under paragraph (3) and whose age did not exceed the age limit prescribed by the Military Personnel Management Act for the rank holding at the time he was transferred to supplemental service, on the day such transfer was cancelled, shall be transferred to reserve service with such rank, but any person who is incapable of performing reserve service due to a mental or physical disorder, or any person whose age exceeds the age limit, shall be retired or exempted from military service.
(5) Matters necessary for the procedures for cancellation of transfer to supplemental service under paragraph (3) and for the transfer to reserve service, etc. under paragraph (4) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 67 (Adjustment of Order in Call for Military Force Mobilization or Call for Wartime Labor to Lower Priority)
(1) The director of a regional military manpower office may adjust an order of call-up for those who are deemed particularly necessary among those to be called for military force mobilization or wartime labor and serving in a State agency or defense enterprise performing the function of national mobilization in wartime to a lower priority, as prescribed by Presidential Decree.
(2) Where any person whose order of call-up is adjusted to a lower priority as prescribed in paragraph (1) has been excluded from those to be reduced to a lower priority by reason of retirement, change of position, etc., the employer (including a person in charge of personnel management on behalf of the employer; hereinafter the same shall apply) shall notify the director of the competent regional military manpower office thereof within 14 days.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 68 (Restrictions on Postponement of Military Service and on Reduction of and Exemption from Liability for Military Service)
No person who has committed a crime as prescribed in Article 86 through 88 or 94, who has walked away from his post after conscription or callup, or who has purposely invoked any cause of postponement or reduction of, or exemption from, the duty of military service, shall be subject to any of the following dispositions: Provided, That this shall not apply to any person who is the sole provider of his family's livelihood, except those who have purposely invoked such cause: <Amended by Act No. 9946, Jan. 25, 2010>
1. Transfer to onboard ship reserve service, public duty personnel service, expert research personnel service, or industrial technical personnel service as prescribed in Article 21-2, 26 (1) 3 or 4, or 36;
2. Postponement of a draft physical examination and conscription or call-up as prescribed in Article 60 (1) 1 and 2 and (2);
3. Transfer to the second citizen service or supplemental service due to family reasons as prescribed in Article 62;
4. Reduction of the service period for active duty servicemen or public duty personnel due to family reasons as prescribed in Article 63.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER IX CHANGE OF RESIDENCE AND OVERSEAS TRAVEL OF PERSONS LIABLE FOR MILITARY SERVICE
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Article 69 (Report, etc. on Change of Residence)
(1) Where any person liable for military service (excluding those in active duty service) changes his place of residence, he shall file a moving-in report within 14 days therefrom under Article 16 of the Resident Registration Act.
(2) The Minister of Public Administration and Security shall notify the Commissioner of the Military Manpower Administration of any change in residence of persons liable for military service under paragraph (1) and other changes in their status to manage the persons liable for military service.
(3) Matters necessary to set procedures for making notifications under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 69-2 (Notification of Military Service Disposition, etc.)
(1) The Commissioner of the Military Manpower Adminstration shall notify the Minister of Public Administration and Security of data on changes in status of persons liable for military service, such as a military service disposition (including changes in such assignment; hereinafter the same shall apply), enlistment, release from military service, and discharge from a call, which are necessary to pigeonhole their resident registration cards.
(2) Necessary matters pertaining to the details, scope of the data notified under paragraph (1) and procedures for furnishing the data shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 70 (Permission for Overseas Travel and Revocation thereof)
(1) A person liable for military service who falls under any of the following subparagraphs shall, whenever he intends to travel abroad, obtain permission from the Commissioner of the Military Manpower Administration:
1. Persons of 25 or more years of age who are in the first citizen service or in supplemental service and have yet to be enlisted;
2. Persons in service or in mandatory service as personnel of onboard ship reserve service or in supplemental service.
(2) The Commissioner of the Military Manpower Administration shall issue a disposition in compliance with the following guidelines against persons prescribed by Presidential Decree, including those who have a record of evasion of, or are currently evading, the draft physical examination or enlistment in the military without justifiable grounds: Provided, That this shall not apply to cases prescribed by Presidential Decree due to an unavoidable reason, such as death of a family member:
1. Where they are subject to permission for travel abroad as prescribed in paragraph (1), such permission shall not be granted;
2. Where they are less than 25 years of age and have yet to be enlisted for the first citizen service or in supplemental service, measures necessary to restrict their travel abroad shall be taken.
(3) Where a person who has obtained permission for travel abroad has difficulties in returning to Korea within the permitted period, he shall obtain permission for the extension of period or further permission for travel abroad from the Commissioner of the Military Manpower Administration within 15 days before the expiry of such period; and where he left Korea before reaching the age of 25, he shall obtain permission for the extension of period or further permission for travel abroad not later than January 15 of the year he reaches the age of 25.
(4) The scope of and procedures for permission for overseas travel or the extension period referred to in paragraphs (1) and (3) shall be prescribed by Presidential Decree.
(5) Where the Commissioner of the Military Manpower Administration has granted permission for travel abroad or permission for the extension of period, he/she shall notify the Minister of Justice thereof.
(6) Where a person who has obtained permission for overseas travel or permission for extending his period of overseas travel pursuant to paragraphs (1) and (3) returns to Korea for the purpose of permanently residing in his homeland and his act falls under any ground prescribed by Presidential Decree, the permission for overseas travel and the permission for extending travel period may be revoked and the duty of military service may be imposed on him.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER X COMPLETION OF MANDATORY MILITARY SERVICE
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Article 71 (Reduction of and Exemption from Liability for Enlistment, etc.)
(1) The liability for a draft physical examination, enlistment for active duty service, or call-up to public duty personnel service shall expire as of the time the relevant person attains 36 years of age, and the exempted persons shall be transferred to the second citizen service: Provided, That persons who fall under any of the following subparagraphs shall be exempted as of the time they attain 38 years of age: <Amended by Act Nos. 9946 & 9955, Jan, 25, 2010; Act No. 10704, May 24, 2011>
1. Persons who evaded or currently evade a draft physical examination, enlistment in active service or call-up to public duty personnel service without justifiable grounds, or whose whereabouts were or are unknown;
1-2. Persons whose enlistment for onboard ship reserve service is cancelled as prescribed in Article 23-4 (1);
2. Persons whose call-up to public duty personnel service is cancelled under Article 33 (5);
3. Persons whose assignment to public health doctors, doctors exclusively in charge of the draft physical examination, international cooperative doctors, public-service advocates, or public quarantine veterinarians is cancelled pursuant to Article 35 (2) or (4), 35-2 (2) or (4), or 35-3 (2) or (4);
4. Persons whose transfer to expert research personnel service or industrial technical personnel service is cancelled under Article 41 (1);
5. Persons who are expunged from the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates under Article 58 (3);
6. Persons whose draft physical examination, enlistment, etc. is postponed for any reason mentioned in Article 60 (1) 2;
7. Persons who are transferred to supplemental service or who are discharged from a call-up to public duty personnel service on any ground mentioned in Article 65 (2);
8. Persons for whom a disposition taken for transfer to supplemental service or for discharge from a call-up to public duty personnel service is revoked pursuant to Article 65 (6);
9. Persons who left Korea or are staying in a foreign country, without obtaining permission as prescribed in Article 70 (1) or (3), or who fail to return to Korea within the permitted period without justifiable grounds;
10. Persons whose exemption from military service or assignment to the second citizen service or supplemental service was made in a false or other dishonest manner, and thus cancelled;
11. Persons who acquired Korean nationality after obtaining permission for restoring their nationality pursuant to Article 9 of the Nationality Act: Provided, That the same shall not apply to those who acquired Korean nationality by naturalization;
12. Persons who have filed for administrative litigation against the Commissioner of the Military Manpower Administration or the director of a regional military manpower office (including the head of a military manpower branch office) after reaching the age of 29 and who have been issued a final ruling that they lost the case.
(2) Any person who is subject to enlistment for active duty service under the proviso to paragraph (1) and is 36 or more years of age may be allowed to serve as public duty personnel. <Amended by Act No. 9946, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 72 (Completion of Mandatory Military Service)
(1) The duty of military service of soldiers enlisted for active, reserve and supplemental services, and of those in the second citizen service, shall be completed by the time they attain 40 years old, and that of officers, warrant officers and noncommissioned officers in reserve and supplemental services, in the year they attain the age limit of their ranks as prescribed by the Military Personnel Management Act.
(2) When the term of military service referred to in paragraph (1) is completed, the officers, warrant officers, and noncommissioned officers shall retire from the service, and the enlisted men shall be exempted from military service.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER XI GUARANTEES OF RIGHTS AND INTERESTS FOR THOSE HAVING FULFILLED MANDATORY MILITARY SERVICE, ETC.
