CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
The purpose of this Decree is to provide for matters delegated by the Military Service Act and other matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 2 (Administration of Military Register) |
| (1) | The military register of persons liable for military service prescribed in Article 5 (3) of the Military Service Act (hereinafter referred to as the "Act") shall be administered in accordance with the following classification: <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| 1. | Persons enlisted in the military through conscription, call-up, or volunteering, and persons called to full-time reserve service: The chief of staff of the relevant service branch; |
| 2. | Persons who serve as correctional facility guards, mandatory fire-fighting unit personnel, or riot police officers by secondment: The Minister of Justice, the Administrator of the National Emergency Management Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard; |
| 3. | Persons in the first citizen service, second citizen service, reserve service, and supplemental service: The director of the regional military manpower office in the place of residence of a person liable for military service or the head of the military manpower branch office in the place of residence of a person liable for military service. |
| (2) | The military register of those whose resident registration has been cancelled due to emigration, failure to comply with the duty to report residence registration, etc. shall be administered based on their address at the time of cancellation as the place of residence; for those whose resident registration does not exist, their place of registration under the Act on the Registration, etc. of Family Relationship (hereinafter referred to as "place of registration") as the place of residence; for those falling under the main sentence of Article 16 (3) of the Act, their address at the time of draft physical examination as the place of residence. |
| (3) | Where the head of a military register administration agency under paragraph (1) has to transfer the military register of a person liable for military service because the military register administration agency has been changed due to such reasons as enlistment, transfer of military service, discharge from call-up, change of residence, etc., the head of the military register administration agency shall forward his military service record (including military register database; hereinafter the same shall apply) to the relevant military register administration agency without delay. In such cases, a written personnel order shall be forwarded together when such change has been made due to discharge from military service or discharge from call-up. |
| (4) | Matters necessary for the administration of military service records of persons in the second citizen service, in reserve service and in supplemental service who have completed mandatory military service, persons who have retired from military service, persons who have been released from military service obligation, and persons who are exempted from military service shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 3 (Report on Military Service, Procedures for Making Applications, etc. for Military Service) |
| (1) | Reports on military service or applications for military service shall be made in writing (including electronic documents; hereinafter the same shall apply): Provided, That in cases determined by the Commissioner of the Military Manpower Administration, such be made by oral statement or through an information and communication network, such as telephone, telegraph or facsimile transmission. |
| (2) | Where a person liable for military service is not able to make a report on military service or application for military service in person due to a disease or other unavoidable circumstances, the head of his family, any adult from among his family members, or the recipient of the notice of obligation for military service prescribed in Article 4 may make a report or application in place of such person in question. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 3-2 (Notice of Obligation for Military Service) |
With regard to a notice of obligation for military service under Article 6 (1) of the Act, the imprint of an official seal may replace the official seal. [This Article Wholly Amended by Presidential Decree No. 22286, Jul. 21, 2010]
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| Article 3-3 (Service by Electronic Means) |
| (1) | When the director of a regional military manpower office (including the head of a military manpower branch office; hereafter the same shall apply in this Article) serves a notice of obligation to render military service (hereinafter referred to as "notice of obligation for military service") pursuant to Article 6 (1) of the Act through an electronic communications network (hereinafter referred to as "service by electronic means"), he/she shall first notify the relevant person liable for military service of the kind of notice of obligation for military service to be sent electronically, receive his e-mail address and obtain his consent to receive such electronic notice. |
| (2) | The director of each regional military manpower office shall prepare an electronic notice of obligation for military service and send it to the e-mail address received pursuant to paragraph (1) from the person liable for military service. |
| (3) | The kind of a notice of obligation for military service to be sent electronically pursuant to Article 6 (5) of the Act shall be determined by the Commissioner of the Military Manpower Administration. |
| 1. | Where any delivery error occurs due to a typo, etc. in the e-mail address; |
| 2. | Where the right to use the electronic communications network is suspended for a person liable for military service; |
| 3. | Other cases prescribed by the Commissioner of the Military Manpower Administration where service by electronic means is not available. |
| (5) | The director of a regional military manpower office may request the Commissioner of the Military Manpower Administration to make delivery under paragraph (2) . In such cases, the director of the regional military manpower office shall submit the electronic notice of obligation for military service and the e-mail address to which the notice is to be sent. |
[This Article Added by Presidential Decree No. 22286, Jul. 21, 2010]
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| Article 4 (Selection of Recipient of Notice of Obligation for Military Service) |
| (1) | Each person who has selected or changed the recipient of a notice of obligation for military service as prescribed in Article 6 (3) of the Act shall submit a report on selection of notice recipient or report on change in notice recipient (including an electronic report) to the director of a regional military manpower office or head of a military manpower branch office. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| (2) | The recipient of a notice of obligation for military service prescribed in paragraph (1) shall be an adult of a different household who can deliver the notice from the director of a regional military manpower office or head of a military manpower branch office to the person in question. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 5 (Certificate of Military Service or Certificate of Discharge from Military Service) |
| (1) | The director of each regional military manpower office shall deliver a certificate of military service to persons who have undergone a draft physical examination and been issued a disposition of military service (including persons who have been issued a disposition of military service, without undergoing a draft physical examination as prescribed in Article 64 (1) of the Act). |
| (2) | The commanding officer of each military unit shall deliver a certificate of discharge from military service to persons discharged from military service. |
| (3) | Where a certificate of military service or certificate of discharge from military service has been lost or made unusable, the director of the regional military manpower office may reissue it at the request of the person in question. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER II ENLISTMENT FOR FIRST CITIZEN SERVICE
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| Article 6 Deleted. <by Presidential Decree No. 16149, Mar. 3, 1999> |
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| Article 7 (Survey of Those to be Enlisted for First Citizen Service) |
| (1) | The Minister of Public Administration and Security shall provide computerized data on resident registration of persons who will turn 18 years of age next year to the Commissioner of the Military Manpower Administration by June 30 of each year under Article 9 of the Act, and the Commissioner of the Military Manpower Administration shall, in turn, send such data on resident registration to each regional military manpower office (including each military manpower branch office; hereafter the same shall apply in this Article). |
| (2) | The Commissioner of the Military Manpower Administration shall receive computerized data on family relationship registration of persons who will turn 18 years of age next year from the Minister of the National Court Administration by June 30 of each year in accordance with the provisions of Article 9 (2) of the Act and compare them with the computerized data on their resident registration referred to in paragraph (1) , and refer the computerized data on family relationship registration of anyone whose resident registration is not noted on the resident registration card to the regional military manpower office having jurisdiction over his place of registration. |
| (3) | The director of each regional military manpower office (including the head of each military manpower branch office; hereafter the same shall apply in this Article) shall, upon receiving computerized data on resident registration and computerized data on family relationship registration referred to in paragraphs (1) and (2) , manage persons who will turn 18 years of age next year as those to be enlisted for the first citizen service. |
| (4) | With regard to persons whose resident registration is not noted on the resident registration cards on the ground that they were born abroad, etc., the director of each regional military manpower office shall manage them as those to be enlisted for the first citizen service after confirming the factual background, etc. through seeking cooperation from relevant agencies and examining applications for permitting overseas travels under Article 145. |
| (5) | The Commissioner of the Military Manpower Administration shall, after consultations with the Minister of Public Administration and Security and the Minister of Court Administration, determine the scope of computerized data on resident registration and computerized data on family relationship registration and the methods of furnishing such data, etc., necessary for imposing obligation to serve in the military. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER III DRAFT PHYSICAL EXAMINATION
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| Article 8 (Survey of Persons Subject to Draft Physical Examination) |
| (1) | The director of each regional military manpower office shall survey matters necessary for the draft physical examination in the following year of persons enlisted for the first citizen service by September 15 of each year, and input the results thereof into the database on persons enlisted for the first citizen service, and then prepare and manage a list of persons subject to the draft physical examination. |
| (2) | When the director of a regional military manpower office completes a survey of persons subject to the draft physical examination under paragraph (1) , he/she shall file a list of persons subject to the draft physical examination with the Commissioner of the Military Manpower Administration by not later than September 30. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 9 (Service of Notice of Draft Physical Examination, etc.) |
| (1) | The director of each regional military manpower office shall serve notices of draft physical examination of persons subject to a draft physical examination (including physical examinations conducted at central physical examination agencies or military hospitals under Article 11 (1) ; hereinafter the same shall apply) on the persons in question by not later than 20 days before the date of the draft physical examination. |
| (2) | Notwithstanding the provisions of paragraph (1) , the period for service of the notice may be shortened for a person falling under any of the following subparagraphs: |
| 1. | A person who is obliged to undergo a draft physical examination after the reasons for the postponement of his draft physical examination or for the postponement of the day he is set to undergo the draft physical examination cease to exist; |
| 2. | A person whose date of enlistment has been postponed due to a disease or physical or mental disorder, or a person who has been invalided as a result of a draft physical examination but is still under obligation to undergo a follow-up draft physical examination; |
| 3. | A person who has filed an application for a priority draft physical examination; |
| 4. | An evader of a draft physical examination who is obliged to undergo the draft physical examination; |
| 5. | A person who is obliged to undergo a draft physical examination after his age information has been corrected or his new resident registration has been made. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 10 (Notification of Required Number of Military Personnel) |
| (1) | The chief of staff of each service branch shall notify the Commissioner of the Military Manpower Administration of the number of required persons for each aptitude to be drafted into active duty service two years later by October 31 of each year. |
| (2) | Upon receiving the notice under paragraph (1) , the Commissioner of the Military Manpower Administration shall determine the standards for enlistment for active duty service and supplemental service in the following year and distribute the active duty service personnel to each City/Do, according to their aptitude. |
| (3) | When the Commissioner of the Military Manpower Administration determines the standards for enlistment in active duty service and supplemental service as prescribed in paragraph (2) , he/she shall notify the chief of staff of each service branch of the standards by December 31 of each year. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 11 (Establishment of Draft Physical Examination Centers, etc.) |
| (1) | For the purpose of conducting a draft physical examination under Article 11 of the Act, the Commissioner of the Military Manpower Administration shall establish and operate an agency dealing with the physical examination (hereinafter referred to as the "Central Physical Examination Agency") in the Military Manpower Administration, and the director of each regional military manpower office shall establish and operate a draft physical examination center in the military manpower office each year: Provided, That the director of a regional military manpower office may, if necessary, establish a draft physical examination center in a military hospital in consultation with the head of the military hospital. |
| (2) | When the director of a regional military manpower office seeks to establish and operate a draft physical examination center in accordance with paragraph (1) , he/she shall make a public announcement of persons subject to the draft physical examination, the period of establishment and location of such center and other necessary matters: Provided, That the Commissioner of the Military Manpower Administration may make the public announcement of the abovementioned matters, if necessary. |
| (3) | The head of the agency where a draft physical examination center is established under the proviso to paragraph (1) shall provide furnishings necessary for the operation of the draft physical examination center and provide necessary cooperation for the execution of miscellaneous tasks of the draft physical examination. |
| (4) | The Commissioner of the Military Manpower Administration shall determine necessary matters for the establishment and operation of the Central Physical Examination Agency and draft physical examination centers, and for the execution of tasks relating to the draft physical examination. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 12 (Persons Engaged in Draft Physical Examination) |
| (1) | The composition, appointers, and duties of persons engaged in the draft physical examination at draft physical examination centers shall be as shown in Appendix1. |
| (2) | When it is not possible to conduct a draft physical examination only with senior doctors exclusively in charge of the draft physical examination and doctors exclusively in charge of the draft physical examination (hereinafter referred to as "doctors exclusively in charge of the draft physical examination"), senior doctors specialized in the draft physical examination and doctors specialized in the draft physical examination (hereinafter referred to as "doctors specialized in the draft physical examination"), or military surgeons, the Commissioner of the Military Manpower Administration or the directors of regional military manpower offices may commission persons licensed to practice medicine to carry out the draft physical examination. In such cases, the directors of regional military manpower offices shall obtain approval from the Commissioner of the Military Manpower Administration. |
| (3) | The composition of doctors exclusively in charge of the draft physical examination and doctors specialized in the draft physical examination who serve in the Central Physical Examination Agency, the person holding the power to appoint and dismiss them, and their duties shall be as shown in Appendix 1-2. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 13 (Conduct of Draft Physical Examination) |
| (1) | A person who has received a notice to undergo a draft physical examination shall undergo the draft physical examination at the designated time and location. |
| (2) | With regard to persons who shall undergo a draft physical examination, but who did not undergo the draft physical examination at the relevant draft physical examination center, persons who shall undergo a further draft physical examination, and persons deemed to have difficulty in undergoing a draft physical examination at the relevant draft physical examination center in view of traffic situations, etc., the director of a regional military manpower office may allow the above persons to undergo the draft physical examination at a different draft physical examination center or at a military hospital. |
| (3) | With respect to persons under obligation to undergo a draft physical examination in the year when they turn 19 or 20 years old, who are crew members of ships sailing out of the country or overseas employees or who have applied for transfer to industrial technical personnel service, or who files an application for a priority draft physical examination and is selected otherwise by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office may conduct the draft physical examination in advance. |
| (4) | The Central Physical Examination Agency shall perform determinations of physical grades of persons falling under any of the following subparagraphs: |
| 1. | Persons who fall under Article 12 (1) 2 or 3 of the Act as a result of physical examination conducted by the director of a regional military manpower office, and who need a close physical examination or further examination; |
| 2. | Persons who fall under any subparagraph of Article 26 (1) and who need a further examination; |
| 5. | Persons who are dissatisfied with the result of a physical examination conducted by the director of a regional military manpower office, and who need a further physical examination. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 13-2 (Dispatch of Military Surgeons) |
| (1) | The Commissioner of the Military Manpower Administration may request the Minister of the National Defense to dispatch military surgeons in various medical fields necessary for physical examination as prescribed in Article 12-2 of the Act. |
| (2) | The Minister of National Defense in receipt of a request under paragraph (1) shall dispatch military surgeons. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 14 (Psychological Test, Classification of Aptitude, etc.) |
| (1) | The psychological test provided for in Article 11 (3) of the Act shall be carried out with respect to mental and psychological states, etc. of individuals and necessary matters with regard to the method of, procedures for, etc. of such test shall be determined by the Commissioner of the Military Manpower Administration. |
| (2) | Aptitude provided for in Article 13 (1) of the Act shall be classified and determined according to the standards set by the Commissioner of the Military Manpower Administration as follows: architecture and civil engineering, electricity, electronics, data processing, heavy equipment operation, transport equipment maintenance, vehicle operation, chemistry, machinery, aviation, medicine, cooking, and common aptitude. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 14-2 (Examinations Entrusted to Medical Institutions) |
As to the designation, etc. of medical institutions to whom examinations shall be entrusted pursuant to the latter part of Article 11 (4) of the Act, the provisions of Article 168 (2) and (3) shall apply mutatis mutandis. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 15 (Designation of Arms of Service) |
| (1) | Arms of service under Article 13 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (2) | Arms of service under paragraph (1) can be subdivided into military |
occupational specialties, which shall be assigned by the chief of staff of each service branch: Provided, That in cases where the chief of staff of each service branch deems it especially necessary, such as those who volunteer for active duty service, etc. selected by the Commissioner of the Military Manpower Administration, the chief of staff of each service branch may request the Commissioner of the Military Manpower Administration to designate arms of service and military occupational specialties. <Amended by Presidential Decree No. 23305, Nov. 23, 2011>
| (3) | The standards for designating arms of service and military occupational |
specialties prescribed in paragraphs (1) and (2) shall be determined by the chief of staff of each service branch after consultation with the Commissioner of the Military Manpower Administration in consideration of physical grades, aptitudes, etc.. <Amended by Presidential Decree No. 23305, Nov. 23, 2011>
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
[The Title of the Article Amended by Presidential Decree No. 23305, Nov. 23, 2011]
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| Article 16 (Change of Category of Aptitude) |
The director of a regional military manpower office or the head of a military manpower branch office may change the category of aptitude of a person who has been assigned an aptitude and falls under any of the following subparagraphs:
| 1. | Where he has obtained a license or qualification, or his license or qualification has been cancelled; |
| 2. | Where the number of persons to enlist for each category of aptitude needs adjustment; |
| 3. | Where the re-classification of aptitude is necessary because such person has completed a course of study, etc. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 17 (Disposition for Military Service, etc.) |
| (1) | The disposition for military service provided for in Article 14 (1) of the Act shall be issued on the day on which a draft physical examination or physical examination for active duty service of the relevant person is conducted: Provided, That in cases of a person who has undergone a physical examination at the Central Physical Examination Agency or a military hospital, the disposition for military service shall be issued at the time the result of such physical examination is notified. |
| (2) | Persons whose physical grade has been determined at Grade VII under Article 14 (2) of the Act shall undergo a follow-up physical examination within one month after the relevant treatment period expires. In such cases, for persons who have not recovered from illness until the follow-up physical examination, a period for recovery from illness shall be re-designated and a follow-up physical examination shall be carried out again within one month after that period expires. |
| (3) | Persons whose recovery period from the same illness is deemed to exceed 24 months, in total, from the date of the first examination as a result of a follow-up physical examination under paragraph (2) , and persons whose physical grade remains at Grade VII with the same illness after having undergone two follow-up physical examinations, shall undergo a follow-up physical examination in the month that is 24 months after the date of the first examination, and persons determined at physical Grade VII in the follow-up physical examination shall be enlisted for the second citizen service: Provided, That in cases of a person whose recovery period is deemed to exceed 24 months, in total, from the date of the first examination according to the results of the follow-up physical examination conducted 21 months after the date of the first examination, he shall be enlisted in the second citizen service at that time. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (4) | Notwithstanding paragraph (2) , persons who wish to serve in active duty service or supplemental service after recovering from illness or mental or physical disorder may undergo a follow-up physical examination at their request even before they have recovered. In such cases, those who fall under physical grade VII as a result of the follow-up physical examination shall be exempted from military service. |
| (5) | The director of a regional military manpower office may cancel the disposition for military service of a person who has already undergone a draft physical examination, but fails to meet the age requirement for the draft physical examination as a result of the correction of the person's age information and, when he deems it necessary, may change the disposition for military service of a person whose academic standing has been changed in the same year he underwent the draft physical examination, and if he falls under any ground for postponing conscription or call-up under Article 60 (2) of the Act, the disposition for military service for him may be changed according to his academic standing of the year in which such ground has accrued: Provided, That this shall not apply with regard to persons who are in service through conscription, call-up or volunteering, or have completed such service. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 18 (Conclusion of Tasks regarding Draft Physical Examination) |
| (1) | The work of preparing the register of persons to be enlisted in active service and the register of persons to be transferred to supplemental service, and other work necessary to complete the draft physical examination shall be concluded within two months from the expiration of the draft physical examination. |
| (2) | Necessary matters for the method of, procedures for, etc. concluding tasks regarding the draft physical examination under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 18-2 (Persons, etc. Exempt from Follow-up Draft Physical Examination) |
| (1) | Persons exempted from a follow-up draft physical examination pursuant to Article 14-2 (2) of the Act shall be those specified as follows: |
| 2. | Persons to be enlisted in active duty service for whom the date of enlistment is fixed or persons to be called to public duty personnel service for whom the date of call-up is fixed, since their grounds for postponement of conscription, call-up, etc. under Article 60 (3) of the Act cease to exist in the year during which they shall undergo a follow-up draft physical examination in accordance with Article 14-2 (1) of the Act: Provided, That persons who are not conscripted or called on the date of enlistment shall be excluded herefrom; |
| 3. | Persons whose order of call-up is adjusted by the Commissioner of the Military Manpower Administration to a lower priority pursuant to Article 28 of the Act; |
| 1. | In cases of a person whose conscription or call-up has been postponed pursuant to Article 60 (2) of the Act on the ground that he stays or resides abroad or the time limit for enlistment in the armed forces, etc. has been postponed pursuant to Article 61 (1) of the Act, it shall be conducted immediately when such ground ceases to exist; |
| 2. | In cases of a person to whom the proviso to paragraph (1) 2 is applicable, it shall be conducted immediately; |
| 3. | In cases of persons subject to the follow-up draft physical examination otherwise, it shall be conducted at the time determined by the director of a regional military manpower office in view of the annual time table for draft physical examination, etc. |
| (3) | For a person whose disposition for military service has been changed to supplemental service pursuant to Article 17 (3) of the Act or a person whose disposition for military service has been changed after a physical examination conducted pursuant to Article 65 (1) 1 of the Act or Article 135-2 (2) of this Decree, a follow-up draft physical examination shall be conducted when the period under Article 14-2 (1) of the Act has elapsed, beginning in the year following the year in which such changed disposition for military service is finalized. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER IV SERVICE OF ACTIVE DUTY SERVICEMEN, ETC.
Section 1 Enlistment for Active Duty Service
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| Article 19 (Planning for Enlistment for Active Duty Service) |
| (1) | The chief of staff of each service branch shall forward a new recruit plan for active duty service for the following year which records the number of personnel for each military unit for enlistment, date of enlistment, aptitude, etc. of persons to be enlisted for active duty service to the Commissioner of the Military Manpower Administration, by September 30 of each year. When seeking to change contents already forwarded, the chief of staff of each service branch shall notify the Commissioner of the Military Manpower Administration thereof within 60 days prior to the date of enlistment. |
| (2) | The chief of staff of each service branch shall prepare a new recruit plan for active duty service in wartime each year in conformity with paragraph (1) and forward it to the Commissioner of the Military Manpower Administration. |
| (3) | Upon receiving the notice provided for in paragraph (1) or (2) , the Commissioner of the Military Manpower Administration shall draft a plan for enlistment for active duty service which records persons to be enlisted by enlistment date and aptitude for each military unit in consideration of the number of persons subject to enlistment in active duty service, and shall forward it to the chief of staff of each service branch and the director of each regional military manpower office, respectively. |
| (4) | Upon receiving the plan for enlistment for active duty service provided for in paragraph (3) , the director of each regional military manpower office shall draft an execution plan for enlistment for active duty service which designates the date of enlistment and the assembly place by Si (referring to Si wherein no Gu is established; hereinafter the same shall apply)/Gun/Gu, report it to the Commissioner of the Military Manpower Administration, and forward it to the commanding officer of the relevant military unit. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 20 (Persons Subject to Separate Enlistment in Active Duty Service) |
Persons who need not conform to the order of conscription for active duty servicemen under Article 16 (2) of the Act and may be separately enlisted shall be as follows: <Amended by Presidential Decree Nos. 22286 & 22290, Jul. 21, 2010> | 1. | Persons who hope to enlist in the military in the year they undergo a draft physical examination; |
| 2. | Persons who have been invalided, but are to be enlisted again; |
| 3. | Student officer candidates or medical, judicial, religious and veterinary cadet officers who have been expunged from the relevant military register; |
| 4. | Persons whose grounds for postponement of the draft physical examination or enlistment (including those whose date of the draft physical examination or enlistment has been postponed) cease to exist; |
| 5. | Persons who have returned to Korea from abroad and are to enlist in the military; |
| 6. | Persons who have evaded enlistment in active duty service, against whom penal sanction or the statute of limitations for prosecution has expired; |
| 7. | Persons who are to enlist in the military after their call-up as public duty personnel is cancelled or their transfer to onboard ship reserve personnel, expert research personnel, industrial technical personnel, public health doctors, doctors exclusively in charge of the draft physical examination, international cooperative doctors, public-service advocates or public quarantine veterinarians is cancelled; |
| 8. | Others deemed necessary by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 21 (Service, etc. of Notice of Enlistment in Active Duty Service) |
| (1) | The director of each regional military manpower office shall serve a notice of enlistment in active duty service upon a person subject to enlistment in active duty service within 30 days prior to the enlistment date. |
| (2) | With respect to persons subject to separate enlistment in active duty service under Article 20, the period for serving a notice of enlistment in active duty service may be reduced, notwithstanding the provisions of paragraph (1) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 22 (Establishment and Operation of Active Duty Service Enlistment Offices) |
| (1) | The Commissioner of the Military Manpower Administration or the commanding officer of the military unit shall establish an enlistment office in the military unit in order to manage the affairs related to the custody and admission of persons subject to enlistment in active duty service: Provided, That where the assembly place of persons subject to enlistment in active duty service is not the military unit area, the director of the regional military manpower office concerned shall establish an enlistment office. |
| (2) | The director of each regional military manpower office shall dispatch to the enlistment office a custody officer to escort persons subject to enlistment in active duty service and personnel to assist the tasks of the custody officer, and the commanding officer of the military unit shall dispatch an admissions officer to admit persons subject to enlistment in active duty service to the enlistment office, respectively: Provided, That where the Commissioner of the Military Manpower Administration establishes the enlistment office, the director of each regional military manpower office shall not dispatch any custody officer, but shall dispatch personnel who will assist the custody officer only, and the business affairs of the custody officer shall be conducted by the head of the enlistment office. |
| (3) | The custody officer shall escort persons subject to enlistment in active duty service, along with a list of persons subject to enlistment in active duty service and their military service records, to the admissions officer, and make two copies of the custody and admission report, one of which shall be forwarded to the admissions officer. The same shall also apply to persons who arrive at the military unit within three days from the date of enlistment after completion of the custody and admission tasks. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 23 (Physical Examination, etc. at Assembly Place) |
| (1) | Upon receiving a plan for enlistment for active duty service under Article 19 (3) , the chief of staff of each service branch shall draft a plan for transporting persons who are to enlist not through the military unit but through the assembly place and shall forward it to the Commissioner of the Military Manpower Administration. |
| (2) | In consideration of persons who may have difficulties enlisting not in the military unit for enlistment but in the assembly place due to an illness, or physical or mental disorder, the director of a regional military manpower office may request the commanding officer of a military unit (including the head of a military hospital) to dispatch a military surgeon, and the commanding officer of the military unit shall accordingly comply with the request. |
| (3) | The military surgeon who has been dispatched to the enlistment office in the assembly place shall carry out a physical examination with respect to persons who are deemed to have difficulty in enlisting due to a disease, or physical or mental disorder according to an order of the director of a regional military manpower office and shall make two copies of the diagnosis which records the recovery period for persons able to recover, and two copies of the diagnosis which records the name of the relevant disease and the register of persons invalided for persons unable to recover, respectively, a copy of which shall be forwarded to the custody officer. |
| (4) | The custody officer who has received the diagnosis and the register of persons invalided provided for in paragraph (3) shall issue a certificate of invalidment to the relevant person and invalid him. |
| (5) | Among persons invalided under paragraph (4) , those whose recovery period has been specified shall be handled by applying mutatis mutandis Article 26 (1) 1, and those who have been diagnosed only with the name of disease shall undergo a physical examination and be dealt with in accordance with the results of that examination. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 24 (Report, etc. for Postponed Enlistment) |
| (1) | Persons subject to enlistment in active duty service who are unable to enlist on the date of enlistment due to a natural disaster, traffic paralysis, delay in the service of notice, or other extenuating circumstances, may enlist within three days from the date of enlistment. |
| (2) | Each person who wishes to postpone his enlistment under paragraph (1) shall file a report on postponement of enlistment with the director of a regional military manpower office and enlist on the date so reported and if extenuating circumstances exist, file such report through telegraph, telephone, etc. |
| (3) | The director of each regional military manpower office shall forward a list and military service records of persons who are to postpone enlistment under paragraph (1) , to the commanding officers of the military units which the persons will enter. |
| (4) | Upon receiving the list and military service records of persons who are to postpone enlistment under paragraph (3) , the commanding officers of the military units shall confirm whether the above persons indeed have enlisted on the date of enlistment and shall forward the military service records of persons who did not enlist to the directors of the regional military manpower offices. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 25 (Physical Examination for Enlistment in Active Duty Service, etc.) |
| (1) | A physical examination for enlistment in active duty service under Article 17 of the Act shall be conducted at a medical facility of the military unit for enlistment: Provided, That each person who should be invalided as a result of a physical examination conducted at a medical facility of the military unit that he entered shall undergo a close physical examination at a military hospital. |
| (2) | With regard to persons who should be sent home as an invalid as a result of a close physical examination, the commanding officers of the relevant military units shall withdraw their military service certificates, issue certificates of invalidment and invalid them without delay and, within two days from the day they are invalided, forward their military service records which explicitly state the severity of the relevant disease or mental or physical disorder as well as the recovery period (limited to cases where the recovery period can be known), results of the close physical examination, certificates of military service and the list of persons invalided, to the directors of regional military manpower offices. |
| (3) | Where the commanding officer of a military unit has enrolled enlisted persons on the register of the relevant armed service, he shall record the address (stating to the extent of Si/Gun/Gu/Eup/Myeon/Dong), name, residence registration number, serial number of the notice of enlistment, and the date of enlistment in the list of persons enrolled in active duty service (it can be substituted with a written personnel order; hereinafter the same shall apply) and promptly forward it to the directors of the regional military manpower offices. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 26 (Invaliding Persons Subject to Enlistment for Active Duty Service after Being Conscripted) |
| (1) | With respect to a person who is invalided in accordance with Article 17 (2) of the Act, the director of the regional military manpower office shall have him undergo a follow-up physical examination at a draft physical examination center or the Central Physical Examination Agency according to the following classification under paragraph (3) of the same Article and then take a military service disposition according to his physical grade or have him re-enter the armed services. In such cases, with respect to a person whose physical grade is determined at Grade VII as a result of a follow-up physical examination conducted in accordance with subparagraphs 1 (b) and 2, the director of the regional military manpower office shall deal with him by applying mutatis mutandis the provisions of Article 17 (2) and (3) : |
| 1. | Where the recovery period is explicitly stated: The recovery period shall be added up from the date on which the physical examination for enlistment is conducted: |
| (a) | Where the recovery period is less than three months: He must immediately enlist in the military after the recovery period expires; |
| (b) | Where the recovery period is not less than three months: He must undergo a follow-up physical examination after the recovery period expires, and a military service disposition shall be taken according to the results of such follow-up physical examination; |
| 2. | Where the recovery period is not stated: He must undergo a follow-up physical examination immediately after receiving his military service record, etc. under Article 25 (2) and a military service disposition shall be taken according to the results of such follow-up physical examination. |
| (2) | Where the recovery period is explicitly stated for any person who has re-entered the armed services in accordance with paragraph (1) 1 (a) but has been invalided, he shall be dealt with according to paragraph (1) 1 (b) ; where the recovery period is not stated, he shall be dealt with according to subparagraph 2 of the same paragraph. In such cases, if any person is invalided on the ground of the same disease, or mental or physical disorder and the recovery period is explicitly stated, such recovery period shall be added up from the date on which he has undergone the physical examination for enlistment in the military before he re-enters the armed services. |
| (3) | In the event that any person enlisted in the military after undergoing a follow-up physical examination in the month falling under the 24th month from the date on which he underwent the first physical examination in accordance with the main sentence of Article 17 (3) (including cases where it applies mutatis mutandis under Article 135 (2) 2) is invalided on the ground of the same disease or the same mental or physical disorder, the director of the regional military manpower office shall promptly have him undergo a follow-up physical examination at a draft physical examination center or at the Central Physical Examination Center and take a military service disposition for him according to his physical grade, and any person whose physical grade is determined at Grade VII shall be registered for the second citizen service. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (4) | Matters necessary to deal with invalids, such as follow-up physical examinations, military service dispositions, notices on the second enlistment in any military unit, etc. under paragraphs (1) through (3) shall be determined and publicized (including cases where they are made known to the public by means of the Internet; hereinafter the same shall apply) by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 27 (Service Period, etc. of Active Duty Servicemen) |
| (1) | The service period of active duty servicemen shall be computed from the day of their enlistment, and they shall become a private on the day of enlistment: Provided, That a person who is sent home as an invalid shall return to his status prior to the enlistment. |
| (2) | The number of days which are not included in the period of active duty service under Article 18 (3) of the Act shall be as follows: |
| 1. | The number of days of sentence execution: The number of days of sentence execution on account of a final judgement of a sentence (the number of days of unconvicted detention calculated in the sentence shall be included, while the number of days during parole and cessation of sentence execution shall be excluded); |
| 2. | The number of days of the disposition for imprisonment in a military detention facility: The number of days when a person is confined in a military detention facility and other places of detention by receiving a disposition of imprisonment in a military detention facility by a disciplinary; |
| 3. | The number of days of desertion from service: The number of days from the day of desertion from service to the date before the self-surrender or arrest. |
| (3) | When persons in active duty service complete the period of such active duty service, the chief of staff of each service branch shall transfer them to reserve service. In such cases, the chief of staff of each service branch may entrust that authority to the commanding officers of military units under his command. |
| (4) | When the head of a military hospital in which an active duty serviceman is hospitalized, where a need arises to postpone the discharge of the active duty serviceman under Article 18 (4) 2 of the Act, sends a list of active duty servicemen subject to the postponement to the chief of staff of each service branch before the expiry of the mandatory military service of such active duty serviceman, the relevant chief of staff who has been notified thereof shall determine the postponement of such discharge, as prescribed by Ministerial Decree of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 28 (Drafting, Delivery, etc. of Plan for Recruiting Active Duty Servicemen) |
| (1) | The chief of staff of each service branch shall draw up a plan for recruiting active duty servicemen that contains the number of personnel by field and date, etc. for persons who volunteer for active duty service in order to recruit active duty servicemen (hereinafter referred to as "active duty candidates") in accordance with Article 20 of the Act by September 30 of each year and then deliver such plan to the Commissioner of the Military Manpower Administration. In such cases, the chief of staff of each service branch shall, if he/she intends to modify details of the plan delivered, notify the Commissioner of the Military Manpower Administration thereof within 60 days prior to the date of the recruitment. |
| (2) | Upon taking the delivery of the plan for recruiting active duty servicemen under paragraph (1), the Commissioner of the Military Manpower Administration shall draw up a program for recruiting active duty servicemen that contains qualifications for volunteering for active duty service for each field of recruitment, etc. and a recruitment schedule in order to screen and select active duty candidates and shall deliver such program to the directors of regional military manpower offices. |
| (3) | Upon taking the delivery of the program for recruiting active duty servicemen under paragraph (2), the director of each regional military manpower office shall develop and implement a detailed program for recruiting active duty servicemen in order to publicize their recruitments and conduct physical examinations, interviews, written examinations and talent examinations, etc. |
| (4) | The Commissioner of the Military Manpower Administration or the director of each regional military manpower office may appoint or commission a screening member among persons who have specialized knowledge in the relevant field in order to screen active duty candidates, and provide allowances within the budget to the screening member. <Added by Presidential Decree No. 23305, Nov. 23, 2011> |
| (5) | Necessary matters concerning the standards, procedures, etc. for selecting active duty candidates shall be determined and publicized by the Commissioner of the Military Manpower Administration where such selection is made by the Commissioner of the Military Manpower Administration, and shall be determined and publicized by the chief of staff of each service branch where such selection is made by the chief of staff of each service branch. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 29 (Volunteering for Active Duty Service, Selection, etc.) |
| (1) | Any person who intends to volunteer for active duty service shall file an application for active duty service (including an application in electronic format) with the director of a regional military manpower office (including the head of a military manpower branch office; hereafter the same shall apply in this Article) or with the chief of staff of each service branch, and the director of the regional military manpower office or the chief of staff of the relevant service branch shall, upon receiving an application for active duty service, deliver an examination certificate and a physical examination notice to such active duty candidate. |
| (2) | The delivery of the physical examination notice referred to in paragraph (1) may be replaced by the delivery of the examination certificate stating the date and place of the physical examination, and in the event that applications for active duty service are received and examination certificates are delivered through the Internet home pages of the Military Manpower Administration and each service branch, the posting of the date and place of the physical examination on the Internet home pages of the Military Manpower Administration and each service branch may replace the delivery of physical examination notices. |
| (3) | With respect to persons who have filed applications for active duty service under paragraph (1) , the director of a regional military manpower office or the chief of staff of the relevant service branch shall conduct a physical examination at a draft physical examination center, a military hospital or a military unit in which they are to be enlisted: Provided, That with respect to persons who have already undergone a draft physical examination, a physical examination may be omitted. |
| (4) | Where the Commissioner of the Military Manpower Administration selects successful active duty candidates, the director of each regional military manpower office shall serve a notice of enlistment in active duty service on such successful active duty candidates, and where the chief of staff of each service branch selects successful active duty candidates, he shall serve a notice of selection of active duty candidates on such successful active duty candidates. |
| (5) | Necessary matters concerning procedures, etc. for the service of notice of enlistment in active duty service referred to in paragraph (4) shall be determined by the Commissioner of the Military Manpower Administration or the chief of staff of each service branch. |
| (6) | In the event that any person who is selected as an active duty serviceman in accordance with the latter part of Article 20 (2) of the Act wants his selection to be canceled before enlisted in the military, the cancelation of his selection may be permitted only when he is acknowledged as unable to get enlisted in the military on any extenuating circumstances, including a disease, mental or physical disorder or disaster, etc. |
| (7) | Any person who is unable to be enlisted in the military on the designated date on the grounds referred to in paragraph (6) shall file an application for cancellation of selection as an active duty serviceman within five days before the date on which he is liable to be enlisted in the military and any person whose selection as an active duty serviceman has been canceled shall return to his status prior to his selection as an active duty serviceman. |
| (8) | The chief of staff of each service branch shall, where he cancels the selection of persons for active duty service in accordance with the latter part of Article 20 (2) of the Act, promptly serve a list of persons whose selection for active duty service has been cancelled, on the directors of regional military manpower offices. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 29-2 (Invaliding Active Duty Candidates after Enlistment) |
| (1) | Article 25 (1) and (2) shall apply mutatis mutandis to physical examinations for enlistment, etc. conducted for persons enlisted in the military after having been selected as active duty servicemen. In such cases, those sent home as an invalid shall return to their status prior to the enlistment. |
| (2) | The provisions of Article 26 (1) through (3) shall apply mutatis mutandis to ways by which the director of a regional military manpower office deals with a person invalided after he had undergone a draft physical examination or a physical examination for active duty service, and was enlisted and thereafter underwent a close physical examination at a military hospital, among persons invalided as prescribed in paragraph (1) : Provided, That in cases where he hopes to be re-enlisted after recovering from a disease, of which recovery period under Article 26 (1) 1 (a) does not exceed three months, he may be enlisted only when the military specialty given to him at the time he was selected as an active duty serviceman is in demand. |
| (3) | Detailed matters necessary to deal with follow-up physical examinations, military service dispositions and second enlistment notices and persons invalided under paragraphs (1) and (2) shall be determined and publicized by the Commissioner of the Military Manpower Administration. |
| (4) | Where the chief of staff of each service branch has enrolled soldiers who volunteered to enlist in the military, or officers, warrant officers, noncommissioned officers or officer candidates who were appointed for active duty service as prescribed by the Military Personnel Management Act or the Military Service Act on the military register of the relevant service branch, he shall serve a list of persons enrolled in active duty service (it can be substituted by a written personnel order) on the directors of regional military manpower offices, and the directors of regional military manpower offices in receipt of such list shall send the military service records of persons who have been enrolled in the military register of active duty service to the commanding officers of military units in which they are to enlist. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 30 (Treatment of Persons Expelled from Military Academy, etc.) |
| (1) | When a person receiving education at a military academy, the Korea Army Academy at Yeongcheon or any other officer candidate school has been expelled therefrom, he shall return to his status before he entered such educational institution. |
| (2) | Persons falling under Article 58 (1) or (2) of the Act, who have been expelled from educational institutions prescribed in paragraph (1) for reasons, other than illness, while being educated at such educational institutions, shall be expunged from the military register of persons subject to enrollment on the military register of military surgeons, judicial officers, military chaplains or veterinary officers and shall be managed as persons to be enlisted for active duty service or persons subject to call-up to public duty personnel service. |
| (3) | The heads of officer candidate schools prescribed in paragraph (1) shall promptly forward a list of expelled students (including the period of military training before expulsion from school prescribed in paragraph (7) ) and their military service records to the military register administration agency. |
