CHAPTER I GENERAL PROVISIONS
CHAPTER II ASSIGNMENT TO ALTERNATIVE SERVICE
| Article 2 (Procedures for Assignment to Alternative Service) |
| (1) | A person who intends to apply for assignment (hereinafter referred to as "application for assignment") to alternative service under Article 5 (1) 6 of the Military Service Act (hereinafter referred to as "alternative service") pursuant to Article 3 (1) of the Act on Assignment to and Performance of Alternative Service (hereinafter referred to as the "Act") shall submit to the Alternative Service Commission under Article 4 of the Act (hereinafter referred to as the "Commission") an application for assignment prescribed by Ordinance of the Ministry of National Defense (including electronic documents) along with documents prescribed by Ordinance of the Ministry of National Defense (including electronic documents). In such cases, the submission may be made through the directors of regional military manpower offices (including the heads of military manpower branch offices; hereinafter the same shall apply). |
| (2) | Upon receipt of an application for assignment under the latter part of paragraph (1), the director of a regional military manpower office shall, without delay, forward it to the Commission. |
| (3) | In calculating the due date for application for assignment under Article 3 (1) of the Act and the period for decision by the Commission under Article 13 (1) of the Act, the application for assignment shall be deemed filed on the date the written application for assignment under paragraph (1) is submitted to the Commission or the director of the competent regional military manpower office. |
| Article 3 (Request for Supplementation of Application) |
| (1) | Where the application for assignment requires supplementation, the Commission shall, without delay, require the person who has filed an application for assignment (hereinafter referred to as "applicant") to supplement it within a reasonable period: Provided, That the Commission may ex officio supplement minor matters. |
| (2) | If the applicant fails to supplement his application in spite of the request made pursuant to the main clause of paragraph (1), the Commission may once again request him to supplement his application within a specified period not exceeding 10 days. |
| (3) | Where the application for assignment is supplemented under paragraphs (1) and (2), it shall be deemed that the application for assignment has been legitimately filed from the beginning. |
| (4) | The period taken to supplement an application under the main clause of paragraph (1) and under paragraph (2) shall not be included in the period for decision by the Commission under Article 13 (1) of the Act. |
| Article 4 (Withdrawal of Application for Assignment) |
| (1) | An applicant may withdraw his application for assignment before the Commission makes a decision pursuant to Article 13 of the Act. |
| (2) | A person who intends to withdraw an application for assignment under paragraph (1) shall submit a written withdrawal of the application for assignment prescribed by Ordinance of the Ministry of National Defense to the Commission. In such cases, such withdrawal may be submitted through the director of a regional military manpower office. |
| (3) | Upon receipt of a written withdrawal of the application for assignment under the latter part of paragraph (2), the director of a regional military manpower office shall, without delay, forward it to the Commission. |
| (4) | Where an applicant withdraws his application for assignment pursuant to paragraph (1), the reasons for the postponement of the conscription or call-up under Article 3 (3) of the Act (referring to the conscription or call-up defined in Article 2 (1) 1 or 2 of the Military Service Act; hereinafter the same shall apply) shall be deemed to have ceased to exist. |
| Article 5 (Postponement of Conscription or Call-Up Following Application for Assignment) |
| (1) | Upon receipt of applications for assignment, the Commission shall submit a list of applicants indicating whether to postpone the conscription or draft to the director of the competent regional military manpower office (referring to the director of the competent regional military manpower office in charge of administering military register; hereinafter the same shall apply). |
| (2) | Upon receipt of a list of applicants under paragraph (1), the director of the competent regional military manpower office shall postpone the conscription or call-up of the applicants eligible for postponement of conscription or call-up until a decision is made by the Commission under Article 13 (1) of the Act pursuant to Article 3 (3) and (4) of the Act. In such cases, methods for postponement shall be determined by the Commissioner of the Military Manpower Administration. |
| (3) | In any of the following cases, the Commission shall, without delay, submit the list of applicants to the director of the competent regional military manpower office: |
| 2. | Where an applicant withdraws the application under Article 4 (1). |