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Article 73 (Guarantee of Reinstatement to School and Recognition of Academic Credits Acquired while in Military Service)
(1) The head of a school equivalent to a high school or higher shall reinstate upon application any student who withdrew temporarily from school and was enlisted in the military through conscription, call-up, or volunteering, or was in onboard ship reserve service or in supplemental service by call-up, etc. (referring to service or mandatory service as public duty personnel, public health doctor, international cooperative doctor, public-service advocate, public quarantine veterinarian, expert research personnel or industrial technical personnel; hereafter the same shall apply in Article 74) to the relevant school, when he has completed the aforementioned service. Even when the enrollment term expires, those who do not impede the educational schedule shall be reinstated to the relevant school upon their application. <Amended by Act Nos. 9946 & 9955, Jan. 25, 2010>
(2) The head of a school under paragraph (1) (excluding a high school or an educational facility accredited for academic attainments equivalent thereto) may, when a person who takes leave from school temporarily for enlistment in active duty service or other military service pursuant to paragraph (1) desires to attend a remote education class through broadcasting, telecommunications, Internet, or any other information network to acquire academic credits, allow such person to enroll in the class, as prescribed by the school regulations.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 74 (Guarantee, etc. of Reinstatement to Former Office)
(1) The head of a State agency or local government, or an employer shall allow any public official, executive or employee under his/her jurisdiction to take a temporary leave from his office, when he is enlisted in the military through conscription, call-up, or volunteering, or in onboard ship reserve service or in supplemental service by call-up, etc. (excluding those in onboard ship reserve service or in supplemental service while holding office in the relevant agency, etc.) and shall have him resume office, when he completes such service: Provided, That when the public official, executive or employee is expelled from office, discharged from military service, or released from the call, for any offense committed on service, this shall not apply. <Amended by Act No. 9946, Jan. 25, 2010>
(2) With respect to those who have taken a temporary leave from their office under paragraph (1), the head of the relevant State agency or local government, or an employer shall include their mandatory service period in their actual working period for promotion and may pay reasonable remuneration to them, within the scope of difference between the remuneration paid by the military unit or agency for which they serve mandatorily, and that paid before they are in onboard ship reserve service or in recruit service by enlistment or call-up, etc.: Provided, That within the limit of period of active duty service in the army, the period to be considered as an actual work period of those who have completed their mandatory service period in onboard ship reserve service or in supplemental service by call-up, etc., shall be prescribed by Presidential Decree. <Amended by Act No. 9946, Jan. 25, 2010>
(3) The head of any State agency or local government, or any employer shall not treat unfavorably any public official, executive or employee in his appointment, employment and promotion, for the reason that he is obliged to perform, is currently performing (limited to those in onboard ship reserve service or in supplemental service while holding their office), or performed military service, such as conscription, call-up, etc. <Amended by Act No. 9946, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 74-2 (Preferential Treatment, etc. in Employment)
(1) Where any person having completed onboard ship reserve service or supplemental service by call-up, etc. (referring to service or mandatory service as public duty personnel, public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public-service advocate, public quarantine veterinarian, expert research personnel or industrial technical personnel rendering services referred to in Article 26 (1) 3 and 4; hereafter the same shall apply in this Article) applies for an employment test, the head of an institution liable for employment support vfvunder Article 30 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall extend the upper age limit to apply for the test within the limit of three years of age, as prescribed by Presidential Decree. <Amended by Act Nos. 9946 & 9955, Jan. 25, 2010; Act No. 10704, May 24, 2011>
(2) Where any person in onboard ship reserve service or in supplemental service applies for an employment test within six months before the scheduled date of completing such service, he shall be deemed to have completed such service. <Amended by Act No. 9946, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 75 (Compensation and Medical Care)
(1) Any bereaved family of a person who has died in a battle or on duty during military service (including cases where a person is conscripted or called, and is being transported in a group under the leadership of a relevant public official), a person who is released or exempted from military service due to a war wound or a wound or disease in the course of his duty, and their family members may receive compensation, as prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran's Compensation. <Amended by Act No. 11042, Sep. 15, 2011>
(2) Any bereaved family of a person who has died while in service as public duty personnel as prescribed in Article 26 (1) 1 and 2 (including persons who have died from a wound or disease in the course of their duty; hereinafter the same shall apply), a person who is discharged from a call (including persons transferred to the second citizen service or exempted from military service) due to a wound (including disease in the course of his duty), and their family members may receive compensation, as prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran's Compensation. <Amended by Act No. 10704, May 24, 2011; Act No. 11042, Sep. 15, 2011>
(3) In cases under paragraph (2), the bereaved family members of persons who have died on duty shall be regarded as those of military personnel and police officers who have died on duty under Article 4 (1) 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or as those of military personnel or police officers who have been killed in a disaster under subparagraph 1 of Article 2 of the Act on Support for Persons Eligible for Veteran's Compensation, and those who have been discharged from a call (including persons transferred to the second citizen service or exempted from military service) due to a wound (including disease in the course of his duty), and their families shall be regarded as military personnel and police officers wounded during service and their families under Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or as military personnel or police officers wounded in a disaster under subparagraph 2 of Article 2 of the Act on Support for Persons Eligible for Veteran's Compensation. <Amended by Act No. 10704, May 24, 2011; Act No. 11042, Sep. 15, 2011>
(4) Any person suffering from a wound or disease in the course of performing his duty as public duty personnel as prescribed in Article 26 (1) 1 and 2 shall be treated in a military medical facility or any other medical facility run by the State, a local government or the private sector at the expense of the State, a local government, public organization, etc., as prescribed by Presidential Decree.
(5) With respect to persons killed or wounded directly due to military education conducted during student military education prescribed in Article 57 (1) or (2), the provisions of paragraphs (1) and (4) shall apply mutatis mutandis.
(6) A person in need of medical treatment which is directly due to physical examination or examination of physical strength prescribed in Articles 11 and 20 (1) may be treated in a military medical facility or any other medical facility run by the State, a local government, or the private sector at the expense of the State, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 75-2 (Compensation for Accident, etc.)
(1) Each person who has died while in service as public duty personnel under Article 26 (1) 1 and 2 (including persons who have died from a wound or disease in the course of their duty) or who has been injured or contracted a disease while on duty shall receive an indemnity for accident, etc.: Provided, That if the person has received the same kind of indemnity from the State, a local government or a public organization prescribed by other Acts and subordinate statutes, the amount of indemnity corresponding thereto shall not be paid.
(2) The indemnity under paragraph (1) shall be borne by the State, local governments or public organizations.
(3) Matters necessary for the amount and payment, etc. of indemnities under paragraphs (1) and (2) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 76 (Sanctions against Persons who have Not Fulfilled Mandatory Military Service)
(1) The head of a State agency or local government, or an employer may not appoint as public official, executive or employee any person falling under any of the following subparagraphs and, if such person is in office, shall dismiss him from office:
1. A person who evades a draft physical examination;
2. A person who evades a conscription or call-up;
3. A person who walks away from his post in the military or his place of service as public duty personnel.
(2) The head of a State agency or local government shall not grant any patent, permission, authorization, license, registration, designation, etc., for various government-authorized, permitted or licensed businesses, to a person falling under any subparagraph of paragraph (1), and if such has already been granted, it shall be revoked.
(3) With respect to persons who have left Korea, or stay in a foreign country, without obtaining permission under Article 70 (1) or (3), or those who fail to return to Korea within the permitted period without justifiable grounds, the provisions of paragraphs (1) and (2) shall apply mutatis mutandis until they attain 40 years of age: Provided, That this shall not apply in cases where they return to Korea and complete their military service.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER XII MILITARY ADMINISTRATION
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Article 77 (Supervision of Military Administration)
(1) The affairs regarding conscription, call-up, and other military administration shall be supervised by the Commissioner of the Military Manpower Administration.
(2) In cases where any order or disposition issued or made by the director of a regional military manpower office is deemed unlawful or unreasonable, the Commissioner of the Military Manpower Administration may suspend or revoke it.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 77-2 (Physical Examination for Confirmation)
(1) The director of each regional military manpower office (including head of military manpower branch office. hereinafter the same shall apply in this Act.) may investigate the fact relevance such as the record of medical examination and details of medical treatment and perform a physical examination of its confirmation, in cases any person falling under each subparagraph has any reason prescribed by Presidential Decree that is deemed to play a trick for the purpose of being exempted from duty of military service.
1. A person who has obtained a military service disposition to be determined at from Grade IV through Grade VII as a disease or a mental handicap by a result of the determination of physical grade under Article 12 (1);
2. A person whose military service determination has been altered or whose military service has been exempted in accordance with Article 65 (1) 1 and (4).
(2) The director of each regional military manpower office shall alter a military service disposition as prescribed by Presidential Decree, if he/she perceives that the military service disposition has been performed falsely by a result of physical examination for its confirmation pursuant to the above paragraph (1).
(3) Necessary items regarding the method and procedure of physical examination for its confirmation shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10704, May 24, 2011]
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Article 78 (Delegation of Military Administrative Affairs)
(1) The authority of the Commissioner of the Military Manpower Administration under Articles 20, 31-2 (2), 34-2 (5), 70 (1) and (3), 81 and 95 may be delegated to the directors of regional military manpower offices, or the heads of the agencies affiliated therewith, as prescribed by Presidential Decree.
(2) Part of the authority held by the directors of regional military manpower offices under this Act may be delegated to the heads of the agencies affiliated therewith, as prescribed by Presidential Decree.
(3) Part of the authority held by the Commissioner of the Military Manpower Administration prescribed in Article 70 (3), and part of the authority held by the directors of regional military manpower offices prescribed in Article 60 (1) 2, may be delegated to the heads of diplomatic missions abroad, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 79 (Travel Expenses, etc. Defrayed out of National Treasury)
(1) Travel expenses incurred by those who undergo a draft physical examination or physical examination for volunteers for active duty service, and who are enlisted for or disqualified from active duty service by conscription, call-up or volunteering, shall be defrayed out of the National Treasury.
(2) Expenses necessary for an entrusted examination under the latter part of Article 11 (4) shall be defrayed out of the National Treasury.
(3) Matters concerning payment of travel expenses under paragraph (1) and expenses for an entrusted examination under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 80 (Cooperation in Military Administration)
(1) The head of a military administrative agency may, if necessary for carrying out his/her duties, request cooperation for the military administration to the head of any State agency or local government, or the head of any agency holding a data processing system and a communication system.
(2) The head of an agency who has received a request under paragraph (1) shall cooperate therewith and shall not refuse it without justifiable grounds.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 81 (Prevention of and Crackdown on Offenses Involving Military Service)
(1) The Commissioner of the Military Manpower Administration may, where he/she deems it necessary to prevent and crack down on offenses involving military service, confirm and check matters concerning the fulfillment of military service by persons liable for military service and collect data necessary to confirm the fact of violating Acts and subordinate statutes governing military service.