| (4) | Notwithstanding paragraph (1) , the chief of staff of each service branch may appoint persons who have been expelled from the military academies or the Korea Army Academy at Yeongcheon after having been educated at such educational institutions for not less than one year, upon their request, as an active duty noncommissioned officer or have them serve as an active duty serviceman without undergoing a draft physical examination. |
| (5) | Where the chief of staff of each service branch enlists volunteers as prescribed in paragraph (4) as noncommissioned officers or active duty servicemen, he shall notify the directors of regional military manpower offices thereof. |
| (6) | Persons who are to be enrolled on the military register of active duty officers in the basic career branches as prescribed in Article 59 of the Act, and who have been expelled from educational institutions under paragraph (1) while being educated at such educational institutions for reasons, other than illness, shall be managed as persons to be enlisted for active duty service or persons subject to call-up to public duty personnel service. |
| (7) | For persons falling under any of the following subparagraphs after expelled from educational institutions under paragraph (1), the period of military training at such educational institutions before expulsion shall be included in the period of their military service or mandatory engagement in business: Provided, That this shall not apply in cases where the period of military training does not exceed the period of basic military training {referring to the period of basic military training of active duty servicemen in cases of service as active duty servicemen, and to the period of call-up for education under Article 108 (including cases of being applied mutatis mutandis to Article 113 (2)) in cases of service or mandatory engagement in business as onboard ship reserve service, public duty personnel, expert research personnel and industrial technical personnel} and the period of service shall diminish into six months under Article 63 (2) of the Act. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| 1. | Any of the following persons reinstated as the status before entering educational institutions as prescribed in paragraph (1) : |
| (a) | Persons reinstated as active duty servicemen; |
| (b) | Persons who are to serve or be mandatorilyengaged in business as active duty servicemen (including full-time reserve personnel; hereafter the same shall apply in paragraph (9) ) or as onboard ship reserve service, public duty personnel, expert research personnel and industrial technical personnel within two years after having been reinstated as personnel, other than active duty servicemen; |
| 2. | Person who are to serve as active duty servicemen upon their request as prescribed in paragraph (4) . |
| (8) | The period of military training under paragraph (7) shall be determined by the heads of educational institutions under paragraph (1) in accordance with the standards determined by the chief of staff of each service branch with the approval of the Minister of National Defense. |
| (9) | The chief of staff of each service branch may exempt persons falling under any of the following sub-paragraphs after expelled from educational institutions under paragraph (1) from the basic military training courses, and the starting rank of active duty servicemen shall be prescribed by Ministerial Decree of National Defense. Provided, That persons falling under paragraph (2) of this Decree shall not apply in cases where the period of military training at such educational institutions before expulsion does not exceed the period of call-up for education under Article 108. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| 1. | Persons for whom the period of military training is included in the period of their military service or mandatory engagement in business in accordance with paragraph (7); |
| 2. | Persons falling under any of each items within two years after having been reinstated as status other than active duty service; |
| (a) | Persons who are to serve as the public duty personnel in cases where the period of service shall diminish into six months under Article 63 (2) of the Act; |
| (b) | Persons who are mandatorily engaged in business as onboard ship reserve service, public duty personnel, expert research personnel and industrial technical personnel. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
Section 2 Enlistment and Call-Up of Those to be Called to Full-Time Reserve Service and Transfer to and Performance of Onboard Ship Reserve Service
법령 이단보기
| Article 31 (Enlistment Plan for Those to be Called to Full-Time Reserve Service) |
| (1) | The chief of staff of each service branch shall submit a plan for recruiting full-time reserve personnel in which the number, etc. of persons to be called to full-time reserve service required in the following year by each enlisting military unit, enlistment date, regional military manpower office, and military manpower branch office, to the Commissioner of the Military Manpower Administration, the commanding officers of the enlisting military units, and the commanding officers of the call-up military units, respectively, within the limit of the fixed number determined by the Minister of National Defense by September 30 of each year and, when intending to revise the plan already submitted, shall submit a revision plan by not later than 75 days prior to the date of enlistment. In such cases, when it is necessary to adjust the fixed number, the chief of staff of each service branch shall obtain approval from the Minister of National Defense. |
| (2) | Upon receiving a plan for recruiting full-time reserve personnel pursuant to paragraph (1) , the Commissioner of the Military Manpower Administration shall draw up an enlistment plan for full-time reserve service which allots the number, etc. of persons to be called to full-time reserve service required by each enlisting military unit, enlistment date, regional military manpower office, and military manpower branch office, taking into consideration the number of persons to be called to full-time reserve service, and shall submit it (for a revision plan, by not later than 60 days prior to the date of enlistment) to the chief of staff of each service branch and to the directors of regional military manpower offices without delay. |
| (3) | Upon receiving a plan for recruiting full-time reserve personnel under paragraph (1) , the commanding officer of each call-up military unit shall notify the director of each regional military manpower office of the required number of persons to be called to full-time reserve service by each enlisting military unit, enlistment date, and Si/Gu/Eup/Myeon by October 31 of each year (for a revision plan, by no later than 60 days prior to the date of enlistment): Provided, That the required number of persons shall be notified by Eup Myeon in cases of an Eup/Myeon area in a composite urban-rural city, and over the entire Dong area in cases of a Dong area. |
| (4) | Upon receiving an enlistment plan for full-time reserve service under paragraph (2) and a notice of required number of persons under paragraph (3) , the director of each regional military manpower office shall draft an enforcement plan for enlistment for full-time reserve service, and report it to the Commissioner of the Military Manpower Administration, and forward it to the commanding officers of the call-up military units. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 32 (Notice of Selection, etc. of Persons to be Called to Full-Time Reserve Service) |
When the director of a regional military manpower office selects persons to be called to full-time reserve service pursuant to Article 21 (2) of the Act, or cancels the selection of the said persons under paragraph (4) of the same Article, he shall promptly notify the principal of such fact. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 33 (Determination, etc. of Enlistment Order of Persons to be Called to Full-Time Reserve Service) |
| (1) | With regard to persons who have been selected to be called to full-time reserve service as provided for in Article 21 of the Act, the director of each regional military manpower office shall determine the enlistment order according to Si/Gu/Eup/Myeon: Provided, That the enlistment order shall be determined by Eup/Myeon in cases of an Eup/Myeon area in a composite urban-rural city, and over the entire Dong area in cases of a Dong area. |
| (2) | The standard for determining an enlistment order under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration the desired time for enlistment, date of birth, etc. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 34 (Enlistment, etc. of Persons to be Called to Full-Time Reserve Service) |
| (1) | The enlistment for active duty service of persons to be called to full-time reserve service shall be carried out by Si/Gu/Eup/Myeon: Provided, That it shall be carried out by Eup/Myeon in cases of an Eup/Myeon area in a composite urban-rural city, and over the entire Dong area in cases of a Dong area. |
| (2) | The military unit which a person to be called to full-time reserve service enters shall be determined by the chief of staff of each service branch. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 35 (Treatment, etc. of Enlistment Affairs for Full-Time Reserve Service) |
The service of notices of enlistment in active duty service on persons to be called to full-time reserve service, establishment and operation of enlistment offices, and reports of postponed enlistment shall be governed by Articles 21, 22 and 24. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 36 (Physical Examination for Enlistment of Persons to be Called to Full-Time Reserve Service and Handling of Invalids) |
The physical examination of persons to be called to full-time reserve service for enlistment in active duty service and handling of invalids shall be governed by Articles 23, 25, and 26. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 37 (Period of Active Duty Service, etc. of Persons to be Called to Full-Time Reserve Service) |
| (1) | The period of active duty service for persons enlisted as candidates for full-time reserve service under Article 21 (1) of the Act shall be from the date of enlistment to the date of completing a basic military training. |
| (2) | The period of service of persons called to full-time reserve service under Article 23 (1) of the Act shall be two years, but when the Minister of National Defense deems it necessary on account of the reduction of the period of active duty service, etc. he may reduce the period by up to four months. |
| (3) | The period of service of persons called to full-time reserve service shall be computed from the day of the call-up and, with regard to the number of days not to be included in the period of service, the provisions of Article 27 (2) shall apply mutatis mutandis. |
| (4) | The service period of persons who has been transferred to the reserve service under Article 65 (3) of the Act shall be calculated according to the following equation; however, numbers below decimal shall not be counted. <Added by Presidential Decree No. 23026, Jul. 14, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 38 (Dispatch of Full-Time Reserve Personnel) |
When the chief of staff of each service branch wishes to dispatch persons who have been called to full-time reserve service to an agency, other than a military unit, under Article 23 (4) of the Act, he shall obtain approval from the Minister of National Defense. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 39 (Commanding and Supervision on Dispatched Full-Time Reserve Personnel) |
With respect to persons called to full-time reserve service and dispatched to an agency, other than a military unit, under Article 38 of the Act, the commanding officer of the military unit to which they are assigned or the head of the pertinent agency shall direct and supervise them. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 40 (Discharge of Full-Time Reserve Personnel from Call-up) |
| (1) | Where persons servicing as full-time reserve personnel after call-up fall under any of the following subparagraphs, the chief of staff of each service branch shall discharge them from such call-up. In such cases, the chief of staff of each service branch may entrust such authority to the commanding officers of affiliated military units: |
| 1. | Where the service period prescribed in Article 37 (2) expires; |
| 3. | Where the Minister of National Defense has issued an order for discharge of full-time reserve personnel from a call-up for specific regions or persons subject thereto because he/she acknowledges that it is unnecessary to call to full-time reserve service due to personnel adjustment, etc. |
| (2) | Persons who have been discharged from a call-up because they have fallen under paragraph (1) 3 shall be deemed to have completed full-time reserve service. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 40-2 (Notification of Number of Necessary Persons for Onboard Ship Reserve Service and Allotment thereof) |
| (1) | Each of the following persons who own or manage oil tankers, container ships, LNG carriers, deep sea fishing vessels, or other ships that can transport military personnel, strategic materials, etc. determined by the Commissioner of the Military Manpower Administration to be mobilized in wartime, an incident, or national emergency corresponding thereto shall notify the Minister of Land, Transport and Maritime Affairs of the number of necessary onboard ship reserve personnel for the following year by June 30 of each year: |
| 1. | Ocean transportation industry: Representative of an enterprise having or managing a ship of 500 gross tonnage, which operates ocean transportation business and ocean ship management business; |
| 2. | Fishing industry: Representative of an enterprise having or managing a ship of 200 gross tonnage, which operates deep-sea fisheries or inshore fisheries. |
| (2) | Where the Minister of Land, Transport and Maritime Affairs has been notified by the representative of an ocean transportation enterprise or fishing enterprise (hereafter referred to as "ocean transportation enterprise, etc" in this Section) of the number of necessary persons, he/she shall notify the Commissioner of the Military Manpower Administration thereof by July 31 of each year. |
| (3) | The Commissioner of the Military Manpower Administration shall determine the number of persons that can be transferred to onboard ship reserve service for the following year after consultation with the Minister of Land, Transport and Maritime Affairs insofar as it does not obstruct the supplementation of personnel necessary for the military forces determined by the Minister of National Defense, and allocate them by enterprise considering the size of enterprise, requested number of persons, actual condition of service management, etc. In such cases, detailed matters concerning the allocation of persons for onboard ship reserve service, such as the standards for and methods of allocation by enterprise, etc. shall be determined and publicized by the Commissioner of the Military Manpower Administration. |
| (4) | The Commissioner of the Military Manpower Administration shall notify the representatives of ocean transportation enterprises, etc. of the number of persons allocated for onboard ship reserve service for the following year through the directors of the competent regional military manpower offices (referring to the directors of regional military manpower offices or heads of military manpower branch offices having jurisdiction over the administrative districts in which the main offices of ocean transportation enterprises, etc. are situated; hereafter the same shall apply in this Section). |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 40-3 (Standards and Procedures for Transfer to Onboard Ship Reserve Service) |
| (1) | Persons who can be transferred to onboard ship reserve service shall be those who have a mariner's license or ship engineer's license and work or are determined to work onboard a ship under the subparagraphs of Article 40-2 (1) , among persons falling under Article 21-2 (1) 1 of the Act, or persons subject to enlistment in active duty service and falling under subparagraph 2 of the same paragraph. |
| (2) | Persons who intend to be transferred to onboard ship reserve service as prescribed in paragraph (1) shall submit an application for transfer to onboard ship reserve service (including applications in electronic format) together with the documents prescribed by Ministerial Decree of National Defense to the representatives of ocean transportation enterprises, etc. |
| (3) | The representatives of ocean transportation enterprises, etc. who have received applications for transfer to onboard ship reserve service under paragraph (2) shall determine persons for recommendation within the extent of the number of persons allocated by enterprise under Article 40-2 (3), and submit to the director of the competent regional military manpower office within seven days (by not later than five days before enlistment date in cases of persons who have been notified of enlistment) from the day they received such applications. |
| (4) | The director of the competent regional military manpower office who has received applications for transfer to onboard ship reserve service under paragraph (3) shall determine whether to transfer the applicants to onboard ship reserve service after confirming the applicants' qualifications, number of persons allocated by enterprise, etc., and notify the applicants of the results through the representatives of the ocean transportation enterprises, etc. |
| (5) | Persons transferred to onboard ship reserve service as prescribed in paragraph (4) shall be deemed to have been called up when they board a ship under the subparagraphs of Article 40-2 (1) : Provided, That persons who have already embarked on the relevant ship shall be deemed to have been called up on the date their transfer was determined. |
| (6) | Deleted. <by Presidential Decree No. 22286, Jul. 21, 2010> |
| (7) | Where the Minister of Land, Transport and Maritime Affairs designates or changes educational institutions under Article 21-2 (1) 2 of the Act, he/she shall notify the Minister of National Defense thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 40-4 (Service of Onboard Ship Reserve Personnel) |
| (1) | Those transferred to onboard ship reserve service shall, within five years therefrom, work onboard a ship (referring to a ship of 500 gross tonnage in cases of the ocean transportation industry, and to a ship of 200 gross tonnage in cases of the fishing industry) of an enterprise under Article 40-2 (1) as ship personnel under subparagraph 3 of Article 2 of the Ship Personnel Act for three years. |
| (2) | Those transferred to onboard ship reserve service may move to enterprises having ships under the subparagraphs of Article 40-2 (1) and work onboard ships of the relevant size. In such cases, the heads of ocean transportation enterprises, etc. which onboard ship reserve personnel intend to work may allow them to work as onboard ship reserve personnel within the extent of the number of persons allotted by enterprise for the year in which the relevant personnel moved to work to onboard reserve service. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (3) | Notwithstanding the latter part of paragraph (2), where a person transferred to onboard ship reserve service intends to move to another enterprise to work onboard a ship because any event falling under any of the following sub-paragraphs has occurred, such person shall be deemed a person allocated to the enterprise to which such person intends to move. Provided, That such person shall receive the permission from the director of each regional military manpower office under this paragraph (3). Items necessary for the procedure of the permission shall be determined by the Commissioner of the Military Manpower Administration. <Amended by Presidential Decree No. 22286, Jul. 21, 2010; Decree No. 23305, Nov. 23, 2011> |
| 1. | Where the enterprise engaged in business has been closed, suspended, locked out or shut down; |
| 2. | Where the enterprise engaged in business has not maintained the ship falling under any of sub-paragraphs of Article 40-2 of this Decree; |
| 3. | Where an unavoidable reason by which a person is unable to work onboard a ship of the enterprise engaged in business has occurred due to sale, etc. of the ship he is working onboard. |
| (4) | The period of onboard service of onboard ship service personnel shall be from the embarkation date to the disembarkation date entered in the register of seafarer authorized by a maritime and harbor administrative agency as prescribed in Article 44 (3) of the Seafarers Act, or to the disembarkation date in the authorized seamen's pocket ledger under the proviso to Article 45 (3) of the same Act or the guarantee letter for seamen. In such cases, for persons who have worked onboard ships after moving to other enterprises as prescribed in paragraph (2) , the period of onboard service in each enterprise shall be added up. <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| (5) | The provisions on vacation under Articles 69 through 71 of the Seafarers Act shall apply mutatis mutandis to the vacation of onboard ship reserve personnel. In such cases, the number of vacation days shall be included in the period of their onboard ship service. <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| (6) | Where any member of onboard ship reserve personnel is on temporary leave due to a work-related injury, disease or physical disability under Article 94 (1) or 97 of the Seafarers Act, the period of such leave shall be included in computing the period of his onboard ship duty. <Added by Presidential Decree No. 22286, Jul. 21, 2010; Presidential Decree No. 23620, Feb. 3, 2012> |
| (7) | Persons called to onboard ship service shall neither engage in duties for a profit-making purpose, other than onboard ship service, nor hold an additional position. |
| (8) | The directors of the competent regional military manpower offices may provide education concerning the onboard ship reserve system to onboard ship reserve personnel, and may request the representatives of ocean transportation enterprises, etc. to provide cooperation for the smooth implementation of such education. |
| (9) | Detailed matters concerning service management in addition to the matters prescribed in paragraphs (1) through (8) shall be determined by the Commissioner of the Military Manpower Administration. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 40-5 (Management of Onboard Ship Reserve Personnel) |
| (1) | The directors of the competent regional military manpower offices shall prepare and manage a list and the military service records of persons transferred to onboard ship reserve service. |
| (2) | The representatives of ocean transportation enterprises, etc. in which onboard ship reserve personnel are working shall manage the service of the onboard ship reserve personnel. |
| (3) | The representatives of ocean transportation enterprises, etc. who manage service as prescribed in paragraph (2) shall manage a list of onboard ship reserve personnel of the relevant enterprises and military service records. In such cases, the representatives of the ocean transportation enterprises, etc. shall organize the military service records of onboard ship reserve personnel by entering matters concerning service, such as embarkation, disembarkation, vacation, call-up for education, etc. therein and, where onboard ship reserve personnel move to a ship owned by another enterprise as prescribed in Article 40-4 (2) , forward the military service records to the representative of such another ocean transportation enterprise, etc. in which the onboard ship reserve personnel work anew. |
| (4) | Matters necessary for the management of onboard ship reserve personnel in addition to the matters prescribed in paragraphs (1) through (3) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 40-6 (Notification of Changes in Status) |
| (1) | "Cause prescribed by Presidential Decree" in subparagraph 8 of Article 23-3 of the Act means any of the following: <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| 1. | Where the name of an ocean transportation enterprise, etc. is changed or its place of business is relocated; |
| 2. | Where an ocean transportation enterprise no longer owns vessels falling under the subparagraphs of Article 40-2 (1) ; |
| 3. | Where the onboard ship reserve personnel are moved to provide serve pursuant to Article 40-4 (2) ; |
| 4. | Where the onboard ship reserve personnel are granted vacation pursuant to Article 40-4 (5) ; |
| 5. | Where the onboard ship reserve personnel are on temporary leave due to a work-related injury, disease or physical disability under Article 94 (1) or 97 of the Seafarers Act. |
| (2) | Where the director of the competent regional military manpower office receives a notice under paragraph (1) 1 and 2 of this Article or subparagraph 7 of Article 23-3 of the Act from the representative of an ocean transportation enterprise, etc., he/she shall notify the Commissioner of the Military Manpower Administration thereof within seven days after the receipt of such notice. |
[This Article Wholly Amended by Presidential Decree No. 22286, Jul. 21, 2010]
법령 이단보기
| Article 40-7 (Treatment of Persons whose Transfer to Onboard Ship Reserve Service is Canceled) |
| (1) | Where the director of the competent regional military manpower office has canceled the transfer of any member of onboard ship reserve personnel pursuant to Article 23-4 (1) of the Act, he/she shall notify the representative of the relevant ocean transportation enterprise, etc. thereof. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| (2) | The representative of an ocean transportation enterprise, etc. who has received a notice under Article 23-4 (1) of the Act shall send the military service record of the relevant member to the director of the competent regional military manpower office. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| (3) | The director of the competent regional military manpower office shall forward the military service record of such person whose transfer to onboard ship reserve service has been cancelled under paragraph (1) to the director of the regional military manpower office who had jurisdiction over such person before the transfer to onboard ship reserve service. In such cases, the head of the competent regional military manpower office shall forward the military service record of a person falling under the main sentence of paragraph (5) which clearly states the reduced service period. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| (4) | Deleted. <by Presidential Decree No. 22286, Jul. 21, 2010> |
| (5) | The chief of staff of each service branch, the director of each regional military manpower office or the head of each military manpower branch office shall reduce the service period of persons pursuant to Article 23-4 (3) of the Act who are enlisted as active duty servicemen or called to public duty personnel service because their transfer to onboard ship reserve service has been cancelled, by one month for every four months of onboard ship reserve service limited to those who served onboard a ship for one or more year: Provided, That in cases of persons whose service period is adjusted to six months as prescribed in Article 63 (2) of the Act, this shall not apply. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 40-8 (Expiration, etc. of Service Period) |
| (1) | The representatives of ocean transportation enterprises, etc. shall forward a list of persons under their supervision as onboard ship reserve personnel, whose service period expires, and their military service records to the directors of the competent regional military service offices by the tenth day of the month immediately preceding the month in which the relevant service period expires. |
| (2) | When a member of the onboard ship reserve personnel completes his service period, the director of the competent regional military office shall issue a disposition for expiration of service on the first day of the month in which the service period expires, clearly stating the date of service expiration, and notify the director of the regional military manpower office and representative of the ocean transportation enterprise, etc. in which such member of the onboard ship reserve personnel is in serve of such fact. In such cases, the director of the competent regional manpower office shall deliver the certificate of military service organized after inserting the detail of disposition to the relevant member through the representative of the ocean transportation enterprise, etc. |
| (3) | With regard to persons subject to a disposition for service expiration of onboard ship reserve service under paragraph (2) , their call-up shall be deemed cancelled on the day of expiration of their period of service. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 40-9 (Inspection on Actual Conditions, etc. of Onboard Ship Reserve Personnel) |
| (1) | The scope of inspection on actual conditions to be conducted under Article 23-5 of the Act shall be as follows: |
| 1. | Possession and management status of vessels under the subparagraphs of Article 40-2 (1) ; |
| 2. | Management status of onboard ship reserve personnel pursuant to Article 40-5; |
| 4. | Status, etc. of keeping documents related to the duties of onboard ship reserve personnel. |
| (2) | The director of each competent regional military manpower office shall conduct a survey on actual status according to the following classification: Provided, That ocean transportation enterprises, etc. deemed excellent in the management of duties based on the result of the regular inspection may be exempted from the regular inspection for the following year: |
| 1. | Regular inspection: Inspection conducted annually; |
| 2. | Occasional inspection: Inspection conducted when the director of the competent regional military manpower office deems necessary. |
| (3) | The representative of an ocean transportation enterprise, etc. which is to receive an inspection on actual conditions pursuant to paragraph (2) shall fully cooperate with such inspection. |
| (4) | The director of the competent regional military manpower office shall, when he/she has conducted an inspection on actual conditions pursuant to paragraph (2) , report the results therof to the Commissioner of the Military Manpower Administration. |
| (5) | The director of the competent regional military manpower office may evaluate ocean transportation enterprises, etc. for their actual status of management of service depending on the results of an inspection on actual conditions. |
| (6) | The methods and criteria for evaluating ocean transportation enterprises, etc., and matters concerning the use of the evaluation results, such as preferential treatment for ocean transportation enterprises, etc. with excellent evaluation scores pursuant to paragraph (5) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Added by Presidential Decree No. 22286, Jul. 21, 2010]
법령 이단보기
| Article 41 (Consultations on Required Number of Personnel, etc. for Secondment) |
| (1) | The Minister of Justice, the Administrator of the National Emergency Management Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard shall, where he/she intends to determine the required number of persons for or persons recommended as correctional facility guards, mandatory fire-fighting unit personnel or riot police members under Articles 24 and 25 of the Act, consult in advance with the Minister of National Defense. |
| (2) | When the Minister of National Defense has received a request for consultation as provided for in paragraph (1) , he shall comply with the request to the extent that does not hinder recruiting personnel needed in the troops. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 42 (Secondment by Allocation) |
| (1) | The Minister of Justice, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard shall make a request to the Minister of National Defense by the end of February, in cases where he intends to obtain the allocation of the required number of personnel for scheduled appointment to correctional facility guards or riot police members who perform anti-espionage operations in the following year under Article 24 (1) of the Act. |
| (2) | Upon receipt of a request for allocation of required personnel under paragraph (1) , the Minister of National Defense shall second persons from among those who have completed the designated military training after enlisted in active duty service under Article 24 (2) of the Act, and forward the list of seconded personnel clarifying the estimated period of secondment (it can be substituted by a written personnel order; hereinafter the same shall apply) and their military service records to the Minister of Justice, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 43 (Secondment by Recommendation) |
| (1) | The Administrator of the National Emergency Management Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard shall make a request to the Minister of National Defense by the end of February for the allocation of recommended personnel, in cases where he/she intends to recommend the personnel for scheduled appointment to mandatory fire-fighting unit personnel or riot police members who perform the duties of assisting the public order services in the following year under Article 25 (1) of the Act. |
| (2) | The Administrator of the National Emergency Management Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard shall forward a list of personnel recommended as mandatory fire-fighting unit personnel or riot police members who perform the duties of assisting the public order services under Article 25 (1) of the Act to the Commissioner of the Military Manpower Administration by not later than 50 days prior to the time limit for enlistment (in cases of scheduled graduates of the Police College to serve in the riot police unit after graduation, not later than January 15 of the graduation year). |
| (3) | The Commissioner of the Military Manpower Administration shall, upon receipt of the list of personnel recommended by the Administrator of the National Emergency Management Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard under paragraph (2) , forward it to the director of a regional military manpower office by not later than 45 days prior to the time limit for enlistment, and the director of each regional military manpower office shall forward to the commanding officer of the military unit, the list of those subject to enlistment and the military service records, after forwarding to the principal a notice of enlistment in active duty service by not later than 30 days prior to the time limit for enlistment. |
| (4) | The commanding officer of the military unit in receipt of the list of those subject to enlistment under paragraph (3) shall, where those subject to enlistment have enlisted in the military, forward to the director of the regional military manpower office, the list of those enlisted (it can be substituted by a written personnel order) and the list of those not enlisted (including invalids), and their military service records. |
| (5) | The Minister of National Defense shall second those enlisted under paragraph (4) after having them complete the designated military education, and forward to the Administrator of the National Emergency Management Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard, the list of secondment personnel clarifying the estimated period of secondment and their military service records. |
| (6) | The director of each regional military manpower office shall manage those in receipt of a notice of enlistment in active duty service under paragraph (3) , who have been invalided under Article 25 (2) , or whose time limit for enlistment has been extended under Article 129, as persons with the status before the recommendation. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 44 (Administration of Military Register of Secondment Personnel) |
Upon receiving the military service records under Article 42 (2) or 43 (5) of the Act, the Minister of Justice, the Administrator of the National Emergency Management Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard shall record and organize the service, promotion, rewards, penalties, personal changes, etc. of seconded persons. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 45 (Cancellation of Secondment for Persons Subject to Change of Assignment to Military Service) |
| (1) | With regard to persons who have been seconded to correctional facility guards, mandatory fire-fighting unit personnel, or riot police members, and who fall under any of the reasons for change of assignment to military service under Article 65 (1), (2), (3) and (10) of the Act, the Minister of Justice, the Administrator of the National Emergency Manpower Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard shall request the Minister of National Defense to cancel the secondment without delay. <Amended by Presidential Decree No. 22286, Jul. 21, 2010; Decree No. 23305, Nov. 23, 2011> |
| (2) | Upon receiving a request for cancellation of secondment under paragraph (1) , the Minister of National Defense shall cancel the secondment of persons falling under any of the reasons for change of assignment to military service and then change their military service disposition under Article 137 (1) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 46 (Discharge from Military Service of Persons whose Secondment Period Expires) |
| (1) | The Minister of Justice, the Administrator of the National Emergency Manpower Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard shall inform the Minister of National Defense of a list of persons whose period of secondment service as correctional facility guards, mandatory fire-fighting unit personnel, or riot police members is to expire, by no later than the 15th day of the month prior to the month in which the secondment period expires. |
| (2) | Upon receiving a notice prescribed in paragraph (1) , the Minister of National Defense shall discharge such persons from secondment service and transfer them to reserve service on the day the period of their secondment service expires, and shall notify the Minister of Justice, the Administrator of the National Emergency Manpower Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard and the director of each regional military manpower office of the list of such persons by no later than ten days prior to their transfer to reserve service. |
| 1. | Private guard, private fireman and private police officer: Private; |
| 2. | Private first class guard, private first class fireman and private first class police officer: Private first class; |
| 3. | Corporal guard, corporal fireman and corporal police officer: Corporal; |
| 4. | Sergeant guard, sergeant fireman, sergeant police officer, and graduate of the Korea National Police University: Sergeant; |
| 5. | Special guard, special fireman and special police officer: Staff sergeant. |
| (4) | The Minister of National Defense may entrust his authority pertaining to secondment service, cancellation of secondment service, change of assignment to military service and transfer of persons whose secondment service period expires to reserve service under Articles 42, 43, 45 and paragraph (2) of this Article to the chief of staff of each service branch or the commanding officers of military units to which such persons belong. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER V SERVICE OF SUPPLEMENTAL SERVICE PERSONNEL
Section 1 Service of Public Duty Service Personnel
법령 이단보기
| Article 47 (Scope of Public Organizations) |
| 3. | Fisheries information and communications stations; |
| 5. | Institutions prescribed by Ministerial Decree of National Defense, among non-profit organizations having public interest purposes and financially supported directly or indirectly by the State or a local government. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 47-2 (Recommendation of Art and Sports Personnel for Public Duty Service) |
| (1) | "Persons with special skills in the field of art or sports prescribed by Presidential Decree" in Article 26 (2) 2 of the Act means those who fall under any of the following subparagraphs: <Amended by Presidential Decree No. 22560, Dec. 29, 2010> |
| 1. | A person who has won the second or a higher prize in an international art competition acknowledged by the Commissioner of the Military Manpower Administration; |
| 2. | A person who has won the first prize in a national art competition (limited to competitions in a field which does not have international competition, such as traditional Korean music, etc.) acknowledged by the Commissioner of the Military Manpower Administration; |
| 3. | A person who has undergone special education for not less than five years on important intangible cultural properties under Article 24 of the Cultural Heritage Protection Act and earned qualifications in a field which is acknowledged by the Commissioner of the Military Manpower Administration; |
| 4. | A person who has won the third or a higher prize in the Olympic Games (for a team competition, limited to those who have actually participated in the competition); |
| 5. | A person who has won the first prize in the Asian Games (for a team competition, limited to those who have actually participated in the competition). |
| (2) | Persons who fall under any subparagraph of paragraph (1) and wish to serve as public duty personnel under Article 26 (1) 3 of the Act (hereinafter referred to as "art and sports personnel") shall submit a written application for recommendation for art and sports personnel (including any written application for recommendation in electronic format), with a prizewinning confirmation and other necessary documents, to the Minister of Culture, Sports and Tourism. |
| (3) | Upon receiving a written application for recommendation for arts and sports personnel as provided for in paragraph (2) , the Minister of Culture, Sports and Tourism shall notify the Commissioner of the Military Manpower Administration of a list of nominees within 14 days. |
| (4) | Art and sports personnel shall serve in such fields as determined by the Commissioner of the Military Manpower Administration. |
법령 이단보기
| Article 47-3 (Classification, etc. of Service Field of Public Duty Personnel) |
| 1. | Social welfare duties: Support for operation of social welfare facilities, support for social welfare duties of local governments, etc.; |
| 2. | Health and medical service duties: Support for duties of protection and improvement of national health, such as prevention of epidemics, food sanitation, etc., support for duties of rescue of patients, such as emergency relief, patient transport, etc.; |
| 3. | Educational and cultural duties: Support for learning, such as guidance, etc. to courses, specialties and aptitude, support for activities of disabled students of elementary schools, middle schools and high schools, support for management of cultural properties, such as palaces, royal mausoleums, etc.; |
| 4. | Environmental and safety duties: Support for environmental protection and surveillance, support to safety management of disasters, etc.; |
| 5. | Administrative duties: Support for general administration, support for security of administrative agencies, etc. |
| (2) | Matters necessary for functions by field of service, form of service, etc. under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Added by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 48 (Request for Allotment of Public Duty Personnel) |
| (1) | The heads of State agencies, local governments, or public organizations (hereinafter referred to as "heads of service institutions") in need of public duty personnel under Article 26 (1) 1 and 2 of the Act (hereinafter referred to as "administrative agency personnel") shall request allotment of the public duty personnel required by them for the following year, by March 31 of each year, to the director of a regional military manpower office. In such cases, requests for allotment of the public duty personnel to be assigned to social and welfare facilities shall be made by 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). |
| (2) | When the head of a service institution intends to make a request for allotment of administrative agency personnel under paragraph (1) , he/she shall submit a plan for utilization of the public duty personnel which records the required number of personnel for each area of service, field of service, form of service, etc. |
| (3) | The Minister of Foreign Affairs and Trade shall request allotment of public duty personnel under Article 26 (1) 4 of the Act (hereinafter referred to as "international cooperation service personnel") required in the following year by March 31 of each year to the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 49 (Allotment of Administrative Agency Personnel, etc.) |
| (1) | Upon receiving a request for allotment of administrative agency personnel under Article 48 (1) , the director of each regional military manpower office shall investigate necessary matters, such as necessity for public interest, conditions for service, etc., determine the number of personnel to be allotted for each service institution, field of service and form of service by April 30 of each year, make a report to the Commissioner of the Military Manpower Administration, and notify the heads of such service institutions of the results by May 20 of each year. |
| (2) | The director of a regional military manpower office may, when he/she determines the number of personnel to be allotted pursuant to paragraph (1) , restrict the number of such personnel, taking into account the actual state, etc. of the operation of the administrative agency personnel working for service institutions by the relevant year and may cancel the allotment before the allotted personnel commence their service. |
| (3) | Necessary matters concerning the standards, methods, etc. of allotment of administrative agency personnel referred to in paragraphs (1) and (2) shall be determined and publicized by the Commissioner of the Military Manpower Administration. |
| (4) | Upon receiving a request for allotment of international cooperation service personnel under Article 48 (3) , the Commissioner of the Military Manpower Administration shall investigate necessary matters for the public interest, conditions for service, qualifications, etc., and determine the number of personnel to be allotted for each service institution and field of service by April 30 of each year, and shall notify the Minister of Foreign Affairs and Trade thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 50 (Plan, etc. for Call-up of Public Duty Personnel) |
| (1) | The Commissioner of the Military Manpower Administration shall draft a plan for call-up of public duty personnel for the following year which records the number of personnel for call-up on a monthly basis, etc. and shall forward it to the directors of regional military manpower offices by no later than October 31 of each year. |
| (2) | Upon receiving a plan for call-up of public duty personnel under paragraph (1) , the director of each regional military manpower office shall draft a plan to execute the call-up of public duty personnel which records and classifies persons to be called to public duty personnel service by Si/ Gun/ Gu, by period, classification and form of service and on a monthly basis, report it to the Commissioner of the Military Manpower Administration by November 10 of each year, and shall notify the heads of service institutions (in cases of art and sports personnel, referring to the Minister of Culture, Sports and Tourism, and in cases of international cooperation service personnel, the Minister of Foreign Affairs and Trade) alloted with the required number of public duty personnel of the scheduled number of personnel. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 51 (Execution of Call-up of Public Duty Personnel) |
| (1) | When the director of a regional military manpower office determines the order of call-up of public duty personnel under Article 28 (1) of the Act, he/she shall prepare a register of orders of the call-up of public duty personnel by Si/Gun/Gu. |
| (2) | The call-up of administrative agency personnel shall be made on persons whose order of call-up to public duty service personnel service has been set after deciding on institutions where they are to serve: Provided, That public duty personnel selected under Article 26 (4) of the Act and supplemental service personnel who have not been called for education under Article 55 (3) of the Act may be called after the relevant service institution, service type, and service field are determined. |
| (3) | The director of a regional military manpower office may, when the head of a service institution having induction and work facilities for administrative agency personnel files a request that the said personnel be in service while staying together with other public duty personnel under the proviso to Article 31 (4) of the Act, allow such. |
| (4) | With regard to administrative agency personnel who have received a notice of call-up to public duty personnel service and who reside alone, the director of a regional military manpower office may execute the call-up in the region where their parents and families reside upon their request. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 52 (Persons to be Separately Called to Public Duty Personnel Service) |
Persons who may choose not to comply with the order of call-up to public duty personnel service under Article 29 (2) of the Act and who may be separately called to public duty personnel service shall be as follows: <Amended by Presidential Decree No. 22290, Jul. 21, 2010; Presidential Decree No. 23026, Jul. 14, 2011> | 1. | Military student officer candidates or military surgeon candidates, judicial officer candidates, military chaplain candidates or veterinary officer candidates who are to be called after they have been expunged from the relevant military register; |
| 2. | Persons who are to be called on account of cancellation of their transfer to serve as public health doctors, doctors exclusively in charge of the draft physical examination, international cooperative doctors, public service advocates, or public quarantine veterinarians under Articles 35 (3) and (4), 35-2 (3) and (4), 35-3 (2) and (4) of the Act; |
| 3. | Persons whose reasons for postponement of call-up to public duty personnel service have ceased to exist; |
| 4. | Persons who have returned to Korea from overseas and who are to be called up; |
| 5. | Persons who have evaded a call-up to public duty personnel service and against whom penal sanction or statute of limitations for prosecution has expired; |
| 6. | Persons whose transfer to expert research personnel service, industrial technical personnel service, etc. has been cancelled and are to be called up; |
| 7. | Persons transferred to supplemental service under Article 137 (1) 3; |
| 8. | Other persons deemed necessary by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 53 (Service, etc. of Notice of Call-up to Public Duty Personnel Service) |
| (1) | The director of each regional military manpower office shall serve a notice of call-up to public duty personnel service upon the relevant person by not later than 30 days prior to the call-up date: Provided, That a notice of call-up to public duty personnel with respect to art and sports personnel or international cooperation service personnel may be forwarded to the Minister of Culture, Sports and Tourism or the Minister of Foreign Affairs and Trade. |
| (2) | The Minister of Culture, Sports and Tourism or the Minister of Foreign Affairs and Trade who has received a notice of call-up to public duty personnel service under paragraph (1) shall serve the said notice on the relevant person by not later than 30 days prior to the day of call-up, and shall notify the results to the director of the regional military manpower office. |
| (3) | When the director of a regional military manpower office has served a notice of call-up to public duty personnel service under paragraph (1) , he/she shall forward a list of persons subject to call-up who are to serve in an institution on the head of such institution where the public duty personnel are to serve (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, and to the Minister of Foreign Affairs and Trade in cases of international cooperation service personnel). |
| (4) | With regard to persons subject to a separate call-up to public duty personnel service in accordance with Article 52, the period of forwarding and service of a notice of the call-up to public duty personnel service may be reduced notwithstanding the provisions of paragraphs (1) and (2) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 54 (Establishment and Operation of Custody and Admissions Offices for Public Duty Personnel) |
| (1) | The director of a regional military manpower office may establish a custody and admissions office after consultation with the heads of service institutions (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, and to the Minister of Foreign Affairs and Trade in cases of international cooperation service personnel) where public duty personnel are to serve, in order to manage affairs with regard to the custody and admission of persons subject to call-up to public duty personnel service. |
| (2) | The director of each regional military manpower office shall dispatch a custody officer to escort persons subject to call-up to public duty personnel service and the head of each service institution (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, and to the Minister of Foreign Affairs and Trade in cases of international cooperation service personnel) shall dispatch an admissions officer to admit persons subject to call-up. |
| (3) | In accordance with a list of persons subject to call-up to public duty personnel under Article 53 (1) and (3) , the custody officer shall escort persons subject to call-up to public duty personnel service to the admissions officer, and prepare two copies of report of custody and admission and deliver one copy to the admissions officer. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 55 (Report, etc. of Postponement of Responding to Call-Up) |
| (1) | Persons subject to call-up to public duty personnel service who cannot comply with the date of the call-up due to a natural disaster, traffic paralysis, delayed service of the notice, and other extenuating circumstances may postpone their response to the call-up within three days from the date of the call-up. |
| (2) | Persons who seek to postpone the response to a call-up under paragraph (1) shall report to postpone their response to the call-up to the director of the regional military manpower office and comply with the date of the postponed call-up, and may report it through telegram or telephone when any extenuating circumstances exist. |
| (3) | The director of each regional military manpower office shall notify the heads of service institutions (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, and to the Minister of Foreign Affairs and Trade in cases of international cooperation service personnel) where public duty personnel are to serve, of a list of persons who are to postpone the response to a call-up under paragraph (1) . |
| (4) | When the heads of service institutions, the Minister of Culture, Sports and Tourism, or the Minister of Foreign Affairs and Trade has been notified of a list of persons who are to postpone the response to a call-up under paragraph (3) , he/she shall confirm whether or not the postponed call-up has been responded on the reported day and notify the directors of the regional military manpower offices of a list of persons who have not responded to such call-up. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 56 (Period of Service, etc. of Public Duty Personnel) |
| (1) | The period of service of public duty personnel shall commence from the date they are called to public duty personnel service in accordance with the provisions of Article 29 of the Act. |
| (2) | With regard to the calculation of the number of days not included in the period of service of public duty personnel under Article 30 (2) of the Act, the provisions of Article 27 (2) shall apply mutatis mutandis. |
| (3) | The provisions of Articles 59 (2) and 67 (2) shall apply mutatis mutandis to the calculation of service period of international cooperation service personnel. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 57 (Discharge from Call-up of Public Duty Personnel) |
| (1) | The heads of service institutions where public duty personnel are in service (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, and to the Minister of Foreign Affairs and Trade in cases of international cooperation service personnel) shall forward a list, military service records of supplemental service and military service certificates of persons whose service period is to expire as provided for in Article 56, to the directors of regional military manpower offices by no later than the 10th day of the month prior to the month of service expiration. |
