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; |
| 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: |
| (c) | Public organizations; |
| 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; |
| 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; |
| 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: |
| 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]
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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: |
| (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: |
| 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; |
| 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; |
| (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]
법령 이단보기
| 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. |
[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; |
| 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> |
[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]
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| 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]
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| 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]
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| 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; |
| (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]
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| 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: |
| 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; |
| 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]
법령 이단보기
| 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); |
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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
법령 이단보기
| 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]
법령 이단보기
| 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
법령 이단보기
| 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]
법령 이단보기
| 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.
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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> |
| (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]
법령 이단보기
| 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]
법령 이단보기
| 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
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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]
법령 이단보기
| 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)
| (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. |
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. |
| (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. |
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.