(2) The Commissioner of the Military Manpower Administration may ask State agencies, local governments and public institutions to furnish data necessary to confirm matters concerning the fulfillment of military service under paragraph (1), as prescribed by Presidential Decree. In such cases, the head of an institution who has received the request for data shall comply with the request unless special grounds exist to the contrary.
(3) The Commissioner of the Military Manpower Administration may ask employers hiring persons liable for military service to furnish data necessary to confirm the fact of violating Acts and subordinate statutes governing military service under paragraph (1) or question them about facts.
(4) The Commissioner of the Military Manpower Administration shall be prohibited from using any data furnished under paragraphs (2) and (3) for any purpose, other than for preventing and cracking down on offenses involving military service, and supplying any other institution with such data.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 82 Deleted. <by Act No. 6058, Dec. 28, 1999>
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Article 82-2 Deleted. <by Act No. 6749, Dec. 5, 2002>
CHAPTER XIII EXCEPTIONS IN WARTIME
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Article 83 (Exceptions in Wartime)
(1) 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 take each of the following measures, and where needed for national defense, only the measures referred to in subparagraph 6 may be taken: <Amended by Act No. 9955, Jan. 25, 2010>
1. Extension of the period of active duty service under Article 18 (2);
2. Suspension of transfer of those to be called to full-time reserve service under Article 21 to other service, and transfer of those called to full-time reserve service to active duty service;
3. Enrollment of those who completed onboard ship reserve service under Article 23-2 but have not attained the age of 40 on the military register of officers or noncommissioned officers in reserve service;
4. Suspension or cancelation of the secondment to a guard of a correctional institution, a member of the riot police units and a member of the obligatory fire-fighting units under Articles 24 and 25;
5. Suspension of assignment to public health doctor service, international cooperative doctor service, or public-service advocate service, or public quarantine veterinarian service under Articles 34, 34-6, or 34-7, and conversion of them into those subject to a call for military force mobilization (referring to conversion to those to be called for wartime labor for persons who have not been called for education as prescribed in Article 55 (3));
6. Enrollment of persons of 40 or less years of age, out of those who have completed the mandatory service period at key industrial enterprises under Article 38 (1) 1 as industrial technical personnel in the field of fishery or marine transportation, on the military register of officers or noncommissioned officers in reserve service;
7. Enrollment of those who are qualified for the medical, judicial, religious, or veterinary field under the subparagraphs of Article 58 (1) and are 40 or less years of age, on the military register of officers in reserve service;
8. Suspension of changes in assignment of military service and expungement from the military register under Articles 65 and 66 (1);
9. Extension of the mandatory service period of soldiers in active, reserve, and supplemental services, and those in the second citizen service under Article 72 (1), up to 45 years of age.
(2) 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 take each of the following measures:
1. Act of changing the service method of a written notice on imposition of mandatory military service under Article 6 to a method of public notice through newspapers, television or radio;
2. Change of the age for a draft physical examination under Article 11 (1);
3. Conversion (referring to conversion to those to be called for wartime labor of persons who have not been called for education as prescribed in Article 55 (3)) of persons in supplemental service under Article 14 (1) 1, and those in supplemental service as expert research personnel or industrial technical personnel under Article 36, who have not been called for military education under Article 55, to those subject to enlistment for active duty service; and conversion of persons who have completed a call for education under Article 55 to those to be called for military force mobilization;
4. Suspension of a call or transfer to public duty personnel service, expert research personnel service or industrial technical personnel service as prescribed in Articles 26 and 36;
5. Suspension of the postponement of a draft physical examination and a conscription or call-up, as prescribed in Article 60 (1) or (2);
6. Restriction on postponement of the date for fulfillment of the duty under Article 61 (1);
7. Reduction of the period of reporting any change in place of residence as prescribed in Article 69, to seven days;
8. Change of persons aged between 18 and 45 in reserve service, supplemental service, the first citizen service and the second citizen service to those under obligation to obtain permission for overseas travel;
9. Extension of the liability for a draft physical examination and enlistment for active duty service as prescribed in Article 71 (1), to up to 35 years of age;
10. Issuance of an order to return to Korea to persons liable for military service who reside in foreign countries;
11. Revocation of the permission for overseas travel granted prior to the proclamation of wartime, an incident or an order for military force mobilization.
(3) In time of war or emergency, or in the event that an order for military force mobilization is issued, the director of a regional military manpower offices may request a Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor or Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and the head of a Si/Gun/Gu to cooperate in performing each of the following wartime support tasks, and the Mayor/Do Governor and the head of a Si/Gun/Gu who have received such request shall give priority to such cooperation:
1. Delivery of notices of a call for military force mobilization and notices of a call for wartime labor, and reporting on the delivery of such notices;
2. Encouragement of persons subject to a call for military force mobilization and a call for wartime labor to enter military service;
3. Assistance in tipping off, hunting down and cracking down dodgers of a call for military force mobilization and a call for wartime labor;
4. Assistance in the provision of vehicles, foodstuffs and accommodation facilities, etc. for mobilized military forces;
5. Other tasks requested by the directors of regional military manpower offices in connection with the mobilization of military forces.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 83-2 (Committees for Prevention of Military Service Offenders)
(1) In time of war or emergency, or in the event that an order for military force mobilization is issued, the Central Committee for the Prevention of Military Service Offenders shall be established under the Military Manpower Administration and a local committee for the prevention of military service offenders shall be established in a Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province, in order to deliberate on each of the following matters in connection with the prevention and crackdown of military service dodgers who commit any of the offenses provided for in Articles 84 through 89, 89-2, 89-3, 90 through 92, 92-2, 93 and 94, the missing, and other offenders in connection with military service:
1. Prevention of and crackdown on dodging and evasion of military service;
2. Investigation and administration of the missing among persons liable for military service;
3. Crackdown and check on the violation of transfer and mandatory service by expert research personnel and industrial technical personnel;
4. Crackdown and guidance on the violation of employment ban and the guarantee of reemployment, etc.;
5. Matters concerning the registration of family relationship and the resident registration that are concerned with the obligation of military service;
6. Other matters concerning the prevention of and crackdown on military service offenders.
(2) The head of a State agency or local government or an employer shall actively cooperate with activities by the committees for the prevention of military service offenders at various levels under paragraph (1).
(3) Necessary matters concerning the composition and operation of the committees for the prevention of military service offenders referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 83-3 (Duty to Carry Military Service Certificate and Certificate of Discharge from Military Service)
Every person liable for military service shall carry a military service certificate or certificate of discharge from military service with him during a war or a civil war, or when a mobilization order is issued.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
CHAPTER XIV PENAL PROVISIONS
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Article 84 (Failure to Notify Changes in Status, etc.)
(1) In any of the following cases, the relevant person shall be punished by imprisonment for not more than six months or by a fine not exceeding 20 million won: <Amended by Act No. 9946, Jan. 25, 2010>
1. Where an employer fails to make notification on changes in status under Article 23-3, 40 or 67 (2) without justifiable grounds, or makes false notification;
2. Where the head of a public organization or head of a social welfare facility fails to make notification under Article 32 (1) or (2) without justifiable grounds, or makes false notification.
(2) Any person who fails to make a move-in report under Article 69 (1) without justifiable grounds or makes a false move-in report shall be punished by a fine not exceeding two million won or with penal detention.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 85 (Refusal to Receive, and Negligence of Duty to Deliver, Written Notice)
Where a person under obligation to receive or deliver a written notice imposing military service under Article 6 refuses to receive it, fails to deliver it, or delays in the delivery thereof, without justifiable grounds, he/she shall be punished by imprisonment for not more than six months or by a fine not exceeding one million won.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 86 (Desertion, Body Injury, etc.)
Any person who deserts, absconds, or injures his body or commits a deceitful act, with the intention of evading military service or having military service reduced or exempted, shall be punished by imprisonment for not less than one year, but not more than five years.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 87 (Evasion, etc. of Draft Physical Examination)
(1) Any person who undergoes a draft physical examination or physical examination on behalf of a person liable for the draft physical examination or physical examination shall be punished by imprisonment for not less than one year, but not more than three years.
(2) Any person who violates Article 11-2 (2) shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won.
(3) Any person who receives a notice of draft physical examination or physical examination and fails to undergo such draft physical examination or physical examination on the designated date without justifiable grounds, shall be punished by imprisonment for not more than six months.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 88 (Evasion, etc. of Enlistment)
(1) Any person who has received a notice of enlistment for active duty service or a notice of call (including a notice of enlistment through recruitment) and fails to enlist in the military or to comply with the call, even after the expiration of the following report period from the date of enlistment or call without justifiable grounds, shall be punished by imprisonment for not more than three years: Provided, That where a person who has received a notice of check-up to provide a call for wartime labor under Article 53 (2) is absent from the check-up at the designated date and time without justifiable grounds, he shall be punished by imprisonment for not more than six months, or by a fine not exceeding two million won, or with penal detention:
1. Three days for enlistment for active duty service;
2. Three days for a call-up to public duty personnel service;
3. Three days for a call for education;
4. Two days for a call for military force mobilization and a call for wartime labor.
(2) Any person who enlists in the military or complies with a call, in place of the person to be enlisted or called after receiving the notice referred to in paragraph (1), shall be punished by imprisonment for not less than one year, but not more than three years: Provided, That any person who attends a check-up in place of the person under obligation to pass a check-up for a call for wartime labor under Article 53 (2) shall be punished by imprisonment for not more than one year.
(3) Any person who violates Article 20-3 (2) shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 89 (Proxy Service of Public Duty Personnel)
Any person who serves by proxy for one of the public duty personnel shall be punished by imprisonment for not less than one year, but not more than three years.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 89-2 (Desertion from Place of Service by Public Duty Personnel, etc.)