| (2) | The director of each regional military manpower office shall specify the date of discharge from call-up on the first day of the month in which the discharge from call-up is to be executed, and accordingly discharge the relevant person from call-up, and forward the document indicating the disposition of discharge from call-up to public duty personnel service and the certificate of military service, which records and organizes the fact of the discharge, to the head of the service institution, etc. under paragraph (1) , and have the certificate of military service delivered to the person in question on the date of discharge. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 58 (Working Hours of Administrative Agency Personnel) |
| (1) | The provisions of Article 9 of the State Public Official Service Rules shall apply mutatis mutandis to the working hours of administrative agency personnel. |
| (2) | The head of a service institution may, when he/she deems it necessary, change the working hours after consultation with the director of a regional military manpower office, taking into consideration the type, nature, area of service or specialty of such institution. |
| (3) | The standard for calculating the number of work days according to the change of working hours as provided for in paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 59 (Vacation of Administrative Agency Personnel) |
| (1) | The heads of service institutions may grant leave to the administrative agency personnel pursuant to the following classification: <Amended by Presidential Decree No. 22752, Mar. 29, 2011> |
| 1. | Annual leave: Within 31 days in total, according to the period of service; |
| (a) | Where the principal is to wed: Not more than five days; |
| (b) | Where his spouse dies, or any parent of the principal or his spouse dies: Not more than five days; |
| (c) | Where his parent, sibling, or spouse is in a critical condition, and no one is available to attend thereon: Not more than three days; |
| (d) | Where his lineal descendant dies, or any grandparent or maternal grandparent of the principal or his spouse dies: Not more than two days; |
| (e) | Where any sibling of the principal or his spouse dies: one day; |
| (f) | Where his spouse gives birth: Not more than five days; |
| (a) | Where one is unable to perform his duty due to an injury or illness in the course of duty, the period during which he is unable to perform his duty; |
| (b) | Where one is unable to perform his duty due to an injury or illness that has occurred irrespective of his duty, the period during which he is unable to perform his duty; |
| 4. | Official leave: A necessary period is given in any of the following cases: |
| (a) | Where he is summoned to the National Assembly, court of law, public prosecutors' office, or other State agencies with regard to his duty; |
| (b) | Where he seeks to participate in voting in accordance with Acts; |
| (c) | Where it is impossible to work due to natural disasters, traffic paralysis, or other reasons; |
| 5. | Special leave: Not more than five days per annum where he falls under any of the following items: |
| (a) | Where he is acknowledged as an exemplary personnel by virtue of his excellent merits; |
| (b) | Where there is a need to consolate a person for his special service or a person in an inferior work environment; |
| (c) | Where he is officially commended for good conduct, etc. |
| (2) | In cases where sick leave under paragraph (1) 3 (b) exceeds 30 days in the aggregate, the number of days exceeding 30 days shall not be included in the period of service. |
| (3) | The head of each service institution shall, where administrative agency personnel are required to attend classes in the course of study by means of telecommunications or remote classes pursuant to subparagraph 4 of Article 65-3, grant them annual leave referred to in paragraph (1) 1 to attend such classes unless special grounds exist to the contrary. |
| (4) | Matters necessary for the number of days for annual leave, etc. according to the period of service referred to in paragraph (1) 1 shall be prescribed by Ministerial Decree of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 60 (Standards for Service of Art and Sports Personnel) |
The Minister of Culture, Sports and Tourism shall determine the standard of service of art and sports personnel and shall carry out the supervision and direction of art and sports personnel under Article 31 (3) of the Act in accordance with such standard. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 61 (Scope of Region from which It is Difficult to Commute to and from Work) |
The scope of the region from which it is recognized as difficult to commute to and from work under Article 31 (4) of the Act shall be as follows: | 1. | A remote island from which it is impossible to commute to and from work by a regular liner; |
| 2. | A region from which the distance to the workplace exceeds eightkm one way on foot due to absence of a fixed bus line; |
| 3. | A region from which it takes three or more hours to commute to and from work via a fixed bus line or ship; |
| 4. | Other regions recognized by the Commissioner of the Military Manpower Administration to be difficult to commute to and from work. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 62 (Remuneration, etc. for Administrative Agency Personnel) |
| (1) | The remuneration equivalent to that of active duty service personnel shall be paid by the head of the relevant service institution from the date of call-up for education to administrative agency personnel according to the following standards: Provided, That in cases of persons transferred to supplemental service under Article 137 (1) 3, the period obtained by subtracting the period of supplemental service calculated under Article 92-2 from the mandatory service period of supplemental service personnel shall be added to the following standard period for calculation of remuneration by rank: |
| 1. | From the month of call-up to the sixth month: Remuneration of a private; |
| 2. | From the seventh month from the month of call-up to the 13th month: Remuneration of a private first class; |
| 3. | From the 14th month from the month of call-up to the 21st month: Remuneration of a corporal; |
| 4. | From the 22nd month from the month of call-up: Remuneration of a sergeant. |
| (2) | Administrative agency personnel shall be provided with travelling expenses, meal allowances, and other related expenses necessary for the performance of their duties in addition to remuneration under paragraph (1) and, if they serve while staying together with other public duty personnel, they shall be provided with room and board and daily necessities. |
| (3) | The Commissioner of the Military Manpower Administration shall determine standards for dress code of public duty personnel, such as a uniform, name tag, cap, etc.: Provided, That where it is necessary for the heads of service institutions to determine separate standards for dress code due to peculiarities of duties, they may determine separate standards after consultation with the Commissioner of the Military Manpower Administration. |
| (4) | The heads of service institutions shall provide administrative agency personnel with uniforms, name tags, caps, etc. in accordance with the standards for dress code under paragraph (3) at the expense of such institutions and have such administrative agency personnel wear or affix them. |
| (5) | Notwithstanding paragraphs (1) , (2) and (4) , the Commissioner of the Military Manpower Administration or the heads of central administrative agencies in charge of service institutions may pay remuneration to public duty personnel performing social service duties and travel expenses necessary for the performance of duties which the heads of service institutions pay within budgetary limits. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 63 (Scope of Service Management of and Supervision over Administrative Agency Personnel) |
Pursuant to Article 31-2 (2) of the Act, the Commissioner of the Military Manpower Administration has power to control, manage, and supervise administrative agency personnel in connection with the following matters: | 1. | Matters concerning activities for preventing poor service through inspections of actual state of their service in the field, corrective measures and guidance, etc.; |
| 2. | Matters concerning protection of rights through counselling, handling grievances, etc.; |
| 3. | Matters concerning criminal accusation of breachers of the duty of service, etc.; |
| 4. | Other matters deemed necessary by the Commissioner of the Military Manpower Administration in connection with their service. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 64 (Handling Grievances of Public Duty Personnel) |
| (1) | Public duty personnel may request consultation on their personal affairs or consideration of their grievances with the heads of the service institutions (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, and to the Minister of Foreign Affairs and Trade in cases of international cooperation service personnel), and the heads of the service institutions, etc. shall not give any disadvantage to them on account of such request. |
| (2) | The head of the service institution, etc. who has received a request under paragraph (1) shall carry out a review according to a just procedure or settle the grievance following consultation for fair settlement. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 64-2 (Management, etc. of Public Duty Personnel Resources) |
| (1) | The director of each regional military manpower office shall manage the register of the order of call-up to public duty personnel service, military service records, etc. with respect to persons to be called to public duty personnel service. |
| (2) | The heads of service institutions where public duty personnel are in service (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, and to the Minister of Foreign Affairs and Trade in cases of international cooperation service personnel) shall keep on file and manage a list of public duty personnel, along with the military service records of supplemental service and daily evaluations of service and shall also record and organize matters to be reported on changes in status, field of service, form and area of service, changes in working hours, vacation, call for education, conduct of education on duties, and other matters related to service in the military service records of supplemental service under Article 32 of the Act: Provided, That the Minister of Health and Welfare shall exercise overall control of the management of public duty personnel assigned to social welfare facilities, but the head of each Si/Gun/Gu shall supervise matters related to their service. <Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
| (3) | The heads of service institutions, etc. under paragraph (2) shall promptly notify the director of the regional military manpower office of the public duty personnel whose sick leave exceeds 30 days or for whom any cause for arrest, etc. has accrued due to a crime. |
| (4) | The Commissioner of the Military Manpower Administration shall determine matters necessary for the management, etc. of public duty personnel, other than those prescribed in paragraphs (1) through (3) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 65 (Divided Service of Administrative Agency Personnel) |
| (1) | The detailed criteria for cases in which it is allowable to resume the service suspended pursuant to Article 31-3 (1) of the Act shall be as follows: |
| 1. | Where the person needs medical treatment for one or more months; |
| 2. | Where the person has no other family member who lives in his household, or it is practically difficult to nurse the sick person although there is another family member because of a mental or physical disorder, etc.; |
| 3. | Where the person falls under any of the following: |
| (b) | Where it is necessary to support his family because of death, unemployment, etc. of the family member who has taken responsibility for the family's livelihood; |
| (c) | Where there is a ground approved by the director of a regional military manpower office (including the head of a military manpower branch office; hereafter the same shall apply in this Article). |
| (2) | Any administrative agency personnel may, if any ground set forth in the subparagraphs of paragraph (1) applies, file an application for divided service of public duty personnel (administrative agency personnel) with the head of the service institution. In such cases, the head of the service institution shall forward the application to the director of the regional military manpower office without delay. |
| (3) | The director of each regional military manpower office shall, upon receiving an application for divided service of public duty personnel (administrative agency personnel) under paragraph (2) , examine the ground for divided service, period of service suspension, etc. and make a decision on whether to suspend service and the period of service suspension, and shall deliver a notice of divided service of public duty personnel (administrative agency personnel) to the applicant through the head of the service institution. |
| (4) | Administrative agency personnel shall, upon expiration of the period of service suspension under paragraph (3) , report to the head of the service institution on their resumption of service on the day immediately following the end of the period. In such cases, the administrative agency personnel shall perform service during the mandatory service period less the period during which they had already performed service. |
| (5) | The head of each service institution shall, if any administrative agency personnel whose service was suspended wishes to resume service before the expiration of the period of service suspension, immediately notify the director of the regional military manpower office thereof. In such cases, the director of the competent regional military manpower office shall revoke the service suspension and notify the head of the service institution thereof. |
| (6) | The director of each regional military manpower office shall, upon receiving an application for transfer to industrial technical personnel service from any administrative agency personnel whose service has been suspended pursuant to paragraph (3) and who wishes to be transferred to industrial technical personnel service pursuant to Article 36 (5) 3 of the Act, revoke the service suspension, if deemed proper to transfer the person to industrial technical personnel service, and shall notify the head of the service institution thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 65-2 (Re-Designation of Service Institution, etc.) |
| (1) | Where any member of the administrative agency personnel falls under Article 32 (1) 3 or 6 of the Act, he may submit an application for re-designation of service institution, etc. (including any application drawn up in electronic format) together with the documents prescribed by Ministerial Decree of National Defense to the head of the service institution where he is in service. |
| (2) | The head of a service institution who has received an application for re-designation of service institution, etc. pursuant to paragraph (1) shall confirm whether the applicant falls under Article 32 (1) 3 or 6 of the Act and forward the application to the director of the regional military manpower office without delay. |
| (3) | The director of a regional military manpower office in receipt of an application for re-designation of service institution, etc. in accordance with the provisions of paragraph (2) shall newly designate a service institution and forward a notice of re-designation of service institution, etc. to the relevant person via the head of the service institution, and shall notify the head of the newly designated service institution thereof. |
| (4) | Each administrative agency personnel in receipt of a notice of the re-designation of service institution, etc. under paragraph (3) shall arrive at the newly designated service institution on the designated date. In such cases, the period necessary for him to arrive shall be two days and the period shall be included in the service period. |
| (5) | The head of each service institution shall forthwith forward the military service record of supplemental service and the daily evaluation of service of the administrative agency personnel who are assigned to a newly designated service institution to the head of the newly designated service institution. |
| (6) | The director of a regional military manpower office in receipt of a list of administrative agency personnel falling under Article 32 (1) 4 and 5 of the Act or of international cooperation service personnel falling under Article 32 (5) 4 of the Act shall designate a new service institution. In such cases, the provisions of paragraphs (3) through (5) shall apply mutatis mutandis to the delivery of notices of re-designation of service institution, etc. |
| (7) | The director of a regional military manpower office in receipt of a list of administrative agency personnel falling under Article 32 (1) 5 of the Act, if circumstances making the re-designation impossible are recognized after taking into consideration the scope of area commutable to and from work, peculiarity of the service institution subject to re-designation, and the alloted number of personnel, may have them continually serve at the current service institutions, notwithstanding the provisions of paragraph (6). |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 65-3 (Scope of Negligence, etc. to Perform Duties) |
"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" in Article 33 (1) 5 of the Act means any of the following cases: | 1. | Where he arrives late at work without justifiable grounds; |
| 2. | Where he leaves or deserts his workplace without permission; |
| 3. | Where he consumes alcohol, acts in a manner injuring public morals or commits any other act degrading official discipline while on duty; |
| 5. | Where he procures someone else to attend education on general knowledge, education on duties, or remedial education under Article 33-2 of the Act on his behalf or arrives late at, or is absent from, the education without permission, or neglects his duty to attend the education otherwise. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 66 (Remaining Term of Service, etc. of Public Duty Personnel on Account of Desertion, etc. from Service Place) |
| (1) | Where the head of a service institution where any member of the public duty personnel is in service (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, and to the Minister of Foreign Affairs and Trade in cases of international cooperation service personnel) has filed a complaint against a member of the public duty personnel falling under subparagraph 1 of Article 89-2 or Article 89-3 of the Act with an investigative agency as prescribed in Article 165 (2) and (3) and such case falls under any of the following subparagraphs, he/she shall make such member of the public duty personnel cease service: |
| 2. | When he is sentenced to criminal punishment (excluding a suspended sentence of imprisonment or suspension of sentence); |
| 3. | When he deserts his place of service for three or more days in total after the criminal accusation was filed against him and before a disposition of non-prosecution is issued or criminal punishment is sentenced. |
| (2) | The head of a service institution where any member of the administrative agency personnel is in serve shall notify an administrative agency personnel whose service has been suspended pursuant to paragraph (1) of his remaining service period, when the execution of the sentence to criminal punishment imposed upon him is complete or suspended or finally and conclusively exempted. <Amended by Presidential Decree No. 23026, Jul. 14, 2011> |
| (3) | With regard to art and sports personnel and international cooperation service personnel, among those accused under paragraph (1) who have been sentenced and whose sentence execution has been completed or suspended or who have been confirmed not to have their sentence executed, the director of each regional military manpower office shall cancel their call-up to the relevant service institutions and fields of service and call them up to serve as administrative agency personnel. <Amended by Presidential Decree No. 23026, Jul. 14, 2011> |
| (4) | With regard to a person whose service as public duty personnel was suspended pursuant to paragraph (1) , the director of the regional military manpower office shall order him to resume service in the pertinent service area for the mandatory service period less the period during which he had already performed service, if the execution of the sentence to criminal punishment imposed upon him is finally and conclusively exempted: Provided, That those given a disposition of non-prosecution and those pronounced not guilty because his conduct did not constitute a crime or the fact accused was not admitted as true shall be deemed to have performed service during the suspended period. |
| (5) | The service period of art and sports personnel and international cooperation service personnel who have been drafted into active duty service or called to administrative agency personnel service under Article 33 (3) through (5) of the Act shall be calculated according to the following equation; however, numbers below decimal shall not be counted. <Added by Presidential Decree No. 23026, Jul. 14, 2011> |
| 1. | The service period of a person who shall be enlisted in active duty service; |
| 2. | The service period of a person who shall be called to administrative agency personnel. |
| (6) | "A person who has the remaining period of less than six months as prescribed by Presidential Decree" in the proviso of Article 33 (3) of the Act means a person who has the service period of less than six months that has been calculated according to the equation of paragraph (5) 1 of this Article. <Added by Presidential Decree No. 23026, Jul. 14, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 67 (Education on General Knowledge and Duties for Administrative Agency Personnel) |
| (1) | The Commissioner of the Military Manpower Administration, directors of regional military manpower offices or heads of relevant central administrative agencies shall conduct education on general knowledge and duties for administrative agency personnel under Article 33-2 (1) and (2) of the Act immediately after the completion of their call-up to public duty personnel service under Article 29 of the Act or a call for education under Article 55 (1) of the Act: Provided, That in cases where extenuating circumstances exist, such education may be conducted within three months after the completion of a call-up to public duty personnel service or a call for education. |
| (2) | The period of education on general knowledge and duties under Article 33-2 (1) and the main sentence of Article 33-2 (2) of the Act shall be within 30 days, and the period of remedial education under paragraph (3) of the same Article shall be within 15 days. In such cases, the education period shall be included in the service period. |
| (3) | The heads of relevant central administrative agencies may commission a specialized educational institution to conduct education on duties to be implemented by the heads of relevant central administrative agencies under the main sentence of Article 33-2 (2) of the Act. |
| (4) | Detailed matters concerning the management of education under Article 33-2 of the Act, education procedures, etc. shall be prescribed by the Commissioner of the Military Manpower Administration: Provided, That in cases of matters concerning education on duties implemented by the heads of relevant central administrative agencies may separately be determined by the heads of such relevant central administrative agencies. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 68 (Delivery of Notice for Education and Postponement of Education Date, etc.) |
| (1) | The Commissioner of the Military Manpower Administration, directors of the competent regional military manpower offices or heads of the relevant central administrative agencies shall serve a notice for education on persons subject to education under Article 33-2 of the Act through the heads of service institutions by no later than 14 days before the scheduled date of education. |
| (2) | Where any person who has received a notice for education under paragraph (1) falls under any of the following subparagraphs, the Commissioner of the Military Manpower Administration, director of the competent regional military manpower office or the head of the relevant central administrative agency may, upon application, postpone the date of education until the cause or event ceases to exist: |
| 1. | Where he has difficulties in undertaking the education course adequately due to an illness or mental or physical disorder; |
| 2. | Where his lineal ascendent or descendent, spouse, sibling, or anyone who is in the same household among his family members is seriously ill or dies, and no other person is available to take care of domestic affairs, such as nursing and funeral; |
| 3. | Where he is a victim of a natural disaster or any other calamity, and no other person is available to cope with such critical situation; |
| 4. | Where he has difficulties in undertaking the education course due to any other extenuating circumstance. |
| (3) | The Commissioner of the Military Manpower Administration, directors of the competent regional military manpower offices or heads of the relevant central administrative agencies shall pay persons subject to education under Article 33-2 of the Act actual travel expenses for education within budgetary limits. |
| (4) | Matters necessary for the service of notices for education, postponement of education date, payment of travel expenses for education, etc. under paragraphs (1) through (3) shall be prescribed by the Commissioner of the Military Manpower Administration: Provided, That matters concerning education on duties implemented by the heads of relevant central administrative agencies may separately be determined by the heads of such relevant central administrative agencies. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
Section 2 Service of Public Health Doctors, etc.
법령 이단보기
| Article 69 (Transfer to Public Health Doctor Service, etc.) |
| (1) | The Minister of Health and Welfare, the Minister of Foreign Affairs and Trade, the Minister of Justice or the Minister for Food, Agriculture, Forestry and Fisheries shall consult with the Commissioner of the Military Manpower Administration by September 30 of each year with regard to the manpower supply and demand plan for the following year, including the required number of personnel who are to serve as public health doctors, international cooperative doctors, public-service advocates or public quarantine veterinarians: Provided, That with regard to the number of required public quarantine veterinarians in the manpower supply and demand plan for public quarantine veterinarians, he/she shall obtain approval from the Minister of National Defense. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22290, Jul. 21, 2010> |
| (2) | A person who falls under any of the following subparagraphs shall submit an application for enlistment as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service advocate or public quarantine veterinarian (including applications in electronic form) to the Commissioner of the Military Manpower Administration by not later than February 10 of the year of enlistment, via the head of the school, head of the training center, or head of the internship organization where he is enrolled: Provided, That a person who has stated in his application for enlistment as military surgeon candidate, judicial officer candidate or veterinary officer candidate that he wishes to be enlisted as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service advocate or public quarantine veterinarian once he is not enrolled on the military register of active officers in the field of medicine, law or veterinary pursuant to the latter part of Article 119 (2) shall be deemed to have submitted an application for enlistment as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service advocate or public quarantine veterinarian: <Amended by Presidential Decree No. 22290, Jul. 21, 2010> |
| 1. | A person who falls under any subparagraph of Article 34 (1) of the Act and who wishes to be enlisted as a public health doctor; |
| 2. | A person who falls under Article 34 (1) 2 of the Act and who wishes to be enlisted as a doctor exclusively in charge of the draft physical examination; |
| 3. | A person who falls under any subparagraph of Article 34-6 (1) of the Act and who wishes to be enlisted as a public-service advocate; |
| 4. | A person who falls under any subparagraph of Article 34-7 (1) of the Act and who wishes to be enlisted as a public quarantine veterinarian. |
| (3) | With regard to enlistment as a public health doctor, public-service advocate or public quarantine veterinarian, the Commissioner of the Military Manpower Administration shall have persons falling under Article 34 (1) 2, 34-6 (1) 2 or 34-7 (1) 2 of the Act enlisted with priority. <Amended by Presidential Decree No. 22290, Jul. 21, 2010> |
| (4) | The Commissioner of the Military Manpower Adminstration shall determine the required number of doctors exclusively in charge of the draft physical examination according to their specialties and preferentially enlist persons falling under Article 34 (1) 2 of the Act as doctors exclusively in charge of the draft physical examination. |
| (5) | Enlistment as international cooperative doctors shall be made for persons who fall under any subparagraph of Article 34 (1) of the Act and who have been selected and recommended as international cooperative doctor personnel by the Minister of Foreign Affairs and Trade in accordance with the International Cooperation Personnel Act. |
| (6) | The Commissioner of the Military Manpower Administration shall notify the Minister of Health and Welfare, the Minister of Foreign Affairs and Trade, the Minister of Justice or the Minister for Food, Agriculture, Forestry and Fisheries of a list of persons who have been enlisted as public health doctors, international cooperative doctors, public-service advocates or public quarantine veterinarians under Articles 34 (1) , 34-6 (1) and 34-7 (1) of the Act. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22290, Jul. 21, 2010> |
| (7) | Upon receiving a list pursuant to paragraph (6) , the Minister of Health and Welfare, the Minister of Foreign Affairs and Trade, the Minister of Justice or the Minister for Food, Agriculture, Forestry and Fisheries shall assign public health doctors, international cooperative doctors, public-service advocates or public quarantine veterinarians to the respective places of duty, which have been determined by each Minister, and shall notify the Commissioner of the Military Manpower Administration of the places of duty and list without delay. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22290, Jul. 21, 2010> |
| (8) | Matters necessary for the criteria for enlistment as public health doctors, doctors exclusively in charge of the draft physical examination, international cooperative doctors, public-service advocates or public quarantine veterinarians shall be determined by the Commissioner of the Military Manpower Administration. <Amended by Presidential Decree No. 22290, Jul. 21, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 69-2 (Service, etc. of Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | The Commissioner of the Military Manpower Administration shall, for a person enlisted as a doctor exclusively in charge of the draft physical examination, prepare a written order for providing medical service which designates the place and field of service and shall conduct education on duties as may be necessary, so that he can perform affairs related to the physical examination, etc. pursuant to Article 34-2 (2) of the Act. |
| (2) | Each doctor exclusively in charge of the draft physical examination shall be deemed appointed on the date entered in the written order for providing medical service referred to in paragraph (1) . In such cases, a written order for providing medical service issued by the Commissioner of the Military Manpower Administration shall be deemed an employment contract for contract public official. |
| (3) | The Commissioner of the Military Manpower Administration shall issue a written order for providing medical service under paragraph (1) in a manner to be delivered to the person to be appointed as a doctor exclusively in charge of the draft physical examination before he commences medical service and shall notify the director of the relevant regional military manpower office of such appointment. |
| (4) | The director of each regional military manpower office shall, upon receiving the notification referred to in paragraph (3) , keep the roster of doctors exclusively in charge of the draft physical examination prescribed by Ministerial Decree of National Defense and enter their changes in status, state of their service, and other matters relating to their management in the roster. |
| (5) | The director of each regional military manpower office shall evaluate the work performance of doctors exclusively in charge of the draft physical examination according to the evaluation paper for work performance of doctors exclusively in charge of the draft physical examination prescribed by Ministerial Decree of National Defense and report their job performance evaluations to the Commissioner of the Military Manpower Administration within 15 days after the end of every half year. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 69-3 (Education on Duties and Training for Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | The Commissioner of the Military Manpower Administration shall conduct education on duties concerning the standards for disposition for military service and the application, etc. of Ministerial Decree of National Defense prescribing matters on the draft physical examination, etc., for up to one month, for those enlisted to serve as doctors exclusively in charge of the draft physical examination as prescribed in Article 34-2 (2) of the Act. |
| (2) | The Commissioner of the Military Manpower Administration shall, when he/she calls doctors exclusively in charge of the draft physical examination to conduct education on duties under paragraph (1) , have a document stating personal data of the doctors to be called, date and place of the call, etc. delivered to the relevant doctors exclusively in charge of the draft physical examination three days before they are called. |
| (3) | The heads of military hospitals, etc. which conduct training for doctors exclusively in charge of the draft physical examination under Article 34-2 (2) of the Act shall offer convenience necessary for the training during the training period and supervise service of the doctors exclusively in charge of the draft physical examination according to the standards for service of military surgeons in the relevant military unit and shall notify the Commissioner of the Military Manpower Administration of the results of the training at the end of the training. |
| (4) | The period and courses for education on duties and training referred to in paragraphs (1) and (3) shall be determined by the Commissioner of the Military Manpower Administration. |
| (5) | The Commissioner of the Military Manpower Administration may reimburse travel expenses to doctors exclusively in charge of the draft physical examination within budgetary limits during the period of education on duties and training under paragraphs (1) and (3) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 69-4 (Desertion of Service Areas, etc. by Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | When any doctor exclusively in charge of the draft physical examination deserts his place of service or engages in a job, other than the draft physical examination, in violation of Article 34-2 (4) of the Act, the director of the competent regional military manpower office shall report the fact to the Commissioner of the Military Manpower Administration. |
| (2) | When any doctor exclusively in charge of the draft physical examination fails to perform service for not less than one month due to a long-term hospitalization or a long-term medical treatment which has nothing to do with his service, the director of the competent regional military manpower office shall report to the Commissioner of the Military Manpower Administration, expressly indicating the reason thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 69-5 (Order for Extending Service Period) |
When the Commissioner of the Military Manpower Administration extends the service period of any doctor exclusively in charge of the draft physical examination under Articles 34-4 and 35 (2) of the Act, he/she shall promptly issue a written order for extending service period, expressly indicating the extended period and the reason thereof, to the relevant doctor and then notify the director of the relevant regional military manpower office thereof. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 70 (Calculation of Period of Service of Public Health Doctors, etc.) |
| (1) | The period of mandatory service of public health doctors, doctors exclusively in charge of the draft physical examination, international cooperative doctors, public-service advocates or public quarantine veterinarians shall be computed from the first day of service in the pertinent field. <Amended by Presidential Decree No. 22290, Jul. 21, 2010> |
| (2) | No period of mandatory service of public health doctors or doctors exclusively in charge of the draft physical examination that falls under any of the following subparagraphs shall be included in the mandatory period of service. In such cases, the Minister of Health and Welfare or the director of the regional military manpower office shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence: <Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | The resident training period; |
| 2. | The period during which the person could not serve for a total of 30 or more days due to reasons unrelated to his duty, such as hospitalization, recuperation, etc. |
| (3) | No period during which an international cooperative doctor could not serve for a total of 30 or more days due to reasons unrelated to his duty, such as hospitalization, recuperation, etc., shall be included in the period of mandatory service of the international cooperative doctor. In such cases, the Minister of Foreign Affairs and Trade shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence. |
| (4) | No period during which a public-service advocate could not serve for a total of 60 or more days due to reasons unrelated to his duty, such as hospitalization, recuperation, etc., shall be included in the period of mandatory service of the public-service advocate. In such cases, the Minister of Justice shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence. |
| (5) | No period during which a public quarantine veterinarian could not serve for a total of 30 or more days due to reasons unrelated to his duty, such as hospitalization, recuperation, etc., shall be included in the period of mandatory service of the public quarantine veterinarian. In such cases, the Minister for Food, Agriculture, Forestry and Fisheries shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence. <Amended by Presidential Decree No. 22290, Jul. 21, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 70-2 (Remaining Period of Service, etc. of Public Health Doctors, etc. due to Desertion, etc. from Service) |
| (1) | When the Minister of Health and Welfare, the Commissioner of the Military Manpower Administration, the Minister of Foreign Affairs and Trade, the Minister of Justice, or the Minister for Food, Agriculture, Forestry and Fisheries files a charge against any public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public-service advocate or public quarantine veterinarian who falls under subparagraphs 2 through 4 of Article 89-2 of the Act, with the head of an investigative agency in accordance with the provisions of Article 165 (2) , he/she shall have the relevant person cease to perform service. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22290, Jul. 21, 2010> |
| (2) | When the Commissioner of the Military Manpower Administration cancels the enlistment of a person whose service has been ceased as prescribed in paragraph (1) as a public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public-service advocate or public quarantine veterinarian in accordance with Articles 35 (4) , 35-2 (4) and 35-3 (4) of the Act, he/she shall notify the director of the relevant regional military manpower office thereof. <Amended by Presidential Decree No. 22290, Jul. 21, 2010> |
| (3) | With regard to persons who have been released without sentencing, or who were sentenced and the execution thereof has been completed or granted a stay or has been confirmed the sentence will not be executed, among persons whose transfer has been cancelled in accordance with Articles 35 (4) , 35-2 (4) and 35-3 (4) of the Act, the director of the regional military manpower office shall call them up to perform service as administrative agency personnel. |
| (4) | The provisions of Article 66 (5) 2 shall apply mutatis mutandis to the period of service for persons who are called as administrative agency personnel under paragraph (3) : Provided, That persons who have been disposed not to institute a public action or sentenced innocent as no crime is committed or on account of the lack of confirmation of the ground for accusation, among the accused under paragraph (1) , shall be deemed to have served in the pertinent service field before they were called as administrative agency personnel during the suspended period of service. <Amended by Presidential Decree No. 23026, Jul. 14, 2011> |
| (5) | The service period of public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public service advocate and public quarantine veterinarian who have been drafted into active duty service or called to administrative agency personnel service under Article 35 (3), 35-2 (3) and 35-3 (2) of the Act shall be calculated according to the following equation; however, numbers below decimal shall not be counted. <Added by Presidential Decree No. 23026, Jul. 14, 2011> |
| 1. | The service period of a person who shall be enlisted in active duty service; |
| 2. | The service period of a person who shall be called to administrative agency personnel. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 71 (Completion of Service of Public Health Doctors, etc.) |
| (1) | The Minister of Health and Welfare, the Minister of Foreign Affairs and Trade, the Minister of Justice or the Minister for Food, Agriculture, Forestry and Fisheries shall, where the service period of public health doctors, international cooperative doctors, public-service advocates or public quarantine veterinarians is to expire, forward a list, military service records of supplemental service, and military service certificates of those whose service period is to expire, to the Commissioner of the Military Manpower Administration by not later than the 10th day of the month preceding the month in which the service period expires. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22290, Jul. 21, 2010> |
| (2) | The Commissioner of the Military Manpower Administration shall forward the clearance of the expiration of service which specifies the date of completion of mandatory service and the military service certificate which records and organizes the fact of the expiration, to the Minister of Health and Welfare, the director of the regional military manpower office, the Minister of Foreign Affairs and Trade, the Minister of Justice, or the Minister for Food, Agriculture, Forestry and Fisheries on the first day of the month in which the period of service expires and shall have the military service certificate issued to the person in question on the day his mandatory service expires. <Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
Section 3 Service of Expert Research Personnel and Industrial Technical Personnel
법령 이단보기
| Article 72 (Standards for Selection of Designated Entities, such as Research Institutes) |
| (1) | The standards for selection of research institutes in which expert research personnel will be engaged shall be as follows: <Amended by Presidential Decree No. 22414, Oct. 1, 2010; Presidential Decree No. 22977, Jun. 24, 2011> |
| 1. | A research institute in the field of natural sciences with at least five personnel responsible for research (in cases of an affiliated research institute of a small or medium enterprise under the Framework Act on Small and Medium Enterprises, two personnel suffice) who hold a master's degree or higher in the field of natural sciences; |
| 2. | A research institute in the field of humanities and social sciences with at least 10 personnel responsible for research who hold a master's degree or higher in the field of humanities and social sciences; |
| 3. | A research institute designated in accordance with the Support of Specific Research Institutions Act (in cases of the Korea Science and Technical Institute, the Gwangju Science and Technology Institute, and the Daegu Gyeongbuk Institute of Science and Technology, the course of a doctorate degree in the field of natural sciences and the affiliated research institutes are included; hereinafter the same shall apply); |
| 5. | A graduate school in the field of natural sciences established in accordance with the Higher Education Act and an affiliated university research institute recognized by the Minister of Education, Science and Technology (hereinafter referred to as "university research institute"); |
| (2) | The standards for selection of key industrial enterprises in which industrial technical personnel will be engaged shall be as follows: |
| 1. | For the manufacturing industry: A manufacturing enterprise or information collection and disposition enterprise; |
| 2. | For the energy industry: A development and maintenance enterprise or oil refining and natural gas enterprise; |
| 3. | For the mining industry: An enterprise which maintains at least ten personnel and which operates the business of mining minerals (excluding coal), or enterprise which is engaged in ore dressing and smelting or in mining over 12,000 tons of coal annually; |
| 4. | For the construction industry: An enterprise which maintains at least 100 personnel and which has earned a domestic or overseas construction license or registration and operates domestic or overseas construction; |
| 5. | For the fisheries industry: An enterprise which owns at least five fishing vessels (including leased vessels) or an enterprise which owns a vessel of at least 500 gross tonnage in total, both of which operate deep sea fishing or coastal fishing; |
| 6. | For the marine transportation industry: An enterprise which owns a vessel of at least 1,500 gross tonnage in total and which engages in maritime shipment, or an enterprise which manages a ship of at least 500 gross tonnage in total, for overseas service. |
| (3) | The standards for selection of research institutes and defense enterprises in the field of the defense industry in which expert research personnel or industrial technical personnel will be engaged shall be as follows: |
| 2. | A defense enterprise: An enterprise designated in accordance with the Defense Acquisition Program Act (including military maintenance units; hereinafter the same shall apply). |
| (4) | Matters relating to the detailed selection criteria for designated entities where expert research personnel and industrial technical personnel will serve under paragraphs (1) through (3) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 73 (Recommendation for Selection, etc. of Designated Entities) |
| (1) | The heads of research institutes or business entities (referring to the representatives thereof in cases of corporations; hereinafter the same shall apply) shall, when they intend to have their institutes or business entities designated under Article 36 (1) of the Act (referring to research laboratories or their branches in cases of research institutes; factories or workplaces in cases of key industrial enterprises or defense enterprises; and business entities in cases of other fields; hereinafter the same shall apply), obtain recommendation according to the following classification: <Amended by Presidential Decree No. 22977, Jun. 24, 2011> |
| 2. | For a research institute in the field of humanities and social sciences: The head of the competent central administrative agency; |
| 3. | For a university research institute: The Minister of Education, Science and Technology; |
| 6. | For a research institute in the defense industry: The president of the Agency for Defense Development; |
| 7. | For a key industrial enterprise: The head of the competent central administrative agency; |
| 8. | For a defense enterprise (including a research institute in the defense industry where only industrial technical personnel may serve under Article 38 (1) 2 of the Act): The Chairman of the Korea Defense Industry Association. |
| (2) | The head of a research institute or an enterprise which intends to be selected as a designated entity shall attach necessary documents to an application for selection as a designated entity (including an application in electronic format) and submit them to the person who has the authority to recommend enterprises for designation under paragraph (1) (hereinafter referred to as "person who has the authority to recommend enterprises for designation") by not later than June 30 of each year: Provided, That the head of a research institute attached to a venture business as prescribed in the Act on Special Measures for the Promotion of Venture Businesses (hereinafter referred to as "venture business") may submit them by not later than January 31 and June 30 of each year. |
| (3) | The person who has the authority to recommend enterprises for designation to whom an application for selection as a designated entity has been submitted as prescribed in paragraph (2) shall make a list of enterprises recommended for selection of designated entities aimed at research institutes or enterprises meeting the standards under Article 72 only, and submit it to the Commissioner of the Military Manpower Administration by July 31 of each year (in cases of an application for selection as a designated entity which the head of a research institute attached to a venture business has submitted by January 31 of each year, by the end of February of each year). |
| (4) | The person who has the authority to recommend enterprises for designation who has received an application for selection as a designated entity pursuant to paragraph (2) shall confirm the certificate of corporate registered matters through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 74 (Selection of Designated Entities) |
| (1) | The Commissioner of the Military Manpower Administration shall, upon receiving a list of enterprises recommended for selection of designated entities as prescribed in Article 73 (3) , select designated entities. |
| (2) | The Commissioner of the Military Manpower Administration shall notify the person who has the authority to recommend enterprises for designation and the director of the competent regional military manpower office (referring to the director of the regional military manpower office or the head of the military manpower branch office who has jurisdiction over the administrative district in which a designated entity or its business place is located; hereinafter the same shall apply) of the selection results under paragraph (1) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 75 (Succession of Designated Entities) |
| (1) | When an enterprise or research institute not selected as a designated entity falls under any of the following subparagraphs, it shall be deemed selected as a designated entity: |
| 1. | When it acquires or merges with a designated entity; |
| 2. | When it acquires at least five fishing vessels, or fishing vessels of 500 gross tonnage in total, or maritime cargo ships of 1500 gross tonnage in total, from a designated entity. |
| (2) | An enterprise deemed selected as a designated entity under paragraph (1) shall submit documents (including documents in electronic format) determined by Ministerial Decree of National Defense to the director of the competent regional military manpower office within 14 days from the date on which the registration of acquisition or merger is completed: Provided, That where information pertaining to documents submitted can be confirmed through the joint use of administrative information in accordance with Article 36 (1) of the Electronic Government Act, the director of the competent regional military manpower office shall replace submission of the documents with such confirmation. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 76 (Cancellation of Selection, etc. of Designated Entities) |
| (1) | The Commissioner of the Military Manpower Administration may cancel the selection of a designated entity where it falls under any of the following subparagraphs: |
| 1. | Where the designated entity discontinues its operations or when its operations cease due to bankruptcy; |
| 2. | Where the operations of the designated entity are suspended for over six months, or when it has been ordered to cease operations; |
| 3. | Where the recognition and designation of the research institute is cancelled in accordance with relevant Acts and subordinate statutes; |
| 4. | Where the commissioning as a research center of the designated entity in the defense industry is cancelled or when the designation as a defense enterprise is cancelled in accordance with the Defense Acquisition Program Act; |
| 5. | Where the designated entity under Article 72 (1) or (2) fails to be alloted with or employ expert research personnel or industrial technical personnel for not less than two consecutive years, and no expert research personnel or industrial technical personnel are in service accordingly; |
| 6. | Where the designated entity fails to meet the standards for selection even after one year has passed since it fell short of the standards for selection provided for in Article 72, and no expert research personnel or industrial technical personnel are in service; |
| 7. | Where the designated entity or its head has been sentenced to a penalty of a fine or heavier prescribed in Article 84 (1) 1, 85, 92 (1) through (3) , 93 (3) or subparagraph 1 of Article 96 of the Act and such penalty has been confirmed. |
| (2) | When a designated entity discontinues operations or when it falls short of the standards for selection provided for in Article 72, the person who has the authority to recommend enterprises for designation shall notify the Commissioner of the Military Manpower Administration of such fact within 30 days from the day such cause accrues. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 77 (Notification and Allotment of Required Number of Personnel) |
| (1) | The head of each designated entity shall notify the person who has the authority to recommend enterprises for designation of the number of expert research personnel or industrial technical personnel required for the following year while the head of each Si/Gun/Gu shall notify the Minister for Food, Agriculture, Forestry and Fisheries of the number of industrial technical personnel required in the agricultural field of the competent Si/Gun/Gu, and the president of the National Fisheries Research and Development Institute (referring to the Do Governor in the case of Jeju Special Self-Governing Province; hereafter the same shall apply in this Section) shall notify the Minister for Food, Agriculture, Forestry and Fisheries of the number of industrial technical personnel required for an operator succeeding fishing business by not later than June 30 of each year, respectively. <Amended by Presidential Decree No. 23795, May 22, 2012> |
| (2) | The person who has the authority to recommend enterprises for designation shall notify the Commissioner of the Military Manpower Administration of the number of personnel required for each designated entity for the following year (in cases of a graduate school of natural science established under the Higher Education Act, referring to the number of personnel respectively required for science and engineering and medical science), and the Minister for Food, Agriculture, Forestry and Fisheries shall notify the Commissioner of the Military Manpower Administration of the number of industrial technical personnel required in the field of agriculture and fisheries by Si/Gun/Gu, by not later than July 31 of each year: Provided, That in cases of a research institute or an enterprise which is recommended to be selected as a designated enterprise for the relevant year under Article 73 (3) , the notification may be made simultaneously when a list of enterprises recommended for selection as designated entity is submitted. |