| (4) | The director of the competent regional military manpower office may constrict or call-up a person who receives a list of applicants pursuant to paragraph (3), as separately prescribed by the Commissioner of the Military Manpower Administration, notwithstanding the order of conscription under Article 15 of the Military Service Act or the order of call-up under Article 28 of that Act. |
| Article 6 (Independence of Commission's Examination) |
| (1) | The Commissioner of the Military Manpower Administration shall take the following measures so that the Commission may independently perform the affairs under its authority: |
| 1. | Essentially separate operation of the secretariat of the Military Manpower Administration and that of the Commission; |
| 2. | Consultation with the Chairperson of the Commission (hereinafter referred to as the "Chairperson") when compiling budgets of the Commission and securing a budget necessary for the activities of the Commission; |
| 3. | Other measures necessary for guaranteeing the independence of the Commission in conducting an examination. |
| (2) | No person, other than a public official of the Commission (including a public official transferred or dispatched to the Commission; hereinafter the same shall apply) who cooperates with a request made under Article 11 (3) of the Act, shall engage in any conduct related to the performance of his or her duties, such as directing, presenting his or her opinion to, or consulting with, such public official. |
| (3) | The head of a State agency shall not place a public official of the Commission at a disadvantage in terms of personnel management on any ground related to the performance of his or her duties. |
| Article 7 (Recommendation of Commission Members) |
| (1) | A recommendation agency referred to in the subparagraphs of Article 5 (3) of the Act (hereinafter referred to as "recommending agency") shall ensure that recommendation reflect a balanced representation of persons qualified under the subparagraphs of paragraph (2) of that Article and, if necessary, may consult with the Minister of National Defense thereon,. |
| (2) | A recommending agency may, if necessary, request a relevant organization, etc. to submit data in order to recommend its members. |
| (3) | When a recommending agency recommends a member, it shall submit a recommendation accompanied by the documents prescribed by Ordinance of the Ministry of National Defense to the Minister of National Defense. |
| Article 8 (Application of the Regulations on the Personnel Management of the Senior Executive Service to Appointment of Chairperson and Full-Time Members) |
| Article 9 (Duties of Chairperson and Non-Disclosure of Meetings) |
| (1) | The Chairperson shall convene meetings of the Commission and preside over such meetings. |
| (2) | Where the Chairperson intends to convene meetings of the Commission, he or she shall notify each member of the time and venue of, and agenda items at the meeting at least seven days before the date the meeting is to be held: Provided, That this shall not apply in urgent circumstances or where there exists any unavoidable cause. |
| (3) | When the Chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated by the Chairperson in advance shall act on behalf of the Chairperson. |
| (4) | The following matters shall not be disclosed in order to secure the fairness of examination and resolution by the Commission: |
| 1. | Meetings of the Commission; |
| 2. | List of the names of the members who have attended or are scheduled to attend meetings of the Commission; |
| 3. | Documents which contain the content of the statements made by members at meetings of the Commission (including electronic documents); |
| 4. | Other matters deemed likely to impair the fairness of the examination and resolution by the Commission if disclosed. |
| Article 10 (New Commission Following Expiration of Term of Office of Members and Occurrence of Vacancy) |
| (1) | A recommending agency shall recommend a new member not later than 30 days before the expiration of the term of office of a recommended member. |
| (2) | Where a vacancy occurs during the term of office of a member, a recommending agency that has recommended the relevant member shall recommend a new member within 30 days from the date the vacancy occurs. In such cases, the term of a newly appointed or commissioned member shall be counted from the date he or she is appointed or commissioned. |
| Article 11 (Organization and Operation of Preliminary Examination Committee) |
| (1) | The Commission may organize and operate at least one preliminary examination committee under Article 7 (1) of the Act (hereinafter referred to as "preliminary examination committee") whenever occasion may arise, as necessary. |
| (2) | A preliminary examination committee shall be comprised of at least three members of the Commission designated by the Chairperson. |