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years: <Amended by Act No. 9955, Jan. 25, 2010>
1. Public duty personnel who have deserted from their place of service or have failed to serve in the relevant field for eight or more days in total without justifiable grounds;
2. Public health doctors, doctors exclusively in charge of the draft physical examination or international cooperative doctors who have left their service area, or have failed to perform their duties in the relevant field for eight or more days in total, without justifiable grounds;
3. Public-service advocates who have deserted from their place of service, or have failed to perform their duties in the relevant field for eight or more days in total, without justifiable grounds;
4. Public quarantine veterinarians who have left their assigned institution or service area, or have failed to perform their duties in the relevant field for eight or more days in total, without justifiable grounds;
5. Expert research personnel or industrial technical personnel whose transfer has been cancelled because they did not engage in the relevant field at a designated entity as at the time of transfer under subparagraph 2 of Article 40, or whose transfer has been cancelled because they were absent from work without permission for eight or more days in total during the mandatory service period under subparagraph 3 of Article 40.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 89-3 (Violation of Service Obligation by Public Duty Personnel)
Where public duty personnel falls under any of each subparagraph, they shall be punished by imprisonment for not more than one year. <Amended by Act No. 10704, May 24, 2011>
1. Where warnings of four or more times in total due to a reason falling under any of Article 33 (1) 1 through 4 have been received;
2. Where warnings of eight or more times in total such as being present later than daily start working time, early leaving from work without notice, or deserted from work place without justifiable grounds among reasons falling under any of Article 33 (1) 5 have been received.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 90 (Evasion of Call for Military Force Mobilization)
(1) Any person who has received a notice of call for military force mobilization, but fails to enlist in the military or to attend a check-up at the designated date and time, without justifiable grounds, shall be punished by imprisonment for not more than six months, or by a fine not exceeding two million won, or with penal detention.
(2) Any person who enlists in the military or attends a check-up in place of the person to be enlisted or to attend the check-up after receiving a notice of call for military force mobilization, shall be punished by imprisonment for not more than one year.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 91 (Issuance of False Certificates, etc.)
Any public official, doctor or dentist who issues any false document, certificate or medical certificate, with the intention of postponing or exempting from duty of military service, or shortening the service period as prescribed by this Act, of any person liable for military service, shall be punished by imprisonment for not less than one year, but not more than ten years. In such cases, suspension of the license for not more than ten years may be imposed concurrently.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 92 (Violation, etc. of Transfer or Liability for Engagement of Expert Research Personnel, etc.)
(1) Where an employer enlists or transfers anyone who is a relative by blood within the fourth degree of relationship with the representative director of the designated entity in or to such entity as expert research personnel or industrial technical personnel in violation of Article 38-2, and where an employer fails to get any expert research personnel or industrial technical personnel in mandatory service to work for the designated entity in the relevant field in violation of Article 39 (3), such employer shall be punished by a fine of not less than two million, but not more than 20 million won.
(2) Where an employer or a person in charge of the affairs concerning national certification of skills or licensing commits any offense in connection with the adjustment to a lower priority in a call for military force mobilization or call for wartime labor under Article 67, he/she shall be punished by imprisonment for not more than three years.
(3) Where an employer commits a fraudulent act, such as receiving a request for a job for a certain person in his/her enterprise to be transferred to expert research personnel service or industrial technical personnel service under Article 36 and accordingly obtaining money or articles or acquiring financial gains in return, etc., he/she shall be punished by imprisonment for not more than three years.
(4) Where a person, other than an employer, commits a fraudulent act, such as receiving a request to arrange a certain person to be employed at a designated entity so that such person may be transferred to expert research personnel service or industrial technical personnel service under Article 36 and accordingly obtaining money or articles or acquiring financial gains in return, etc., he/she shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won.
(5) A person who has offered money or articles or financial gains under paragraphs (3) and (4) shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.
(6) The money or articles or financial gains obtained as prescribed in paragraphs (3) and (4) shall be seized. Where such is not seizable, a corresponding amount shall be collected instead.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 92-2 (Violation of Service Management by Service Institutions)
Where the head of a public organization or head of a social welfare facility (including the representative of a juristic person) orders public duty personnel under Article 26 (1) 1 and 2 to engage in a field, other than that for the public good, he/she shall be punished by imprisonment for not more than six months or by a fine not exceeding 20 million won.
[This Article Newly Inserted by Act No. 9754, Jun. 9, 2009]
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Article 93 (Violation, etc. of Prohibition against Employment and Guarantee of Reinstatement)
(1) Where an employer hires as an executive or employee, any person who fails to fulfill the duty of military service, or fails to dismiss such person in office from his office, in violation of Article 76 (1) or (3), he/she shall be punished by imprisonment for not more than six months, or by a fine of not less than two million won, but not more than 20 million won.
(2) Where the head of a school or an employer refuses a reinstatement to school or resumption of office without justifiable grounds, in violation of Article 73 or 74 (1), he/she shall also be punished by the same penalty as prescribed in paragraph (1).
(3) Where an employer fails to include the mandatory service period in the actual service period, or treats unfavorably any person for the reason that he is obliged to perform, is currently performing (limited to those in supplemental service while holding their office), or performed military service, by conscription, call-up, etc., he/she shall be punished by a fine of not less than three million won, but not more than 30 million won.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 94 (Violation of Duty to Obtain Permission for Overseas Travel)
Persons who have left Korea or stay in a foreign country without obtaining permission as prescribed in Article 70 (1) or (3), or who fail to return to Korea within the permitted period without justifiable grounds (including those who fail to return to Korea in violation of an order to return to Korea under Article 83 (2) 10), shall be punished by imprisonment for not more than three years.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 95 (Fines for Negligence)
(1) When an employer fails to comply with a request to furnish data or respond to a question under Article 81 (3) without justifiable grounds, he/she shall be punished by a fine for negligence not exceeding three million won.
(2) Fines for negligence under paragraph (2) shall be imposed and collected by the Commissioner of the Military Manpower Administration, as prescribed by Presidential Decree.
(3) Where a person on whom a fine for negligence has been imposed does not pay a fine for negligence without filing an objection as prescribed by the Act on the Regulation of Violations of Public Order, the Commissioner of the Military Manpower Administration shall entrust the head of the competent district tax office with the collection thereof.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 96 (Joint Penal Provisions)
Where an employer, head of a public organization or social welfare facility falls under any of the following subparagraphs in connection with the duties of a juristic person, such juristic person shall be punished by a fine of not less than three million won, but not more than 30 million won in addition to the punishment of the violator: Provided, That in cases where such juristic person has not been negligent in giving due attention and supervision concerning the relevant duties in order to prevent such violation, this shall not apply:
1. Where an employer violates Article 84 (1) 1, 92 (1) through (3), or 93;
2. Where the head of a public organization or social welfare facility violates Article 84 (1) 2 or 92-2.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
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Article 97 (Aggravation of Penalty in Wartime, etc.)
With respect to persons who commit any offense as prescribed by this Act, in time of war or emergency, or in the event that an order for military force mobilization is issued, the penalties prescribed in the respective Articles shall be aggravated at least by one-half of the prescribed maximum penalty.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994: Provided, That a draft physical examination conducted in the residence under Article 11 and a call-up to public duty personnel service under Article 29 shall enter into force on January 1, 1995. In such cases, the draft physical examination to be conducted by December 31, 1994 shall be governed by the previous Article 11 (excluding paragraph (3)).
Article 2 (Repealed Acts)
(1) The Act on the Regulation of Special Cases of Compulsory Military Service (hereinafter referred to as the "Special Case Regulation Act") is hereby repealed.
(2) The Presidential Decree and the Ordinance of the Ministry of National Defense which were enacted by the Special Case Regulation Act to be repealed under paragraph (1) and the previous Military Service Act shall continue in force until the Presidential Decree and the Ordinance of the Ministry of National Defense under this Act are enacted, unless they are contrary to this Act.
Article 3 (Transitional Measures concerning Supplemental Service)
Supplemental service subject to the previous provisions as at the time this Act enters into force shall be deemed supplemental service under this Act: Provided, That persons transferred to the second citizen service under Articles 4 (3) and 11 of the Addenda shall be excluded herefrom.
Article 4 (Transitional Measures concerning Issuance of Defense Call of Those in Supplemental Service)
(1) For those to be called for defense pursuant to the previous provisions as at the time this Act enters into force (including those who underwent a draft physical examination prior to December 31, 1993, and whose assignment for military service was changed to supplemental service from January 1, 1994 to December 31, 1994), such defense call shall be issued pursuant to the previous provisions by December 31, 1994, but those not called up by that time shall be called up as public duty personnel to serve for one year and six months: Provided, That for those who were born before December 31, 1972, and fall under the previous Article 54 (1) 2 or 3, the service period of the defense call or as public duty personnel may be reduced upon application to six months.
(2) Those to be enlisted for active duty service who reside in any vulnerable area, such as a coastal area, etc. where the penetration of an enemy or an armed communist guerrilla is anticipated, or an agrarian or fishing village, may be transferred to supplemental service pursuant to the previous provisions by December 31, 1994, to issue a defense call.
(3) Where persons who have been called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons subject to a defense call or who are called for it under paragraph (1) or (2) fall under Article 62 (1) 1 or 65 (1) 3, they may be transferred to the second citizen service.
(4) Matters concerning the reduction, exemption, etc. of military service of persons who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons subject to a defense call or persons who are called for it under paragraph (1) or (2), shall be governed by the previous Articles 55 (3), 57 (1) (excluding subparagraph 3), 58, 60, and Article 55 (2) of the Military Service Act in force before February 1, 1991 (limited to those who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and those who were called for defense and are in service under paragraph (1) or (2), who are born before December 31, 1972).