| (3) | The Commissioner of the Military Manpower Administration shall allocate, by designated entity or by Si/Gun/Gu, those who may be assigned to expert research personnel service or industrial technical personnel service; where several designated entities exist in a juristic person in cases of a research institute, he/she shall allocate personnel by designated entity after determining personnel to be allocated by juristic person and hearing the opinion of the representative of such juristic person; in cases of a graduate school of natural science, he/she shall allocate personnel by graduate school after dividing it into school of science and engineering and medical school or allocate personnel en bloc. In such cases, the Commissioner of the Military Manpower Administration may put restrictions on the allocation of personnel to any enterprise that fails to properly manage the service of personnel, enterprise that has been selected as a designated entity for a long time and a large enterprise, and specific matters concerning standards and methods, etc. for restricting allocation of personnel shall be determined and publicized by the Commissioner of the Military Manpower Administration. |
| (4) | The Commissioner of the Military Manpower Administration shall notify the heads of designated entities, heads of Sis/Guns/Gus and president of the National Fisheries Research and Development Institute of the alloted number of expert research personnel and industrial technical personnel for the following year through the directors of the competent regional military manpower offices. In such cases, the Commissioner of the Military Manpower Administration shall notify the representatives of juristic persons of the allocated number of personnel for each juristic person, and the Minister of Education, Science and Technology of the allotted number of personnel for each graduate school of natural science, of the allotted number of expert research personnel. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 77-2 (Submission of Written Oaths by Heads of Designated Entities) |
Where the head of a designated entity applies for the enlistment of expert research personnel or industrial technical personnel pursuant to Article 36 (7) of the Act, he/she shall submit a written oath(including an oath in electronic format) prescribed by Ministerial Decree of National Defense to the director of the competent regional military manpower office (including the head of the military manpower branch office). [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 78 (Procedures, etc. for Transfer to Expert Research Personnel Service) |
| (1) | Detailed criteria concerning majors, degrees, etc. of persons entitled to be transferred to expert research personnel service, including persons who have earned a master's degree or higher under subparagraph 1 of Article 37 of the Act and persons who are studying in a doctorate program at a graduate school of natural science under subparagraph 2 of the same Article (including a doctorate program of natural science at the Korea Institute of Science and Technology, the Gwangju Institute of Science and Technology, and the Daegu Gyeongbuk Institute of Science and Technology; hereinafter referred to as "doctorate program at a graduate school of natural science") shall be set and published by the Commissioner of the Military Manpower Administration. <Amended by Presidential Decree No. 22414, Oct. 1, 2010> |
| (2) | When the Minister of Education, Science and Technology chooses by examination persons subject to transfer to expert research personnel service to serve in university research institutes, he/she shall notify the Commissioner of the Military Manpower Administration of their list. |
| (3) | Each person who wants to be transferred to expert research personnel service under paragraph (1) shall file an application to transfer to expert research personnel service (including an application in electronic format), accompanied by documents prescribed by Ministerial Decree of National Defense, with the head of a designated entity. |
| (4) | The head of a designated entity in receipt of applications to transfer to expert research personnel service under paragraph (3) shall determine persons subject to recommendation within the limit of the alloted number under Article 77 (3) and submit the list of such persons to the director of the competent regional military manpower office within seven days from the date on which he/she receives such applications (in cases of persons who have received a notice for enlistment or call-up, by not later than five days before the date of enlistment or call-up). |
| (5) | The director of the competent regional military manpower office in receipt of applications to transfer to expert research personnel service under paragraph (4) shall determine whether to transfer the applicants to expert research personnel service and shall notify the results to the applicants through the heads of the designated entities. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 79 (Transfer of Persons who Serve in Key Industrial Enterprises, etc. to Industrial Technical Personnel Service) |
| (1) | Persons who may be transferred to industrial technical personnel service in accordance with Article 38 (1) 1 and 2 of the Act shall be those who meet the following criteria among those who serve in a designated entity, and matters related to the detailed enlistment criteria, such as persons subject to enlistment by field and business classification and aptitudes required by the military, shall be determined by the Commissioner of the Military Manpower Administration: |
| 1. | Persons to be enlisted in active duty service: Persons who meet the educational criteria of technological qualifications by scholastic ability as stipulated in Appendix 2; |
| 2. | Persons in service as administrative agency personnel and supplemental service personnel subject to call-up to public duty personnel service: Persons who are engaged in the fields prescribed in Article 83 (1) 2 through 4. |
| (2) | Each person who wishes to be transferred to industrial technical personnel service under paragraph (1) shall file an application to transfer to industrial technical personnel service (including an application in electronic format), together with documents prescribed by Ministerial Decree of National Defense, with the head of a designated entity. |
| (3) | The head of a designated entity in receipt of applications to transfer to industrial technical personnel service as provided for in paragraph (2) shall determine persons subject to recommendation within the limit of the alloted number under Article 77 (3) and shall submit the list of such persons to the director of the competent regional military manpower office within seven days from the date of receipt of such applications (in cases of persons who have received a notice for enlistment or call-up, by not later than five days before the date of such enlistment or call-up). |
| (4) | With respect to persons who serve in the fields that fall under Article 83 (1) 2 through 4 (in cases of fisheries or maritime transportation enterprises, limited to those who serve or will serve on board a ship), the director of the competent regional military manpower office who has received applications to transfer to industrial technical personnel service under paragraph (3) shall transfer them to industrial technical personnel service, and shall notify the applicants thereof through the head of the designated entity or the service institution. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 80 (Transfer of Technical Experts to Industrial Technical Personnel Service) |
| (1) | Those having skills of an international level under Article 38 (1) 3 of the Act (hereinafter referred to as "technical experts") who may be transferred to industrial technical personnel service shall be those who won at least third prize in the World Skills Competition. |
| (2) | Each technical expert under paragraph (1) who wishes to be transferred to industrial technical personnel service shall file an application to transfer to industrial technical personnel service (including an application in electronic format) with the director of the competent regional military manpower office (in cases of technical experts who do not serve at a designated entity, referring to the director of the regional military manpower office; hereinafter the same shall apply) by not later than five days before the date of the enlistment or call-up. |
| (3) | The director of the competent regional military manpower office in receipt of an application to transfer to industrial technical personnel service as provided for in paragraph (2) shall transfer the relevant applicant to industrial technical personnel service and shall notify the applicant thereof. |
| (4) | With regard to persons who have won at least third prize in the World Skills Competition, the Minister of Employment and Labor shall notify the Commissioner of the Military Manpower Administration of the list thereof within 30 days from the end of the competition, and the Commissioner of the Military Manpower Administration shall promptly notify the director of the competent regional military manpower office thereof. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 81 (Transfer of Persons who Serve in Field of Fisheries or Agriculture to Industrial Technical Personnel Service) |
| (1) | Persons who may be transferred to industrial technical personnel service in the field of fisheries or agriculture under Article 38 (1) 4 of the Act shall be those who fall under any of the following subparagraphs: <Amended by Presidential Decree No. 23795, May 22, 2012> |
| 1. | Operators succeeding farming business and fishing business: Persons who are engaged in agriculture or fisheries as an operator succeeding farming business or fishing business under the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter referred to as "operator succeeding farming business or fishing business"): Provided, That this shall not apply where a family member under subparagraph 1 of Article 131 has been assigned to the industrial technical personnel service of operators succeeding farming business or successors to fishermen in a place of business located in the same Si/Gun/Gu; |
| 3. | Agricultural machinery repair personnel who serve in the field of agricultural machinery after-sales service: Persons who have technical qualifications in the field of machinery in accordance with the National Technical Qualifications Act and who serve as agricultural machinery repair personnel at agricultural machinery after-sales service establishments under the Agricultural Mechanization Promotion Act. |
| (2) | Each person who wishes to be transferred to industrial technical personnel service under paragraph (1) shall file an application to transfer to industrial technical personnel service (including an application in electronic format), together with documents prescribed by Ministerial Decree of National Defense, with the head of the competent Si/Gun/Gu via the head of the designated entity, general director of the agricultural technology center (limited to an operator succeeding farming business) for the agricultural field, and an operator succeeding fishing business shall submit such documents to the president of the National Fisheries Research and Development Institute: Provided, That where no agricultural technology center exists, the application shall be filed directly with the head of the competent Si/Gun/Gu. <Amended by Presidential Decree No. 23795, May 22, 2012> |
| (3) | The head of a Si/Gun/Gu or president of the National Fisheries Research and Development Institute who has received applications to transfer to industrial technical personnel service as provided for in paragraph (2) shall determine persons subject to recommendation within the limit of the allotted number under Article 77 (3) and shall submit a list of the persons to the director of the competent regional military manpower office within seven days of the receipt of such applications (in cases of persons who have received a notice for enlistment or call-up, by not later than five days from the date of the enlistment or call-up). In such cases, he/she shall prepare and attach a report on the present conditions of the enterprises with regard to agricultural machinery operation and repair personnel and shall recommend persons who serve at enterprises capable of the employment and resource management of industrial technical personnel. |
| (4) | The director of the competent regional military manpower office who has received applications to transfer to industrial technical personnel service under paragraph (3) shall transfer those who fall under paragraphs (1) through (3) to industrial technical personnel service and shall notify the fact to the applicants via the heads of the Sis/Guns/Gus, heads of the designated entities, general directors of the agricultural technology centers, president of the National Fisheries Research and Development Institute, or via the head of the service institution where the applicant is in service as administrative agency personnel. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 81-2 (Restrictions on Transfer to Expert Research Personnel Service and Industrial Technical Personnel Service) |
| (1) | The head of each designated entity shall, upon receiving any application to transfer to expert research personnel service or industrial technical personnel service under Articles 78, 79 and 81 or any application to change job of a member of the expert research personnel or industrial technical personnel from the head of another designated entity under Article 85, confirm whether the relevant applicant is a relative by blood within the fourth degree of relationship under Article 38-2 of the Act (hereafter referred to as "person subject to restrictions" in this Article). |
| (2) | The head of each designated entity shall file an application with the director of the competent regional military manpower office to transfer to expert research personnel service or industrial technical personnel service or to change job of a member of the expert research personnel or industrial technical personnel, with regard to those who are not persons subject to restrictions only, as a result of the confirmation referred to in paragraph (1) . |
| (3) | The director of the competent regional military manpower office may, when it is deemed necessary to confirm whether any applicant is a person subject to restrictions after receiving an application filed under paragraph (2) , request the head of the designated entity to submit relevant documents, including a certificate relating to matters of such head's family relationship, and to state his/her opinion, and the head of the designated entity so requested shall comply with such request. In such cases, the director of the competent regional military manpower office shall confirm the certificate of corporate registered matters through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010> |
| (4) | Necessary matters concerning the submission and management of relevant documents, the time and method for stating opinions, etc. under paragraph (3) shall be determined and published by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 82 (Administration of Human Resources including Expert Research Personnel) |
| (1) | The head of the competent regional military manpower office shall manage a list of expert research personnel (or industrial technical personnel) and the military service records of persons transferred to expert research personnel service and industrial technical personnel service under Articles 78 through 81. |
| (2) | The head of each designated entity, general director of each agricultural technology center (referring to the head of the competent Si/Gun/Gu where no agricultural technology center has been established; hereafter the same shall apply in this Section) or president of the National Fisheries Research and Development Institute shall manage the service of persons transferred to expert research personnel service or industrial technical personnel service in the relevant enterprises or jurisdictional areas: Provided, That in cases of a designated entity in the fisheries or maritime transportation industry, the service of such persons may be managed for each branch office or subbranch of the designated entity located in a harbor area. |
| (3) | The head of each designated entity, general director of each agricultural technology center, or president of the National Fisheries Research and Development Institute who manages service as prescribed in paragraph (2) shall manage a list and the military service records of expert research personnel or industrial technical personnel (hereinafter referred to as "military service records"), and matters related to service, such as the suspension of business, discontinuation of business or closure of business of the designated entity, the transfer-in of the expert research personnel or the industrial technical personnel from another designated entity or area, leave of absence, suspension of service, secondment, changes in the assigned service, education and training, embarkation and disembarkation of ships, sick leave, overseas travels, study for a doctorate degree and call for education, shall be entered in the military service records. |
| (4) | The head of each Si/Gun/Gu shall manage a register of industrial technical personnel in the field of agriculture among those transferred to industrial technical personnel service in the field of agriculture and fisheries as prescribed in Article 81, and examine matters referred to in subparagraph 1, while the president of the National Fisheries Research and Development Institute shall manage a register of industrial technical personnel who are operators succeeding fishing business and examine matters referred to in subparagraph 2. In such cases, examination of matters referred to in subparagraphs 1 and 2 shall be conducted at least once in a month, according to the form of service evaluation of industrial technical personnel in the field of agriculture and fisheries: <Amended by Presidential Decree No. 23795, May 22, 2012> |
| 1. | Matters to examine the actual condition of service of industrial technical personnel in the field of agriculture: |
| (a) | Whether the industrial technical personnel in the field of agriculture have been laid off or resigned; |
| (b) | Whether the industrial technical personnel are engaged in the relevant field at the time of transfer; |
| (c) | Whether their technical qualifications or licenses have been cancelled or suspended or they have lost their qualifications as an operator succeeding a farming business; |
| (d) | Whether the designated entity has suspended or discontinued its business or its business has been suspended; |
| (e) | Whether the designated entity has altered its name or relocated, and whether the business place of the operator succeeding a farming business has been changed; |
| (f) | A notice of changes in status and the situation of management of human resources by the head of the designated entity and the general director of the agricultural technology center; |
| (g) | Other matters related to the mandatory service of the industrial technical personnel in the field of agriculture; |
| 2. | Matters to examine the actual condition of service of industrial technical personnel as an operator succeeding fishing business: |
| (a) | Whether the industrial technical personnel are engaged in the relevant field at the time of transfer; |
| (b) | Whether the qualifications of an operator succeeding fishing business has been lost or the place of business has been changed; |
| (c) | Other matters related to the mandatory service of the industrial technical personnel as an operator succeeding fishing business. |
| (5) | The head of each Si/Gun/Gu and the president of the National Fisheries Research and Development Institute shall prepare the results of examination of actual condition of service of industrial technical personnel in the field of agriculture or fisheries under paragraph (4) as of the end of every quarter and notify the director of the competent regional military manpower office of the results by the 15th day of the following month. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 83 (Pertinent Fields, etc. where Expert Research Personnel and Industrial Technical Personnel are to Serve) |
| (1) | Expert research personnel and industrial technical personnel under Article 39 of the Act shall serve in the following fields and be prohibited from concurrently performing other duties: |
| 1. | Expert research personnel: A field of research at the time of transfer to expert research personnel service or any field recognized by the Commissioner of the Military Manpower Administration: Provided, That any expert research personnel who serves at a university research institute may concurrently serve as an assistant; |
| 2. | Industrial technical personnel who work for key industrial enterprises in the manufacturing, mining or energy industry or in the defense industry: |
| (a) | Persons subject to enlistment as active duty servicemen: The same service field prescribed by the National Technical Qualifications Act at the time they are transferred to industrial technical personnel service: Provided, That where they obtain approval from the director of a regional military manpower office, they may work in the production or manufacturing field, other than the said service field; |
| (b) | Persons in service as administrative agency personnel and persons in supplemental service subject to a call-up to public duty personnel service: A production or manufacturing field or a field of transportation of raw materials, manufactured goods and products; |
| 3. | Industrial technical personnel who work for key industrial enterprises in the field of construction: A service field for those holding technical qualifications in the domestic or overseas construction business: Provided, That in cases of persons transferred to industrial technical personnel service who are in service as administrative agency personnel and supplemental personnel subject to a call-up to public duty personnel service, a field of construction site in the domestic or overseas construction business; |
| 4. | Industrial technical personnel who work for key industrial enterprises in the field of fisheries and maritime transportation: A field requiring license of a certified marine technician pursuant to the Ship Personnel Act or technical qualifications pursuant to the National Technical Qualifications Act, out of the fields related to vessel embarkation in an ocean, or coastal or marine transportation business (in cases of persons transferred to industrial technical personnel service who are in service as administrative agency personnel and supplemental personnel subject to a call-up to public duty personnel service, a field of onboard ship service). In such cases, where a member of the personnel gets off a vessel during his service on board the vessel, he shall get on board a vessel owned by the enterprise he is working for within three months (the period of paid vacation provided for in the Seafarers Act shall not be included), and the period during which he is off the ship shall not exceed a total of three months per year, unless any extenuating circumstances exist; |
| 5. | Industrial technical personnel who are technical experts: A field of pertinent technical skill at the time of transfer to industrial technical personnel service; |
| 6. | Industrial technical personnel who serve in the field of farming or fishing: A field of farming or fishing, operation of agricultural machinery, or agricultural machinery after-sale service at the time of transfer to industrial technical personnel service. |
| (2) | When it is impossible to be engaged in the pertinent field pursuant to paragraph (1) because the payment of wages is in arrears for three or more months due to disruption of management of a designated entity, etc. or because the operation of a designated entity is suspended due to bankruptcy, etc. during the period of mandatory service, expert research personnel or industrial technical personnel shall report to the director of the competent regional military manpower office within 30 days from the date when such cause accrues. |
| (3) | Persons who are to be transferred to expert research personnel service or industrial technical personnel service shall submit a written oath of faithful service under Article 39 (4) of the Act (including any written oath of faithful service in electronic format), as determined by Ministerial Decree of National Defense, to the director of the competent regional military manpower office. |
| (4) | The director of the competent regional military manpower office may educate expert research personnel and industrial technical personnel about matters they have to abide by and systems involving them during the period of their mandatory service, as prescribed by the Commissioner of the Military Manpower Administration, and may request the head of a designated entity to cooperate in conducting such education. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 84 Deleted. <by Presidential Decree No. 15380, May 27, 1997> |
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| Article 85 (Change of Job by Expert Research Personnel and Industrial Technical Personnel) |
| (1) | Expert research personnel and industrial technical personnel shall serve at a designated entity at the time of their transfer: Provided, That in cases where any of the following events occurs, they shall serve at another designated entity in the pertinent field as prescribed in Article 83: |
| 1. | When the designated entity where they are in service discontinues operations or when its designation is cancelled; |
| 2. | When the designated entity where they are in service suspends operations for over six months or when it is ordered to cease operations; |
| 3. | When the recognition as an after-sales service entity of agricultural machinery is cancelled; |
| 4. | When persons who are enrolled in a doctorate program at a graduate school of natural sciences and have enlisted as expert research personnel (hereinafter referred to as "expert research personnel enrolled in a doctorate program at a graduate school of natural science") earn a doctorate degree from the pertinent graduate school. |
| (2) | When expert research personnel or industrial technical personnel fall under any of the following subparagraphs, notwithstanding the main sentence of paragraph (1), they may be engaged in another designated entity after obtaining approval from the director of the competent regional military manpower office: Provided, That where they move to another designated entity of the same juristic person, the notice for change in status shall have the effect of such approval <Amended by Presidential Decree No. 22752, Mar. 29, 2011>: |
| 1. | When the period under the following classification has elapsed from the time they were transferred to expert research personnel service or industrial technical personnel service (where they moved to another designated entity, the time of such movement): |
| (a) | Expert research personnel: One and half years; |
| (b) | Industrial technical personnel: One year; |
| 2. | When expert research personnel enrolled in a doctorate program at a graduate school of natural sciences complete a doctorate program and wish to serve at another research institute which is a designated entity; |
| 3. | When the change of job is necessary for the production of materials of the defense industry or when personnel are unable to serve in the pertinent field of the designated entity due to occurrence of such unavoidable circumstances as closure, relocation, reduction, etc. of production equipment or field of research; |
| 4. | When personnel who were serving aboard a ship get off the ship on account of the expiration of the contracted period of employment or when reboarding the ship within the period provided for in the latter part of Article 83 (1) 4 is deemed difficult due to repairs, etc. of the ship; |
| 5. | When the payment of wages is in arrears for a total period of not less than three months due to disruption of management of the designated entity, etc., or such enterprise has suspended business or has been issued disposition of suspension of business; |
| 6. | When a person dismissed from a designated entity makes an application for relief to the Labor Committee or institutes a lawsuit in which an effect of dismissal is disputed to a court of law, resulting in a confirmation that the dismissal was unlawful or unfair; |
| 7. | Where expert research personnel engaged in a research institute, other than a research institute attached to a small or medium enterprise, intend to move to a research institute attached to a small or medium enterprise and to be engaged therein; |
| 8. | When a person who has been compelled to commit an offense by an instruction from the head of a designated entity files a report thereon under Article 91-3 (3) (limited to the relevant reporting person in cases of transfer); |
| 9. | Where a person who has been damaged by a violation of the head of a designated entity (including a person who is in charge of service administration on behalf of the head of a designated entity) notifies under Article 104 (1) of the Labor Standards Act the Minister of Labor and Employment or the labor inspector of the offense, which has been confirmed to be unlawful or wrongful act; <Added by Presidential Decree No. 22752, Mar. 29, 2011> |
| (3) | Expert research personnel or industrial technical personnel who wish to be transferred to another designated entity under paragraphs (1) and (2) , shall transfer and serve at the another designated entity within three months from the day when the ground for the transfer accrues, or when the approval for the transfer is obtained (any personnel who serve on board a ship shall be transferred within three months from the day they are off the ship), and the period of standby for a transfer to another designated entity shall be deemed the period of service in the pertinent field: Provided, That if the director of the competent regional military manpower office deems the extension of a waiting period for the change of a designated entity to be necessary for any inevitable reason, he may extend such waiting period within the limit of three months. |
| (4) | Where expert research personnel or industrial technical personnel are transferred to and are serving at another designated entity as provided for in paragraphs (1) through (3) , the head of the designated entity shall forward their military service records to the head of the designated entity where they serve anew: Provided, That in cases where another designated entity to which expert research personnel or industrial technical personnel are to be transferred for work is not determined when any event prescribed in the subparagraphs of paragraph (1) occurs, the head of the designated entity shall forward their military service records to the director of the competent regional military manpower office. |
| (5) | Expert research personnel or industrial technical personnel seeking to transfer to and work for another designated entity under paragraph (2) shall file an application for approving his transfer with the head of the designated entity for which he is presently working: Provided, That in cases where he intends to transfer to another designated entity as prescribed in paragraph (2) 6 or 8 through 12, he may file an application directly with the director of the competent regional military manpower office. <Amended by Presidential Decree No. 22752, Mar. 29, 2011> |
| (6) | The head of each designated entity shall, upon receiving an application for approving transfer (including any application in electronic format) as prescribed in the main sentence of paragraph (5) , enter his opinion on the transfer in the application for approving the transfer (including any application in electronic format) and forward it to the director of the competent regional military manpower office. |
| (7) | The director of the competent regional military manpower office shall, upon receiving an application for transfer as prescribed in the proviso to paragraph (5) , notify the head of the designated entity for which the appliant is engaged in and the applicant in question of whether he approves it or not; where he has received an application for transfer as prescribed in paragraph (6) , he shall notify the head of the designated entity for which such applicant is engaged in whether he approved it and the head of the designated entity shall notify the applicant of the fact. In such cases, the director of the competent regional military manpower office shall, when he approves the applicant's transfer to a designated entity in an area outside his jurisdiction, notify the director of the relevant regional military manpower office of such fact. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 86 (Exceptions to Mandatory Service of Industrial Technical Personnel) |
| (1) | Any technical expert transferred to industrial technical personnel service as provided for in Article 38 (1) 3 of the Act may move to and serve at another designated entity or serve individually in the technical field in which he served at the time of transfer (including service at an undesignated entity) notwithstanding the provisions of Article 85, and in cases where he serves individually, he shall submit a report on changes in status for technical experts (including any report compiled in electronic format) with regard to changes in status as prescribed in Article 91 to the director of the competent regional military manpower office who had jurisdiction over him at the time of his transfer to industrial technical personnel service within 14 days from the accrual of the ground therefor. |
| (2) | Successors to farmers or fishermen transferred to industrial technical personnel service or persons who serve as personnel who operate agricultural machinery of an agricultural corporation in accordance with Article 81 (1) 1 and 2 may, notwithstanding the provisions of Article 83, serve in the field that falls under any of the following subparagraphs only during the leisure season for farmers, and such period shall be deemed the period served in the relevant field: |
| 1. | When successors to farmers or fishermen engage in profit-making activities outside the realm of agriculture; |
| 2. | When the personnel who operate agricultural machinery of an agricultural corporation serve in tasks, other than the operation of agricultural machinery, which are within the purposes of the founding of the pertinent corporation. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 87 (Educational Training, Service while on Dispatch, etc.) |
| (1) | When the head of a designated entity, general director of an agricultural technology center or president of the National Fisheries Research and Development Institute intends to have any expert research personnel or industrial technical personnel undergo domestic educational training related to the relevant field, or perform a service while on dispatch within Korea in order to perform the related duties (including an official trip; hereafter the same shall apply in this Section) during the mandatory service period, he/she shall obtain approval from the director of the competent regional military manpower office within the extent listed in the following subparagraphs, by submitting an application for approval for educational training or application for approval for service while on dispatch together with a copy of their military service records; and such period of domestic educational training, or domestic service while on dispatch shall be deemed the period where the person concerned has worked in the relevant field of the designated entity: Provided, That the approval of domestic educational training or domestic service while on dispatch not exceeding three months shall be substituted by notification of changes in status under Article 91: |
| 1. | Domestic educational training: A period of six months in total during the period of mandatory service; |
| 2. | Domestic service while on dispatch: A period of two years in total during the period of mandatory service: Provided, That in cases of industrial technical personnel, a period of one year in total. |
| (2) | Approval for domestic service while on dispatch granted by the director of the competent regional military manpower office as prescribed in paragraph (1) shall be limited to a domestic service while on dispatch according to the following classification: |
| 1. | In cases of expert research personnel, a domestic service while on dispatch falling under any of the following items: |
| (a) | Dispatch between designated entities belonging to the same corporation in order to perform related duties; |
| (b) | Dispatch for joint research between designated entities or to research institutes belonging to the same juristic person or another juristic person, which are not designated entities; |
| (c) | Other dispatch recognized by the Commissioner of the Military Manpower Administration as necessary to conduct trial operation, technical guidance, etc. in the field of research and development; |
| 2. | In cases of industrial technical personnel, a domestic service while on dispatch falling under any of the following items: |
| (a) | Dispatch between designated entities of the same type or field of business; |
| (c) | Other dispatch recognized by the Commissioner of the Military Manpower Administration as necessary to provide technical guidance for the installment or the trial operation of machinery, equipment, etc. manufactured or produced. |
| (3) | The director of the competent regional military manpower office shall, upon receiving an application for approving educational training or an application for approving service while on dispatch under paragraph (1) , notify the head of the relevant designated entity of whether to approve it. In such cases, the head of the designated entity shall notify the principal of such fact. |
| (4) | Where expert research personnel or industrial technical personnel wish to go on an overseas trip during the period of mandatory service for the execution of tasks and participation in an overseas internship which is related to the pertinent field, they shall obtain permission for overseas trip or permission for an extension of the period of overseas trip from the Commissioner of the Military Manpower Administration in accordance with Articles 145 and 147, and the period of overseas trip shall be limited to a total period of not more than two years. In such cases, the period of overseas trip totaling six or less months during the period of mandatory service shall be deemed the period of service in the pertinent field, but in cases where expert research personnel have obtained permission for overseas trip because they fall under causes, such as joint research, technical training, technical guidance, etc. related to the pertinent field, as prescribed by the Commissioner of the Military Manpower Administration, all of such period of overseas trip shall be deemed the period of service in the pertinent field. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 88 (Pursuit of Academic Degree by Expert Research Personnel and Industrial Technical Personnel) |
| (1) | Expert research personnel and industrial technical personnel shall not pursue an academic degree at an educational institution during their period of mandatory service (in cases of graduate schools, pursuit of an academic degree refers to an academic course; hereinafter the same shall apply): Provided, That where they fall under any of the following subparagraphs, this shall not apply: |
| 1. | Where they are in pursuit of an academic degree in night school, or broadcast and communications school; |
| 2. | Where expert research personnel pursue a doctoral degree in a domestic educational institution: Provided, That it is limited to a person who may finish his period of mandatory service by the time he reaches 35 years of age, and the schooling period shall not exceed three and a half years. |
| (2) | Where expert research personnel intend to pursue a doctorate program pursuant to paragraph (1) 2, they shall apply for schooling to the head of the designated entity and the head of the designated entity who has received the application shall determine the period of schooling and notify the director of the competent regional military manpower office of the changes in status (in cases of expert research personnel enrolled in a doctorate program at a graduate school of natural science, it shall be deemed to have notified schooling simultaneously with the enlistment in expert research personnel service) pursuant to Article 91. |
| (3) | When expert research personnel pursue an academic degree in violation of paragraphs (1) and (2) , or when industrial technical personnel pursue an academic degree in violation of paragraph (1) , they shall be deemed to have not served in the pertinent field of the designated entity at the time of their transfer under subparagraph 2 of Article 40 of the Act. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 89 (Calculation of Period of Mandatory Service) |
| (1) | The period of mandatory service of expert research personnel and industrial technical personnel shall be calculated from the day they are transferred to expert research personnel service and industrial technical personnel service (for persons who have been transferred to industrial technical personnel service and are expected to work on board a ship in the field of fisheries and maritime transportation, the period of mandatory service shall be calculated from the day they board the ship): Provided, That for expert research personnel enrolled in a doctorate program at a graduate school of natural science, the period of mandatory service shall be calculated from the day they serve at a research institute selected as a designated entity, following their completion of the relevant doctorate program under Article 88. |
| (2) | The period of mandatory service of expert research personnel and industrial technical personnel which falls under any of the following subparagraphs shall not be included in the period of mandatory service: Provided, That with respect to the period during which industrial technical personnel actually served for operation, etc. of facilities and equipment in cases of subparagraph 3, and with respect to the period of overseas trip in cases where expert research personnel obtain permission for the overseas trip because they fall under such causes as joint research, technical training, technical guidance, etc. related to the pertinent field, as prescribed by the Commissioner of the Military Manpower Administration in cases of subparagraph 4, the same shall not apply: |
| 1. | The period of a pursuit of a doctorate degree; |
| 2. | The period of leave of absence (excluding the period of leave of absence granted due to injuries, diseases or physical trouble in the course of duties under Article 78 (1) or 80 of the Labor Standards Act) or the period of suspension from office; |
| 3. | The period of suspension of operations, shutdown of operations, or ordered cessation of operations of a designated entity; |
| 4. | The period of an overseas trip exceeding a total of six months, or of vacation, temporary rest from service and nonattendance due to a disease exceeding a total of three months, during the period of mandatory service; |
| 5. | The period during which persons who are to serve on board a ship exceed the period of standby due to unavoidable circumstances prescribed in the latter part of Article 83 (1) 4; |
| 6. | The progressive period, in cases where a person who was dismissed from a designated entity makes an application for relief to the Labor Committee or institutes a lawsuit in which an effect of dismissal is disputed in a court of law, resulting in the confirmation that the dismissal is lawful; |
| 7. | The period exceeding three months during a waiting period for a change of a designated entity; |
| 8. | The period for which he does not engage in the relevant field of a designated entity when he is enlisted under the proviso to Article 41 (1) of the Act; |
| 9. | The period during which he is absent from his duty without obtaining permission therefor for less than a total of eight days during the period of mandatory service. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 90 (Expiration of Period of Mandatory Service) |
| (1) | The head of each designated entity, general director of each agricultural technology center or president of the National Fisheries Research and Development Institute shall furnish a list of persons whose period of mandatory service as expert research personnel and industrial technical personnel is to expire, their military service certificates, and their military service records to the director of the competent regional military manpower office by the 10th day of the month prior to the expiration of the mandatory service. In such cases, for industrial technical personnel in the field of agriculture, the documents mentioned above shall be forwarded to the director of the competent regional military manpower office via the head of the competent Si/Gun/Gu. |
| (2) | When expert research personnel and industrial technical personnel are soon to complete their mandatory service, the director of the competent regional military manpower office shall record the day when they are to complete their mandatory service by the first day of the month on which the period of required service expires; issue the disposition of expiration of military service; notify the director of the regional military manpower office and the head of the designated entity of the above-mentioned contents; and deliver to the person in question a certificate in which the contents of that execution are recorded and arranged via the head of the designated entity, general director of the agricultural technology center or president of the National Fisheries Research and Development Institute. |
| (3) | When expert research personnel and industrial technical personnel have not been called for education during the period of mandatory service due to reasons, such as overseas service or service on board a ship, the disposition of expiration of service shall be held in abeyance, and the expiration of service shall be disposed of, following the call for education. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 91 (Notification of Changes in Status, etc.) |
| (1) | Where expert research personnel, industrial technical personnel, or a designated entity falls under any of the reasons prescribed in Article 40 of the Act or any of the following subparagraphs, the head of the designated entity, general director of the agricultural technology center or president of the National Fisheries Research and Development Institute shall notify the director of the competent regional military manpower office within 14 days (through the head of the competent Si/Gun/Gu where any industrial technical personnel in the field of agriculture are employed). In such cases, where any event falling under subparagraph 6 of Article 40 of the Act and any of subparagraphs 5 through 7 of this paragraph occurs, he/she shall also notify the person who has the authority to recommend enterprises for designated entities of such fact: |
| 1. | Where the location of a business site of a succeeding farmer or fisherman is changed; |
| 2. | Where they have a vacation, temporary rest from service and nonattendance exceeding a total of three months due to a disease, during the period of mandatory service; |
| 3. | Where domestic educational training or a service while on dispatch for the execution of related tasks for less than three months during the period of mandatory service is implemented; |
| 4. | Where the expert research personnel enrolled in a doctorate program at a graduate school of natural science have completed a doctorate program in accordance with Article 88 and serve as expert research personnel at a pertinent research institute, or obtain a doctorate; |
| 5. | Where the operations of the designated entity are suspended due to bankruptcy; |
| 7. | Where the title of the designated entity or its type of business is altered, the size and research field of the research institute is altered, the research institute is relocated, or the registration of an agricultural machinery after-sales service establishment is cancelled; |
| 8. | Where a transfer is made to another designated entity within the same juristic person; |
| 9. | Where they are absent from their duties without obtaining permission therefor; |
| 10. | Where service while on dispatch is performed between designated entities; |
| 11. | Where the expert research personnel study in a doctorate program pursuant to Article 88 (1) 2. |
| (2) | When the director of the competent regional military manpower office finds that a designated entity shuts down, ceases, closes or discontinues its operations, or is notified of the change of the designated entity in accordance with paragraph (1) 5 through 7, he/she shall report to the Commissioner of the Military Manpower Administration within seven days. |
| (3) | Where the period of domestic educational training or dispatch service is seven or less days notwithstanding paragraph (1) 3 and 10, the entry and filing of military service records shall substitute for the notification of changes in status. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 91-2 (Deferment of Cancellation of Transfer to Expert Research Personnel Service, etc.) |
| (1) | When a person dismissed from office during the period of his mandatory service after having been transferred to expert research personnel service or industrial technical personnel service wishes deferment of the cancellation of transfer pursuant to the proviso to Article 41 (1) of the Act, he shall submit an application for deferment of cancellation of transfer to expert research personnel service or industrial technical personnel service (including any application in electronic format) to the director of the competent regional military manpower office within 30 days from the date of dismissal from the designated entity. |
| (2) | The director of the competent regional military manpower office shall, when receiving an application for deferment of the cancellation of transfer to expert research personnel service or industrial technical personnel service pursuant to paragraph (1) , make a decision thereon and then notify the applicant of the result thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 91-3 (Extended Service, etc. of Expert Research Personnel, etc.) |
| (1) | "Cause prescribed by Presidential Decree" in the proviso to Article 41 (1) of the Act means any case where a person falling under subparagraph 2 of Article 40 of the Act commits a violation against his will under the direction of the head of the designated entity concerned. |
| (2) | Standards for extending the mandatory service period under the proviso to Article 41 (1) of the Act shall be as shown in Appendix3. |
| (3) | When a person who has been compelled to commit an offense by an instruction from the head of the designated entity concerned files a report thereon to the director of the competent regional military manpower office within 30 days therefrom, his mandatory service period needs not be extended, notwithstanding the provisions of paragraph (2) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 92 (Disposition of Persons whose Transfer to Expert Research Personnel Service, etc. has been Cancelled) |
| (1) | When any person's transfer to expert research personnel service or industrial technical personnel service has been cancelled pursuant to Article 41 (1) of the Act, the head of a designated entity shall forward such person's military service record to the director of the competent regional military manpower office. |
| (2) | With respect to a person whose transfer to expert research personnel service or industrial technical personnel service has been cancelled, the director of the competent regional military manpower office shall transfer the jurisdiction of the military register to the director of the regional military manpower office who had jurisdiction over such person before he was transferred to expert research personnel service or industrial technical personnel service so that such director would be able to impose a military service obligation upon him in accordance with Article 41 (3) of the Act. In such cases, with respect to any person who falls under the main sentence of paragraph (3) , the director of the competent regional military manpower office shall record the reduced period of service on his military service record and transfer the jurisdiction over him. |
| (3) | When expert research personnel or industrial technical personnel enlist for active duty service or are called to public duty personnel service in accordance with Article 41 (4) of the Act, the chief of staff of each service branch or the director of each regional military manpower office shall reduce their period of service by one month per four months for each mandatory service period only in cases of personnel whose mandatory service period in a designated entity is one or more year: Provided, That with respect to persons who fall under Article 63 (2) of the Act, the period of service shall not be reduced. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 92-2 (Service Period of Active Duty Servicemen Transferred to Supplemental Service during Active Duty Service) |
The service period of those transferred to supplemental service as prescribed in Article 42 (3) of the Act shall be the period calculated in accordance with the following equation; however, numbers shall be rounded to the decimal point: [This Article Added by Presidential Decree No. 21867, Dec. 7, 2009]
Section 4 Investigation into Actual Conditions of Public Duty Personnel, etc.
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| Article 93 (Investigations of Actual Conditions of Public Duty Personnel, etc.) |
| (1) | The director of each regional military manpower office or the director of each competent regional military manpower office shall conduct an annual investigation of the actual conditions in each service institution and designated entity, or where necessary (including investigation into research institutes where expert research personnel are in service while on dispatch), may conduct such investigation at any time, for studying actual conditions of service by public duty personnel, expert research personnel and industrial technical personnel, actual status of the management of military service resources, such as notification of changes in status, grounds for the cancellation of selection as designated entities, actual state of the arrangement of related documents, etc. and shall then notify the results of the investigation to the Commissioner of the Military Manpower Administration: Provided, That any service institution or designated entity, of which actual service management is deemed excellent as a result of a regular investigation, may be exempted from such regular investigation of the following year. |
| (2) | The director of a regional military manpower office may assess the actual status of service management, etc. by service institutions or designated entities when he/she conducts an investigation of the actual conditions thereof pursuant to paragraph (1) . |
| (3) | Matters concerning the methods of and the standards for making an assessment referred to in paragraph (2) , the practical use of assessment results, including preferential treatment of outstanding service institutions and outstanding designated entities, shall be determined by the Commissioner of the Military Manpower Administration. |
| (4) | The head of each service institution, designated entity, or research institute in which expert research personnel are in service while on dispatch, subject to an investigation into actual conditions in accordance with paragraph (1) , shall actively cooperate with such investigation into actual conditions. |
| (5) | Where the head of an enterprise or research institute in which expert research personnel are in service while on dispatch fails to comply with a request to submit data or to answer questions for an investigation into the actual conditions of service management under paragraph (1) , the director of the competent military manpower office may cancel the approval for dispatch. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER VI IMPOSITION OF DUTIES FOR MILITARY FORCE MOBILIZATION CALL, ETC.