| (3) | The chairperson of a preliminary examination committee shall be designated by the Chairperson, and Article 9 (1) and (2) shall apply mutatis mutandis to the duties of the chairperson. In such cases, the "Chairperson" shall be construed as the "chairperson of a preliminary examination committee," and the "Commission" as "preliminary examination committee." |
| (4) | A majority of the members of a preliminary examination committee shall constitute a quorum. |
| (5) | The chairperson of a preliminary examination committee shall report the findings of review and deliberation by a preliminary examination committee to the Commission. |
| (6) | Article 9 (4) shall apply mutatis mutandis to non-disclosure of the meetings, etc. of a preliminary examination committee. In such cases, "Commission" shall be construed as "preliminary examination committee," and "examination and resolution" as "preliminary examination." |
| Article 12 (Treatment of Challenge to Commission Members) |
| (1) | An applicant who intends to file a request for challenge pursuant to Article 9 (2) of the Act shall submit a written reason therefor to the Commission. |
| (2) | If requested by the Chairperson, a member to whom a challenge is filed pursuant to Article 9 (2) of the Act (hereinafter referred to as "request for challenge") shall submit to the Chairperson his or her written opinion regarding such challenge without delay. |
| (3) | No appeal may be filed against any decision made by the Commission on a request for challenge. |
| (4) | Where a request for challenge is filed, procedures for examination of and resolution on the relevant agenda item shall be suspended until a decision thereon is made: Provided, That this shall not apply where there is any other reason the Chairperson deems urgent. |
| (5) | The period during which the examination and resolution procedures are suspended pursuant to the main clause of paragraph (4) shall not be counted toward the period for decision by the Commission under Article 13 (1) of the Act. |
| Article 13 (Fact-Finding Investigation) |
| (1) | Where the Commission (including a preliminary examination committee; hereafter in this Article the same shall apply) conducts an investigation under Article 11 (1) of the Act (hereinafter referred to as "fact-finding investigation"), it shall do so into the following matters: |
| 1. | Whether active duty, reserve service, or supplementary service is against the dictates of the applicant's conscience; |
| 2. | Whether the applicant's conscience is expressed in his life in general, such as during years of his growing up and school and social life, and whether his actions and words are aligned with conscience; |
| 3. | Whether the content of the application for assignment and relevant evidentiary documents submitted by the applicant correspond to the statements of his close acquaintances, such as family members and friends; |
| 4. | Other matters necessary to be investigated for examining the application for assignment. |
| (2) | If deemed necessary, the Commission may authorize its members or public officials to conduct a fact-finding investigation. |
| (3) | A member or a public official who has completed the fact-finding investigation under paragraph (2) shall report the results thereof to the Commission without delay. |
| Article 14 (Payment of Allowances) |
| (1) | The Commission (including a preliminary examination committee; hereafter in this Article the same shall apply) may pay allowances and travel expenses to the members who attend meetings of the Commission or consider agenda items (excluding full-time members) within the budget. |
| (2) | The Commission may pay travel expenses, etc. to an applicant, a witness, a person for reference, etc. (hereinafter referred to as "applicant, etc.") who makes an appearance at the request of the Commission pursuant to Article 11 (2) and (3) of the Act within the budget. |
| Article 15 (Notification of Examination Date) |
| (1) | The Commission (including a preliminary examination committee; hereafter in this Article the same shall apply) shall notify the applicant, etc. of the date, time, and place of the examination seven days prior to the date of examination. |
| (2) | The date of examination under paragraph (1) may be re-determined if requested by the applicant, and where the date and time of examination is changed, the Commission shall notify the applicant, etc. of the changed date and time and grounds for change without delay. |
| (3) | Where the Commission extends the period for decision under the proviso of Article 13 (1) of the Act, the Commission shall, without delay, notify the applicant of the period of and the ground for the extension. |
| Article 16 (Detailed Operational Rules of the Commission) |
Except as provided in this Decree, matters necessary for the composition and operation of the Commission (including a preliminary examination committee) shall be determined by the Chairperson following resolution by the Commission.
| Article 17 (Notification of Results of Assignment to Alternative Service) |
The Commission shall, without delay, notify the Commissioner of the Military Manpower Administration of a list of persons assigned to alternative service under Article 15 of the Act.