(5) The service of persons who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons who were called for defense and are in service under paragraph (1) or (2), shall be governed by the previous provisions, but the number of days during which they are confined in a military detention facility shall be included in their service period.
(6) The compensation and medical care for persons who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons who were called for defense and are in service under paragraph (1) or (2), shall be governed by the previous Article 65 (1) and (2).
(7) With respect to the age of exemption from duty of call-up for persons subject to a defense call under the previous provisions, but who evade the call without justifiable grounds, as at the time this Act enters into force, and persons who evade a defense call under paragraph (1) or (2) without justifiable grounds, the provisions of Article 71 (1) 1 shall apply mutatis mutandis.
Article 5 (Transitional Measures concerning Special Supplemental Service, etc.)
(1) Persons who were transferred to, and serve in, special supplemental service as research or skilled personnel pursuant to the previous Special Case Regulation Act as at the time this Act enters into force shall be deemed expert research personnel or industrial technical personnel under Article 36.
(2) Notwithstanding the provisions of Article 36, those to be called for defense under Article 4 (1) of the Addenda may be transferred to expert research personnel service or industrial technical personnel service by December 31, 1994.
(3) A defense call of persons who are serving as expert research personnel or industrial technical personnel as at the time this Act enters into force, or as expert research personnel or industrial technical personnel transferred under paragraph (2), but whose transfer is cancelled by December 31, 1994, shall be governed by the provisions of Article 4 of the Addenda.
(4) Any change of assignment, transfer to special supplemental service, enrollment on the military register of officers, etc. in reserve service, or service, of those to whom apply the provisions of Article 4, 5, 6, 7, 9 or 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157), as at the time this Act enters into force, shall be governed by the provisions of the Military Service Act or the Act on Special Measures for Special Cases concerning Compulsory Military Service for Certain Graduates, etc. of Postgraduate Schools, which was in force before April 1, 1990.
(5) Notwithstanding the provisions of paragraph (4), the service period of art or athletic meritocrats referred to in paragraph (4), who have been or are transferred to special supplemental service, shall be the period of mandatory service of public duty personnel as prescribed in Article 26 (1) 3.
(6) Notwithstanding the provisions of paragraph (1) and Article 34, persons referred to in paragraph (4) who have been or are enrolled on the military register of officers in medical reserve service may serve as public health or international cooperative doctors.
(7) Notwithstanding the provisions of Article 71, if persons falling under paragraph (4) (excluding those to whom the provisions of Article 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157) apply) fall under Article 43 (3), 46 (2) or 51 (2) of the Military Service Act in force before April 1, 1990, they may be enlisted for active duty service, or called to public duty personnel service: Provided, That persons subject to a defense call shall be called for defense under Article 4 of the Addenda, until December 31, 1994.
(8) Where a person to whom the provisions of Article 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157) apply falls under Articles 43 (3), 46 (2) or 51 (2) of the Military Service Act in force before April 1, 1990, he shall be enlisted for active duty service, or called for defense, under the said Military Service Act, but persons not subject to enlistment in active duty service on or after January 1, 1995 shall be called to public duty personnel service. In such cases, the call for defense shall be governed by the provisions of Article 4 of the Addenda.
(9) Any person who has received military education under Article 16 of the previous Special Case Regulation Act as at the time this Act enters into force shall be deemed to have called for education under this Act.
Article 6 (Transitional Measures concerning Those Subject to Call for Military Force Mobilization)
Those who were called for defense and are in service or have completed such service pursuant to the previous provisions, and those who were called for defense and are in service, or have completed such service under Article 4 (1) or (2) of the Addenda, as at the time this Act enters into force, shall be deemed those subject to a call for military force mobilization under this Act.
Article 7 (Transitional Measures concerning Persons Subject to Call for Military Education)
Any person falling under any of the following subparagraphs shall be deemed subject to be called for wartime labor or military education under Articles 53 and 55 (1):
1. A person transferred to the second citizen service under Article 4 (3) of the Addenda;
2. A person transferred to the second citizen service under Article 11 of the Addenda;
3. A person exempted from a defense call under the previous Article 58 (2).
Article 8 (Transitional Measures concerning Shortening of Service Period of Those who have Received Student Military Education)
Notwithstanding the provisions of Article 57 (1), the shortening of the service period of defense servicemen who are students attending a high school or higher and have received military education, as at the time this Act enters into force, shall be governed by the previous provisions.
Article 9 (Transitional Measures concerning Service Period of Officers, etc. in Medical, Judicial and Religious Services)
The service period of those enrolled on the military register of officers in active duty service in the field of medical, judicial or religious affairs, or in that of cadet officers in special branches of the army and in that of officers in active duty service in basic branches of the army, under the previous Article 50, as at the time this Act enters into force, shall be governed by the previous provisions.
Article 10 (Transitional Measures concerning Those Expunged from Military Register of Cadet Officers in Special Branches of Army)
A defense call of those expunged from the military register of cadet officers in special branches of the army, as at the time this Act enters into force, shall be governed by the provisions of Article 4 of the Addenda until December 31, 1994, notwithstanding the provisions of Article 58 (3).
Article 11 (Transitional Measures concerning Transfer of Those Transferred to Supplemental Service due to Family Reasons, to Second Citizen Service, etc.)
Those transferred to supplemental service and those in supplemental service who are exempted or released from a call for defense under the previous Article 54 (1) 1 or 57 (1) 3, as at the time this Act enters into force, shall be deemed to have been transferred to the second citizen service under Article 62 (1) 1 or 65 (1)3.
Article 12 (Transitional Measures concerning Reduction, etc. of Service Period due to Family Reasons)
The reduction of or exemption from military service for those who fall under the previous Article 54 (1) 2 or 3, shall be classified as follows:
1. For persons born before December 31, 1972, the period of active duty service (including the service as prescribed in Articles 21, 24 and 25), or service as public duty personnel, may be reduced to six months, notwithstanding the provisions of Article 63 and previous Article 55 (2);
2. For persons born before December 31, 1974, the provisions of previous Articles 54 and 55 (2) shall apply, notwithstanding the provisions of Articles 62 (1) and 63 (2);
3. For persons transferred under Article 5 or 6 of the previous Special Case Regulation Act as at the time this Act enters into force, the provisions of Article 7 (2) of the previous Special Case Regulation Act shall apply.
Article 13 (Transitional Measures concerning Report on Overseas Travel)
Those who have completed service of a defense call and those who are exempted from a defense call as at the time this Act enters into force, and those who have completed service of a defense call and those who are exempted from a defense call under Article 4 of the Addenda, shall be deemed subject to report overseas travel under this Act.
Article 14 (Transitional Measures concerning Deliberative Committee of Special Cases on Military Service, etc.)
The Committee for Deliberation on Special Cases of Military Service under Article 9 of the previous Special Case Regulation Act as at the time this Act enters into force shall remain in force until the Military Affairs Deliberative Committee under this Act is organized, and any act performed by this Committee until that time shall be deemed an act performed by the Military Affairs Deliberative Committee under this Act.
Article 15 (Transitional Measures concerning Administrative Dispositions, etc.)
Any disposition of military service taken by the Commissioner of the Military Manpower Administration, director of a regional military manpower office, etc., other acts by any administrative agency, various applications, or other acts in relation to administrative agencies, pursuant to the previous provisions or under the previous Special Case Regulation Act as at the time this Act enters into force, shall be deemed corresponding acts by or in relation to administrative agencies under this Act.
Article 16 (Transitional Measures concerning Penal Provisions)
(1) Any offense in violation of the Military Service Act or the Special Case Regulation Act before this Act enters into force, shall be governed by the penal provisions of the previous Military Service Act or the Special Case Regulation Act: Provided, That any person who violates the duty to report as prescribed in Article 73 (1) of the previous Military Service Act shall be governed by the provisions of Article 84 (1).
(2) Notwithstanding the provisions of Article 88 (1), any act evading enlistment by a call for defense under Article 4 (1) or (2) of the Addenda, shall be governed by the previous penal provisions.
Article 17 Omitted.
Article 18 (Transitional Measures following Amendment to other Acts)
(1) Notwithstanding the amended provisions of Article 3 (3) of the Establishment of Riot Police Units Act, the previous provisions shall apply to persons to be called for defense until December 31, 1994.
(2) Notwithstanding the amended provisions of Article 2 (1) of the Military Personnel Remuneration Act, the previous provisions shall apply to persons called for defense.
(3) Notwithstanding the amended provisions of Articles 4 (1) 4 and 5 (5) of the Act on the Honorable Treatment of Persons, etc. of Distinguished Services to the State, the previous provisions shall apply to persons who are released or are to be released from a defense call, or persons called for defense.
Article 19 (Relationship with other Acts and Subordinate Statutes)
In cases where the provisions of the previous Military Service Act or the Special Case Regulation Act are cited or applied mutatis mutandis in other Acts and subordinate statutes as at the time this Act enters into force, if this Act includes provisions corresponding thereto, this Act or the corresponding provisions of this Act shall be deemed cited or applied mutatis mutandis in place of the previous provisions, respectively.
ADDENDA <Act No. 4840, Dec. 31, 1994>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1995: Provided, That the amended provisions of Article 79 (2) shall enter into force on January 1, 1996.
(2) (Transitional Measures concerning Cancellation, etc. of Assignment to Public Health Doctors) The cancellation of assignment to, enlistment for active duty service of, or call-up to public duty personnel service of, public health doctors falling under Article 35 (1) 3 as at the time this Act enters into force, shall be governed by the previous provisions.
(3) (Transitional Measures concerning Service Period of Public-Service Advocates) The service period of persons who were enrolled on the military register of cadet officers in special branches of the army in the field of judicial affairs prior to December 31, 1993, and who have been transferred to public-service advocates without being enrolled on the military register of officers in active duty service in the field of judicial affairs, shall be the same period as those who were enrolled on the military register of cadet officers in special branches of the army in the field of judicial affairs prior to December 31, 1993, and are enrolled on the military register of officers in active duty service in the field of judicial affairs. In such cases, the period of a call for military education prescribed in Article 55 (1) and the period of a call for education on duties prescribed by the Public-Service Advocates Act, shall be included in the period of service.