Section 1 Call for Military Force Mobilization
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| Article 94 (Military Force Mobilization Plans) |
| (1) | The chief of staff of each service branch shall submit an operational plan for military force mobilization for the following year, which describes the number of necessary personnel subject to military force mobilization for each military unit in which they are to enlist, rank, career branch, and military occupational specialty, and time of mobilization, etc. to the Minister of National Defense by July 31 of each year, and obtain approval therefrom. |
| (2) | The Minister of National Defense shall forward an operational plan for military force mobilization which he/she has approved in accordance with paragraph (1) to the Commissioner of the Military Manpower Administration and the chief of staff of each service branch by August 31 of each year; the Commissioner of the Military Manpower Administration who has received the above-mentioned operational plan for military force mobilization shall draft a plan for military force mobilization call and forward it along with an operational plan for military force mobilization to the directors of regional military manpower offices by September 15 of each year, while the chief of staff of each service branch shall forward the operational plan for military force mobilization to the commanding officers of military units where the mobilized troops enlist by September 15 of each year and the commanding officers of such military units shall forward a mobilization requirement table by military unit to the directors of regional military manpower offices by September 30 of each year. |
| (3) | Where the directors of regional military manpower offices have received an operational plan for military force mobilization and a plan for military force mobilization call as prescribed in paragraph (2) , they shall draft an implementation plan for military force mobilization call and report it to the Commissioner of the Military Manpower Administration by November 30 of each year, and forward it to the commanding officers of authorized military units under Article 2 (2) of the Enforcement Decree of the Establishment of Homeland Reserve Forces Act. <Amended by Presidential Decree No. 22687, Mar. 2, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 95 (Designation of Persons subject to Military Force Mobilization) |
| (1) | When the directors of regional military manpower offices intend to designate persons subject to military force mobilization as prescribed in Article 45 of the Act, they shall designate such persons, taking into consideration the requirements for mobilization of military units, such as rank, career branch, military occupational specialty, etc. of persons subject to military force mobilization by region. |
| (2) | The order of designation of persons subject to military force mobilization by branch of military service under paragraph (1) , extent of designation and other necessary matters shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 96 (Service, etc. of Notice of Call for Military Force Mobilization) |
Where the director of a regional military manpower office intends to issue a call for military force mobilization as prescribed in Article 46 (1) of the Act, he/she shall serve a notice of call for military force mobilization on the persons in question. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 97 (Establishment and Operation of Enlistment Offices for Military Force Mobilization Call) |
| (1) | The commanding officers of military units where persons subject to a call for military force mobilization are to enlist shall select an area for escort and admission of such persons after consultation with the directors of regional military manpower offices and establish an enlistment office in order to perform duties concerning the escort and admission of persons who are to enlist according to the call for military force mobilization: Provided, That in cases where the area for escort and admission of persons to enlist is not in a military unit where such persons enlist, the director of the competent regional military manpower office shall establish an enlistment office. |
| (2) | Matters necessary for the handling of enlistment affairs, such as the time and procedures for escort and admission, etc. shall be determined by the Commissioner of the Military Manpower Administration after consultation with the chief of staff of each service branch. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 98 (Physical Examination for Military Force Mobilization Call and Sending Invalids Home, etc.) |
| (1) | Article 25 shall apply mutatis mutandis to the physical examination, etc. for a call for military force mobilization under Article 47 of the Act. In such cases, "list of persons enrolled in active duty service" shall be construed as "list of persons called up for military force mobilization" |
| (2) | With regard to invalids as provided for in Article 47 (2) of the Act whose physical grade is specified, the director of the competent regional military manpower office shall assign them to the relevant armed forces in accordance with their physical grade, and with regard to persons whose recuperation period is specified, the director of the competent regional military manpower office may call them up or order a re-examination in accordance with the standards determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 99 (Military Force Demobilization) |
The Minister of National Defense may have the chief of staff of each service branch order military force demobilization in any of the following cases. In such cases, the chief of staff of each service branch may entrust his authority to the commanding officers of affiliated military units:
| 1. | Where a war or emergency has ended; |
| 2. | Where mobilization orders have been cancelled; |
| 3. | Where adjustment of quota is deemed necessary. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
Section 2 Call for Military Force Mobilization Training
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| Article 100 (Military Force Mobilization Training Plans) |
| (1) | The chief of staff of each service branch shall submit an operational plan for military force mobilization training which describes the form of military force mobilization training or check-up of persons subject to military force mobilization training for the following year, number of necessary persons by military unit and by date of enlistment, etc. to the Minister of National Defense by October 31 of each year, and obtain approval therefrom. Where wishing to make alterations to an already approved plan, the chief of staff of each service branch shall submit an altered plan to the Minister of National Defense 60 days prior to the date of enlistment and obtain approval therefrom. |
| (2) | The Minister of National Defense shall forward an operational plan for military force mobilization training which he has approved in accordance with paragraph (1) to the Commissioner of the Military Manpower Administration and the chief of staff of each service branch by November 20 of each year (in cases of an altered plan, 40 days prior to the date of enlistment) respectively; the Commissioner of the Military Manpower Administration who has received the above-mentioned plan shall draft a planformilitaryforcemobilization training call to the directors of regional military manpower offices, and the chief of staff of each service branch shall forward the operational plan for military force mobilization training to the commanding officers of the military units where persons are to enlist by December 10 (in cases of an altered plan, 30 days prior to the date of enlistment) of each year respectively. |
| (3) | Where the directors of regional military manpower offices have received a planformilitaryforcemobilization training call under paragraph (2) , they shall draft an implementation plan for militaryforcemobilization training call, report it to the Commissioner of the Military Manpower Administration by December 31 of each year (in cases of an altered plan, without delay), and forward it to the commanding officers of the military units where persons are to enlist. |
| (4) | Where the directors of regional military manpower offices have drafted and reported an implementation plan for militaryforcemobilization training call as prescribed in paragraph (3) , they shall draft a detailed implementation plan for militaryforcemobilization training call which includes various support measures, such as transportation, food distribution, etc., and forward it to the commanding officers of the military units where persons are to enlist by not later than the end of February of each year. |
| (5) | In cases of training or check-up without advance notice in preparation for a military force mobilization call, the deadline for the drafting and forwarding of an operational plan for militaryforcemobilization training, etc. may be advanced notwithstanding the provisions of paragraphs (1) through (3) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 101 (Service, etc. of Notice of Call for Military Force Mobilization Training) |
| (1) | Where the directors of regional military manpower offices intend to call up persons subject to military force mobilization training call, they shall serve a notice of call for military force mobilization training on the persons in question by not later than seven days prior to the date of enlistment. |
| (2) | Any person subject to military force mobilization training who has received a notice of call for military force mobilization training before he moved residence shall enlist as specified in the notice even after he moved residence; where public announcement of a call for military force mobilization training under Article 50 (4) of the Act has been made, he shall enlist as announced publicly: Provided, That in cases of persons determined by the Commissioner of the Military Manpower Administration from among those who have moved residence as an entire household, with whom they live in the same household as specified in the residence registration card, the directors of regional military manpower offices may have them enlist after re-designating military units in which they are to enlist and the date of enlistment. |
| (3) | In cases of a call for military force mobilization training, etc. to be implemented without designating the date of enlistment in advance in accordance with an operational plan for military force mobilization training, notwithstanding the provisions of paragraph (1) , the period of service of the relevant notice may be reduced. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 102 (Establishment and Operation of Enlistment Office for Call for Military Force Mobilization Training) |
Article 97 shall apply mutatis mutandis to the handling of enlistment affairs, such as the time and procedures for the escort and admission of persons who are to enlist according to a call for military force mobilization training. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 103 (Physical Examination for Military Force Mobilization Training Call and Sending Invalids Home) |
| (1) | Article 25 shall apply mutatis mutandis to the physical examination for enlistment following a call for military force mobilization training, etc. under Article 51 of the Act. In such cases, "list of persons enrolled in active duty service" shall be construed as "list of persons called for military force mobilization training" |
| (2) | The directors of regional military manpower offices may recall invalids as prescribed in Article 51 (2) of the Act to the relevant military units on the next enlistment date or may exempt them from calls for military force mobilization training of the year. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 104 (Discharge from Call for Military Force Mobilization Training) |
Where persons in service for a call for military force mobilization training fall under any of the following subparagraphs, the commanding officers of the relevant military units shall discharge them from the call for military force mobilization training :
| 2. | Where the persons have been mobilized; |
| 3. | Where the Minister of National Defense has acknowledged that the call for military force mobilization training is unnecessary. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
Section 3 Call for Wartime Labor
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| Article 105 (Plan for Wartime Labor Call, etc.) |
| (1) | The provisions of Articles 94 through 99 shall apply mutatis mutandis to plans for wartime labor call, designation of persons subject to a call, service of notice, establishment and operation of enlistment offices, physical examination for enlistment, handling of invalids, discharge from a call, etc. under Article 53 of the Act. In such cases, "persons subject to a call for military force mobilization" shall be construed as "persons subject to a call for wartime labor" "operational plan for military force mobilization" as "operational plan for wartime labor call" "plan for military force mobilization call" as "plan for wartime labor call" "implementation plan for military force mobilization call" as "implementation plan for wartime labor call" "notice of call for military force mobilization" as "notice of call for wartime labor" "enlistment office for a call for military force mobilization" as "enlistment office for a call for wartime labor" "physical examination for enlistment following a call for military force mobilization" as "physical examination for enlistment following a call for wartime labor" and "discharge from a call for military force mobilization " as "discharge from a call for wartime labor" |
| (2) | The provisions of Articles 100 through 104 shall apply mutatis mutandis to any check-up made in preparation for a wartime labor call as prescribed in Article 53 (2) of the Act. In such cases, "persons subject to a call for military force mobilization training" shall be construed as "persons subject to check-up for wartime labor call" "operational plan for military force mobilization training" as "operational plan for check-up for wartime labor call" "plan for military force mobilization training call" as "plan for check-up for wartime labor call" "implementation plan for military force mobilization training call" as "implementation plan for check-up for wartime labor call" "notice of a call for military force mobilization training" as "notice of check-up for wartime labor call" "enlistment office for military force mobilization training call" as "enlistment office for check-up for wartime labor call" "physical examination for enlistment following a call for military force mobilization training" as "physical examination for enlistment following a call for wartime labor call" and "discharge from a call for military force mobilization training" as "discharge from check-up for wartime labor call" |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
Section 4 Call for Education
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| Article 106 (Call for Education of Supplemental Service Personnel) |
| (1) | The directors of regional military manpower offices shall report the number of persons subject to a call for education of supplemental service personnel to be implemented in the following year to the Commissioner of the Military Manpower Administration by no later than July 31 of each year. |
| (2) | Where the Commissioner of the Military Manpower Administration has received reports under paragraph (1) , he/she shall collate the reports and notify the chief of staff of each service branch of the reports, and the chief of staff of each service branch who has been notified thereof shall draft an operational plan for education call which describes the number of persons necessary for each military unit in which they are to enlist and for each date of enlistment, and obtain approval from the Minister of National Defense by not later than September 30 of each year. |
| (3) | The Minister of National Defense shall forward an operational plan for education call which he has approved in accordance with paragraph (2) to the Commissioner of the Military Manpower Administration and the chief of staff of each service branch, respectively, by no later than October 15 of each year; the Commissioner of the Military Manpower Administration who has received the above-mentioned plan shall draft an enlistment plan for education call and forward it to the directors of regional military manpower offices, while the chief of staff of each service branch shall forward an operational plan for education call to the commanding officers of military units where persons are to enlist without delay. |
| (4) | Where the commanding officers of military units where persons are to enlist have received an operational plan for education call under paragraph (3) , they shall notify the directors of regional military manpower offices of the number of persons scheduled for a call for education by enlistment date by no later than November 30 of each year. |
| (5) | Where the directors of regional military manpower offices have received an enlistment plan for education call under paragraph (3) , they shall draft an implementation plan for enlistment for an education call, report it to the Commissioner of the Military Manpower Administration, and forward it to the commanding officers of military units where persons are to enlist. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 107 (Implementation of Call for Education) |
An education call of supplemental personnel shall be implemented for each place of residence, location of job, or agency to which they belong, and according to the following classification: <Amended by Presidential Decree Nos. 22286 & 22290, Jul. 21, 2010>
| 1. | Public duty personnel: Simultaneous with a call-up to public duty personnel service; however, if extenuating circumstances exist, within one year from the day the public duty personnel are called: Provided, That in cases of persons who have completed a call for education as prescribed in Article 55 of the Act before they are called to public duty personnel service and persons enlisted as active duty servicemen and transferred to supplemental service as prescribed in Article 137 (1) 3 and 6, such persons shall be exempted from the call for education; |
| 2. | Public health doctors, doctors exclusively in charge of the draft physical examination, international cooperative doctors, public-service advocates or public quarantine veterinarians: Before they are enrolled in the military register as public health doctors, doctors exclusively in charge of the draft physical examination, international cooperative doctors, public-service advocates or public quarantine veterinarians and are assigned to service institutions; |
| 3. | Expert research personnel and industrial technical personnel: During the period of their mandatory service: Provided, That in cases where they cannot be called for education during the period of their mandatory service due to reasons, such as overseas service, service on board a ship, etc., the call for education shall be implemented when the above-mentioned reasons cease to exist; |
| 4. | Crew of an intercontinental ship whose call to public duty personnel service has been postponed for not less than three years: When the reasons for the postponement cease to exist. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 108 (Period of Call for Education) |
The period of a call for education of supplemental personnel in accordance with Article 55 (1) of the Act shall not exceed 30 days: Provided, That when the Minister of National Defense deems it necessary, the period may be extended within the limit of 30 days. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 109 (Service of Notice of Education Call) |
| (1) | With regard to the service of a notice of an education call of supplemental personnel, the provisions of Article 21 shall apply mutatis mutandis. In such cases, "enlistment in active duty service" shall be construed as "call for education", and "30 days prior to the date of enlistment" shall be construed as "15 days prior to the date of enlistment" |
| (2) | When a notice of an education call of public duty personnel has been served upon persons who have been called to public duty personnel service and for education simultaneously in accordance with subparagraph 1 of Article 107, the notice of an education call shall be deemed to have been served in accordance with paragraph (1) . In such cases, matters with regard to the notification of an education call shall be recorded in the notice of an education call of public duty personnel. |
| (3) | Upon receiving a list of persons who are to enlist and their military service records, the commanding officer of the military unit where the persons are to enlist shall forward a list of persons who have enlisted (this may be substituted with a written personnel order) and a list of persons who have not enlisted (including invalids) along with their military service records to the director of the regional military manpower office without delay. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 110 (Establishment and Operation of Enlistment Office for Education Call, etc.) |
| (1) | With regard to the establishment and operation of an enlistment office for an education call for the escort and admission of persons who are called for education to supplemental service, physical examination at the assembly place, report of postponed enlistment, physical examination for enlistment, handling of invalids, etc., the provisions of Articles 22 through 26 shall apply mutatis mutandis. In such cases, "Commissioner of the Military Manpower Administration" shall be construed as "director of a regional military manpower office", and "persons subject to enlistment for active duty service" shall be construed as "persons subject to enlistment for an education call" |
| (2) | Where the provisions of Article 26 are applied mutatis mutandis under paragraph (1) , the recovery period and the frequency of invalidment for persons subject to enlistment for an education call shall be reckoned from the day the first physical examination for their active duty service is conducted. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 111 (Disposition of Retirees, etc. from Service during Call for Education) |
| (1) | The commanding officer of a military unit may retire those who are deemed not to be able to finish a call for education due to extenuating circumstances, such as an illness, etc. after the period of physical examination for enlistment pursuant to Article 56 (1) of the Act has elapsed, and the director of the regional military manpower administration shall re-execute a call for education upon the retirees after the relevant causes cease to exist: Provided, That where any of the retirees has been retired due to an illness as a result of close physical examination in a military hospital, such retiree shall be treated by applying Article 26 mutatis mutandis. |
| (2) | Where persons who were called for education pursuant to subparagraph 1 of Article 107 have retired, the period from the date of enlistment until the date of retirement shall be included in the period of service. |
| (3) | At the request of a person who has been injured in duty notwithstanding the above paragraph (1) of this Decree, the commanding officer of a military unit may not retire the person and call him up again for education after medical treatment. <Added by Presidential Decree No. 23305, Nov. 23, 2011> |
| (4) | In cases where a call for education has been executed under the above paragraph (3), the period from the date of enlistment until the previous date of call-up again for education shall be included in the period of service. <Added by Presidential Decree No. 23305, Nov. 23, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 112 (Discharge, etc. from Call for Education) |
| (1) | The commanding officer of each military unit shall discharge persons who have been called for education and fall under any of the following subparagraphs from the call for education: |
| 1. | When the period of the call for education under Article 108 expires; |
| 2. | When the Minister of National Defense deems the call for education unnecessary. |
| (2) | When the commanding officer of a military unit has cancelled a call for education, he shall forward the register of persons discharged from the call (this may be substituted with a written personnel order) and their military service records to the director of the regional military manpower office. |
| (3) | The escort and admission of public duty personnel discharged from a call for education in accordance with paragraph (1) 1 shall be conducted by the commanding officers of the military units in which they are to enlist, the directors of regional military manpower offices, or the heads of service institutions (in cases of art and sports personnel, the Minister of Culture, Sports and Tourism, and in cases of international cooperation service personnel, the Minister of Foreign Affairs and Trade) at the military units in which they are to enlist: Provided, That the escort of persons discharged from a call for education to the heads of service institutions may be substituted by forwarding of a roster, etc. of those called to public duty personnel service. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 113 (Grant of Service Numbers, Military Ranks, etc.) |
The commanding officers of the military units where men are to enlist shall grant service numbers, military ranks, and military occupational specialties with respect to supplemental personnel called for education in accordance with Article 55 (1) of the Act. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 113-2 (Call for Education of Onboard Ship Reserve Personnel) |
| (1) | Persons falling under Article 21-2 (1) 2 of the Act who have been transferred to onboard ship reserve service shall be called for education before the first service on board a ship after the transfer: Provided, That in cases of persons already in service on board a ship under the subparagraphs of Article 40-2 (1) , such persons shall be called for education when they leave the ship. |
| (3) | A written notice of an education call for onboard ship reserve personnel shall be served by the director of the competent regional military manpower office on the principal by not later than 15 days before such call for education, and Article 109 (3) shall apply mutatis mutandis to matters concerning notification of a call for education. In such cases, "director of a regional military manpower office" in Article 109 (3) shall be construed as "director of the competent regional military manpower office" |
| (4) | The provisions of Articles 22 through 26 shall apply mutatis mutandis to the establishment and operation of an enlistment office for a call for education for the escort and admission of persons enlisting for an education call as onboard ship reserve personnel, physical examination at the assembly place, report of postponed enlistment, physical examination for enlistment, handling of invalids, etc. In such cases, "Commissioner of the Military Manpower Administration" shall be construed as "director of the competent military manpower office" and "persons subject to enlistment in active duty service" as "persons subject to enlistment for an education call" |
| (5) | Where Article 26 is applied mutatis mutandis as prescribed in paragraph (4) , the recovery period of persons subject to enlistment for an education call and the number of times of invalidment shall be counted from the date of physical examination for enlistment for the first education call. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 114 (Call for Education of Those in Second Citizen Service) |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 115 (Call for Education of Reserve Personnel, etc.) |
| (1) | When the chief of staff of each service branch wishes to issue a call for education in accordance with Article 55 (2) of the Act for the purpose of granting qualifications necessary for the appointment of a commissioned officer or promoting a person in reserve service, supplemental service, or the second citizen service, he shall formulate an operational plan for education call and obtain approval from the Minister of National Defense by no later than 60 days prior to the date of enlistment. |
| (2) | The Minister of National Defense shall forward an operational plan for education call which he has approved in accordance with paragraph (1) by no later than 40 days prior to the date of enlistment to the chief of staff of each service branch, who, upon receipt of the above-mentioned plan, shall promptly forward it to the commanding officers of the military units related to the education call. |
| (3) | Necessary matters with regard to the selection of persons subject to a call for education and the service of notice of an education call, the period and details of educational training, and the grant of qualifications, etc. shall be determined by the Minister of National Defense. <Amended by Presidential Decree No. 23892, Jun. 29, 2012> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 115-2 (Promotion of Reserve Service) |
| (1) | When officers, noncommissioned officers or men enlisted for reserve service have fulfilled the minimum period of service by rank due for a promotion, which is necessary for promotion under paragraphs (2) and (3), and have completed a call for education under Article 115 (1), if they wish to be promoted, they may be promoted. |
| (2) | The minimum period of service by rank due for a promotion (including the period of service enlisted for active duty service at the same rank as the time of discharge) which is necessary for promotion of officers enlisted for reserve service shall be as follows: |
| (3) | The minimum period of service by rank due for a promotion, which is necessary for promotion of noncommissioned officers or men enlisted for reserve service shall be determined by the Minister of National Defense. |
[This Article Added by Presidential Decree No. 23892, Jun. 29, 2012]
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| Article 115-3 (Appointment of Officers Enlisted for Reserve Service) |
Where a person who has prepared for requirements of the following subparagraphs among noncommissioned officers or men enlisted for reserve service, has completed a call for education under Article 115 (1) and has passed an examination thereof, wishes to be, he/she may be appointed as an officer enlisted for reserve service: | 1. | A person who has completed the active duty service of at least two years or has completed military service of at least two years after being called; |
| 2. | A person who has graduated from a high school or is recognized as having academic attainments of the same or higher level of a high school. |
[This Article Added by Presidential Decree No. 23892, Jun. 29, 2012]
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| Article 115-4 (Authority Holder for Promotion and Appointment of Reserve Service) |
| (1) | The promotion of officers enlisted for reserve service and the appointment to officers enlisted for reserve service out of noncommissioned officers and men enlisted for reserve service shall be performed by the Minister of National Defense upon recommendation of the chief of staff of each service branch. |
| (2) | The promotion of noncommissioned officers and men enlisted for reserve service shall be performed by the chief of staff of each service branch, however, the chief of staff of each service branch may delegate, if necessary, part of his/her authority to the head of a unit having a general officer in command. |
[This Article Added by Presidential Decree No. 23892, Jun. 29, 2012]
CHAPTER VII STUDENT MILITARY EDUCATION AND ENROLLMENT OF MILITARY SURGEONS, ETC.
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| Article 116 (Students Military Education) |
| (1) | Matters necessary for the execution of military education, reduction of military service period or reduction of service period of public duty personnel for those who have received military education, enrollment on the military register as active duty officers or noncommissioned officers, etc. as prescribed in Article 57 of the Act shall be separately prescribed by Presidential Decree. |
| (2) | With regard to persons who have been enrolled on the military register as active duty servicemen in accordance with paragraph (1) , the chief of staff of each service branch shall forward a list of persons enrolled on the military register of active duty servicemen (this may be substituted with a written personnel order) to the directors of regional military manpower offices (including the heads of military manpower branch offices; hereafter the same shall apply in this Chapter), who, upon receipt of the above-mentioned register, shall forward it to the commanding officers of the military units in which they are to enlist. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 117 (Treatment of Persons Removed from Register of Officer Candidates of Student Military Training Corps) |
| (1) | Where the chief of staff of each service branch has removed officer candidates of student military training corps referred to in Article 57 (2) of the Act from the register in accordance with Article 6 of the Presidential Decree on the Implementation of Student Military Education, he shall forward the reasons therefor and the relevant list to the Commissioner of the Military Manpower Administration within 14 days from such removal, and the Commissioner of the Military Manpower Administration who has received the reasons and the list shall promptly forward them to the directors of regional military manpower offices to have such persons in question return to their status prior to their enlistment and call them up as active duty servicemen or public duty personnel: Provided, That in cases of persons under the age of 19, such persons shall be managed according to their status prior to the enlistment as officer candidates of student military training corps. |
| (2) | Upon receiving a list of persons who have been removed from the register in accordance with paragraph (1) , the director of a regional military manpower office may continue to postpone until the age limit for each school the enlistment or call-up with respect to persons who have been removed from the register and who fall under the grounds for disqualification for appointment as commissioned or noncomissioned officers in accordance with Article 10 of the Military Personnel Management Act, persons who did not receive mandatory military education or who failed the evaluation of the military education or persons who cannot graduate until they complete the mandatory course of military education, and in cases where persons who have been removed from the register are struck with a disease or physical or mental disorder, they may be assigned to the relevant armed forces by applying Article 135 (2) mutatis mutandis, following a physical examination at the site of the draft physical examination or at a military hospital. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 118 (Application for Military Surgeons, Judicial Officers, Military Chaplains, Veterinary Officers, etc.) |
Persons who wish to be enrolled on the military register of officers in active duty service in the medical, judicial, religious, or veterinary field under Article 58 (1) of the Act shall submit an application for enrollment (including an application in electronic format) to the Commissioner of the Military Manpower Administration by October 31 of the year immediately before the year in which they are to enlist via the head of the school, head of the internship institution, or head of the religious organization they attend. [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 118-2 (Standards for Selecting Religions Subject to Enrollment in Religious Field) |
The standards for selecting religions subject to enrollment in the religious field provided for in Article 58 (1) of the Act shall be as follows: | 1. | That it has doctrines and organization which are socially accepted for a religion, and the ordination and relief of sacred profession and training of clerics shall be institutionalized; |
| 2. | That the details of doctrines, rites, etc. shall serve to establish an upright sense of values, to foster morality and a law-abiding spirit and to strengthen the combat valor of military personnel; |
| 3. | That it is recognized as in need of selection considering the number of believers both nationwide and in the military, and the prospect for holding rites, observances, etc. smoothly. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 118-3 (Standards and Procedures for Selecting Active Duty Chap lains) |
| (1) | Officers in active duty service in the religious field under Article 58 (1) of the Act shall be selected from among persons falling under any of the following subparagraphs: |
| 1. | Persons who are ministers, priests and monks, each of whom holding a bachelor's degree or higher, and other persons who are qualified to perform the same duties as the former; |
| 2. | Persons who are able to qualify themselves to perform duties under subparagraph 1 prior to the enlistment date; |
| (2) | The Minister of National Defense shall, when he/she intends to select officers in active duty service in the religious field from among persons falling under any subparagraph of paragraph (1) , first ask the relevant religious organizations to recommend candidates and then make selection at the recommendation of such religious organizations. |
| (3) | Detailed matters necessary for the selection of officers in active duty service in the religious field, other than those provided for in paragraphs (1) and (2) , shall be prescribed by Ministerial Decree of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 119 (Enrollment of Military Surgeon Candidates, Judicial Officer Candidates, Military Chaplain Candidates and Veterinary Officer Candidates) |
| (1) | Persons eligible to be enrolled on the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates or veterinary officer candidates as prescribed in Article 58 (2) of the Act shall be those falling under any of the following subparagraphs from among persons subject to the draft physical examination, persons subject to enlistment in active duty service, and persons subject to call-up to public duty personnel service: <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| 1. | In the field of medicine, persons who are undertaking a required course at a military medical institute designated by the Minister of National Defense (hereinafter referred to as "military medical personnel") and who may complete the course by the time they reach the age of 33; |
| 2. | In the field of judicial affairs, persons who are undertaking a required course at the Judicial Research and Training Institute and who may complete the course by the time they reach the age of 30, or persons working on the prescribed course at law schools who can obtain the qualification to be a judge, public prosecutor or attorney-at-law by the time they reach the age of30; |
| 3. | In the field of military religious affairs, persons who are enrolled at any theology school, any Buddhist university or any university established to educate clergymen designated by the Minister of National Defense, and who may complete the course by the time they reach the age of 28; |
| 4. | In the field of veterinary affairs, persons who are enrolled at a veterinary college (including a college where the department of veterinary science is installed) and who can finish the course by the time they reach the age of 28. |
| (2) | Persons falling under paragraph (1) and intending to apply to become military surgeon candidate by not later than February 10 of the year in which they are employed as military medical personnels, intending to apply to become judicial officer candidate by not later than March 31 of the year in which they enter such internship institutes or law schools, intending to apply to become a veterinary officer candidate by not later than May 31 of the year in which they are in the first year of veterinary schools, shall submit an application (including applications in electronic format) for military surgeon candidate, judicial officer candidate, and veterinary officer candidate to the Commissioner of the Military Manpower Administration via the heads of the pertinent training institutes, the internship institutes, law schools ,or veterinary schools; and persons falling under paragraph (1) and intending to apply to become a military chaplain candidate shall submit an application (including applications in electronic format) for military chaplain candidate in accordance with the procedures for application, selection, etc. determined by the Minister of National Defense. In such cases, if they are not enrolled on the military register of officers in active duty service in the medical, judicial or veterinary field, the purports of desiring to be enrolled as public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates or public quarantine veterinarians may be stated in their written applications. <Amended by Presidential Decree No. 22290, Jul. 21, 2010; Decree No. 23305, Nov. 23, 2011> |
| (3) | Where having selected military surgeon candidates, judicial officer candidates, veterinary officer candidates from among applicants under paragraph (2), the Commissioner of the Military Manpower Administration shall forward the register of such candidates each to the heads of the pertinent training institutes, internship institutions, law schools, or veterinary schools and the directors of regional military manpower offices, and the director of a regional military manpower office who has received the above-mentioned register shall enroll such persons in the register of military surgeon candidates and judicial officer candidates. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (4) | The Commissioner of the Military Manpower Administration shall, upon receiving the lists of selected military chaplain candidates from the Minister of National Defense, send the lists to the director of the relevant regional military manpower office, and the director of the relevant regional military manpower office shall, upon receiving the lists, enroll the selected military chaplain candidates on the military registers of military chaplain candidates. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (5) | With regard to military surgeon candidates, judicial officer candidates, military chaplain candidates and veterinary officer candidates who have completed the required courses before they reach the age limit in accordance with paragraph (1), but who have not obtained the qualifications in accordance with the subparagraphs of Article 58 (1) of the Act, they may be continuously managed as military surgeon candidates, judicial officer candidates, military chaplain candidates and veterinary officer candidates until they reach the age limit. |
| (6) | Matters necessary for the selection of military chaplain candidates and veterinary officer candidates, and the training of military surgeon candidates, other than those provided for in paragraphs (1) through (5) , shall be prescribed by Ministerial Decree of National Defense. |
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| Article 119-2 (Committee for Management and Examination of Military Chaplains) |
| (1) | A committee for the management and examination of military chaplains provided for in Article 58 (7) of the Act (hereafter referred to as the "committee" in this Article) shall consist of not less than eight members and not more than 11 members, including one chairperson. In such cases, the rate of believers in a certain religion shall be less than one third. |
| (2) | The chief of the headquarters for personnel welfare of the Ministry of National Defense shall be the chairperson of the committee and the members of the committee shall be the following persons: |
| 1. | The personnel planning officer of the Ministry of National Defense; |
| 2. | The head of the team in charge of military religious affairs in the Ministry of National Defense; |
| 3. | Military officers on active duty with ranks of colonel or higher, public officials in general service with Grade IV or higher in ranks or public officials in special service equivalent thereto (including public officials belonging to the Senior Civil Service) who belong to the Ministry of National Defense, designated by the Minister of National Defense; |
| 4. | The personnel staff officers of the Army, Navy and Air Force Head-quarters. |
| (3) | The chairperson may, if he/she deems it necessary for the committee's fair deliberations and resolutions, have relevant experts appear and state their opinions at any meeting of the committee: Provided, That in the event that the committee deliberates and resolves on matters referred to in paragraph (4) 1, it shall have related persons of the relevant religious organization attend its meeting to hear their opinions. |
| (4) | The committee shall deliberate and resolve on the following: |
| 1. | Matters concerning the selection or cancellation of the selection of any religion subject to enrollment in the military religious field under the subparagraphs of Article 118-2; |
| 2. | Matters concerning the selection of military chaplains on active duty; |
| 3. | Other matters concerning the operation of military chaplain systems. |
| (5) | The committee's meetings shall open with the attendance of not less than two thirds of the registered members and pass resolutions with the concurrent vote of a majority of those present. |
| (6) | An executive secretary shall be employed to handle the business of the committee, who shall be appointed by the chairperson from among public officials belonging to the Ministry of National Defense. |
| (7) | In order to pre-examine matters under paragraph (4) 1, a specialized committee may be established within the committee. |
| (8) | Matters necessary for the composition and operation of the specialized committee pursuant to paragraph (7) shall be determined by the chairperson following resolution by the committee. |
| (9) | Civilian members, relevant experts, etc. who attend meetings of the committee and the specialized committee may be paid allowances and travel expenses within budgetary limits. |
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| Article 119-3 (Standards and Procedures for Selection of Active Duty Officers in Medical and Veterinary Fields) |
| (1) | Active duty officers in the medical and veterinary fields prescribed in Article 58 (8) of the Act shall be selected from among the following persons: |
| 1. | Active duty officers in the medical field: Persons falling under any of the following items: |
| (a) | Persons enrolled on the military register of military surgeon candidates as prescribed in Article 58 (2) of the Act and having completed the prescribed course; |
| (b) | Military surgeon candidates falling under Article 120 (1) 2; |
| (c) | Military surgeon candidates falling under Article 120 (1) 4 and 6; |
| 2. | Active duty officers in the veterinary field: Persons enrolled on the military register of veterinary officer candidates as prescribed in Article 58 (2) of the Act and having completed the prescribed course and obtained a veterinarian's license. |
| (2) | The Commissioner of the Military Manpower Administration shall notify the Minister of National Defense of a list of persons falling under paragraph (1) . |
| (3) | Detailed matters necessary for the selection of active duty officers in the medical and veterinary fields in addition to matters prescribed in paragraphs (1) and (2) shall be prescribed by Ministerial Decree of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 120 (Notification and Management of Changes in Status of Military Surgeon Candidates, Judicial Officer Candidates, Military Chaplain Candidates and Veterinary Officer Candidates) |
| (1) | Where military surgeon candidates, judicial officer candidates, military chaplain candidates and veterinary officer candidates fall under any of the following subparagraphs, the head of the relevant training institute, internship institute, law school or school shall notify the Commissioner of the Military Manpower Administration (referring to the Minister of National Defense in cases of military chaplain candidates) of such fact within 14 days: <Amended by PresidentialDecree No. 23305, Nov. 23, 2011> |
| 1. | Where they are expelled from school or removed from the register; |
| 2. | Where they are unable to complete the required course or unable to graduate before they reach the age limit under the subparagraphs of Article 119 (1) ; |
| 3. | Where persons attending law schools enrolled on the military register of judicial officer candidates as prescribed in Article 119 (1) 2 who are unable to work on the prescribed course and obtain the qualification to become a judge, public prosecutor or attorney-at-law by the age of 30; |
| 4. | Where military medical personnel change the designated training institute, or the course of major at their own discretion without having obtained permission from the Commissioner of the Military Manpower Administration; |
| 6. | Where military medical personnel retire from the training institute; |
| 7. | Where any military chaplain candidate is transferred to another school or secedes from the religious organization to which he belongs; |
| 8. | Where the representative of the religious organization to which any military chaplain candidate belongs withdraws the guarantee of ordination; |
| 9. | Where any military chaplain candidate or veterinary officer candidate wishes to renounce his status. |
| (2) | Where the Minister of National Defense has been notified of persons falling under paragraph (1) 1, 2, 5 and 7 through 9, he/she shall notify the list to the Commissioner of the Military Manpower Administration. |
| (3) | Where the Commissioner of the Military Manpower Administration has been notified as prescribed in paragraphs (1) and (2) , he/she shall forward the list to the directors of regional military manpower offices and have them take necessary measures in accordance with the following classification: |
| 1. | Persons who fall under paragraph (1) 1 through 3 and 7 through 9: They shall be expunged from the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates and veterinary officer candidates, and returned to their status prior to the enlistment and enlisted in active duty service or called to public duty personnel service: Provided, That military medical personnel who fall under paragraph (1) 2, shall not be expunged from the relevant military register and shall be enlisted as military surgeon candidates; |
| 2. | Persons who fall under paragraph (1) 4 or 6: They shall not be expunged from the relevant military register and shall be enlisted as military surgeon candidates; |
| 3. | Persons who fall under paragraph (1) 5: They shall be expunged from the relevant military register, and persons who fall under Article 62 (1) 1 of the Act shall be transferred to the second citizen service, while persons who fall under Article 62 (1) 2 of the Act shall be transferred to supplemental service. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 121 (Enlistment of Military Surgeons, Judicial Officers, Military Chaplains, Veterinary Officers, etc.) |
| (1) | The Minister of National Defense shall send a basic plan for enlistment of persons who are to be enrolled on the military register of active duty service officers in the medical, judicial, religious and veterinary fields (including military surgeon candidates, judicial officer candidates, military chaplain candidates and veterinary officer candidates; hereinafter referred to as "military surgeons, judicial officers, military chaplains and veterinary officers") and active duty service officers in the basic career branches (hereinafter referred to as "officers in the basic career branches") under Articles 58 and 59 of the Act to the Commissioner of the Military Manpower Administration and the chief of staff of the relevant service branch by no later than 40 days before the date of enlistment, and the Commissioner of the Military Manpower Administration in receipt of such basic plan shall draft an enlistment plan and forward it to the directors of regional military manpower offices while the chief of staff of the relevant service branch in receipt of such basic plan shall draft a training plan and forward it to the commanding officer of each military unit in which they are to enlist. |
| (2) | With regard to persons who have applied for enrollment on the military register of military surgeons, judicial officers, military chaplains and veterinary officers and officers in the basic career branches, the Minister of National Defense shall receive the lists thereof from the Commissioner of the Military Manpower Administration and forward a list of persons who are to enlist as candidates for active duty service officers to the directors of regional military manpower offices via the Commissioner of the Military Manpower Administration 20 days prior to the date of enlistment. |
| (3) | The director of each regional military manpower office shall serve a notice of enlistment in active duty service on candidates for military surgeons, judicial officers, military chaplains, veterinary officers, and officers in the basic career branches according to an enlistment plan under paragraph (1) on the principals and have them individually enlist and shall forward a list of persons to be enlisted and their military service records to the commanding officers of the military units in which they are to be enlisted. |
| (4) | The commanding officer of each military unit where men are to enlist shall implement the mandatory military education with respect to persons who have enlisted in accordance with paragraph (3) and shall report the list thereof to the Minister of National Defense via the chief of staff of the relevant service branch ten days prior to the completion of the education. |
| (5) | Upon receiving a report under paragraph (4) , the Minister of National Defense shall enroll persons subject to enrollment as military surgeons, judicial officers, military chaplains, veterinary officers, and officers in the basic career branches on the military register of active duty service officers on the day following the date of completion of military education. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 122 (Physical Examination for Enlistment, etc. of Military Surgeons, Judicial Officers, Military Chaplains and Veterinary Officers) |
| (1) | With regard to the physical examination for enlistment, etc. of persons who have enlisted in accordance with Article 121, the provisions of Article 25 shall apply mutatis mutandis, but standards for determining physical grades shall be determined by Ministerial Decree of National Defense. |
| (2) | With respect to any person invalided after being disqualified for military service under Article 58 (5) of the Act, the director of the competent regional military manpower office shall get him to undergo a follow-up physical examination at a draft physical examination center or the Central Physical Examination Agency according to the following classification in accordance with paragraph (6) of the same Article, and assign him to relevant service or have him re-enter the armed services according to his physical grade. In such cases, with respect to any person whose physical grade is determined at Grade VII as a result of the follow-up physical examination referred to in subparagraphs 1 (b) and 2, the provisions of Article 17 (2) and (3) shall apply mutatis mutandis to the handling of him: |
| 1. | In cases where the period of treatment is expressly set. In such cases, the period of treatment shall be added up from the date on which a physical examination for his enlistment is conducted: |
| (a) | In cases where the period of treatment is less than three months: He shall be enlisted in the military on the next enlistment date after the period of treatment expires; |
| (b) | In cases where the period of treatment is not less than three months: The follow-up physical examination shall promptly be conducted after the period of treatment expires and a military service disposition shall be taken based on the results thereof; |
| 2. | In cases where the period of treatment is not expressly set; The follow-up physical examination shall promptly be conducted and a military service disposition shall be taken based on the results thereof. |
| (3) | Any person whose period of treatment referred to in paragraph (2) 1 (a) is less than three months and any other person whose physical grade falls under Grades I through Grade IV as a result of the follow-up physical examination referred to in subparagraph 1 (b) and 2 of the same paragraph shall be re-enlisted in the military on the next enlistment date, and the provisions of paragraph (2) shall apply mutatis mutandis to cases where any person who has been re-enlisted in the military is invalided after being disqualified for military service. In such cases, if any person is invalided after being disqualified for military service on the ground of the same disease or the same mental or physical disorder, and the period of his treatment is expressly set, such period of treatment shall be added up from the date on which a physical examination for his enlistment is conducted after he is re-enlisted in the military. |
| (4) | With regard to persons enlisted to become military surgeons, judicial officers, military chaplains, veterinary officers or as active duty officers in the basic career branches and recognized as requiring a treatment period of not less than 15 days due to a disease or a physical or mental disorder during the period of military education, the commanding officers of the military units in which the persons in question are enlisted shall treat them in accordance with paragraphs (1) and (2) . |
| (5) | With regard to persons who are to enlist to become active duty officers of medical, judicial, veterinary affairs, etc. in accordance with Articles 58 and 59 of the Act, the Commissioner of the Military Manpower Administration shall, after making inquiries to the relevant administrative agency about whether the persons in question have any grounds for disqualification from appointment as commissioned officers under Article 10 of the Military Personnel Management Act, forward a list of persons who fall under the grounds for disqualification from appointment to the directors of regional military manpower offices, expunge the disqualified persons from the military register, and have them serve in active duty service with their standing prior to their enlistment, or call them up as public duty personnel. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 123 (Application, etc. for Enlistment as Active Duty Officer by Persons who Passed Public Examination for Employment as Public Officials of Grade V) |
| (1) | Persons who intend to be enlisted as active duty officers from among those who have passed a public examination for the employment of public officials of Grade V or an open examination for the employment of public officials of Grade V under the Decree on the Appointment of Public Officials, etc. shall submit an application for enlistment as active duty officer in the field of basic career branches (including applications in electronic format) to the Commissioner of the Military Manpower Administration through the Secretary General of the National Assembly Secretariat, the Minister of the National Court Administration or the Minister of Public Administration and Security (hereinafter referred to as "head of a testing agency") within 14 days from the date of enrollment on a list of persons subject to employment. |
| (2) | Upon receiving applications in accordance with paragraph (1) , the Commissioner of the Military Manpower Administration shall confirm the military service records of the applicants and forward a list of the persons subject to enrollment on the military register of officers in the basic career branches to the head of a testing agency. |
| (3) | Upon receiving a list under paragraph (2) , the head of each testing agency shall record the status of persons subject to enlistment as officers in the reference column of the register of persons subject to employment and, when any of the persons subject to enlistment as officers relinquishes his qualification as a person subject to employment due to the accrual of any ground for disqualification from appointment as a public official or other grounds, shall immediately notify the Commissioner of the Military Manpower Administration, who, in turn, shall have him enlisted in active duty service. |
| (4) | The Commissioner of the Military Manpower Administration may request the head of any agency or organization in medical, judicial, religious and veterinary fields to submit a list of persons who have qualifications under the subparagraphs of Article 58 (1) of the Act (limited to masculine genders who are not older than 40). <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER VIII POSTPONEMENT AND REDUCTION OF AND EXEMPTION FROM MILITARY DUTY
법령 이단보기
| Article 124 (Age Limits by School, etc.) |
| 1. | For a high school, the age limit is 28; |
| 2. | For a two-year course at a junior college or a major college under Article 31 (4) of the Lifelong Education Act (hereinafter referred to as "major college"), the age limit is 22; for a three-year course, the age limit is 23; and for a continued course for higher degree, the age limit is 24; |
| 3. | For a four-year course at a university, the age limit is 24; for a five-year course, the age limit is 25; and a six-year course, the age limit is 26 (for a medical school, dental school, oriental medicine school, and veterinary school, the age limit is 27); |
| 4. | For master's degree courses at a graduate school, the age limit is 26 for a two-year course; for a course exceeding two years, the age limit is 27 (for the departments of medicine, dentistry, oriental medicine and veterinary science at any general graduate school, and for specialized medical graduate schools and specialized dentistry graduate schools, the age limit is 28); and for a doctorate course, the age limit is 28; |
| 5. | For an internship institute, the age limit is 26. |
| (2) | The scope of schools or internship agencies under paragraph (1) shall be as follows: <Amended by Presidential Decree No. 22414, Oct, 1, 2010> |
| 1. | High school: Schools falling under the following items: |
| (a) | Schools, the graduates of which are recognized as having academic attainments eligible for entering upper schools, among high schools, three-year technical high schools and various kinds of schools (limited to educational institutions similar to high schools or three-year technical high schools) under Article 2 of the Elementary and Secondary Education Act; |
| (b) | Schools, the graduates of which are recognized as having academic attainments eligible for entering upper schools, among lifelong education facilities where curricula corresponding to that of high schools under Article 31 of the Lifelong Education Act is conducted; |
| 2. | Junior college, university, college, etc: Schools or facilities falling under the following items: |
| (a) | Universities and colleges, industrial colleges (limited to cases where the curricula equivalent to universities and colleges are fulfilled by attending classes), teachers' colleges, junior colleges, distance learning colleges, technical colleges and various kinds of schools under Article 2 of the Higher Education Act, and universities and colleges established and operated pursuant to special Acts; |
| (d) | Facilities, the graduates of which are recognized as having academic attainments equal to those from junior colleges or universities and colleges, among distance learning college-style lifelong educational establishments under Article 33 (3) of the Lifelong Education Act, and major colleges; |
| 3. | Graduate school: Schools that confer a master's degree or higher (including the Korea Institute of Science and Technology, the Gwangju Institute of Science and Technology, and the Daegu Gyeongbuk Institute of Science and Technology, and the Korean National University of Arts that operates curricula equivalent to graduate programs); |
| 4. | Training Institute: Judicial Research and Training Institute. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 124-2 (Postponement of Enlistment, etc. for Athletes) |
| (1) | Persons falling under any of the following subparagraphs may be permitted to postpone their enlistment, etc. under Article 60 (2) 3 of the Act: |
| 1. | Members of a national team registered as athletes with athletic organizations and recommended by the president of the Korea Sports Council; |
| (2) | With regard to persons falling under any subparagraph of paragraph (1) , their enlistment, etc. may be postponed until they turn 27 years old; however, the period of postponement may be reduced depending on the supply and demand of military service resources if necessary and the period of postponement by reason and the ceiling of the number of persons by the type of game shall be determined by the Commissioner of the Military Manpower Administration. |
| (3) | Each person who falls under any subparagraph of paragraph (1) and wishes to postpone his enlistment, etc. shall file an application for the postponement of his enlistment, etc. (including applications in electronic format) with the director of the competent regional military manpower office by the day preceding the date he is set to be enlisted. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 125 (Postponement of Enlistment, etc. of Students) |
| (1) | The head of a school or internship institute provided for in Article 124 (2) shall draft a register of persons who hold school registration (in cases of high schools, referring to a register of students subject to postponed enlistment; in cases of internship agencies, referring to a register of internship trainees; hereinafter the same shall apply) classified by Si/Gun/Gu and forward it to the directors of regional military manpower offices by no later than March 31 (September 30 for a register of persons who hold school registration in the second semester) of each year. |
| (2) | Upon receiving a register of persons who hold school registration in accordance with paragraph (1) , the director of the competent regional military manpower office shall postpone the enlistment, etc. until the grounds for postponement cease to exist within the age limit for each school, and with regard to persons whose enlistment may not be postponed, he/she shall notify the head of the pertinent school or internship institute of such grounds. |
| (3) | Matters necessary for the drafting and management of a register of persons who hold school registration shall be determined by the Commissioner of the Military Manpower Administration, following consultation with the Minister of Education, Science and Technology. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 126 (Handling of Applications for Enlistment, etc. of Students) |
| (1) | Each person whose enlistment, etc. has been postponed in accordance with Article 125 (2) and who wishes to enlist, etc. during his academic enrollment shall file an application (including any application in electronic format) for enlistment, etc., with the director of the competent regional military manpower office. |
| (2) | With regard to persons who have submitted an application for enlistment, etc. in accordance with paragraph (1) and have been assigned as candidates for active duty servicemen or assigned to supplemental service, the director of a regional military manpower office may have them enlisted, etc. in priority in the year of the submission of the application, or the following year. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 127 (Handling of Persons whose School Registration is Altered) |
| (1) | When persons enrolled on the school register fall under any of the following (hereinafter referred to as "persons whose school registration is altered"), the head of a school or internship institute under Article 124 shall notify the director of the competent regional military manpower office thereof within 14 days: |
| 1. | A person who is expelled from the school or expunged from the school register; |
| 2. | A person who changes schools or transfers to the school. |
| (2) | The Commissioner of the Military Manpower Administration may, when he/she deems it necessary, check the actual status of the notification of changes in school registration in accordance with paragraph (1) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 127-2 (Handling of Changes in Status of Athletes) |
When any of the following events occurs to a person whose military service has been postponed under Article 124-2, the head of the agency who has recommended the postponement of his military service shall notify the director of the regional military manpower office or the head of the military manpower branch office in charge of the management of the military register thereof within 14 days: | 1. | When he is excluded from a national team; |
| 2. | When he ceases to be active in the athletic field recommended; |
| 3. | When he undergoes any change in his status involving the postponement. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 128 (Postponement of Draft Physical Examination, etc.) |
| (1) | When any person falling under any of the following subparagraphs is aboard a ship sailing to and from a foreign country as a crew member, or sojourns or resides abroad, it shall be deemed that his draft physical examination, enlistment, etc. under Article 60 (1) 1 and 2 or (2) of the Act has been postponed: Provided, That the postponement of enlistment for any person whose date of enlistment, etc. has been determined shall be subject to conditions separately determined by the Commissioner of the Military Manpower Administration: |
| 2. | A person who is under 25 years of age and has not been called to the first citizen service or supplemental service. |
| (2) | Any person who was born in a foreign country or any person who has resided in a foreign country after he reported on his emigration to any foreign country pursuant to the Emigration Act may postpone his draft physical examination, enlistment, etc. on account of the confirmation of the relevant facts by the head of the diplomatic mission abroad, the head of the immigration office of the Ministry of Justice, or the head of the immigration branch office of the Ministry of Justice. |
| (3) | The draft physical examination, enlistment, etc. of persons who have been arrested or are facing an execution of sentence for their crimes shall be deemed to have been postponed. |
| (4) | Where any person taken a disposition to postpone his draft physical examination, enlistment, etc. pursuant to paragraph (2) falls under any item of Article 147-2 (1) 1, the disposition taken to postpone the draft physical examination, enlistment, etc. and the permission for overseas travel or the permission for extension of overseas travel period shall be revoked and the military duty shall be imposed; however, the same shall not apply to cases where any person falling under Article 147-2 (1) 1 (c) through (e) is a second generation Korean national abroad. In such cases, the provisions of Article 147-2 (2) shall apply when the military duty is imposed. |
| (5) | "Second generation Korean national abroad" in paragraph (4) means a person who himself and his parents have continued to reside in a foreign country until he turns 17 years of age after he was born in a foreign country (including any person who left Korea for a foreign country before he turned 6 years of age), and falls under any of the following sub-paragraphs. In such cases, if he studied in a school under Article 2 of the Elementary and Secondary Education Act for a total of not more than three years in Korea before he turned 17, he shall be deemed to have continued to reside abroad: <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| 1. | Persons who have obtained nationality, citizenship or permanent residency status (excluding any conditional permanent residency status) from a foreign government; |
| 2. | Persons who have obtained indefinite stay status (including long-term stay status of not less than five years) in any foreign country that has no system under which the permanent residency status is granted; |
| 3. | Persons who have continued to reside in a foreign country which grants only short-term stay status of less than five years with a residence passport pursuant to Article 145 (3) . |
| (6) | The Commissioner of the Military Manpower Administration, heads of regional military manpower offices or heads of diplomatic missions abroad shall confirm the second generation Korean national abroad prescribed in paragraph (5) by a certificate concerning family relationship, certificate of permanent residency (including nationality, citizenship and qualification for long-term right to stay for five or more years), immigration records, etc. In such cases, the heads of diplomatic missions abroad shall immediately send the confirmed list and papers certifying such fact to the heads of regional military manpower offices. |
| (7) | In cases where "a second generation Korean national abroad" under the above paragraph (5) falls under any of the following sub-paragraphs, "a second generation Korean national abroad" shall not be considered. <Added by Presidential Decree No. 23305, Nov. 23, 2011> |
| 1. | Where the principal, his/her father, or his/her mother has reported the permanent returning to Korea to the Ministry of Foreign Affairs and Trade under Article 12 of the Emigration Act; |
| 2. | Where the principal has stayed for a total of more than three years in Korea after he/she has turned 18. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 128-2 (Application, etc. for Draft Physical Examination by Persons who Stay Abroad) |
| (1) | In cases where anyone whose draft physical examination, enlistment, etc. is postponed pursuant to Article 128 (1) wants to undergo a draft physical examination, enlist in the military, etc., he shall file an application for draft physical examination, enlistment, etc. (including any application in electronic format) with the director of a regional military manpower office. |
| (2) | With respect to anyone who files an application for enlistment, etc. referred to in paragraph (1) and for whom a disposition is taken to have him enlisted for active duty service or supplemental service, he may be preferentially enlisted, etc. in the military during the relevant or following year. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 129 (Postponement of Date of Enlistment, etc.) |
| (1) | A person who may postpone the date of execution of his military duty in accordance with Article 61 (1) of the Act shall be as follows: |
| 1. | A person who has difficulty in fulfilling his military duty on account of a disease or physical or mental disorder; |
| 2. | A person who is required for nursing or to make funeral arrangements for his lineal ascendants or descendants, spouse, brothers, sisters or other family members in the same household who are in critical condition or dies; |
| 3. | A person who is required for rebuilding in the aftermath of a natural disaster and other calamities; |
| 4. | A person whose whereabouts are unknown; |
| 5. | A person who waits for an examination or the results of the examination, after responding to the solicitation of each of the three services: Provided, That with respect to any person for whom the enlistment date as an active duty serviceman is determined, this shall be limited to a person who signs up for recruitment in any service at least 30 days before the date on which he is enlisted in the military; |
| 6. | A person waiting to depart from the Republic of Korea after obtaining permission for overseas travel or permission for extension of an overseas travel period, or who has not turned 25 years of age; |
| 7. | A person who intends to apply for entrance examinations of various levels of schools; |
| 8. | A person who has difficulty in fulfilling his military duty due to other extenuating circumstances. |
| (2) | Persons who fall under any subparagraph of paragraph (1) may postpone the date of execution of their military duty by up to two years in total (for those who have obtained permission to postpone enlistment until they reach 28 years of age as prescribed in Article 124 (1) 4 and those who have obtained permission to extend the period of travel abroad until they reach 28 years of age as prescribed in the proviso to Article 147 (2) , by up to one year in total; for those who have been expunged from the military register of judicial officer candidates because they fell under Article 120 (1) 3 and those who have obtained permission by June 30 of the year they turn 29 years of age as prescribed in Article 147 (3) , by up to six months in total): Provided, That persons who fall under paragraph (1) 4 may postpone the date of execution of their military service until the relevant cause ceases to exist. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| (3) | "Reasons prescribed by Presidential Decree, such as disaster, etc" in Article 61 (3) of the Act means any of the following cases: <Added by Presidential Decree No. 22286, Jul. 21, 2010; Decree No. 22286, Dec. 29, 2010> |
| 3. | Where a person's resident registration is canceled, or the residency is registered as unidentified pursuant to the Resident Registration Act; |
| (4) | A person falling under any subparagraph of paragraph (1) who intends to obtain postponement of the date of draft physical examination, enlistment, etc. shall file an application for postponement (including any application in electronic format) with the director of a regional military manpower office at least five days before the said date: Provided, That in cases where he has insufficient time due to a sudden occurrence of the relevant cause, he shall file a report with the director of a regional military manpower office by means of telegraph, telephone, etc., and submit a written application for postponement (including any application in electronic format) within three days thereafter. |
| (5) | The director of each regional military manpower office shall, when he/she receives an application for postponement of enlistment date (including any application in electronic format) under paragraph (4) , decide whether to approve the application. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| (6) | With regard to persons whose date of execution of military duty has been postponed on account of any ground under paragraph (1) 1 and who are deemed incapable of fulfilling the military duty on account of a disease or mental or physical disorder in accordance with Article 65 (1) 1 and paragraph (4) of the same Article of the Act, the director of a regional military manpower office may alter their disposition for military service, following a physical examination at a draft physical examination center or at a military hospital. In such cases, with regard to persons who cannot manage to perform military service due to deformity of the entire body, any disease, or mental or physical disorder, etc. provided for in any subparagraph of Article 134 (1) , the director of a regional military manpower office may alter their disposition for military service without conducting a physical examination, and with regard to persons whose date of call-up to public duty personnel service has been postponed and who are found to have been held at a hospital or a sanatorium for not less than one year due to a mental disorder, he may transfer such persons to the second citizen service without conducting a physical examination. <Amended by Presidential Decree No. 22286, Jul. 21, 2010; Decree No. 23305, Nov. 23, 2011> |
| (7) | Matters necessary to set the period of postponement by reason and restrictions on the frequency of postponement under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 129-2 (Postponement of Date of Execution of Military Duty of Persons Employed by Industrial Entities, etc.) |
| (1) | A person who has the academic attainments of graduation from a high school or technical high school, or the lower thereof under subparagraph 4 of Article 2 of the Elementary and Secondary Education Act, and has been employed and is engaged in a public institution, industrial entity, etc. may postpone the date of execution of military duty until he/she reaches the age of 24 in accordance with Article 61 (1) of the Act, however, the period thereof shall not be included in the period of postponement under Article 129 (2): Provided, That where he/she has been employed and in engaged in the type of business, such as entertainment establishments harmful to juveniles under subparagraph 5 of Article 2 of the Juvenile Protection Act which the Commissioner of the Military Manpower Administration publicly announces by admitting that it is inappropriate to postpone the date of execution of military duty, this shall not apply. <Amended by Presidential Decree No. 23419, Dec. 28, 2011; Presidential Decree No. 24102, Sep. 14, 2012> |
| (2) | Article 129 (4) , (5) and (7) shall apply mutatis mutandis to applications for postponement of the date of execution of military duty, procedures therefor, etc. under paragraph (1) . <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
[This Article Added by Presidential Decree No. 21256, Jan 7, 2009]
법령 이단보기
| Article 130 (Transfer, etc. to Second Citizen Service due to Family Reasons) |
| (1) | The scope of persons who are the sole providers of their family's livelihood referred to in Article 62 (1) 1 of the Act shall, after classifying family members (including the principal himself; hereafter the same shall apply in this Article) into the bread earner, dependants, or self-supporters pursuant to the criteria under the following provisions of subparagraphs 1 through 3, 5 and 6, be those who fall within the scope of assets and income under subparagraph 7, in cases where their family members consist of no bread earner but only dependents, or in cases where there exists any bread earner, it exceeds the financial ability under subparagraph 4: <Amended by Presidential Decree No. 22414, Oct. 1, 2010> |
| 1. | Masculine genders between the ages of 20 and 54 and feminine genders between the ages of 20 and 44 shall be deemed bread earners; |
| 2. | Masculine and feminine genders who are not over the age of 19 and |
masculine genders older than the age of 60, and feminine genders older than the age of 50 shall be deemed dependants;
| 3. | Masculine genders between the ages of 55 and 59 and feminine genders between the ages of 45 and 49 shall be deemed capable of supporting themselves, instead of bread earners or dependants; |
| 4. | The number of dependants which exceeds the financial ability of one bread earner to support the family shall be as follows: |
| 5. | Persons, out of bread earners or self-supporters, who require a recuperation period of six or more months on account of a disease or physical or mental disorder shall be deemed dependants; |
| 6. | Persons called to full-time reserve (including persons subject to a call to full-time reserve service who have received notice of enlistment for active duty service) or public duty personnel service (including persons who have and have not received notice of a call to public duty personnel service and who submitted an application for reduction of or exemption from military service due to reasons of difficulty in supporting the family in accordance with Article 132) shall be deemed dependants, while active duty servicemen (including persons who have received notice of enlistment in active duty service, but excluding persons subject to a call to full-time reserve service who have received notice of enlistment in active duty service) shall be deemed self-supporters; |
| 7. | The scope and standard of the assets and income of persons who cannot support their livelihood shall be determined by the Commissioner of the Military Manpower Administration after taking into consideration the assets and income of their family, and the academic background, job, means of supporting livelihood, etc. of the persons in question. |
| (2) | With regard to persons deemed unable to actually support themselves even though they do not meet standards provided for in paragraph (1) , the director of a regional military manpower office may confirm their status and transfer them to the second citizen service in accordance with Article 62 (1) 1 of the Act. In such cases, the standards, etc. for transfer to the second citizen service shall be determined by the Commissioner of the Military Manpower Administration. |
| (3) | Any transfer of persons who fall under Article 62 (1) 1 of the Act to the second citizen service shall be carried out in accordance with the following classification: |
| 1. | When one person in any household is subject to a call-up or conscription and another person in the same household is performing military service (including service as public duty personnel; hereafter the same shall apply in this Article), the remaining period of which is less than six months, the person now in service shall be transferred to the second citizen service; when the remaining period of his military service is not less than six months, either the person now in service or the person subject to a call-up or conscription shall be transferred to the second citizen service according to their wishes; |
| 2. | When not less than two persons in one household are in military service at the same time, one person may be transferred to the second citizen service according to the wishes of the family: Provided, That if there is a person whose remaining period of service is less than six months, he shall be transferred to the second citizen service. |
| (4) | The provisions of Article 62 (1) 2 of the Act shall not apply to persons who were adopted and, where there exist persons killed on the battlefield or on duty or who became disabled due to any war or official wound prescribed in the same subparagraph, such cases shall be limited to cases where persons falling under any of the following subparagraphs exist: |
| 2. | A person who was called or mobilized as reserve, supplemental or second citizen service personnel in accordance with the Act or the Establishment of Homeland Reserve Forces Act, and who was killed in a war or in the course of duty, or who sustained a Grade VI or higher disability in a war or in the course of duty; |
| 3. | A person who was killed in a war or in the course of duty or who sustained a Grade VI or higher disability in a war or in the course of duty during the period of their seconded service as guards of correctional institutions, mandatory fire-fighting unit personnel, or riot police personnel under Article 24 or 25 of the Act. |
| (5) | With respect to persons who fall under Article 62 (1) 2 of the Act and who wish to submit an application for transfer to supplemental service, the head of a regional office of patriots and veterans affairs and the head of a district office of patriots and veterans affairs shall issue a confirmation report related to the facts of being killed in action or wounded in action, etc. at their request. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 130-2 (Deliberative Committee on Difficult Livelihood) |
| (1) | A deliberative committee on difficult livelihood shall be established in each regional military manpower office and military manpower branch office for the purpose of deliberating on any disposition taken to reduce or exempt military service for any person who faces difficulty in his livelihood under Article 62 (1) 1 of the Act and Article 130 of this Decree in order to ensure the fairness and objectiveness of such disposition. |
| (2) | A deliberative committee on difficult livelihood shall consist of not more than ten members, including one chairperson. |
| (3) | The chairperson of a deliberative committee on difficult livelihood shall be a person who is designated by the director of a regional military manpower office or the head of a military manpower branch office from among conscription officers or public officials with the positions of the heads of divisions in charge of conscription and call-up affairs who belong to the regional military manpower office or the military manpower branch office and its members shall be persons who are designated or commissioned by the director of a regional military manpower office or the head of a military manpower branch office from among public officials with the positions of the heads of divisions and public officials of Grade VI or VII in their ranks in charge of the reduction and exemption of military service who all belong to the regional military manpower office or the military manpower branch office and other persons who are recognized to be necessary to ensure the fairness and objectiveness of military service dispositions. |
| (4) | Necessary matters concerning the composition, operation, etc. of deliberative committees on difficult livelihood shall be prescribed by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 131 (Scope, etc. of Family) |
| 1. | The scope of family under Article 62 (1) 1 of the Act shall include parents, spouse, lineal descendents, and unmarried siblings (including those who actually reside together, such as biological mother, parents' lineal ascendents, spouse's lineal ascendents, married siblings and their spouses or lineal descendents). In such cases, the standards for determining whether or not they share the same livelihood shall be determined by the Commissioner of the Military Manpower Administration; |
| 2. | The scope of family under Article 65 (2) of the Act shall include parents (including foster parents), spouse and lineal descendants recorded in the family relationship register: Provided, That persons falling under any of the following subparagraphs shall be excluded from family: |
| (a) | Where a person in service marries or has married, parents thereof; |
| (b) | Where a person in service is an adoptive son, biological parents thereof; |
| (c) | Where parents have divorced, father or mother who is not to relocate together with the person in question. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 132 (Submission of Application for Reduction of or Exemption from Military Service due to Family Reasons) |
| (1) | A person who desires to transfer to the second citizen service pursuant to Article 62 (1) 1 or (2) of the Act shall submit a written application (including any application in electronic format) for reduction of and exemption from military service due to difficulties in supporting livelihood to the director of a regional military manpower office, and the director of the regional military manpower office in receipt of such application shall confirm the family relations, assets, income, etc. of the person subject to reduction of and exemption from military service under Article 130 (1) 7. In such cases, the director of the regional military manpower office shall confirm property-related data, such as land and buildings, payment and receipt of benefits under the National Basic Living Security Act, and registration as a person with disabilities under the Welfare of Disabled Persons Act, etc. in cooperation with the head of the competent local government, as prescribed in Article 80 of the Act; financial assets-related data, such as deposits, in cooperation with the head of the related financial institution; and income-related data, etc.. in cooperation with the head of the competent tax office and the head of the National Pension Corporation, respectively, and in cases where it is required to obtain the written consent of a person liable for military service and of family members at the time of making a request for cooperation pursuant to the related Acts and subordinate statutes, he shall append the said written consent. <Amended by Presidential Decree No. 22414, Oct, 1, 2010> |
| (2) | A person who wishes to submit an application for reduction of and exemption from military service on account of difficulties in supporting livelihood in accordance with paragraph (1) and who are subject to enlistment in active duty service may file an application five days prior to the date of enlistment after receiving notice of enlistment in active duty service, and who are subject to enlistment for supplemental service, from the year following the year in which he undergoes a draft physical examination. |
| (3) | Each person who wishes to transfer to supplemental service in accordance with Article 62 (1) 2 of the Act shall file an application for transfer to supplemental service (including any application in electronic format) and a confirmation report of the relevant facts (including any confirmation report in electronic format) under Article 130 (5) with the director of a regional military manpower office. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 133 (Discharge from Military Service, etc. due to Family Reasons) |
| (1) | With regard to the submission of applications for reduction of or exemption from military service by persons who wish to transfer to the second citizen service in accordance with Article 63 (1) of the Act, the provisions of Article 132 (1) shall apply mutatis mutandis, and with regard to the submission of applications for reduction of and exemption from military service by persons who request the reduction of their military service in accordance with Article 63 (2) of the Act, the provisions of Article 132 (3) shall apply mutatis mutandis. |
| (2) | In cases where the director of a regional military manpower office has received an application for reduction of and exemption from military service under paragraph (1) , he/she shall make a request for reduction of the period of military service or transfer to supplemental service or the second citizen service with respect to active duty servicemen (including persons who are in service under Articles 21, 24, and 25 of the Act; hereafter the same shall apply in this Article), out of those who fall under Article 62 (1) 1 or 2 of the Act, to the chief of staff of the relevant service branch or the commanding officer of the pertinent military unit, and with respect to persons called to public duty personnel service and are currently in service, he/she shall reduce the service period or cancel the call-up. |
| (3) | When the chief of staff of the relevant service branch or the commanding officer of the pertinent military unit has received a request under paragraph (2) , he/she shall transfer persons who fall under Article 62 (1) 1 of the Act to the second citizen service within one month, while he/she shall transfer persons who fall under Article 62 (1) 2 of the Act to supplemental service on the day following the expiry date of the service period under Article 63 (2) of the Act (without delay for persons whose service period has already expired). |
| (4) | Persons who wish to transfer to the second citizen service in accor dance with Article 63 (3) of the Act and persons who seek the cancellation or postponement of a call for military force mobilization or a call for wartime labor shall file an application for reduction of or exemption from military service on account of difficulty in maintaining livelihood (including any application in electronic format), and with regard to the procedure for submission and processing of the application, the provisions on the submission and processing of an application of reduction of or exemption from military service of active duty servicemen provided for in paragraphs (1) through (3) shall apply mutatis mutandis. |
| (5) | When falsehood is discovered in the details of the submitted application of any person transferred to the second citizen service or supplemental service or whose call-up has been cancelled in accordance with paragraphs (2) through (4) , and accordingly a mistake is made in the disposition for military service, the director of a regional military manpower office shall immediately request the chief of staff of the relevant service branch or the commanding officer of the pertinent military unit to cancel the disposition for military service of such person, if he has been in service following a call to active duty service, military force mobilization call, or a call for wartime labor, and to have him return to service and complete the remaining period of military service, and shall cancel the disposition for military service of such person, if he has been in service as public duty personnel, and have him complete the remaining period of military service. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 134 (Exemption, etc. of Persons in First Citizen Service from Military Service) |
| (1) | Persons who are incapable of performing military service due to deformity of the entire body, any disease or physical or mental disability, etc. under Article 64 (1) 1 of the Act shall be as follows: <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| 1. | A person who requires a guardian or a protector on account of an incurable mental disease or mental retardation from which he has been suffering for not less than two years since the outbreak; |
| 2. | A person of dwarfism, person with severe vertebral deformation, person who does not have a nose, or person who does not have one or both ears; |
| 3. | A speaking-impaired, hearing-impaired, or vision-impaired person (including a person who can see only through a single eye); |
| 4. | A person who cannot engage in severe physical activity due to paralysis or shortened limbs; |
| 5. | A person registered as a patient who suffers from Hansen's disease or is contaminated with human immunodeficiency virus in any public health center; |
| 6. | A person who has lost not less than three fingers or toes; |
| 7. | A person whose disability grade is registered as one of GradesIthrough VI according to the Act on Welfare of Persons with Disabilities: Provided, That any person prescribed by Ministerial Decree of National Defense as requiring to undergo a draft physical examination after his disability level according to his disability grade is not in conformity with the standards for determination of physical grades provided for in Article 12 (4) of the Act shall be excluded herefrom. |
| (2) | Each person who wishes to be exempted from military service in accordance with Article 64 (1) 1 or 2 of the Act shall file an application for exemption from military service (including any application in electronic format) with the director of a regional military manpower office by the day preceding the date of the draft physical examination. |
| (3) | Upon receiving an application for exemption from military service under paragraph (2) , the director of a regional military manpower office shall confirm the verity of the grounds for exemption. |
| (4) | With regard to persons provided for in the main sentence of paragraph (1) 7, the director of a regional military manpower office shall confirm the fact of the said registration without such persons' applications notwithstanding the provisions of paragraphs (2) and (3) . <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| (5) | The director of a regional military manpower office may, when he/she confirms the grounds of exemption from military service pursuant to paragraph (3) and the fact of registration pursuant to paragraph (4) , exempt the relevant persons from military service or transfer them to the second citizen service, according to the standards for determination of physical grades provided for in Article 12 (4) of the Act. |
| (6) | Each person who wishes to be transferred to the second citizen service under Article 64 (1) 3 of the Act shall file an application for transfer to the second citizen service (including any application in electronic format) with the director of a regional military manpower office by the day preceding the date the draft physical examination is conducted for him. |
| (7) | The director of a regional military manpower office may, upon receiving an application for transfer to the second citizen service under paragraph (6) , transfer the relevant person to the second citizen service without having him undergo a draft physical examination. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 135 (Alteration of Dispositions for Military Service of Persons to be Enlisted for Active Duty Service, etc.) |
| (1) | Persons subject to enlistment as active duty servicemen, onboard ship reserve personnel, military surgeon candidates, judicial officer candidates, military chaplain candidates or veterinary officer candidates, persons subject to enlistment as officers in the basic career branches, supplemental service personnel (excluding persons who are in service on account of a call for military force mobilization), reserve service personnel (excluding persons who are in service on account of a call to full-time reserve service and a call for military force mobilization), or second citizen service personnel (excluding persons who are in service on account of a call for wartime labor), who wish to have their disposition for military service changed due to an injury sustained while on duty, illness or physical or mental disorder in accordance with Article 65 (1) 1 and paragraph (4) of the same Article of the Act shall submit an application for change of a military service disposition to the director of a regional military manpower office. In such cases, persons who have received notice of enlistment in active duty service or notice of a call-up to public duty personnel service shall file an application by the day preceding the date of the enlistment or call-up, and military surgeon candidates, judicial officer candidates, military chaplain candidates or veterinary officer candidates shall file an application via the head of the training institute, internship institute, law school or school, while persons who serve as public duty personnel, public health doctors, international cooperative doctors, public-service advocates or public quarantine veterinarians shall file an application via the head of the agency where they serve. <Amended by Presidential Decree Nos. 22286 & 22290, Jul. 21, 2010; Decree No. 23305, Nov. 23, 2011> |
| (2) | Upon receiving an application for change of a military service disposition under paragraph (1) , the director of a regional military manpower office shall carry out a physical examination at the Central Physical Examination Agency, a draft physical examination center or a military hospital, and change the disposition for military service of the relevant person as follows: Provided, That with regard to persons who are incapable of performing military service due to deformity of the entire body, any disease or physical or mental disability, etc. under Article 134 (1) and persons of distinguished service to the State who have been wounded in a war or injured while on duty under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and who have been decided to rank as one of the first through seventh grades of wound or injury under Article 6-4 of the same Act, the director of a regional military manpower office may take dispositions without carrying out a physical examination: <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| 1. | Persons who are of physical grade V shall be transferred to the second citizen service, while persons who are of physical grade VI shall be exempted from military service; |
| 2. | Persons subject to enlistment in active duty service, onboard ship reserve personnel or supplemental personnel who are of physical grade VII shall be dealt with by applying mutatis mutandis Article 17 (2) and (3) ; |
| 3. | Persons subject to enlistment in active duty service who are of physical grades II through IV shall have their military service changed in accordance with the standards for disposition for military service for the relevant year. |
| (3) | The director of a regional military manpower office may transfer any supplemental personnel who have not reached physical grade V in a physical examination conducted under Article 65 (1) of the Act but have any ground making it difficult for them to serve as supplemental personnel, such as mental disorder and personality disorder, to the second citizen service following an examination prescribed in Ministerial Decree of Defense. <Added by Presidential Decree No. 22414, Oct. 1, 2010> |
| (4) | Where the director of a regional military manpower office has received an application for change of a military service disposition under paragraph (1) from a person who has completed service or mandatory service as supplemental personnel or any of the reserve personnel who is confined to bed due to a disease subject to special cases of calculation for patients with advanced diseases determined and publicly announced by the Minister of Health and Welfare as prescribed in Article 19 (1) and subparagraph 3 (e) of Appendix 2 of the Enforcement Decree of the National Health Insurance Act, he may determine such person's physical grade by examination of documents, field study, etc. without conducting a physical examination, and accordingly change the military service disposition. In such cases, matters concerning requirements necessary for the determination of physical grades, procedures therefor, etc. shall be determined by the Commissioner of the Military Manpower Administration. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24007, Aug. 31, 2012> |
| (5) | Where a person who serves as public duty personnel emigrates to a foreign country together with his family (referring to cases where the Commissioner of the Military Manpower Administration recognizes that he is able to emigrate to any foreign country or to permanently reside abroad according to the Emigration Act; hereinafter the same shall apply), the director of a regional military manpower office shall discharge him from the call to public duty personnel service pursuant to Article 65 (2) of the Act. |
| (6) | With regard to a person to whom a disposition to discharge him from a call to public duty personnel service was issued under paragraph (5) but who has not departed from Korea within one year and six months without justifiable grounds or who falls under any item of Article 147-2 (1) 1, the disposition taken to discharge him from the call to public duty personnel service and permission for overseas travel shall be cancelled, and they shall serve until they complete the remaining period of service. <Amended by Presidential Decree No. 22414, Oct. 1, 2010> |
| (7) | Persons transferable to the second citizen service under Article 65 (9) of the Act shall be those for whom not less than three years have elapsed since January 1 of the year following the year in which they were transferred to supplemental service, and matters necessary for the disposition standards by academic career, standards for computing the standby period, etc. shall be determined by the Commissioner of the Military Manpower Administration. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (8) | The director of a regional military manpower office shall, when he/she changes dispositions for military service of military chaplain candidates and veterinary officer candidates pursuant to paragraph (2) , notify the Minister of National Defense of their list through the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 135-2 (Handling of Persons Seeking for Enlistment in Active Duty Service, etc.) |
| (1) | A person who wishes to be enlisted for active duty service or to serve as public duty personnel under Article 65 (8) of the Act shall file an application for change of a military service disposition (including any application in electronic format) with the director of a regional military manpower office. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (2) | The director of a regional military manpower office shall, upon receiving an application for change of a military service disposition under paragraph (1) , deal with it according to the following disposition standards: |
| 1. | Where a person in the second citizen service who wishes to be enlisted for active duty service falls under supplemental service as a result of physical examination: No change in the military service disposition; |
| 2. | Where a person in the second citizen service who wishes to serve as public duty personnel falls under active duty service as a result of physical examination: Change of the military service disposition into supplemental service; |
| 3. | Where a person in supplemental service or the second citizen service falls under physical grade VII as a result of physical examination: No change in the military service disposition; |
| 4. | With respect to a person whose academic career has been changed, a military service disposition shall be changed according to the changed academic career, but where a person whose academic career has been changed into one for active duty service desires to serve as public duty personnel: Change of the military service disposition into supplemental service; |
| 5. | In cases, other than those prescribed in subparagraphs 1 through 4, dispositions shall be made by applying mutatis mutandis Article 135 (2) . |
| (3) | Where a person whose military service disposition is changed under paragraph (2) is invalided after a draft physical examination, he shall revert to his status prior to the change in the military service disposition. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 136 (Disposition for Military Service for Convicts, etc.) |