(4) (Transitional Measures concerning Service Period of Officers Having Completed Courses for Student Officer Candidates) The service period of officers or noncommissioned officers who have completed courses for student officer candidates as prescribed in Article 57 and who are in service, and those who are in the said courses, as at the time this Act enters into force, shall be governed by the previous provisions.
(5) (Transitional Measures concerning Transfer of Officers, etc. to Supplemental Service) Officers, warrant officers or noncommissioned officers transferred to supplemental service pursuant to the previous provisions as at the time this Act enters into force, and whose transfer to supplemental service is not cancelled under Article 66 (3) through (5), shall be deemed to have been enlisted as officers, warrant officers or noncommissioned officers in supplemental service under the amended provisions of Article 66 (1). This shall also apply to officers, warrant officers or noncommissioned officers transferred to supplemental service pursuant to the previous provisions and whose transfer to supplemental service is not cancelled due to their deaths.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall, within thirty days after its promulgation, enter into force on the enforcement date of the Presidential Decree relating to organization of the Ministry of Maritime Affairs and Fisheries, and the National Maritime Police Agency.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5161, Aug. 16, 1996>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Compensation, etc.) Any bereaved families of persons who have died while serving as public duty personnel as prescribed in Article 26 (1) 1, and persons transferred to the second citizen service or exempted from military service due to a wound or disease in the course of their duty, before this Act enters into force, and their families shall receive an indemnity under the amended provisions of Articles 75 and 75-2.
ADDENDA <Act No. 5271, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 1997.
Article 2 (Examples of Application )
The amended provisions of Article 41 (4) shall apply firstly in cases where the cause for cancellation of the transfer to service as technical research or skilled industrial personnel occurs.
Article 3 (Transitional Measures on Selection of Persons Subject to be Called for Full Time Reserve Service)
Any persons who have applied as persons to be called for the full time reserve service prior to entry into force of this Act, shall be selected as persons to be called the for full time reserve service pursuant to the previous provisions.
Article 4 (Transitional Measures on Selection of Designated Enterprises)
Any research institutions, key enterprises and defense enterprises which have been selected as the designated enterprises pursuant to the previous provisions at the time of entry into force of this Act, shall be deemed to have been selected as the designated enterprises pursuant to this Act.
Article 5 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5757, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 6, 9, 10, 11 (1) and 69 shall enter into force on July 1, 1999.
Article 2 (Applicability)
(1) Any disposition taken to warn a person who has failed to follow a lawful order for service issued under Article 33 (1) shall apply to cases where the cause for warning accrues on or after January 1, 1999 and any person who falls under a cause for canceling his service as public duty personnel under the previous provisions of Article 33 (1) 4 before December 31, 1998 shall be governed by the previous provisions, notwithstanding the amended provisions of Article 33 (1).
(2) The amended provisions of Article 71 (1) 6 through 8 shall apply to persons who were born on or after January 1, 1969.
Article 3 (Transitional Measures concerning Call, etc. to Public Duty Personnel)
Public duty personnel under the previous provisions of Article 26 (1) 2 as at the time this Act enters into force shall be called up by December 31, 2000 and the call, service and the cancellation of the call, etc. shall be governed by the previous provisions.
Article 4 (Transitional Measures concerning Transfer of Medical Reserve Officers to Doctors Exclusively in Charge of Draft Physical Examination)
Persons to whom the provisions of Article 5 (4) and (6) of the Addenda to the amended Military Service Act (Act No. 4685) are applicable as at the time this Act enters into force, may be assigned to serve as doctors exclusively in charge of the draft physical examination, notwithstanding the amended provisions of Article 34.
Article 5 (Transitional Measures concerning Administrative Dispositions, etc.)
Military service dispositions taken by the Commissioner of the Military Manpower Administration and directors of regional military manpower offices, etc., acts performed by administrative agencies, various applications made, or acts performed in relation to administrative agencies pursuant to the previous provisions as at the time this Act enters into force shall be deemed acts performed by or in relation to corresponding administrative agencies under this Act, respectively.
Article 6 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
The application of penal provisions and fines for negligence to acts performed before this Act enters into force shall be governed by the previous provisions.
Article 7 Omitted.
Article 8 (Relationship with other Acts and Subordinate Statutes)
Where any provision of the previous Military Service Act is cited or applied mutatis mutandis in other Acts and subordinate statutes as at the time this Act enters into force, the corresponding provision, if any, of this Act shall be deemed cited or applied mutatis mutandis in lieu of the previous provision.
ADDENDA <Act No. 5758, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2000.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 6058, Dec. 28, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 7 (1), 36 (5), 70 (1), (2) and (5), 78 (1) and (2), 83 (2) 7, and 84 shall enter into force on January 1, 2000.
(2) (Transitional Measures concerning Administrative Dispositions, etc.) Any military service dispositions taken, orders issued, or other actions taken by the head of a military manpower branch office, or applications or reports made or actions taken in relation to the Commissioner of the Military Manpower Administration under the previous provisions as at the time this Act enters into force shall be deemed actions, etc. taken by or in relation to the director of a regional military manpower office, respectively.
(3) (Transitional Measures concerning Penal Provisions) The application of penal provisions to any act performed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 6287, Dec. 26, 2000>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amendments to Articles 2 (1) 9, 26 (1) 4 and (2), 27 (2), 28 (1), 29 (1) 2, 31 (7) and (8), 32 (4) and (5), and 33 (2) and (5), subparagraph 1 of Article 68, and Article 71 (1) 2 shall enter into force on January 1, 2001.
(2) Omitted.
(3) (Transitional Measures concerning Dispositions, etc.) At the time when this Act enters into force, actions taken by administrative agencies such as decision or transfer, or those taken toward administrative agencies such as request for assignment or recommendation under the previous provisions, shall be deemed to be actions taken by or toward administrative agencies under this Act.
ADDENDA <Act No. 6290, Dec. 26, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6502, Aug. 14, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 6547, Dec. 29, 2001>
This Act shall enter into force on July 1, 2002.
ADDENDUM <Act No. 6749, Dec. 5, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6809, Dec. 26, 2002>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 6972, Sep. 3, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 37 shall enter into force on the date of its promulgation and the amended provisions of Articles 18 (2), 19 (1), 30 (1) and 39 (1) shall enter into force on October 1, 2003.
Article 2 (Applicability concerning Physical Examination for Volunteers for Active Duty Service)
The amended provisions of Articles 11 (5), 12 (1) and (3), 13 (1) and 14 (1) shall apply to a physical examination for volunteers for active duty service conducted on or after the date this Act enters into force.
Article 3 (Applicability concerning Active Duty Servicemen, etc. Discharged from Military Service following Physical Examination for Service)
The amended provisions of Articles 17 and 58 (5) and (6) shall apply to any person who undergoes a physical examination conducted by the commanding officer of the military unit on or after the date this Act enters into force.
Article 4 (Applicability concerning Service Period, etc. of Active Duty Servicemen, etc.)
The service period or the mandatory service period of active duty servicemen, public duty personnel, expert research personnel and industrial technical personnel provided for in the amended provisions of Articles 18 (2), 19 (1), 30 (1) and 39 (1) shall apply to persons who are enlisted, called up or transferred on or after October 1, 2003.
Article 5 (Applicability concerning Transfer, etc. of Expert Research Personnel, etc.)
The amended provisions of Article 38-2 shall apply to persons who intend to be transferred, or change their role, to expert research personnel or industrial technical personnel on or after the date this Act enters into force.
Article 6 (Special Cases concerning Service Period, etc. of Active Duty Servicemen, etc.)
Efforts shall be made to reduce the period of service and the period of mandatory service of persons enlisted in, called up, or transferred to the military forces on or before September 30, 2003 in view of the amended provisions of Articles 18 (2), 19 (1), 30 (1) and 39 (1) and the supply and demand of military personnel, and the specific service period and mandatory service period so reduced for each time of enlistment of those in active duty service shall be determined by the Minister of National Defense while those of public duty personnel, expert research personnel and industrial technical personnel shall be determined by the Minister of National Defense at the request of the Commissioner of the Military Manpower Administration.
ADDENDA <Act No. 6997, Dec. 11, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7272, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Mandatory Service Period of Expert Research Personnel)
The amended provisions of Article 39 (1) 1 shall apply to expert research personnel transferred on or after the date this Act enters into force.
Article 3 (Applicability concerning Notification of Changes in Status following Absence without Permission of Expert Research Personnel or Industrial Technical Personnel)
The amended provisions of subparagraph 2-2 of Article 40 and Article 41 (1) 1-2 shall apply to absence without permission of expert research personnel or industrial technical personnel made on or after the date this Act enters into force.
Article 4 (Applicability concerning Coordination of Ages Subject to Exemption from Liability for Enlistment, etc. for Persons who Restore their Nationality)
The amended provisions of Article 71 (1) 11 shall apply to persons who acquire nationality of the Republic of Korea after obtaining permission for restoring nationality on or after the date this Act enters into force.
Article 5 (Applicability concerning Dodgers of Enlistment)
The amended provisions of Article 88 (1) 1 shall apply to persons who receive an enlistment notice on or after the date this Act enters into force.
Article 6 (Transitional Measures concerning Mandatory Service Period of Expert Research Personnel Fulfilling their Mandatory Service)
The mandatory service period of expert research personnel transferred before this Act enters into force shall be reduced in view of the amended provisions of Article 39 (1)1. In such cases, such mandatory service period shall be reduced under conditions prescribed by the Minister of National Defense at the request of the Commissioner of the Military Manpower Administration.