| (1) | Persons subject to enlistment in active duty service, onboard ship reserve personnel or supplemental personnel (excluding commissioned officers, warrant officers, or noncommissioned officers in supplemental service, and persons who have completed service or mandatory service as supplemental service personnel) who may be transferred to supplemental service or the second citizen service in accordance with Article 65 (1) 2 of the Act shall be as follows. In such cases, when the sentence of punishment is made into an indeterminate sentence, prescribing a short-term sentence and a long-term sentence, the long-term sentence shall be applied: <Amended by Presidential Decree No. 22286, Jul. 21, 2010; Presidential Decree No. 23305, Nov. 23, 2011; Presidential Decree No. 24018, Aug. 3, 2012> |
| 1. | Any person falling under any of the following items shall be subject to enlistment in supplemental service: Provided, That any person who injures his body or is sentenced to imprisonment by a deceitful act with the intention of evading military service or having military service reduced under Article 86 of the Act shall be exempted: |
| (a) | A person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than six months but less than one year and six months; |
| (b) | A person who has been sentenced to a stay of execution of imprisonment with prison labor or imprisonment without prison labor for not less than one year; |
| 2. | Any person falling under any of the following items shall be subject to enlistment in the second citizen service: |
| (a) | A person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than one year and six months:Provided, That any person who injures his body or is sentenced to imprisonment by a deceitful act with the intention of evading military service or having military service reduced under Article 86 of the Act shall be exempted; |
| (b) | Deleted; <by Presidential Decree No. 22286, Jul. 21, 2010> |
| (c) | A person whose parents are not identifiable in the family relationship register; |
| (d) | A person whose parents died before he reached the age of 13 and who has no family to support (referring to a family under Articles 779 and 974 of the Civil Act); |
| (e) | A child under 18 years of age who has received protection in a child rearing facility, protection and treatment facility for children or communal home prescribed in Article 52 (1) of the Child Welfare Act for not less than five years; |
| (f) | A person who has obtained nationality of the Republic of Korea through naturalization; |
| (g) | Deleted; <by Presidential Decree No. 23305, Nov. 23, 2011> |
| (h) | A person whose distinction of sex has been changed from female to male in the family relationship register as a result of sex reassignment. |
| (2) | The director of a regional military manpower office may transfer any supplemental personnel falling under any item of paragraph (1) 1 to the second citizen service following an examination prescribed in Ministerial Decree of Defense. <Added by Presidential Decree No. 22414, Oct. 1, 2010> |
| (3) | Persons who have completed service or mandatory service as supplemental service personnel and soldiers in reserve service who fall under paragraph (1) 2 (a) may be transferred to the second citizen service in accordance with Article 65 (1) and (5) of the Act. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (4) | A person who wishes to change his disposition for military service pursuant to paragraphs (1) and (3) shall submit an application for transfer to supplemental service or the second citizen service to the director of a regional military manpower office, while persons who have received notice of enlistment for active duty service or a call to public duty personnel service shall submit an application at least one day prior to the date of enlistment or call-up: Provided, That with regard to persons who fall under paragraph (1) 1 and 2 (a), the application may be processed according to the confirmation of facts by the director of a regional military manpower office. <Amended by Presidential Decree No. 22414, Oct. 1, 2010> |
| (5) | The director of a regional military manpower office may transfer any person that falls under any subparagraph of paragraph (1) at the time of the draft physical examination to supplemental service or the second citizen service in accordance with Article 14 (1) 1 of the Act: Provided, That in cases where anyone that falls under paragraph (1) 2 (c) through (f) wishes to serve as active duty serviceman or as public duty personnel, his military service disposition may be changed by applying mutatis mutandis Article 135-2. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
| (6) | With regard to persons subject to a draft physical examination and falling under paragraph (1) 2, the director of a regional military manpower office may transfer them to the second citizen service without having them undergo the draft physical examination under Article 64 (1) of the Act. |
| (7) | Each person who wishes to be transferred to the second citizen service as prescribed in paragraph (1) 2 (e) shall be confirmed by the head of the competent Si/ Gun/ Gu through the head of the children welfare facility where he has been placed under protection. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 137 (Changes of Dispositions for Military Service of Active Duty Servicemen, etc.) |
| (1) | Changes of dispositions for military service of active duty servicemen under Article 65 (1), (2), (3) and (10) of the Act (including persons who are in service pursuant to Articles 21, 24 and 25 of the Act) shall be made by the chief of staff of each service branch in accordance with the following classification: <Amended by Presidential Decree No. 22286, Jul. 21, 2010; Decree No. 23305, Nov. 23, 2011> |
| 1. | Persons who cannot perform military service on account of an injury sustained in a war or while on duty, a disease, physical or mental disorder shall undergo a physical examination at a military hospital; those who are given physical grade V or VI shall be put under examination and persons at physical grade V shall be transferred to the second citizen service while other persons with physical grade VI shall be exempted from military service: Provided, That in cases of persons who have been hospitalized for less than three months in total while in military service, and whose remaining period of service until the expiration date of mandatory military service is less than six months even though they fall under physical grade V or VI, and who have no difficulty performing military service duties and they wish to serve in the military, such persons may be allowed to continue to serve in the military after an examination, as prescribed by Ministerial Decree of National Defense; |
| 2. | A person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor of not less than one year and six months shall be transferred to the second citizen service. Provided, That any person who injures his body or is sentenced to imprisonment by a deceitful act with the intention of evading military service or having military service reduced under Article 86 of the Act shall be exempted; |
| 3. | A person who suffers from epilepsy, nyctalopia, mental disease, personality disorder, etc. which makes military service difficult and who falls below physical grade V may be transferred to the second citizen service after an examination, as prescribed by Ministerial Decree of National Defense; |
| 4. | A person (any person who injures his body or is sentenced to imprisonment by a deceitful act with the intention of evading military service or having military service reduced under Article 86 of the Act shall be exempted) who was sentenced to imprisonment with prison labor or imprisonment without prison labor and does not fall under subparagraph 2, or a person who falls under any provision of Article 136 (1) 2 (c) through (h) may be transferred to the second citizen service after an examination, as prescribed by Ministerial Decree of National Defense; |
| 5. | A person who emigrates to a foreign country with his family in accordance with the Emigration Act may be transferred to supplemental service or discharged from a call to full-time reserve service at his wish: Provided, That in cases where anyone who is subject to a disposition taken to transfer him to supplemental service or to discharge him from a call-up fails to depart from the Republic of Korea within the period of one year and six months without justifiable grounds, or where anyone falls under any item of Article 147-2 (1) 1 and is under the age of 37, the disposition taken to transfer him to supplemental service or to discharge him from a call to full-time reserve service shall be revoked and he shall serve again in the military until he completes the remaining term of military service; |
| 5-2. | A person who wishes to serve as full-time reserve service due to the delivery of a child among those who are serving as a active duty servicemen (including persons who are serving under Article 24, 25 of the Act) may be transferred to reserve service in accordance with the criteria for the selection of those to be called to full-time reserve service determined by the Commissioner of the Military Manpower Administration under Article 21 (3) of the Act. In such case, the procedure of the change to assignment for military service to full-time reserve service shall be prescribed by Ministerial Decree of National Defence. <Added by Presidential Decree No. 23305, Nov. 23, 2011> |
| 6. | A person falling under any subparagraph of Article 47-2 (1) may be transferred to supplemental service. In such cases, Article 47-2 (2) through (4) shall apply mutatis mutandis to application procedures for art and sports personnel. |
| (2) | With regard to changes of dispositions for military service on persons in reserve service, supplemental service or the second citizen service who are serving in the military on account of a call for military force mobilization or a call for wartime labor under Article 65 (1) 1 and (3) of the Act, the provisions of paragraph (1) 1 (with respect to commissioned officers, warrant officers, or noncommissioned officers, the standards for discharge from military service of persons with disabilities applicable to commissioned officers, warrant officers or noncommissioned officers in active duty service under the Enforcement Decree of the Military Personnel Management Act) shall apply mutatis mutandis. |
| (3) | With regard to active duty servicemen or reserve service personnel who have been transferred to the second citizen service on the ground of being under a sentence, the chief of staff of each service branch or the director of a regional military manpower office shall confer a military rank of private. |
| (4) | The chief of staff of each service branch may entrust his/her authority to issue a disposition referred to in paragraphs (1) through (3) to the military commanders and the heads of military prisons. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 138 (Reference Date, etc. for Disposition of Postponement for Crew) |
| (1) | "Day prescribed by Presidential Decree" in Article 65 (7) of the Act means the first day of boarding and departure after a disposition of assignment to supplemental service subject to a call to public duty personnel service as a result of a draft physical examination. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (2) | The reasons for postponement for crew under Article 65 (7) of the Act shall remain during the period of the postponed call-up as public duty personnel. In such cases, when the crew have reboarded the ship within six months after they went ashore, the reasons for postponement shall be deemed to have remained on the presumption that they have kept boarding, but the period of going ashore for which the reasons for postponement are deemed to have remained shall not exceed a total of six months within the period of one year, and the period of going ashore exceeding a total of three months within the period of one year shall not be included in the period of postponement. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (3) | Where the period of going ashore exceeds a total of six months within the period of one year in violation of the latter part of paragraph (2) , the director of a regional military manpower office shall revoke the disposition of postponement for crew and call them up as public duty personnel. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 139 (Retirement of Reserve Officers, etc. from Service) |
| (1) | Dispositions for retirement from service with respect to commissioned officers, warrant officers, or noncommissioned officers in reserve service or supplemental service who fall under Article 65 (1) 1 of the Act shall be issued by the directors of regional military manpower offices, by applying mutatis mutandis the standards for discharge from service of persons with disabilities, which apply to commissioned officers, warrant officers, or noncommissioned officers in active duty service under the Enforcement Decree of the Military Personnel Management Act: Provided, That in cases of dispositions for retirement from service of military surgeons, judicial officers, military chaplains and veterinary officers in reserve service, the standards for determination of physical grades prescribed by Ministerial Decree of National Defense shall apply mutatis mutandis pursuant to Article 122 (1) . |
| (2) | A person who wishes to retire from service as commissioned officer, warrant officer, or noncommissioned officer in reserve or supplemental service in accordance with paragraph (1) shall submit an application for retirement from service (including any application in electronic format) to the director of a regional military manpower office. |
| (3) | Upon receiving an application for retirement from service under paragraph (2) , the director of a regional military manpower office shall carry out a physical examination at a draft physical examination center or a military hospital determined by the director of a regional military manpower office: Provided, That with regard to persons who are incapable of performing military service due to deformity of the entire body, any disease or physical or mental disability, etc. under Article 134 (1) , he/she may issue a disposition for retirement without carrying out a physical examination. <Amended by Presidential Decree No. 22286, Jul. 21, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 140 (Transfer of Commissioned Officers, etc. to Supplemental Service and Conferring of Ranks) |
| (1) | When commissioned officers, warrant officers, or noncommissioned officers in reserve service have lost their standing due to disqualifications from appointment under the Military Personnel Management Act, the director of each regional military manpower office shall transfer them to serve as commissioned officers, warrant officers, or noncommissioned officers in supplemental service pursuant to Article 66 (1) and (2) of the Act, and forward a list thereof to the chief of staff of the relevant service branch. |
| (2) | With respect to persons who have been expunged from the register of commissioned officers, warrant officers, or noncommissioned officers in active duty service and transferred to supplemental service in accordance with Article 66 (1) of the Act, the Minister of National Defense shall confer ranks of commissioned officers, warrant officers, or noncommissioned officers in supplemental service. In such cases, the Minister of National Defense may entrust the relevant authority to the chief of staff of each service branch or the commanding officer of the military unit. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 141 (Cancellation, etc. of Disposition for Transfer of Officers, etc. to Supplemental Service) |
| (1) | The Minister of National Defense shall issue a disposition for the cancellation of transfer to supplemental service under Article 66 (3) of the Act and a disposition for transfer to reserve service and retirement from service under paragraph (4) of the same Article. In such cases, where persons subject to the above disposition are commissioned officers, warrant officers or noncommissioned officers, who hold a rank of colonel or lower rank at the time of their transfer to supplemental service, the Minister of National Defense may entrust the relevant authority to the chief of staff of each service branch. |
| (2) | In issuing a disposition for the cancellation of transfer to supplemental service under Article 66 (3) of the Act, the standards for the appointment of commissioned officers, warrant officers or noncommissioned officers in active duty service under the Military Personnel Management Act shall apply to the determination of whether or not the persons in question fall under any subparagraph of the same paragraph. |
| (3) | Dispositions for retirement from military service of persons with disabilities who have not exceeded the age limit under Article 66 (4) of the Act shall be issued by applying mutatis mutandis the standards for retirement of persons with disabilities, which apply to commissioned officers, warrant officers or noncommissioned officers in active duty service under the Military Personnel Management Act. |
| (4) | The conferring of ranks of commissioned officers, warrant officers or noncommissioned officers in supplemental service under Article 140 (2) , with respect to persons whose disposition for transfer to supplemental service has been cancelled in accordance with Article 66 (3) of the Act, shall cease to be binding as of the day such disposition for transfer to supplemental service is cancelled. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 142 (Adjustment of Order in Call for Military Force Mobilization or Call for Wartime Labor to Lower Priority) |
| (1) | Persons whose order of call-up for military force mobilization or wartime labor is adjustable to a lower priority as prescribed in Article 67 (1) of the Act shall be as follows: |
| 1. | Public officials who serve at fields related to the service of wartime mobilization; |
| 2. | Military service officials; |
| 3. | Required personnel among persons who serve at diplomatic and consular offices abroad in the Republic of Korea; |
| 4. | Required personnel of defense industry enterprises or mobilization enterprises; |
| 5. | Required personnel of other national and public agencies and enterprises related to the advancement or support of a war. |
| (2) | When the head of the enterprise or agency whereto persons whose order of call-up has been adjusted to a lower priority pursuant to para graph (1) belong gives notice of changes in status as prescribed in Article 67 (2) of the Act, he/she shall submit a list of personnel whose status has been changed which records the date and the grounds for retirement from service or changes in positions to the director of the competent regional military manpower office. |
| (3) | When a person's order of call-up has been adjusted to a lower priority in accordance with paragraph (1) , if the levy of the required number of personnel faces difficulty, the director of a regional military manpower office may cancel such adjustment of the order of call-up, and when he/she has cancelled such adjustment of the order of call-up, he/she shall promptly notify the head of the pertinent agency or enterprise thereof. |
| (4) | The scope of public officials and required personnel, applications for the adjustment of the order of call-up to a lower priority, and other necessary matters shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER IX CHANGE OF RESIDENCE AND OVERSEAS TRAVEL OF PERSONS LIABLE FOR MILITARY SERVICE
법령 이단보기
| Article 143 (Report on Change of Residence, Handling thereof, etc.) |
| (1) | The Minister of Public Adminstration and Security shall provide computerized data to the Commissioner of the Military Manpower Administration at least once a week, which contain information pertaining to persons liable for military service whose status has been changed, such as residence (referring to persons whose address has been changed, whose resident registration has been cancelled or restored, who have emigrated, who have obtained or lost Korean nationality, who have died or have been missing, and whose name, resident registration number, military rank, service number or gender has been changed or renamed; hereinafter the same shall apply). |
| (2) | The Commissioner of the Military Manpower Administration, upon receiving electronic data from the Minister of Public Administration and Security under paragraph (1) , shall forward the electronic data to the directors of regional military manpower offices (including the heads of military manpower branch offices; hereafter the same shall apply in this Article) in charge of managing military registers for arrangement. |
| (3) | The director of each regional military manpower office shall, when he/she finds any person liable for military service who resides in the location of his/her jurisdiction and has yet to be enrolled on the military register, promptly put the military register in order and then manage it after inquiring the local administrative agency having jurisdiction of the location of his permanent domicile or the previous place of his residence about him or notify the director of the regional military manpower office in charge of managing the military register thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 143-2 (Notification of Military Service Dispositions, etc.) |
| (1) | Matters concerning dispositions taken for military service and changes in status, such as enlistment, discharge from service, discharge from a call-up, to be notified by the Commissioner of the Military Manpower Administration to the Minister of Public Administration and Security under Article 69-2 (1) of the Act shall be as follows: |
| 1. | Draft physical examination: The date of disposition, physical grades, matters related to dispositions taken for military service, etc.; |
| 2. | Enlistment for active duty service: The date of enlistment, military units in which they are to enlist, etc.; |
| 3. | Public duty personnel: The date of call-up, military units in which they are to enlist, the date of discharge from a call-up, and persons under obligation to serve in the reserve forces; |
| 4. | Industrial technical personnel and expert research personnel: The date of transfer, the date of call-up, the date of discharge from a call-up, and persons under obligation to serve in the reserve forces; |
| 5. | Persons discharged from military service: The branches of military service, ranks, service numbers, military occupational specialities, the date of enlistment, the date of discharge, details of transfer to the reserve forces; |
| 6. | Persons whose disposition for military service has been changed: Grounds for change of physical grade or branch and the date of change; |
| 7. | Persons released from military service obligation or retired from military service: The date of release from military service obligation or retirement from military service, and grounds for such release or retirement; |
| 8. | Other matters necessary to mobilize members of the reserve forces in wartime. |
| (2) | The Commissioner of the Military Manpower Administration shall compile dispositions for military service, etc. pursuant to each subparagraph of paragraph (1) and furnish computerized data thereon to the Minister of Public Administration and Security at least once a week. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 144 Deleted. <by Presidential Decree No. 16668, Dec. 31, 1999> |
법령 이단보기
| Article 145 (Permission, etc. for Overseas Travel) |
| (1) | Each person that wishes to obtain permission for overseas travel in accordance with Article 70 (1) or (3) of the Act shall submit an application for permission for overseas travel (including any application in electronic format) to the Commissioner of the Military Manpower Administration by not later than two days prior to the expected date of departure, while each person that has departed from the Republic of Korea before he reaches the age of 25 shall submit an application for permission for overseas travel (including any application in electronic format) to the Commissioner of the Military Manpower Administration via the head of a diplomatic mission abroad by not later than January 15 of the year in which he reaches 25 years of age: Provided, That any person who intends to obtain permission for overseas travel for a ground, other than those under Article 146 (1) 7 and 9, may submit an application to the Commissioner of the Military Manpower Administration without going through the head of the diplomatic mission abroad. |
| (2) | An application for permission for overseas travel referred to in paragraph (1) shall be accompanied by any document prescribed by Ministerial Decree of National Defense. |
| (3) | Where any person who emigrated to a foreign country as prescribed by the Emigration Act before he was transferred to the first citizen service, or any person who was born in a foreign country and holds a passport for residence (hereinafter referred to as "residence passport") has come to Korea to stay briefly and left Korea again, they shall be deemed to have received permission for overseas travel. |
| (4) | Persons restricted from permission for overseas travel under the main sentence of Article 70 (2) of the Act shall be as follows: Provided, That persons in service as onboard ship reserve service personnel or supplemental service personnel shall be excluded herefrom: |
| 1. | A person who evaded, or currently evades a draft physical examination or enlistment provided for in Articles 87 and 88 of the Act; |
| 2. | A person who deserted, or currently deserts, from service as public duty personnel, etc. provided for in Article 89-2 of the Act; |
| 3. | A person who violated the duty of obtaining permission for overseas travel under Article 94 of the Act; |
| 4. | A person for whom a disposition to postpone his draft physical examination or enlistment in the military or to cancel a call to public duty personnel service is revoked on any ground falling under Article 147-2 (1) 1 (c) through (e) : Provided, That anyone who makes a report on his return to the Republic of Korea for permanently residing therein under Article 12 of the Emigration Act shall be excluded herefrom; |
| 5. | A person who has deserted, concealed his whereabouts, injured himself, or practiced deception for the purpose of evading military service obligation or being given reduction therein or exemption therefrom. |
| (5) | The conditions under which no restriction may be imposed on permission, etc. for overseas travel provided for in the proviso to Article 70 (2) of the Act shall be any of the following: |
| 1. | The death of his spouse, his or his spouse's sibling, any lineal ascendant or lineal descendant, who resides abroad; |
| 2. | The disease that the person suffers, the domestic treatment of which is difficult; |
| 3. | The adjustment of household affairs for enlistment. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 146 (Scope of Permission for and Period of Overseas Travel) |
| 1. | International conference and competition (including off-season training); |
| 2. | Training, internship, field study or cultural exchange; |
| 3. | Opening markets for exportation or contracting for importation and exportation; |
| 4. | Crew of intercontinental ships (including students undergoing training on board a ship who are enrolled in a maritime or fisheries highschool or higher educational institute); |
| 5. | Crew of intercontinental airliners; |
| 6. | Public officials and reporters who are dispatched overseas; |
| 7. | Persons employed overseas; |
| 8. | Overseas medical treatment which cannot be provided domestically; |
| 10. | Studying abroad (excluding any study abroad to take a high school course). In such cases, the period of overseas travel permission shall be up to the age limit by schools provided for in Article 124; |
| 11. | Cases recognized as particularly necessary by the Commissioner of the Military Manpower Administration, such as visiting close friends or relatives. |
| (2) | Persons subject to permission for overseas travel under paragraph (1) , detailed standards for permission and the period of overseas travel shall be determined by the Commissioner of the Military Manpower Administration after taking into consideration the military service records, the purpose and the period of travel, etc. within the extent that does not hinder the imposition of military service obligation. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 147 (Permission, etc. for Extension of Period of Overseas Travel) |
| (1) | Each person that intends to obtain permission for the extension of period of overseas travel in accordance with Article 70 (3) of the Act shall submit a document that verifies the purpose of his stay that is prescribed by the Commissioner of the Military Manpower Administration and an application for permission for the extension of period of overseas travel (including any application in electronic format) to the Commissioner of the Military Manpower Administration via the head of a diplomatic mission abroad: Provided, That any person that intends to obtain permission for the extension of period of overseas travel on any reason, other than the reasons falling under Article 146 (1) 7 and 9, may submit the document and application to the Commissioner of the Military Manpower Administration without going through the head of a diplomatic mission abroad. |
| (2) | Upon receiving an application for permission for the extension of period of overseas travel under paragraph (1) , the Commissioner of the Military Manpower Administration may grant such permission taking into consideration the purpose of overseas stay within the extent that does not hinder the imposition of military service obligation: Provided, That permission may be granted to persons who are enrolled in schools abroad (excluding high schools) up to the age limit by schools pursuant to Article 124, and for persons for whom it is difficult to graduate or obtain a degree within the age limit by school, permission may be granted for the period gained by adding up one year to the age limit by school insofar as they do not pass the age of 28. |
| (3) | Where a person who is enrolled in a graduate school in a foreign country may obtain a doctorate before June of the year when he reaches 29 years of age, the Commissioner of the Military Manpower Administration may grant permission until June 30 of the year when he reaches 29 years of age notwithstanding the proviso to paragraph (2). |
| (4) | Where the Commissioner of the Military Manpower Administration has determined whether to permit extension of the period of overseas travel in accordance with paragraphs (2) and (3), he/she shall notify the head of a diplomatic mission abroad of the results and have the head notify the person in question thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 147-2 (Revocation of Permission for Overseas Travel) |
| (1) | Cases where permission for overseas travel or permission for extension of the period of overseas travel provided for in Article 70 (6) of the Act may be revoked and a military service obligation may be imposed shall be as follows: Provided, That the same shall not apply to cases where anyone who falls under subparagraph 1 (c) through (e) is a second generation Korean national abroad under Article 128 (5) : <Amended by Presidential Decree No. 22286, Jul. 21, 2010; Presidential Decree No. 22414, Oct. 1, 2010> |
| 1. | Where anyone who departs from the Republic of Korea to any foreign country after obtaining permission for overseas travel for the purpose of emigrating to such foreign country or anyone who obtains permission for extension of the period of overseas travel on the grounds of emigrating to any foreign country falls under any of the following items. This shall also apply where either of his parents falls under any ground referred to in items (a) through (c), if he has obtained permission for overseas travel or permission for extension of the period of overseas travel on the condition that he reside with either of his parents: |
| (a) | Where he makes a report on his return to the Republic of Korea for the purpose of permanently residing therein pursuant to Article 21 of the Emigration Act; |
| (b) | Deleted; <by Presidential Decree No. 23305, Nov. 23, 2011> |
| (c) | Where he stays in the Republic of Korea for not less than a total of six months within the period of a year. In such cases, the period of his stay in the Republic of Korea (including the day on which he enters the Republic of Korea and excluding the day on which he departs from the Republic of Korea; hereinafter the same shall apply) shall be added up by being reckoned from the date on which his stay period is calculated and in cases where he stays in the Republic of Korea for not more than 60 days on any of the following grounds, such period shall not be added up: |
| (ⅰ) | Attendance at his wedding, the childbirth of his spouse, or the funeral service, the wedding, or the 60th birthday anniversary of his or his spouse's siblings, lineal descendants or ascendants; |
| (ⅱ) | Participation in sports contests sponsored by sports organizations affiliated with the Korea Sports Council as a player or an officer; |
| (d) | Where he stays in the Republic of Korea for not less than a total of six months within the period of one year after graduating from any Korean educational institution under Article 124 (including the completion of study, the suspension of study, dismissal, and expulsion) or studies at any Korean educational institution and, during his period of study, either of his parents or his spouse stays for not less than a total of six months within the period of one year. In such cases, the calculation of the period of his stay in the Republic of Korea shall be made according to the provisions of the latter part of subparagraph 1 (c) ; |
| (e) | Where he gets a job or carries out profit-making activities in the Republic of Korea, which are published by the Commissioner of the Military Manpower Administration; |
| 2. | Where anyone fails to depart from the Republic of Korea without justifiable grounds within the period of one year and six months from the date on which his draft physical examination or enlistment in the military is postponed after he has obtained permission for overseas travel for the purpose of emigrating to any foreign country; |
| 3. | Where anyone fails to depart from the Republic of Korea without justifiable grounds within the period of one year from the date on which he obtains permission for overseas travel not for the purpose of emigrating to any foreign country; |
| 4. | Where anyone who obtains permission for overseas travel or permission for extension of the period of overseas travel pursuant to Articles 145 and 147 intends to fulfill his military service obligation after returning to the Republic of Korea before the permitted period of overseas travel or the period of extended overseas travel expires; |
| 5. | Where a person who has obtained permission for overseas travel because he fell under any subparagraph of Article 146 (1) fails to maintain the requirements for such permission. |
| (2) | With respect to anyone who falls under paragraph (1) 1 (c) through (e) , the Commissioner of the Military Manpower Administration may only once give him the grace period of three months for revoking the permission for overseas travel and if he fails to depart from the Republic of Korea during the grace period, the Commissioner of the Military Manpower Administration may revoke the permission for overseas travel or the permission for extension of the period of overseas travel and impose a military service obligation on him. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 147-3 Deleted. <by Presidential Decree No. 21087, Oct. 20, 2008> |
법령 이단보기
| Article 148 (Notification of Fact, such as Permission for Overseas Travel) |
Where the Commissioner of the Military Manpower Administration has permitted overseas travel or extension of the period of overseas travel, he shall notify the Minister of Justice of such fact through an information and communication network, etc.
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 149 (Management of Emigrants, etc.) |
| (1) | In cases where any person liable for military service who has continuously resided abroad or his parents fall under any of the following subparagraphs before he reaches 25 years of age, he shall be deemed to have obtained permission for overseas travel up to 37 years of age: <Amended by Presidential Decree No. 22286, Jul. 21, 2010; Decree No. 23305, Nov. 23, 2011> |
| 1. | Where the principal or his parents obtain permanent resident status (excluding conditional permanent resident status) in a foreign country, or he or they obtain indefinite stay status or long-term stay status of not less than five years in a country that does not enforce a permanent resident status system and continuously reside abroad; |
| 2. | Where the principal or his parents obtain stay status as special permanent resident or permanent resident in Japan and continuously reside abroad; |
| 3. | Where the principal continuously resides together with his parents in a foreign country after he was born in such foreign country and has obtained the foreign country's nationality or citizenship; |
| 4. | Where the principal or his parents emigrate to any foreign country in accordance with the Emigration Act and continuously reside abroad; |
| 5. | Where the principal departs from the Republic of Korea with his parent who are not a resident employee before his age of 18 and continuously reside |
| (2) | In cases where anyone who falls under any subparagraph of paragraph (1) intends to have his passport issued, he shall submit a document attesting the fact (including an electronic document) to the Commissioner of the Military Manpower Administration through the head of a diplomatic mission abroad. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (3) | In cases where anyone who is deemed to have obtained permission for overseas travel pursuant to paragraph (1) falls under any item of Article 147-2 (1) 1, the permission for overseas travel for him shall be deemed revoked and a military service obligation may be imposed on him. In such cases, the proviso to the part other than the subparagraphs of Article 147-2 (1) and paragraph (2) of the same Article shall apply to him. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 149-2 (Reservation of Imposition of Military Service Obligation on Holders of Permanent Resident Status Appointed as Public Officials in Contractual Service, etc.) |
| (1) | The Commissioner of the Military Manpower Administration may reserve imposing a military service obligation and cancelling permission for overseas travels on the grounds provided for in Article 147-2 (1) 1 (c) through (e) for persons who have stayed abroad after obtaining permission for overseas travel for the purpose of emigrating to any foreign country (including anyone who is deemed to have obtained permission for overseas travel pursuant to Article 149 (1) ) and have worked in their respective fields for not less than three years after they obtained doctorate degrees in the economics or the science and technology fields and then are appointed by the heads of central administrative agencies as public officials in contractual service, during the period for which they work as the contract public officials. |
| (2) | The heads of central administrative agencies shall, when they have appointed public officials in contractual service falling under paragraph (1), furnish a list of such public officials attached with the following documents to the Commissioner of the Military Manpower Administration within 14 days from the date of appointment: |
| 1. | Copies of permanent residentship certificates; |
| 2. | Certificates of doctorate degrees; |
| 3. | Career certificates that the persons concerned have worked in their respective fields for not less than three years; |
| 4. | Copies of contracts for appointment as contract public officials, which indicate the service field and the contract period. |
| (3) | The Commissioner of the Military Manpower Administration shall, upon receiving a list of public officials under paragraph (2) , decide whether to cancel permission for overseas travel and to reserve imposition of military service obligation on them, and then notify the heads of the central administrative agencies concerned of the results thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER X GUARANTEE OF RIGHTS AND INTERESTS OF PERSONS WHO FULFILL MILITARY SERVICE OBLIGATION, ETC.
법령 이단보기
| Article 150 (Report on Persons whose Returning to School or Job Reinstatement is Guaranteed) |
When students who are enrolled in a high school or higher, State public officials or local public officials, or executives or staff of public and private enterprises or public and private corporations fall under any of the following subparagraphs, they shall report to the head of the pertinent school, the head of the agency they are affiliated to, or the employer:
| 1. | Upon receiving a notice imposing a military service obligation or a notice of selection as active duty serviceman; |
| 2. | Where they are discharged from military service while in mandatory service or discharged from a call-up, complete their military service, or exempted from military service. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 151 (Calculation of Period of Actual Service of Onboard Ship Reserve Personnel, etc.) |
The period which shall be calculated as the period of actual service of persons who have completed the mandatory service period of onboard ship reserve service or supplemental service in accordance with the proviso to Article 74 (2) of the Act shall be 21 months: Provided, That with respect to persons whose period of military service is less than 21 months, the period shall be the period of actual service. <Amended by Presidential Decree No. 22286, Jul. 21, 2010; Decree No. 23305, Nov. 23, 2011> [This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 151-2 (Scope of Extension of Upper Age Limit for Application for Examination) |
| 1. | Three years of age for a person who has completed a service period of two or more years; |
| 2. | Two years of age for a person who has completed a service period of not less than one year but less than two years; |
| 3. | One year of age for a person who has completed a service period of less than one year. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 152 (Compensation for Public Duty Service Personnel) |
[This Article Wholly Amended by Presidential Decree No. 23305, Nov. 23, 2011]
법령 이단보기
| Article 153 (Medical Treatment of Public Duty Personnel, etc.) |
| (1) | Where administrative agency personnel wish to receive medical treatment in accordance with Article 75 (4) of the Act, they shall file an application for medical treatment (including an application in electronic format), attached with a confirmation of injury or illness issued by the heads of the service institutions (where administrative agency personnels are in the process of education for general knowledge, duties or remedies under Article 33-2 of the Act, the relevant heads of medical institutions shall be deemed to the heads of the service institutions. hereinafter excluding the heads of the service institutions under Article 153-3 (6), the same shall apply in this area.), to the heads of medical institutions run by the State, local governments or public organizations located in the vicinity of their service institutions: Provided, That where there exist no medical institutions run by the State, local governments or public organizations in the vicinity or in the location of the service institutions and there is insufficient time to submit an application for medical treatment, the heads of service institutions may designate private medical facilities in the vicinity and have them provide medical treatment. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (2) | The heads of medical institutions run by the State, local governments or public organizations who have received an application for medical treatment under paragraph (1) shall promptly take various measures for medical treatment: Provided, That where medical institutions are inadequate, technology is lacking and other extenuating circumstances arise, they may consult with the heads of the relevant service institutions, designate private medical facilities and have them provide medical treatment. |
| (3) | The procedure for medical treatment, etc. of persons who sustain injuries directly caused by student military education during their student military education shall comply with Article 11-3 of the Presidential Decree on the Implementation of Student Military Education. |
| (4) | The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to anyone who is in need of medical treatment, etc. by causes directly related with a physical examination or examination of physical strength prescribed in Article 75 (6) of the Act. In such cases, "head of the service institution" shall be construed as "Commissioner of the Military Manpower Administration, director of the regional military manpower office (including the head of the military manpower branch office) or the head of the Central Physical Examination Agency", and "service institution" shall be construed as "Military Manpower Administration, regional military manpower office (including military manpower branch office) or Central Physical Examination Agency." |
| (6) | The standard of classification and the scope with respect to the wound or the disease in the course of performing his duty under Article 75 (4) of the Act shall be determined by the Commissioner of the Military Manpower Administration. <Added by Presidential Decree No. 23305, Nov. 23, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 153-2 (Types, etc. of Accident Compensation) |
| (1) | Accident compensation provided for in Article 75-2 of the Act shall be divided into compensation for death and compensation for disability. |
| (2) | Accident compensation provided for in Article 75-2 (2) of the Act shall be borne by the State in cases where the service institution of administrative agency personnel who died or suffered injuries or illnesses in the line of official duty is a State agency, by the local government concerned in cases where such institution is an agency of the local government, and by the public organization concerned in cases where such institution is a public organization. In this case, the standard of classification and the scope with respect to the death, the wound or the disease in the course of performing his duty shall be |
determined by the Commissioner of the Military Manpower Administration.
<Amended by Presidential Decree No. 23305, Nov. 23, 2011>
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 153-3 (Compensation for Death) |
| (2) | Persons who wish to receive compensation for death as provided for in paragraph (1) shall request the heads of service institutions to pay the relevant amount, and the heads of the service institutions in receipt of such request shall grant the compensation for death after confirming whether the persons in question indeed died in the line of official duty. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 153-4 (Compensation for Disability) |
| (1) | Compensation for disability shall be granted to administrative agency personnel who suffered injuries or illnesses in the line of official duty or service according to the physical disability grades provided for in Article 67 (1) of the Enforcement Decree of the Military Pension Act, and the amount of compensation shall be as follows: |
| 1. | In cases of persons who fall under physical disability Grade I: The amount corresponding to 12 times the monthly payment of the lowest salary class of a sergeant; |
| 2. | In cases of persons who fall under physical disability Grade II: The amount corresponding to 8 times the monthly payment of the lowest salary class of a sergeant; |
| 3. | In cases of persons who fall under physical disability Grade III: The amount corresponding to 6 times the monthly payment of the lowest salary class of a sergeant. |
| (2) | The monthly payment provided for in the subparagraphs of paragraph (1) shall be the monthly payment of the lowest salary class of a sergeant in the month in which the physical grade is determined. |
| (3) | Each person who wishes to receive compensation for disability provided for in paragraph (1) shall request the head of the service institution, and the head of the service institution in receipt of such request shall request the director of the regional military manpower office (including the head of the military manpower branch office; hereafter the same shall apply in this Chapter) who has jurisdiction over the site of the service institution to determine the physical disability grade in order to confirm whether the cause of the disability, for which compensation is sought, was indeed the result of an injury or illness incurred in the line of official duty. |
| (4) | The director of a regional military manpower office in receipt of a request under paragraph (3) shall request a physical examination at a draft physical examination center or at a military hospital designated by the director of a regional military manpower office, in order to confirm the degree of the disability for which compensation is sought. In such cases, the head of the service institution shall bear the expenses incurred in relation to the physical examination. |
| (5) | The director of a regional military manpower office who has been notified of the results of a physical examination provided for in paragraph (4) shall determine the physical disability grade, following the review of the Compensation Review Committee under Article 153-5, and shall promptly notify the applicant for compensation and the head of the service institution thereof. |
| (6) | The heads of service institutions shall grant compensation for disability in accordance with the physical disability grade notified by the director of a regional military manpower office as provided for in paragraph (5) . |
| (7) | When persons who received compensation for disability die on account of injuries or illnesses incurred in the line of duty, the amount of compensation for death, minus the amount of compensation for disability already granted, shall be granted. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
법령 이단보기
| Article 153-5 (Compensation Review Committee) |
| (1) | In order to review the grade of physical disability for which compensation is sought, there is hereby established a compensation review committee (hereafter referred to as the "Committee" in this Article) under the jurisdiction of the director of each regional military manpower office, and the Committee shall be composed when it is necessary. |
| (2) | The Committee shall be comprised of not less than five and not more than ten members, including one chairperson. |
| (3) | The director of a regional military manpower office shall serve as the chairperson of the Committee and may have public officials under his/her control to act for and on behalf of him/her. |
| (4) | The members of the Committee shall be commissioned or designated by the director of a regional military manpower office from among persons who have a doctor's, dentist's, or oriental medical doctor's certificate and public officials of the regional military manpower office. |
| (5) | The meetings of the Committee shall open with the attendance of the majority of the registered committee members and pass resolutions by the assent of the majority of the members attended. |
| (6) | The chairperson of the Committee may request the heads of service institutions, heads of agencies giving education as prescribed in Article 33-2 of the Act or applicants for compensation for data necessary to review the grades of physical disability. In such cases, the heads of service institutions, heads of agencies giving education as prescribed in Article 33-2 of the Act or applicants for compensation who have received such request shall cooperate unless extenuating circumstances exist. |
| (7) | The members of the Committee who are not public officials and are present at a Committee meeting may be provided with remuneration within budgetary limits. |
| (8) | Matters necessary for the management of the Committee in addition to the matters prescribed in paragraphs (1) through (7) shall be determined by the Commissioner of Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 154 (Confirmation of Military Status of Persons Liable for Military Service at Time of Employment) |
| (1) | The head of a State agency or a local government or an employer shall, whenever he/she wishes to employ a person liable for military service as a public official, an executive or employee, or grant a patent, permission, authorization, license, registration, designation, etc. for a business that requires such patent, permission, authorization, license, registration, designation, etc. from governmental authorities, verify whether the person has no record of evasional military service or desertion from military service or public duty personnel service, etc. In such cases, the head of the State agency or the local government, or the employer may verify the record in either of the following methods: <Amended by Presidential Decree No. 22151, May 4, 2010> |
| 2. | By inquiring the director of a regional military manpower office about the military register or requiring the person liable for military service to submit a military service certificate, certificate of discharge from military service, or a transcript of military register, where it is not possible to verify the record under subparagraph 1 or the person who wishes to be employed or obtain a patent, permission, authorization, license, registration, designation, etc. for the business as required does not consent to such verification of record under subparagraph 1. |
| (2) | Upon being inquired about military status under paragraph (1) 2, the director of a regional military manpower office shall promptly respond thereto. |
| (3) | The head of a State agency or local government or an employer who verifies a record pursuant to paragraph (1) 2 shall keep the documents related to the military service of such public official, executive or employee separately. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER XI MILITARY ADMINISTRATION
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| Article 155 (Cancellation of Disposition) |
When the director of a regional military manpower office deems any notice or disposition executed by the head of a military manpower branch office, a doctor exclusively in charge of the draft physical examination or a military surgeon in accordance with the provisions of the Act or this Decree, illegal or unfair, he/she may have such notice or disposition suspended, cancelled, or altered.
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 155-2 (Subject, etc. to Physical Examination, etc. for Confirmation) |
| (1) | "The cases having any reason prescribed by Presidential Decree that is deemed to play a trick for the purpose of being exempted from duty of military service" under Article 77-2 (1) of the Act shall be the following sub-paragraphs. |
| 1. | Where a person who has been transferred to the second citizen service or has been exempted from military service on grounds of eye or mental disease obtains a driver's license newly or passes an non-scheduled aptitude test of driver's license; |
| 2. | Where a person who has been transferred to the second citizen service or has been exempted from military service on grounds of mental disease obtains various qualifications and licenses which are impossible to acquire in accordance with the relevant Act and subordinate statute; |
| 3. | Where the indispensable medical treatment is discontinued, notwithstanding the disease shall be continuously treated after disposition for military disease; |
| 4. | Where there is a evidence of evasion of military service such as the forged medical certificate, etc. or deemed to be its high possibility. |
| (2) | If any person falling under each subparagraph of Article 77-2 (1) of the Act falls under any of each subparagraph of the above paragraph (1), the director of each regional military manpower office (including head of military manpower branch office. hereinafter the same shall apply in this Act.) shall confirm the record of medical examination, details of medical treatment, etc., investigate the fact relevance through interviews with himself or the relevant persons, and perform a physical examination of its confirmation if deemed necessary to have the physical examination of its confirmation. In such case, the confirmation of the record of medical examination, details of medical treatment, etc. shall be followed by Article 11-2 (1) of the Act. |
| (3) | The director of each regional military manpower office shall serve the principal with a notice of physical examination of its confirmation determined by the Ministerial Decree of Defence prior to 20 days of the date of examination to perform a physical examination of its confirmation pursuant to the above paragraph (2). Provided, That in cases where the destruction of evidence caused by evasion of military service or the escape are worried, the period of its serve may be diminished. |
| (4) | The director of each regional military manpower office shall apply pursuant to the above paragraph (2) the standard of determination by physical class at the time of dispositions for military service if evasion of military service is suspected, and shall confirm whether the military service has been evaded or not in consideration of the inspection details of the fact relevance of the above paragraph (2). |
| (5) | The director of each regional military manpower office shall provide the opportunity of its vindication for a person who is suspected to have evaded the military service such as a change of physical class as a result of the physical examination of its confirmation pursuant to the above paragraph (4), and notwithstanding his vindication if the evasion of the military service is admitted, shall accuse the head of the relevant criminal investigation agency thereof. |
| (6) | The director of each regional military manpower office shall take the dispositions of military service in accordance with the division of the following each sub-paragraph for a person who has evaded the military service in cases where the act of evasion of military service is confirmed to be unlawful pursuant to accusation of the above paragraph (5): |
| 1. | After falling under any of the following each item, in cases where a person whose assignment to military service is changed or who is exempted from military service pursuant to Article 65 (1) 1 or paragraph (4) of the same Article of the Act, the assignment of military service shall be changed to a status just before his military service is assigned based on the act of evasion of military service; |
| (a) | Where he has finished the active duty service and thereafter is transferred to the reserve service; |
| (b) | Where he has finished the service of supplemental service personnel or the mandatory service; |
| (c) | Where he has been transferred to the second citizen service. |
| 2. | In cases where a person doesn't fall under requirement of the above subparagraph 1, the disposition of military service based on the act of evasion of military service shall be revoked, the follow-up draft physical examination shall be performed pursuant to the regulation of Article 11 through 14 of the Act, and upon whose result the assignment to military service shall be resumed. |
| (7) | Necessary matters for physical examination of its confirmation other than matters provided for in the above paragraph (1) through (6) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Added by Presidential Decree No. 23305, Nov. 23, 2011]
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| Article 156 (Delegation of Military Administrative Affairs) |
| (1) | The Commissioner of the Military Manpower Administration shall delegate the following authority to the director of a regional military manpower office or the head of a military manpower branch office in accordance with Article 78 (1) of the Act: |
| 1. | The authority to process physical examinations, examinations of physical strength, interviews, talent examinations, written examinations, document screening, etc. (excluding the authority to select and decide) of the authority to select persons who apply to serve in the armed forces as active duty servicemen under Article 20 (1) of the Act; |
| 2. | Permission for revoking the selection of any person as an active serviceman under the latter part of Article 20 (2) of the Act; |
| 4. | Permission for overseas travel under Article 70 (1) of the Act: Provided, That the director of a regional military manpower office or the head of a military manpower branch office may also grant such permission according to the following classification: |
| (a) | In cases of granting permission for overseas travel that lasts not more than five months, the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over the place where the application for permission of overseas travel is received; |
| (b) | In cases of granting permission for overseas travel by any of the expert research personnel or any of the industrial technical personnel and for overseas travel by any group for the purpose of participating in international games or training abroad, etc., the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over the place where the workplace or group is located; |
| (c) | In cases of granting permission for overseas travel by any person who was born before 1975, the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over his permanent domicile; |
| 6. | Confirmation and examination of the fulfillment of military service prescribed in Article 81 (1) through (3) of the Act and collection of data necessary for the confirmation of violations of military service-related Acts and subordinate statutes; |
| 7. | Imposition and collection of fines for negligence provided for in Article 95 of the Act and the receipt of objections. |
| (2) | The director of each regional military manpower office shall delegate the following authority to the head of each military manpower branch office in accordance with Article 78 (2) of the Act: |
| 1. | The issuance or re-issuance of military service certificates or certificates of discharge from military service under Article 7 (1) of the Act; |
| 2. | The survey of persons subject to a draft physical examination and the preparation and management of computerized files of military register under Article 10 (1) of the Act, and forwarding of notices of draft physical examination under Article 11 of the Act; |
| 8. | The selection of persons subject to a call to full-time reserve service under Article 21 of the Act and the cancellation thereof; |
| 9. | Enlistment of persons subject to a call to full-time reserve service for active duty service under Article 22 (1) of the Act; |
| 10. | Enlistment of persons subject to seconded service as mandatory fire-fighting unit personnel and riot police members under Article 25 (1) of the Act; |
| 14. | The designation of fields and consultations on the alteration of the fields in which pubic duty personnel serve under Article 31 of the Act; |
| 15. | The receipt of reports on any change in status of public duty service personnel and the re-designation of service institutions under Article 32 (1) or (4) of the Act; |
| 18. | Approval and permission of service in fields, other than the relevant fields of designated entities, at the time of transfer of expert research personnel and industrial technical personnel under the proviso to Article 39 (3) of the Act; |
| 19. | The receipt of reports on any change in status of expert research personnel and industrial technical personnel under Article 40 of the Act; |
| 20. | The cancellation of transfer and the extension of service of expert research personnel and industrial technical personnel and the handling of the cancellation of transfer under Article 41 of the Act; |
| 26. | A re-call of invalids and exemption from a call for military force mobilization training under Article 51 (3) of the Act; |
| 28. | The postponement of the date of draft physical examination, conscription (including recruitment) and call-up under Article 61 of the Act, and change of dispositions for military service for persons whose date of fulfillment of military duty has been postponed; |
| 33. | The adjustment of order in a call for military force mobilization and a call for wartime labor to a lower priority under Article 67 of the Act; |
| 34. | Requests for cooperation to the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") for wartime affairs under Article 83 (3) of the Act. |
| (3) | The Commissioner of the Military Manpower Administration shall delegate the following authority to the heads of diplomatic missions abroad pursuant to Article 78 (3) of the Act: |
| 1. | Authority to investigate and manage persons liable for military service who stay or reside in the jurisdictional areas of the diplomatic missions abroad; |
| 2. | Authority to receive and direct applications filed for permission for extension of the period of overseas travel and forwarding such applications to regional military manpower offices (including the forwarding thereof by means of electronic documents); |
| 3. | Authority to notify the results of the disposition of applications filed for permission for extension of the period of overseas travel to persons liable for military service; |
| 4. | Authority to take measures to get persons whose period permitted for overseas travel expires and persons who have violated obligations imposed when the permissions for overseas travel are granted for them, to return to the Republic of Korea; |
| 5. | Authority to confirm second generation Korean nationals abroad under Article 128 (6) ; |
| 6. | Authority to take measures to get persons liable for military service to return to the Republic of Korea in time of war or emergency, or in the event that an order for military force mobilization is issued. |
| (4) | The head of each diplomatic mission abroad shall designate personnel in charge of military affairs among public officials under his/her control in order to handle affairs related to military administration delegated pursuant to paragraph (3) , and when he/she designates or replaces the personnel in charge of military affairs, he/she shall notify the Commissioner of the Military Manpower Administration thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 157 (Handling of Sensitive Information and Inherent Identifiable Information) |
| (2) | The head of a military administrative agency may handle information of health under Article 23 of the Personal Information Protection Act, information falling under material of criminal history under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, or materials including resident registration number, passport number or foreign registration number under subparagraph 1, 2 or 4 of Article 19 of the same Decree, in unavoidable cases to perform duties on military administration, such as enlistment for first citizen service, physical examination for draft (including follow-up physical examination), conscription, recruitment, call-up, enlistment, service, discharge, etc. of a person liable for military service determined by the Act. |
| (3) | The head of an organ who has received the request of cooperation with respect to military administration under Article 80 (2) of the Act, or provision of materials under the latter part of Article 81 (2) of the Act may handle materials including personal information pursuant to paragraph (2), in unavoidable cases for the sake of the cooperation thereof or data provision. |
[This Article Added by Presidential Decree No. 23488, Jan. 6, 2012]
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| Article 158 (Reimbursement of Travel Expenses, etc. and Supply of Food, etc.) |
| (1) | Travel expenses reimbursed to persons liable for military service in accordance Article 79 (3) of the Act shall be limited to actual expenses within budgetary limits, and the Commissioner of the Military Manpower Administration or the chief of staff of each service branch shall determine the scope, amount, time and method of and procedures for the reimbursement, while travel expenses reimbursed to persons who have undergone a draft physical examination, persons enlisting in military units by conscription or a call-up, and persons who have undergone a physical examination after applying for the recruitment of active duty servicemen conducted by the Commissioner of the Military Manpower Administration and are enlisted in military units after being selected as a result of the physical examination under Article 20 of the Act shall be determined by the Commissioner of the Military Manpower Administration, and other travel expenses reimbursed to persons who are enlisted in military units after applying for the recruitment of active duty servicemen conducted by the chief of staff of each service branch and persons invalided shall be determined by the chief of staff of each service branch. |
| (2) | Clothing may be provided for persons who have enlisted for a call for military force mobilization training or an education call and persons who have received education in the barracks while attending schools as officer candidates of student military training corps, and the Minister of National Defense shall determine the kind of clothing, the scope, standard, procedure, etc. of the provision. |
| (3) | With regard to persons provided for in paragraph (2) , food and compensation for actual expenses may be provided within budgetary limits, and in cases of the supply of food, the regulations on meal service to soldiers shall apply mutatis mutandis. <Amended by Presidential Decree No. 24105, Sep. 19, 2012> |
| (4) | The expenses reimbursed to a medical institution to which an examination is entrusted pursuant to Article 79 (3) of the Act, such as examination fee, shall not exceed the limit set by Article 42 (4) of the National Health Insurance Act: Provided, That those not included in such expenses, the payment procedure, etc. shall be prescribed by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 159 (Prevention and Crackdown of Offenses Involved in Military Service) |
| (1) | The Commissioner of the Military Manpower Administration may organize and operate military offense investigation teams in the Military Manpower Administration and regional military manpower offices (including military manpower branch offices) in order to prevent and crack down on offenses involved in military service provided for in Article 81 of the Act. |
| (2) | The Commissioner of the Military Manpower Administration may ask for or request the provision of the following materials pursuant to Article 81 (2) and (3) of the Act: |
| 2. | Materials pertaining to the actual status of the services and management of public duty personnel, expert research personnel and industrial technical personnel provided for in Article 93 (1) ; |
| 3. | Materials needed to verify the fact of diseases or mental or physical disorder in order to change a military service disposition provided for in Article 135 (1) and (2) ; |
| 4. | Materials needed to verify whether profit-making activities provided for in Article 147-2 (1) 1 (e) are carried out; |
| 5. | Materials pertaining to military service, which are kept and managed pursuant to Article 154 (3) ; |
| 6. | Other materials needed to verify and check whether military service obligation provided for in Acts and subordinate statutes governing military service is fulfilled. |
| (3) | Necessary matters concerning the composition, operation, etc. of military offense investigation teams referred to in paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 160 Deleted. <by Presidential Decree No. 16668, Dec. 31, 1999> |
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| Article 161 Deleted. <by Presidential Decree No. 16668, Dec. 31, 1999> |
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| Article 162 Deleted. <by Presidential Decree No. 16668, Dec. 31, 1999> |
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| Article 163 Deleted. <by Presidential Decree No. 18273, Feb. 9, 2004> |
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| Article 163-2 Deleted. <by Presidential Decree No. 18273, Feb. 9, 2004> |
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| Article 163-3 Deleted. <by Presidential Decree No. 18273, Feb. 9, 2004> |
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| Article 164 (Investigation into Missing Persons) |
| (1) | Where there are persons, from among those liable for military service, who cannot be served with a notice imposing military service obligation on account of their whereabouts being unknown, the director of the regional military manpower office shall investigate their whereabouts. |
| (2) | When the director of a regional military manpower office deems it necessary, he/she may ask the head of the competent police station to investigate the whereabouts of the missing, and the head of the police station shall, upon receiving such request, notify the director of the regional military manpower office of the results of the investigation within 30 days from the day he receives the request. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 165 (Complaints against Persons who Evade Military Service) |
| (1) | The director of each regional military manpower office shall, when any person liable for military service is found to have evaded a draft physical examination, conscription or call-up (including checkups) in an area under his/her jurisdiction without justifiable grounds, promptly file a complaint with the chief of the competent investigative agency against such person: Provided, That where any person who has received notice that he was selected for active duty service out of his own accord is found to have evaded enlistment, if the selection was conducted by the chief of staff of each service branch, the relevant chief of staff, and if the selection was conducted by the Commissioner of the Military Manpower Administration, the director of the regional military manpower office shall file a complaint against such person. |
| (2) | When public duty personnel, public health doctors, doctors exclusively in charge of the draft physical examination, international cooperative doctors, public-service advocates or public quarantine veterinarians have deserted the places of their service or have not served in the pertinent fields for a total period of eight or more days without justifiable grounds, the heads of the service institutions of administrative agency personnel (referring to the Minister of Foreign Affairs and Trade in cases of international cooperative doctors and international cooperation service personnel, the Minister of Culture, Sports and Tourism in cases of art and sports personnel, the Minister of Health and Welfare in cases of public health doctors, the Commissioner of the Military Manpower Administration in cases of doctors exclusively in charge of the draft physical examination, the Minister of Justice in cases of public-service advocates and the Minister for Food, Agriculture, Forestry and Fisheries in cases of public quarantine veterinarians) shall promptly file complaints with the head of the competent investigative agency: Provided, That the Commissioner of the Military Manpower Administration shall file complaints against them where the heads of the service institutions fails to file complaints against them. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22290, Jul. 21, 2010> |
| (3) | When any member of the public duty personnel falls under any subparagraph of Article 33 (1) of the Act, the head of a service institution shall issue a written warning indicating the time and date, place, reason, etc., and, where falling under any subparagraph of Article 89-3 of the Act, he/she shall promptly file a complaint against the said personnel with the head of the competent investigative agency: Provided, That the Commissioner of the Military Manpower Administration shall issue a written warning or file a complaint against the said personnel where the head of the service institution does not issue a written warning or file a complaint. <Amended by Presidential Decree No. 23305, Nov. 23, 2011> |
| (4) | The head of an investigative agency in receipt of a complaint under paragraphs (1) through (3) shall promptly report the results of a disposition taken to deal with the complaint to the head of an institution who has filed the complaint. |
| (5) | The head of an institution who has filed a complaint under paragraphs (1) through (3) shall promptly report or notify the results of dealing with the complaint filed under paragraphs (1) through (4) to the director of a regional military manpower office. |
| (6) | The director of a regional military manpower office shall, upon issuing a written warning or filing a complaint pursuant to paragraphs (2) and (3) , promptly notify the head of the pertinent service institution thereof. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 166 (Grant of Rewards) |
| (1) | Those who apprehend persons who have committed an offense provided for in Articles 86 through 89, 89-2, 89-3 and 90 of the Act, persons who have contributed to the apprehension of such persons through the provision of information, agencies and public officials who have excellent records of performance in the prevention against and regulation of acts of evading and dodging military service, or other persons who have reported illegal and unfair dispositions for military service may be paid with rewards within budgetary limits. |
| (2) | The standard for and method of provision of rewards and other necessary matters shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 167 Deleted. <by Presidential Decree No. 18891, Jun. 30, 2005> |
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| Article 168 (Designation, etc. of Medical Facilities) |
| (1) | The director of a regional military manpower office (including the head of a military manpower branch office; hereafter the same shall apply in this Article) may designate medical institutions that issue a medical certificate for military affairs which may be used as a reference for the draft physical examination, disposition of exemption from military service of the first citizen service personnel, change of a military service disposition, etc. |
| (2) | When the director of a regional military manpower office designates medical facilities under paragraph (1) , he/she shall take into consideration the number of persons liable for military service, transportation distance, hospital facilities, etc. |
| (3) | When the director of a regional military manpower office designates medical facilities under paragraph (1) , he/she shall grant a certificate of commission and publicly announce the title, location, etc. of such medical facilities. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER XII EXCEPTIONS IN WARTIME
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| Article 169 (Exceptions in Wartime) |
| (1) | When the Minister of National Defense or the Commissioner of the Military Manpower Administration wishes to take exceptional measures in wartime in accordance with Article 83 (1) or (2) of the Act, he/she shall announce them publicly via newspapers, television or radio. |
| (2) | In cases of substituting the service of a written notice on imposition of mandatory military service with public announcement in accordance with Article 83 (2) 1 of the Act, either one of the following methods shall be complied to, and the names and addresses shall be included in the contents of the public announcement so that persons liable for military service are informed of their liability: |
| 1. | Public announcement via two or more daily newspapers on two or more occasions; |
| 2. | Public announcement via governmental or public television or radio broadcast and one or more private television or radio broadcast on two or more occasions. |
| (3) | In time of war or emergency, or in the event that an order for military force mobilization is issued, the Minister of National Defense may convert those subject to a call for military force mobilization training, from among persons who are being called up for military force mobilization training or persons who have been mobilized in military units in accordance with other Acts, into those subject to a call for military force mobilization under Article 46 of the Act. In such cases, the heads of the pertinent military units shall promptly notify the directors of regional military manpower offices or the heads of military manpower branch offices of a list thereof. |
| (4) | The Minister of National Defense shall, where he/she intends to suspend or cancel seconded service as correctional facility guards, mandatory fire-fighting unit personnel, or riot police members under Articles 24 and 25 of the Act, have consultations with the Minister of Justice, the Administrator of the National Emergency Management Agency, the Commissioner General of the Korean National Police Agency, or the Commissioner General of the Korea Coast Guard, respectively. |
| (5) | The cessation of enlistment of public duty personnel, expert research personnel and industrial technical personnel and conversion of wartime resources in accordance with Article 83 (2) 3 and 4 of the Act may be carried out in stages following a determination of the order of priority of each field of mandatory service. |
| (6) | When persons liable for military service wish to report the change of residence in accordance with Article 83 (2) 7 of the Act, they shall present certificates related to their military service, such as a military service certificate and a certificate of discharge from military service. |
| (7) | In time of war or emergency, or in the event that an order for military force mobilization is issued, the Commissioner of the Military Manpower Administration may reduce the period for service or delivery of a notice of draft physical examination and enlistment as active duty servicemen under Articles 9 (1) and 21 (1) . |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 169-2 (Composition of Committees for Prevention of Military Service Offenders) |
| (1) | The Central Committee for the Prevention of Military Service Of fenders provided for in Article 83-2 (1) of the Act shall consist of one chairperson, two vice chairpersons and ten members, and the Commissioner of the Military Manpower Administration shall be the chairperson, the Deputy Commissioner of the Military Manpower Administration and the Director General of the Criminal Department of the Supreme Public Prosecutors' Office shall each be the vice chairperson, and the members shall be each designated by the heads of the relevant agencies from among public officials of Grade III in rank or public officials in general service in the Senior Civil Service (including public officials in specific and special service equivalent thereto) who belong to the National Assembly Secretariat, the National Court Administration, the Ministry of Foreign Affairs and Trade, the Ministry of Public Administration and Security, the Ministry of Health and Welfare, the Ministry of Employment and Labor, the Korean National Policy Agency, the National Tax Service and the Military Manpower Administration plus one member who is recognized by the chairperson as being necessary to prevent and crack down on military service offenders and is commissioned by the chairperson. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | A local committee for the prevention of military service offenders provided for in Article 83-2 (1) of the Act shall consist of one chairperson, two vice chairpersons and six members, and the Mayor/Do Governor shall be the chairperson while the director of the regional military manpower office and the deputy prosecutor general of the district pubic prosecutors' office (the second deputy prosecutor general in cases of the Seoul Central District Public Prosecutors' Office, the Busan District Public Prosecutors' Office, the Daegu District Public Prosecutors' Office, the Incheon District Public Prosecutors' Office and the Suwon District Public Prosecutors' Office) having jurisdiction over the relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") shall each be the vice chairperson, and persons falling under each of the following subparagraphs shall be the members: |
| 1. | Public officials of Grade II or III in rank (public officials of Grade III or IV in rank in the case of the Jeju committee for the prevention of military service offenders) who are designated by the chief judge of the district court (the chief judge of the Seoul family court in the case of the Seoul committee for the prevention of military service offenders); |
| 2. | Public officials with the positions of bureau director general who are designated by the Mayor/Do Governor; |
| 3. | The deputy chief of the local policy agency of the City/Do (the head of the detective department of the Seoul policy agency in the case of the local committee for the prevention of military service offenders of the Seoul Special Metropolitan City and the head of the investigative division of the Jeju provincial policy agency in the case of the Jeju committee for the prevention of military service offenders); |
| 4. | One person commissioned by the chairperson from among prosecutors working for the competent district public prosecutors' office; |
| 5. | Two persons commissioned by the chairperson after the latter recognizes them as necessary to prevent and crack down on military service offenders. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 169-3 (Operation of Committees for Prevention of Military Service Offenders) |
| (1) | The chairperson of the Central Committee for the Prevention of Military Service Offenders and each local committee for the prevention of military service offenders (hereinafter referred to as "each Committee") shall exercise overall control of each Committee's administrative affairs, represent each Committee, convene each Committee's meetings and preside over such meetings. |
| (2) | The vice chairperson of each Committee shall assist the chairperson and when the chairperson is unable to perform his/her duties on the grounds of inevitability, the vice chairperson designated by the chairperson shall perform the chairperson's duties. |
| (3) | Each Committee's meetings shall open with the attendance of a majority of all members on the register and pass resolutions with the concurrent vote of a majority of those present. |
| (4) | Necessary matters concerning the operation of each Committee, with the exception of matters prescribed by this Decree, shall be prescribed by the chairperson following the resolution by each Committee. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 169-4 (Organization, etc. of Military Service Offender Crackdown Teams) |
| (1) | A military service offender crackdown team shall be organized and operated at each local committee for the prevention of military service offenders with the assignment to prevent the occurrence of military service offenders and crack down on such military service offenders. |
| (2) | A military service offender crackdown team shall be organized at every district public prosecutors' office and its branch office, and its head shall be a prosecutor recommended by the head of the relevant district public prosecutors' office or the head of the branch office of the relevant district public prosecutors' office, while its members shall be public officials in charge of cracking downing on military service offenders designated by the director of the regional military manpower office or the head of the military manpower branch office and policy officers designated by the chief of the local policy agency, and the team of crackdown on military service offenders shall carry out its activities under the direction and supervision of its head. |
| (3) | Specific matters concerning the composition, operation, etc. of military service offender crackdown teams shall be prescribed by the Commissioner of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
CHAPTER XIII PENAL PROVISIONS
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| Article 170 Deleted. <by Presidential Decree No. 18891, Jun. 30, 2005> |
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| Article 171 (Standards for Imposing Fines for Negligence) |
[This Article Wholly Amended by Presidential Decree No. 21867, Dec. 7, 2009]
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| Article 172 Deleted. <by Presidential Decree No. 21069, Oct. 8, 2008> |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions of Article 156 (1) 2 of the Act shall enter into force on January 1, 1995. Article 2 (Repealed Acts and Subordinate Statutes)
Article 3 (Transitional Measures concerning Industrial Technical Personnel who Serve in Defense Industry Research Institutes)
Persons who are serving in defense industry research institutes in accordance with Article 4 of the Addenda to the previous Enforcement Decree of the Special Case Regulation Act (Presidential Decree No. 12992) as at the time this Decree enters into force shall be deemed industrial technical personnel who are serving in defense industry research institutes in accordance with the provisions of Article 72 (3) 1. Article 4 (Transitional Measures concerning Job Training for Transfer to Industrial Technical Personnel Service)
Article 5 (Transitional Measures concerning Reduction of Service Period of Persons whose Transfer to Expert Research Personnel Service has been Cancelled, etc.)
| (1) | With respect to expert research personnel and industrial technical personnel or persons transferred to expert research personnel service or industrial technical personnel service in accordance with Article 5 (2) of the Addenda to the Act as at the time this Decree enters into force, who have been called for defense or as public duty personnel after this Decree enters into force in accordance with Articles 4 and 5 (3) of the Addenda to the Act due to the cancellation of their transfer for any ground for cancellation provided for in Article 41 (1) 2 of the Act, the period of service shall be reduced by two months for each year (for a period less than one year, this calculated reduction shall not apply) obligatorily served at a designated entity. |
| (2) | Persons who have undergone general military education in accordance with the Presidential Decree on the Implementation of Student Military Education before this Decree enters into force and who are serving as administrative agency personnel, among public duty personnel, shall have their service period reduced according to the following classification, notwithstanding the provisions of Article 116 (1) : Provided, That this shall not apply to persons subject to general military education who have refused such education, persons who failed in the grade evaluation, and persons who fall under Article 63 (2) of the Military Service Act and the proviso to Article 4 (1) of the Addenda to the amended Military Service Act (Act No. 4685): |
| 1. | Persons who have completed the second grade of required basic military education: 21 days; |
| 2. | Persons who have not completed the first grade of basic military education but who have completed the second grade of basic military education: 10 days; |
| 3. | Persons who have completed the first grade of basic military education: 10 days. |
Article 6 (Transitional Measures concerning Handling of Dependants of Defense Corps or Persons Subject to Defense Call)
Defense corps, persons subject to a call for defense, or persons to be called for defense in accordance with Article 4 of the Addenda to the Act as at the time this Decree enters into force, who have submitted an application for cancellation of or exemption from the defense call because they fall under any ground for cancellation of or exemption from a defense call under the previous provisions, shall be deemed dependants provided for in Article 130 (1). Article 7 (Transitional Measures concerning Procedure of Application for Reduction of Service Period for Only Sons, etc.)
The procedure of application for reduction of service period for only sons, etc. provided for in the proviso to Article 4 (1) and Article 12 of the Addenda to the Act shall be governed by the previous provisions.
Article 8 (Special Cases concerning Assignment of Convicts to Second Citizen Service)
In applying the provisions of Article 136 (1) 1 and 2 to persons who have been sentenced to a prison term, incarceration, or higher punishment on account of their acts committed during the period from March 25, 1989 to February 24, 1993, the sentence of imprisonment, incarceration or higher punishment for the acts committed during the above-mentioned period shall be summed up. In such cases, the provisions of the proviso to Article 136 (1) 2 of the Act shall not apply. Article 9 (Transitional Measures concerning Re-Service of Persons whose Defense Call has been Cancelled on account of Emigration with their Families)
Defense corps and persons who are to be called for defense in accordance with Article 4 of the Addenda to the Act as at the time this Decree enters into force, whose defense call was cancelled in accordance with the provisions of Article 57 (1) 2 of the previous Military Service Act and previous Article 104 (1) 4, but whose cancellation of the call for defense has been revoked in accordance with the proviso to previous Article 104 (1) 4, shall be returned to service until they complete the remaining period of service according to the following classification: | 1. | When cancellation of the defense call has been revoked no later than December 31, 1994: Return to service as defense corps; |
| 2. | When cancellation of the defense call has been revoked after January 1, 1995: Return to service as public duty personnel in accordance with Article 26 (1) 1 of the Act. |
Article 10 (Transitional Measures concerning Persons whose Defense Call has been Withheld)
When the grounds for withholding a defense call of crew members on an intercontinental ship (including persons whose defense call has been withheld no later than December 31, 1994) continue to exist for not less than three years in accordance with Article 58 (1) of the previous Military Service Act and previous Article 106, they may be exempted from a defense call or call for public duty personnel service. Article 11 (Transitional Measures concerning Levy of Fines for Negligence against Guarantors of Returning to Korea)
Levy of fines for negligence against guarantors of returning to Korea of persons who obtained permission for overseas travel before this Decree enters into force shall be governed by the previous provisions.
Article 12 (Transitional Measures concerning Administrative Dispositions, etc.)
Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office, etc. in accordance with the previous provisions or the previous Enforcement Decree of the Special Case Regulation Act and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency corresponding thereto under this Decree. Article 13 Omitted.
Article 14 (Relations with other Acts and Subordinate Statutes)
In cases where the provisions of the previous Enforcement Decree of the Military Service Act and the Enforcement Decree of the Special Case Regulation Act are cited or applied mutatis mutandis in other Acts and subordinate statutes as at the time this Decree enters into force, and when provisions corresponding thereto exist in this Decree, this Decree or the pertinent provisions of this Decree shall be deemed to have been cited or applied mutatis mutandis in place of the previous provisions.
ADDENDA <Presidential Decree No. 14446, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14819, Dec. 6, 1995>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14 (2) , 15 (1) , 32 and 158 shall enter into force on January 1, 1996. |
| (2) | (Transitional Measures concerning Administrative Dispositions) Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office, etc. in accordance with the previous provisions and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency under this Decree. |
| (3) | (Transitional Measures with regard to Period of Job Training for Transfer to Industrial Technical Personnel Service) With respect to persons who are receiving job training for transfer to industrial technical personnel service as at the time this Decree enters into force in accordance with the previous provisions, the amended provisions of Articles 84 (1) and 89 (3) shall apply. |
ADDENDUM <Presidential Decree No. 15030, Jun. 20, 1996>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15135, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 15221, Dec. 31, 1996>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15380, May 27, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 47 (1) and (3) shall enter into force on January 1, 1998.
Article 2 (Transitional Measures concerning Administrative Dispositions)
Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office, etc. in accordance with the previous provisions and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency under this Decree.
Article 3 (Period of Service of Persons who have Completed Vocational Training to Become Industrial Technical Personnel)
In cases where persons who are receiving vocational training for transfer to industrial technical personnel service pursuant to the previous provisions of Article 84 as at the time this Decree enters into force are transferred to industrial technical personnel service pursuant to the amended provisions of Article 79 (1) after this Decree enters into force, the period of such vocational training shall be included in the period of mandatory service.
Article 4 (Applicability concerning Reduction of Period of Service of Persons whose Transfer has been Cancelled)
The amended provisions of Article 92 (3) shall apply to persons whose transfer to expert research personnel service or industrial technical personnel service has been cancelled on or after the enforcement date of the amended Military Service Act (Act No. 5271) (hereinafter referred to as the "enforcement date of the Act"). Article 5 (Transitional Measures concerning Reduction of Period of Service of Persons whose Transfer to Expert Research Personnel has been Cancelled, etc.)
With respect to persons under Article 4 (1) of the Addenda to the amended Military Service Act (Act No. 4685) who are called to public duty personnel service because their transfer to expert research personnel service or industrial technical personnel service has been cancelled on or after the enforcement date of the Act (limited to persons whose period of mandatory service is one year or longer), the period of service shall be reduced by one month for each six month period during which they mandatorily served in any designated entity: Provided, That the previous provisions shall apply to the reduction of period of service of persons enlisted as active duty servicemen or called as public duty personnel because their transfer to expert research personnel service or industrial technical personnel service has been cancelled before the enforcement date of the Act. Article 6 Omitted.
ADDENDUM <Presidential Decree No. 15919, Oct. 21, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16149, Mar. 3, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 3, 3 (2) and (3), 3-2 (2), 4 (1) and (2), 7, 8 (1) through (3), 9, 51 (1), 90 (2), 94 (4), 129 (3), 130 (2), 132 (1), 134 (1), (3) and (4), 136 (3), 142 (2), 143, 143-2, 156 (2) 2 and 164 shall enter into force on July 1, 1999. Article 2 (Applicability)
| (1) | The amended provisions of Article 37 (1) and (2) shall apply to persons who are enlisted in the military on or after January 1, 1999. |
| (2) | The amended provisions of Article 170 shall apply to persons who have guaranteed the return to Korea of persons who have been issued permits for overseas travel or permits for extending overseas travel. |
Article 3 (Special Case for Survey of Persons Subject to Draft Physical Examination)
With regard to the survey of persons subject to the draft physical examination for the first citizen service for 1999, the head of an Eup/Myeon/Dong shall compile a report on the survey of persons subject to the draft physical examination and a list of persons subject to the draft physical examination to furnish them to the director of a regional military manpower office by March 31, 1999 notwithstanding the provisions of Article 8 (1). Article 4 (Transitional Measures concerning Administrative Dispositions, etc.)
Any dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office and the head of a Si/Gu/Eup/Myeon/Dong under the previous provisions, acts performed by administrative agencies, various petitions and acts performed in relation to administrative agencies as at the time this Decree enters into force shall be deemed acts by or in relation to administrative agencies under this Decree.
Article 5 Omitted.
Article 6 (Relations with other Acts and Subordinate Statutes)
Any previous provisions cited or applied mutatis mutandis by other Acts and subordinate statutes as at the time this Decree enters into force, when this Decree has provisions corresponding thereto, shall be deemed cited or applied mutatis mutandis by this Decree or such corresponding provisions in this Decree in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 16668, Dec. 31, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (1), 3 (2), 3-2 (1) and (3), 4, 7 (1) and (2), 9 (1), 16, 29 (1), 47 (1), 48, 74 (2), 81 (1) 1 and 2 and (2), 82 (4) 3 and 5, 86 (2), 91 (1) 1, 116 (2), 127-2, 143 (2), 144, 148, 153-4 (3), 155, 156, 163-3 (2), 168 (1), and 169 (3) shall enter into force on January 1, 2000. |
| (2) | (Example of Application) The amended provisions of Article 134 (8) 3 shall apply to persons who are transferred to or enrolled in domestic educational institutions after the enforcement of this Decree. |
| (3) | (Special Case for Enlistment of Convicts into Second Militia Service) Persons who had been born prior to December 31, 1972 may be enlisted into the second militia service from among the persons subject to the enlistment in active military service or the enlistment in recruit service (excluding persons who have completed the recruit service as officers, warrant officers and sergeants and the service of recruit or the obligatory service) who have been sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than six months but less than one year and six months and to a stay of execution of imprisonment with prison labor or imprisonment without prison labor for not less than six months for acts performed until December 31, 1999, notwithstanding the amended provisions of Article 136 (1) 2. |
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17138, Feb. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 28, 2001.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17158, Mar. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2001.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 17159, Mar. 27, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on March 27, 2001. |
| (2) | (Transitional Measures on Administrative Dispositions, etc.) Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a military manpower office and the head of a regional military manpower office in accordance with the previous provisions and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency under this Decree. |
ADDENDA <Presidential Decree No. 17361, Sep. 15, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Cases of Request for Allocation of Recommended Persons for Scheduled Appointment to Obligatory Fire-Fighting Unit Members)
The Minister of Government Administration and Home Affairs may, notwithstanding the amended provisions of Article 43 (1), request the Minister of National Defense to allocate the relevant recommended personnel within one month after the promulgation of this Decree, in the case of the required personnel scheduled to be appointed to the obligatory firefighting unit members in 2002.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 17442, Dec. 31, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Applicants for Active Service) The amendments to Article 29 (4) (latter part) and (5) shall apply to the persons enlisting on and after January 1, 2002. |
ADDENDA <Presidential Decree No. 17636, Jun. 25, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicable Examples concerning Persons Subject to Recommendation of Public Interest Service Personnel) The amended provisions of Article 49 (1) 6 shall apply to and from the persons who obtained good results by winning 16th or higher ranking in the 2002 World Cup soccer games. |
ADDENDA <Presidential Decree No. 17718, Aug. 21, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 14 (2) shall enter into force on January 1, 2003. |
| (2) | (Transitional Measures concerning Administrative Dispositions, etc.) Dispositions for military service taken by the Commissioner of the Military Manpower Administration, the director of a military manpower office and the head of a local administrative agency in accordance with the previous provisions and other acts conducted by an administrative agency or various applications and other acts in relation to an administrative agency as at the time this Decree enters into force shall be deemed acts by or in relation to an administrative agency under this Decree. |
ADDENDA <Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 18098, Sep. 15, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18133, Nov. 20, 2003>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 18254, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 18273, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Application Example concerning Service Period for Person Called up to Serve as Full-Time Reserve)
The amended provisions of Article 37 (2) shall apply, starting with any person who is enlisted in any military unit after October 1, 2003.
Article 3 (Application Example concerning Enlistment of Military Medical Personnel in Second Militia Service)
The enlistment of any of military medical personnel in the second militia service on the grounds of his family problems provided for in Article 120 (1) 4 shall apply, starting with any person who is enlisted as a medical cadet officer after the enforcement of this Decree.
Article 4 (Application Example concerning Postponement of Enlistment Date, etc.)
The amended provisions of the main sentence of Article 129 (3) shall apply, starting with any person who receives a notice on the date of his draft physical or the date of his enlistment after the enforcement of this Decree.
Article 5 (Application Example concerning Standards for Extending Mandatory Service Period of Technical Research Personnel)
The amended provisions of the Appendix 3 shall apply, starting with a case where the act of violation begins after the enforcement of this Decree.
Article 6 (Transitional Measures concerning Revocation of Selection of Designated Enterprise)
In the event that any designated enterprise or the head of any designated enterprise has been sentenced to a fine or a heavier punishment on the grounds of any act committed prior to the enforcement of this Decree and such sentence has been confirmed and the technical research personnel or the skilled industrial personnel of such designated enterprise are still working for such designated enterprise, such case shall be governed by the previous provisions, notwithstanding the amended provisions of Article 77 (1) 7.
Article 7 (Special Case concerning Service Period for Full-Time Reserve Still in Service)
The service period of any full-time reserve who was enlisted in any military unit on or before September 30, 2003 and is still in service shall be shortened taking into account the shortening of the service period for active service soldiers, etc., and the supply and demand of manpower, but specific period to be shortened by the time of enlistment shall be prescribed by the Minister of National Defense.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18377, Apr. 24, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 18390, May 24, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2004.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18669, Jan. 5, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18891, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Article 2 (Transitional Measures concerning Recommendation for Selecting Designated Enterprises and Notification of Required Per sonnel)
The filing of applications for selecting designated enterprises, recommendations for selecting designated enterprises and the notifications of required personnel by the heads of designated enterprises, etc. in 2005 in accordance with the amended provisions of Articles 73 (2) and (3) and 75 (1) and (2) shall be governed by the previous provisions. Article 3 (Transitional Measures concerning Age Limit by School, etc.)
The scope of age limit and schools that make it possible to postpone the conscription and calls-up of persons who study at high schools pursuant to the amended provisions of Article 124 (1) 1 and (2) 1 (a) at the time of the enforcement of this Decree shall be governed by the previous provisions.
Article 4 (Transitional Measures concerning Military Service Disposition for Mixed-Blood Persons Who Are Unquestionably Distinguishable in Appearance)
The amended provisions of Article 136 (1) 2 (b) shall apply, starting with the persons who were born after January 1, 1987.
Article 5 (Transitional Measures concerning Imposing of Obligation to Persons Who Emigrate Abroad)
The amended provisions of Article 147-2 (1) 1 (c) shall apply, starting with the person who first enters the Republic of Korea after the enforcement of this Decree and anyone who stays in the Republic of Korea at the time of the enforcement of this Decree shall be governed by the previous provisions.
Article 6 (Transitional Measures concerning Imposition of Obligation on Persons, etc. Who Study at Korean Educational Institutions as Emigrants)
The amended provisions of Article 147-2 (1) 1 (d) shall apply, starting with the person who graduates from any Korean education institution (including the completion of study, the leave of absence from schools, expulsions from schools and removal from school registers, etc.; hereinafter the same shall apply), but the person who has continued to stay in the Republic of Korea after graduating from any Korean educational institution and the person who studies at any Korean educational institution and whose parents or spouse stay in the Republic of Korea at the time of the enforcement of this Decree shall be governed by the previous provisions.
Article 7 (Transitional Measures concerning Revocation of Military Service Exemption Disposition for Anyone Who Is Subject to Military Service Exemption Disposition after Obtaining Permanent Resident Status, etc. Together with His Family Abroad)
Anyone who is subject to the revocation of the military service exemption disposition pursuant to the previous provisions of Article 134 (8) shall be deemed the person who falls under the ground provided for in any of items of Article 147-2 (1) 1 of this Decree.
Article 8 Omitted.
ADDENDA <Presidential Decree No. 18972, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 19182, Dec. 26, 2005>
This Decree shall enter into force on January 1, 2006.
ADDENDA <Presidential Decree No. 19321, Feb. 8, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19688, Sep. 22, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on September 25, 2006. |
| (2) | (Applicable Example concerning Recommendation of Public Interest Service Personnel) The amended provisions of Article 49 (1) 7 shall begin to apply to the persons who have won fourth place or higher in the 2006 World Baseball Classic. |
| (3) | (Transitional Measures concerning Limitation on Permission for Overseas Travel for Persons Disposed of Exemption from Military Service by Gaining Right of Permanent Residence with Family in Foreign Country) The former provisions of Article 145 (6) 4 (b) (referring to the provisions before the amendment by Partial Amendment Decree of the Enforcement Decree of the Military Service Act, Presidential Decree No. 18891) shall apply to the limitation on permission for overseas travel for persons whose disposition of exemption from military service and permission for overseas travel have been revoked or are being revoked pursuant to the former provisions of Article 134 (8) (refers to the provisions before the amendment by Partial Amendment Decree of the Enforcement Decree of the Military Service Act, Presidential Decree No. 18891). |
ADDENDUM <Presidential Decree No. 19789, Dec. 29, 2006>
This Decree shall enter into force on January 1, 2007.
ADDENDUM <Presidential Decree No. 20120, Jun. 28, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDA <Presidential Decree No. 20142, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20222, Aug. 17, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 20286, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2007.
Article 2 (Special Cases for Time Limit for Implementation of Education on Duties by Heads of Administrative Agencies Concerned)
Education on duties which shall be implemented by the heads of administrative agencies concerned pursuant to the amended provisions of Article 63 (2) may be, until December 31, 2008, conducted within six months after the end of a call for education, notwithstanding the former part of paragraph (1) of the same Article.
ADDENDA <Presidential Decree No. 20469, Dec. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008.
Article 2 (Applicability concerning Compensation, etc. to Public Duty Personnel)
The amended provisions of Article 152 (2) shall apply to persons for whom grounds for compensation, etc. accrue on or after the date this Decree enters into force.
Article 3 (Transitional Measures concerning Persons with Special Talents in Field of Art or Sports)
The previous provisions shall apply to service as public duty personnel of those who fall under the previous Article 49 (1) 2, 6 or 7 as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 20675, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20797, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20854, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 21069, Oct. 8, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the former part of the part other than the subparagraphs of Article 136 (1) shall enter into force on January 1, 2009.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21256, Jan. 7, 2009>
This Decree shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 21774, Oct. 8, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21867, Dec. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2009: Provided, That the amended provisions of Articles 47, 47-3, 48, 49 and 51 (2) , subparagraph 7 of Article 52, Articles 62 and 92-2, subparagraph 1 of Article 107, proviso to Article 137 (1) 1 and Article 137 (1) 3 shall enter into force on January 1, 2010. Article 2 (Applicability concerning Method, etc. of Calculating Service Period of Active Duty Servicemen)
The amended provisions of Article 30 shall also apply to persons who are in service or are scheduled to be in service as active duty servicemen (including full-time reserve personnel) or administrative agency personnel after having been expelled from educational institutions under Article 30 (1) as at the time this Decree enters into force: Provided, That the previous provisions shall apply where calculating the service period as prescribed in the previous provisions is more advantageous. Article 3 (Applicability concerning Change of Job by Expert Research Personnel and Industrial Technical Personnel)
The amended provisions of Article 85 (2) 5 shall also apply to persons engaged in designated entities which are closed or have been issued a disposition for suspension of business as at the time this Decree enters into force. Article 4 (Applicability concerning Change of Disposition for Military Service without Physical Examination)
The amended provisions of Article 135 (3) shall apply to persons who file an application for change of a disposition for military service on or after the date this Decree enters into force. Article 5 (Applicability concerning Change of Disposition for Military Service of Inmates, etc. of Protection Facilities for Children)
| (1) | The amended provisions of Article 136 (1) 2 (e) shall also apply to those who have been or are put under protection in protection and treatment facilities for children, communal homes and vocational training facilities for children as at the time this Decree enters into force. |
| (2) | The amended provisions of Article 136 (1) 2 (h) shall also apply to those whose gender has been changed from female to male in the family relationship register as at the time this Decree enters into force. |
Article 6 (Applicability concerning Change of Disposition for Military Service of Active Duty Servicemen, etc.)
The amended provisions of the proviso to Article 137 (1) 1 and of Article 137 (1) 3 shall apply to persons who undergo a physical examination on or after the date this Decree enters into force. Article 7 (Transitional Measures concerning Persons who have Obtained Permission for Overseas Travel)
Notwithstanding the amended provisions of Article 146 (1) , the previous provisions shall apply to persons who have obtained permission for overseas travel or for extension of the period of overseas travel on the ground of residence in a foreign country with either of their parents as prescribed in previous Article 146 (1) 11. Article 8 Omitted.
Article 9 (Relationship with other Acts and Subordinate Statutes)
Where any provisions of the previous Enforcement Decree of the Military Service Act are cited in other Acts and subordinate statutes as at the time this Decree enters into force, the corresponding provisions of this Decree shall be deemed to have been cited in place of the previous provisions if such corresponding provisions exist in this Decree.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22234, Jun. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22286, Jul. 21, 2010>
This Decree shall enter into force on July 26, 2010: Provided, That the amended provisions of Articles 129, 135, 136, 137 (1) 4 and 5, and 149 shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 22290, Jul. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2010.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22414, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 135 (3) , 136 (2) and 147-2 shall enter into force on January 1, 2011. Article 2 (Applicability)
The amended provisions of Article 147-2 shall apply to cases where either of the parents of a person who has obtained permission for overseas travel or for extension of the period of overseas travel on the condition that he reside in a foreign country with either of his parents falls under any ground referred to in Article 147-2 (1) 1 (a) through (c) on or after January 1, 2011.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Dec. 30, 2010. Provided, That addenda Article 7 (11) shall enter into force from Jan. 1, 2011.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22560, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Feb. 5, 2011.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22687, Mar. 2, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22752, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Leave of Administrative Agency Personnel)
| (1) | Notwithstanding the amended provisions of Article 59 (1) 1, the previous provision shall apply for a person who has been called not later than Dec. 31, 2010. |
| (2) | Notwithstanding the amended regulation of Article 59 (1) 2 (a), the previous provision shall apply for a person who has received the authorization of emergency leave from the head of each service institution at the time of enforcement of this Decree. |
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 23026, Jul. 14, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23305, Nov. 23, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 25, 2011. The amended provisions of Article 17, 26, 119 (1) 2, 120 (1) 3, 128 and 136 (1) 2 (g) of the Decree shall enter into force on Jan. 1, 2012. Articles 2 (Applicable Example concerning Inclusion, etc. in the Period of Service as to the Period of Basic Military Training for Persons Expelled from Military Academy)
| (1) | The amended provision of Article 30 (7) shall be applied to the case where persons serve as active duty servicemen, onboard ship reserve service, public duty personnel, expert research personnel or industrial technical personnel at the time when this Decree enters into force. |
| (2) | The amended provision of Article 30 (9) shall be applied to the case where persons serve as active duty servicemen, onboard ship reserve service, public duty personnel, expert research personnel or industrial technical personnel but fail to take the basic military training at the time when this Decree enters into force. |
Article 3 (Applicable Example concerning Second Generation Korean National Abroad)
The amended provision of Article 128 shall be applied to from a person who was born after the date on Jan. 1, 1994. Article 4 (Applicable Example concerning being Exempted from Reduction of Military Service for Convict of Evasion of Military Service)
The partial proviso other than each item of Article 136 (1) 1, the amended provision of the proviso of Article 136 (1) 2 (a), the proviso of Article 137 (1) 2 and the amended provision of Article 137 (1) 4 shall be applied from the case where all requirements of each subparagraph as follows have been prepared: | 1. | After the Decree enters into force, a person who injures his body or commits a deceitful act with the intention of evading military service or having military service reduced; |
| 2. | A person who is sentenced to imprisonment pursuant to Article 86 of the Act by the act of the above subparagraph 1. |
Article 5 (Applicable Example concerning Changes of Dispositions for Military Service of Active Duty Servicemen, etc.)
The amended provision of Article 137 (3) shall be also applied to from a person who has been transferred to the second citizen service by the reason of being convicted as an enlisted man of active duty service or reserve service. Article 6 (Applicable Example concerning Calculation of Period of Actual Service of Onboard Ship Reserve Personnel, etc.)
The amended provision of Article 151 shall be applied to from a person who has been called after the date on Feb. 27, 2011. Article 7 (Exception concerning Enrollment of Judicial Officer Candidates)
At the time when this Decree enters into force, in cases where persons working on the prescribed course at law schools who can obtain the qualification to be a judge, public prosecutor or attorney-at-law by the time they reach the age of 30 intend to apply for the judicial official candidates pursuant to the amended provision of Article 119 (1) 2, they shall submit the Commissioner of the Military Manpower Administration via the heads of law schools an application for a judicial official candidate not later than Feb. 29, 2012 notwithstanding the former part of paragraph (2) of the same Article. Article 8 (Transitional Measures concerning Excluding Subject to Enrollment on Second Citizen Service for Persons, etc. not Graduating from Middle School)
Before this Decree enters into force, in cases where persons who have been transferred to the second citizen service pursuant to the previous Article 136 (1) 2 (g) and were born not later than Dec. 31, 1992, notwithstanding the former provision of Article 136 (1) 2 (g), the former provision shall be applied.
ADDENDUM<Presidential Decree No. 23419, Dec. 28, 2011>
This Decree shall enter into force on January 1, 2012.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23620, Feb. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23795, May 22, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23892, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of other Act and Subordinate Statute)
The Regulations on the Promotion and Appointment of Officers Enlisted for Reserve Service are hereby repealed.
Article 3 (Transitional Measures concerning Reserve Service having been Promoted or Appointed to Officers)
A person enlisted for reserve service who has been promoted or appointed to officers enlisted for reserve service in accordance with the previous Regulations on the Promotion and Appointment of Officers Enlisted for Reserve Service as at the time this Decree enters into forceshall be deemed promoted or appointed to officers enlisted for reserve service under this Decree.
ADDENDA <Presidential Decree No. 24018, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 24102, Sep. 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 16, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24105, Sep. 19, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
[Attached Table 1] <Amended by Presidential Decree No. 22752, Mar. 29, 2011>
Composition, Appointers, Duties of Persons Engaged in Draft Physical Examination (Related to Article 12 (1))
Remarks
| 1. | Senior military surgeons or military surgeons are seconded by the Minister of National Defense and thereafter appointed by the Commissioner of Military Manpower Administration. |
| 2. | The Commissioner of Military Manpower Administration may operate by adjusting the number of persons engaged in the draft physical examination in cases where it is deemed to necessary for performing the tasks of draft physical examination effectively. |