Article 7 (Transitional Measures concerning Revocation, etc. of Disposition Taken to Exempt Military Service for Anyone who Obtains Permanent Resident Status, etc. with his Family Overseas)
The revocation of a disposition taken to exempt military service and the exemption or mitigation of a liability for enlistment in the armed services, etc. for anyone subject to a disposition taken to exempt him from military service pursuant to the previous provisions of Articles 64 (1) 2 and 65 (2) as at the time this Act enters into force shall be governed by the previous provisions on revocation of a disposition taken to exempt military service and the exemption or mitigation of a liability for enlistment.
ADDENDA <Act No. 7430, Mar. 31, 2005>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2005.
(2) (Transitional Measures concerning Cancellation of Call-up, etc. of Public Duty Personnel, etc.) Where a fine for negligence is or has been imposed on any guarantor of public duty personnel, expert research personnel or industrial technical personnel pursuant to the previous provisions of Article 95 and paragraph (3) of the Addenda as at the time this Act enters into force, the cancellation of the call-up or enlistment of such public duty personnel, expert research personnel or industrial technical personnel shall be governed by the previous provisions.
(3) (Transitional Measures concerning Fines for Negligence) The imposition or collection of a fine for negligence on or from a guarantor who has obtained permission for overseas travel or permission for extending the overseas travel period pursuant to the previous provisions of Article 70 (1) or (3) before this Act enters into force shall be governed by the previous provisions: Provided, That the same shall not apply to a guarantor who guarantees returning to Korea of the person for whom the permission for overseas travel or the permission for extending such period of overseas travel does not expire.
ADDENDA <Act No. 7541, May 31, 2005>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2006.
(2) (Application Examples on Preferential Treatment When Employed) The amended provisions of Article 74-2 shall apply starting with the employment test conducted for the first time after the enforcement of this Act by an institution implementing an employment protection.
(3) (Transitional Measures concerning Warning Disposition) The warning dispositions taken under the previous provisions of Article 33 (1) prior to the enforcement of this Act shall be deemed the warning dispositions under the amended provisions of Article 33 (1) 1 through 4.
ADDENDA <Act No. 7845, Jan. 2, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 7897, Mar. 24, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Examples to Submission of Written Oath to Head of Designated Enterprise)
The amended provisions of Article 36 (6) shall apply to the enlistment of technical research personnel, etc. in the designated enterprises on or after the enforcement date of this Act.
ADDENDA <Act No. 7977, Sep. 22, 2006>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2007.
(2) (Transitional Measures concerning Permission for Travelling Abroad) The persons who have a permission for travelling abroad or extending the period until after the age of 25 years pursuant to the previous provisions of Article 70 (1) and (3) before this Act enters into force shall be deemed to have obtained the permission for travelling abroad under the amended provisions of Article 70 (1) and (3).
(3) (Transitional Measures concerning Penal Provisions) The breaches of the duties under the permission for travelling abroad committed before this Act enters into force shall be governed by the previous provisions in applying penal provisions.
ADDENDUM <Act No. 8024, Oct. 4, 2006>
This Act shall enter into force on January 1, 2007.
ADDENDA <Act No. 8243, Jan. 19, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 37, 39, and 40 shall enter into force six months after the date of its promulgation.
(2) (Applicability concerning Follow-up Draft Physical Examination) The amended provisions of Article 14-2 shall apply to persons assigned to engage in active duty service or in supplemental service pursuant to Article 14 (1) on or after the date this Act enters into force.
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8422, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8447, May 17, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11, 31, 31-3, 33-2, 36, 39, and 79 shall enter into force on October 1, 2007.
(2) (Transitional Measures concerning Exemption from Liability for Service, etc.) The amended provisions of Article 7 of the Addenda to the amended Military Service Act (Act No. 7272) shall not apply to persons exempted from the duty to take a draft physical examination, duty to enter military service as an active duty serviceman, or duty to comply with a call-up to public duty personnel service, among persons who were exempted from military service because they had obtained a permanent resident permit, etc. with their families from a foreign state, but such disposition of exemption of military service was revoked, as at the time this Act enters into force.
ADDENDUM <Act No. 8549, Jul. 27, 2007>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 8-2, 21-2, 23-2, 55 (1), 83 (1) 2-2 shall enter into force on January 1, 2008.
ADDENDA <Act No. 8749, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 8834, Dec. 31, 2007>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 31 (6) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9620, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9754, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 10, 20-3 and 26, proviso to Article 31 (5), and Articles 42 (3), 47 (3), 53 (1) 3, 55 (3), 65 (3), and 83 (1) 5 and (2) 3 shall enter into force on January 1, 2010.
Article 2 (Applicability concerning Cancellation of Transfer of Expert Research Personnel, etc.)
The amended provisons of Article 41 concerning the cancellation of transfer of and imposition of obligation on expert research personnel and industrial technical personnel shall apply to persons who violate such provisions on or after the date this Act enters into force.
Article 3 (Transitional Measures concerning Penal Provisions)
In applying penal provisions, the previous provisions shall apply to an act committed before this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9946, Jan. 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 61 (1) and 65 (1), and the part other than the subparagraphs of Article 71 (1) and (2) shall enter into force on January 1, 2011.
Article 2 (Applicability concerning Reduction of Service Period of Onboard Ship Reserve Personnel whose Transfer has been Cancelled)
The amended provisons of Article 23-4 (3) shall also apply to persons enlisted as active duty servicemen or called up to public duty personnel because their transfer to onboard ship reserve service was cancelled before this Act enters into force.
Article 3 (Applicability concerning Transfer to Supplemental Service or Second Citizen Service due to Race, Skin Color, etc.)
The amended provisons of Article 65 (1) 3 shall apply to persons born after January 1, 1992.
Article 4 (Applicability concerning Change of Military Service Disposition following Enhancement of National Prestige, etc.)
The amended provisons of Articles 42 (3) and 65 (9) shall also apply to persons who have promoted culture and enhanced national prestige, as prescribed by Presidential Decree, before this Act enters into force.
Article 5 (Applicability concerning Adjustment of Ages Exempted from Liability for Enlistment, etc.)
(1) The amended provisons of Article 71 (1) 1-2 shall apply to persons transferred to onboard ship reserve service on or after the date this Act enters into force.
(2) The amended provisons of Article 71 (1) 12 shall apply to persons who initiate administrative litigations on or after the date this Act enters into force.
Article 6 (Transitional Measures concerning Reduction of, Exemption from, etc. Liability for Enlistment)
Notwithstanding the amended provisions of Article 71, the previous provisions shall apply to persons born before December 31, 1979.
ADDENDA <Act No. 9955, Jan. 25, 2010>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) and (3) Omitted.
ADDENDA <Act No. 10703, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10704, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. Provided, That the amended provisions of Article 2 (1) 1 and 2 and 4, 3 (1), 8, 9 (1) and (2) shall enter into force on the date of promulgation.
Articles 2 (Applicable Example Concerning Determination of Physical Grade VII)
The amended provisions of Article 12 (3) shall apply from a person who has been determined at physical grade VII for the first time on the date from Jan. 01, 2012.
Articles 3 (Applicable Example Concerning Violation, etc. of Service Obligation by Public Duty Personnel)
The amended provisions of Article 89-3 (2) shall apply from a warning such as being present later than daily start working time, early leaving from work without notice, or deserted from work place without justifiable grounds for the first time after the date of enforcement of this Act.
ADDENDA <Act No. 10814, Jul. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Applicable Example Concerning Public Health Doctors, etc.)
(1) The amended provisions of Article 33 (3) (5), 35 (3), 35-2 (3), 35-3 (2) shall apply for public duty personnel, public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public service advocate and public quarantine veterinarian whose calling-up and assignment have been cancelled pursuant to the previous provisions prior to the enforcement of this Act.
(2) At the time of enforcement of this Act, among persons of public duty personnel, public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public service advocate and public quarantine veterinarian whose calling-up and assignment have been cancelled and serve as active duty service or are called to public duty personnel, persons who are working in excess of the remaining service period pursuant to the amended provisions of Article 33 (3) (5), 35 (3), 35-2 (3), 35-3 (2) are deemed to be discharged or released from the call on the date of enforcement of this Act.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation:Provided, That ... <Omitted.>... Article 3 of the Addenda shall enter into force one year after the date of its promulgation, respectively.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.

ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT

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ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.31058 20201001
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.30806 20200630
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.30760 20200611
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.30323 20200107
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.30256 20200116
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.29950 20190702
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.29373 20181218
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.28905 20180529
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.28473 20171221
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.28440 20171121
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.28340 20170922
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.28266 20170905
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.28211 20170726
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.27620 20161130
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.27619 20161129
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.27617 20161130
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.27220 20160614
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.27056 20160328
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.26659 20160125
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.26551 20150928
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.26348 20150701
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.25751 20141119
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.25687 20141110
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.25435 20140630
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.24890 20131205
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.24852 20131212
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.24553 20130531
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.24413 20130323
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.24238 20121220
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.24105 20120919
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.24102 20120916
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.24077 20120901
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.24018 20120805
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.23892 20120629
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.23795 20120523
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.23620 20120205
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.23488 20120106
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.23419 20120101
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.23305 20121019
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.23026 20110714
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22977 20110624
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22752 20110329
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22687 20110302
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22564 20110101
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22560 20110205
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22467 20101102
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22414 20101001
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22290 20100726
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22286 20100726
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22269 20100712
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22234 20100629
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22151 20100505
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.22075 20100319
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.21867 20091210
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.21774 20091008
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.21256 20100101
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.21214 20081231
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.21087 20081020
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.21069 20081008
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.20854 20080622
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.20797 20080605
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.20675 20080229
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.20469 20080101
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.20286 20071001
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.20222 20070817
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.20142 20070701
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.20120 20070704
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.19789 20070101
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.19688 20060925
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.19513 20060701
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.19507 20060612
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.19321 20060208
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.19182 20060101
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18972 20050727
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18891 20050701
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18669 20050105
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18390 20040601
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18377 20040424
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18312 20040317
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18273 20040209
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18254 20040129
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18133 20031120
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18098 20030915
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.18039 20030701
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.17718 20020821
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.17636 20020625
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.17442 20011231
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.17361 20010915
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.17159 20010327
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.17158 20010327
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.17138 20010228
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.17115 20010129
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.16668 19991231
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.16149 19990303
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.15919 19981021
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.15380 19970527
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.15221 19961231
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.15135 19960808
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.15030 19960620
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.14819 19951206
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.14447 19941223
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.14446 19941223
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.14397 19941006
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.13530 19911231
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.13385 19910611
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.13353 19910418
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.13284 19910201
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.13282 19910201
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.13173 19901201
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.12991 19900430
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.12895 19900103
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.12655 19890325
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.12474 19880630
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.12262 19871101
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.11511 19840922
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.10797 19820423
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.10620 19811106
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.10230 19810302
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.9964 19800718
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.9461 19790514
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.9132 19780811
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.8412 19770117
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.8201 19760729
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.7636 19750530
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.7039 19740104
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.6734 19730614
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.5841 19711103
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.5548 19710310
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.5326 19700909
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.5021 19700602
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.3712 19690108
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.2734 19660902
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.2285 19651110
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.1543 19591218
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.1452 19590218
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.1164 19630128
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.878 19540320
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.671 19520816
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.281 19500201
ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT No.154 19610101
CHAPTER I GENERAL PROVISIONS
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Article 1 (Purpose)
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]
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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]
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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]
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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]
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Article 3-3 (Time Limit for Servicing Notice of Obligation for Military Service)
(1) "Cases prescribed by Presidential Decree such as military force mobilization training and checking a call for war-time labor service" in the proviso to Article 6 (2) of the Act means cases falling under Article 9 (2) or 21 (2), the proviso to Article 29 (5), the proviso to Article 53 (1), Article 109 (2), the main clause of Article 121 (3), or the proviso to Article 155-2 (3).
(2) "Cases prescribed by Presidential Decree" in Article 6 (3) of the Act means cases falling under Article 21 (3), 53 (4), 101 (3), or the proviso to Article 121 (3).
[This Article Wholly Amended on May 28, 2018]
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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]
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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]
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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.
(2) "Reasons prescribed by Presidential Decree" in Article 6 (8) of the Act means any of the following cases:
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]
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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
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Article 6 Deleted. <Mar. 3, 1999>
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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
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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]
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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]
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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]
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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]
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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]
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Article 12-2
[Article 12-2 moved to Article 13-2 <Dec. 7, 2009>]
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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;
3. Persons who fall under Article 12 (1) 2 or 3 of the Act, among those who have filed an application for change of a military service disposition under Article 135 (1), and who need a physical examination;
4. Persons who fall under Article 71 (1) 10 of the Act and who need a physical 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]
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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>]
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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]
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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]
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Article 15 (Designation of Arms of Service)
(1) Arms of service prescribed in Article 13 (1) of the Act shall be determined in accordance with the branches of service provided for in Article 5 of the Military Personnel Management Act. <Amended on Dec. 4, 2013>
(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]
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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]
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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]
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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]
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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>
1. Persons who have already undergone a follow-up draft physical examination in accordance with Article 14-2 (1) of the Act;
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;
4. Persons transferred to supplementary service pursuant to Article 62 (1) 2 or 65 (1) 2 of the Act.
(2) The timing for a follow-up draft physical examination under Article 14-2 (2) of the Act is as follows: <Amended on Nov. 29, 2016>
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
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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]
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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;
8. Persons whose assignment to alternative service is canceled under Article 25 (2) of the Act on the Assignment and Performance of the Alternative Service (hereinafter referred to as the "Alternative Service Act") and are to enlist in the military;
9. Others deemed necessary by the Commissioner of the Military Manpower Administration.
[This Article Wholly Amended on Dec. 7, 2009]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
법령 이단보기
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]
법령 이단보기
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
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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]
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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]
법령 이단보기
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;
2. Where they have been transferred to active duty service pursuant to Article 83 (1) 2 of the Act;
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]
법령 이단보기
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]
법령 이단보기
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;
2. Written oaths under Article 23-6 (1) of the Act.
(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]
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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;
4. Where a person transferred to onboard ship reserve service are injured or sick in the course of performing his duties prescribed in Article 94 (1) of the Seafarers 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]
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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]
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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;
6. Where the onboard ship reserve personnel are on temporary leave due to a work-related injury, disease or physical disability under Article 94 (1) or 97 of the Seafarers Act.
(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]
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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]
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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]
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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;
3. Implementation status of notification of changes in status pursuant to Article 23-3 of the Act;
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]
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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]
SECTION 3 Secondment
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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]
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Article 42 Deleted. <Nov. 29, 2016>
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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]
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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]
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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]
법령 이단보기
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>
(3) With regard to persons enlisted for reserve service under paragraph (2), the Minister of National Defense shall bestow the following military rank in accordance with the rank bestowed under the Enforcement Decree of the Act on the Establishment of Obligatory Fire-Fighting Unit or the Enforcement Decree of the Act on the Establishment and Operation of Auxiliary Police Companies: <Amended on Nov. 20, 2015; Nov. 29, 2016; Sep. 22, 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
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Article 47 (Scope of Public Organizations)
Public organizations referred to in Article 26 (1) 1 and 2 of the Act shall be as follows: <Amended on May 28, 2018>
1. Public corporations and quasi-governmental institutions under Article 5 (3) of the Act on the Management of Public Institutions, which are prescribed by Ordinance of the Ministry of National Defense;
2. Local government-invested public corporations and local government public corporations under Articles 49 and 76 of the Local Public Enterprises Act, and local medical centers under Article 4 of the Act on the Establishment and Management of Local Medical Centers;
3. Fisheries information and communications stations;
4. Private schools under Article 3 of the Private School Act and kindergartens established and operated by non-profit corporations among the private kindergartens referred to in subparagraph 3 of Article 7 of the Early Childhood Education Act;
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>]
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Article 47-2 Deleted. <Dec. 4, 2013>
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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]
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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>]
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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>]
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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]
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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]
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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]
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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]
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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]
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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]
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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]
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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>]
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Article 58 (Working Hours of Social Service Personnel)
(1) Article 9 of the State Public Officials Service Regulations shall apply mutatis mutandis to the working hours of social service personnel. <Amended on Dec. 4, 2013>
(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]
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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;
2. Leave on application:
(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;
3. Sick leave:
(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;
5. Special leave:
(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;
(c) Where he works for a social welfare facility pursuant to subparagraph 4 of Article 2 of the Social Welfare Services Act: Not more than ten 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]
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Article 60 Deleted. <Dec. 4, 2013>
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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>]
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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>]
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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>]
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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>]
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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>]
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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:
(a) Where it is necessary to restore a house or farm destroyed by a storm or flood as defined in subparagraph 3 of Article 2 of the Countermeasures against Natural Disasters Act;
(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>]
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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>]
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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;
4. Where he studies at a school prescribed in the Elementary and Secondary Education Act or the Higher Education Act: Provided, That any act of studying by means of telecommunications or distance classes after working hours shall be excluded herefrom;
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>]
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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>]
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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>
1. Where he is in service after being 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;
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>]
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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
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Articles 68-2 through 68-10 Deleted. <Jun. 14, 2016>
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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;
3. A person who has completed education on learning the national intangible cultural heritage for at least five years in the field designated as the national intangible cultural heritage pursuant to Article 12 of the Act on the Safeguarding and Promotion of Intangible Cultural Heritage and obtained qualifications in the field designated 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]
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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>]
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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>]
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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>]
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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>]
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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>]
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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>]
법령 이단보기
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>]
법령 이단보기
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:
1. When he is detained;
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.
법령 이단보기
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]
법령 이단보기
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>
(6) Remuneration paid to doctors exclusively in charge of the draft physical examination under Article 34-2 (1) of the Act shall be equal to remuneration paid to public health doctors under Article 8 of the Enforcement Decree of the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages. <Amended on Nov. 29, 2016>
[This Article Wholly Amended on Dec. 7, 2009]
[Title Amended on Nov. 29, 2016]
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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]
법령 이단보기
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
법령 이단보기
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);
4. An excellent collective research institute as provided for in the Basic Research Promotion and Technology Development Support Act;
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");
6. A research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions;
7. A research institute performing projects to establish the foundation of industrial technology established under Article 19 of the Industrial Technology Innovation Promotion Act.
(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>
1. A research institute in the defense industry: A research institute commissioned in accordance with the Defense Acquisition Program Act;
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]
법령 이단보기
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>
1. For a research institute in the field of natural science, a designated research institute under the Specific Research Institutes Support Act, an excellent collective research institute under the Basic Research Promotion and Technology Development Support Act, and a research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions: The Minister of Science and ICT;
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;
4. For a research institution established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions: The Minister of the Office for Government Policy Coordination;
5. For a research institute performing projects to establish the foundations of industrial technology under Article 19 of the Industrial Technology Innovation Promotion Act: The Minister of Trade, Industry and Energy;
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]
법령 이단보기
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]
법령 이단보기
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>]
법령 이단보기
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>]
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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>]
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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]
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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]
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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]
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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]
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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]
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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]
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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;
2. Personnel who operate agricultural machinery of an agricultural corporation: Persons who hold 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 and serve as personnel to operate agricultural machinery for agricultural corporations in accordance with the Act on Fostering and Supporting Agricultural and Fisheries Enterprises;
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]
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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]
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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]
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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]