CHAPTER III PERFORMANCE OF ALTERNATIVE SERVICE
| Article 18 (Alternative Service Agencies) |
"Alternative service agency prescribed by Presidential Decree, such as a correctional facility" in Article 16 (1) of the Act means the following: | 1. | Correctional institutions; |
| 3. | Branches of correctional institutions and detention centers. |
| Article 19 (Alternative Service) |
The alternative service (hereinafter referred to as "alternative service") under Article 16 (1) of the Act shall be as follows: | 1. | Assistance with meal services, goods, health and sanitation, correction, rehabilitation, and facility management; |
| 2. | Other business affairs deemed necessary by the head of a central administrative agency (hereinafter referred to as "head of the competent central administrative agency") having jurisdiction over alternative service agencies under Article 18 (hereinafter referred to as "alternative service agency"). |
| Article 20 (Decision to Call-Up Alternative Service Personnel) |
| (1) | The head of the competent central administrative agency shall notify the Minister of National Defense of the required number of alternative service personnel (referring to alternative service personnel under Article 16 (1) of the Act; hereinafter the same shall apply) to be called up for the following year by the end of February each year, pursuant to Article 17 (5) of the Act. |
| (2) | Upon receipt of the notification under paragraph (1), the Minister of National Defense shall decide the number of alternative service personnel to be called up for the following year and notify the head of the competent central administrative agency and the Commissioner of the Military Manpower Administration of the results thereof by April 30 every year. |
| Article 21 (Plan for Call-Up of Alternative Service Personnel) |
| (1) | The head of the competent central administrative agency shall prepare an operation plan for call-up of alternative service personnel for the following year with respect to the number of the personnel to be called up who were notified under Article 20 (2) and forward such plan to the Commissioner of the Military Manpower Administration by September 30 every year. |
| (2) | Upon receipt of the operation plan for call-up of alternative service personnel under paragraph (1), the Commissioner of the Military Manpower Administration shall formulate an execution plan for call-up of alternative service personnel for the following year and forward such plan to the head of the competent central administrative agency by October 31 each year. |
| Article 22 (List-Up of Order of Call-Up to Serve as Alternative Service Personnel) |
The Commissioner of the Military Manpower Administration shall prepare and manage a list of the order of call-up to serve as alternative service personnel (hereinafter referred to as "list of the order of call-up to serve as alternative service personnel") in accordance with the order of persons to be called up to serve as alternative service personnel pursuant to Article 17 (1) of the Act (hereinafter referred to as "persons subject to call-up to serve as alternative service personnel") in consideration of the date of assignment to alternative service, age, etc..
| Article 23 (Call-Up of Alternative Service Personnel) |
| (1) | The Commissioner of the Military Manpower Administration shall call up persons subject to call-up to serve as alternative service personnel according to a list of the order of call-up to serve as alternative service personnel. |
| (2) | Notwithstanding paragraph (1), the Commissioner of the Military Manpower Administration may call up any of the following persons as alternative service personnel without complying with a list of the order of call-up to serve as alternative service personnel: |
| 3. | Other persons the Commissioner of the Military Manpower Administration deems necessary. |
| (3) | Where the Commissioner of the Military Manpower Administration has called up alternative service personnel pursuant to paragraphs (1) and (2), he shall prepare a list of persons subject to call-up to serve as alternative service personnel prescribed by Ordinance of the Ministry of National Defense and forward it to the head of the competent central administrative agency. |
| Article 24 (Service of Notice of Call-up of Alternative Service Personnel) |
| (1) | The director of each regional military manpower office shall serve a notice of call-up of persons subject to call-up to serve as alternative service personnel in person no later than 30 days before the date of call-up: Provided, That the written notice of call-up shall be served at least seven days prior to the scheduled date of call-up upon a person falling under any subparagraph of Article 23 (2). |
| (2) | Notwithstanding paragraph (1), the Commissioner of the Military Manpower Administration may serve a notice of call-up to serve as alternative service personnel by the date preceding the date of call-up to serve as alternative service personnel in accordance with Article 6 (3) of the Military Service Act upon a person who is likely to be exempted from mandatory call-up to serve as alternative service personnel pursuant to Article 71 (1) of that Act. |
| Article 25 (Installation and Operation of Custody and Admission Offices for Alternative Service Personnel) |
| (1) | The Commissioner of the Military Manpower Administration may establish a custody and admission office in consultation with the head of the competent central administrative agency to handle the affairs related to the custody and admission of persons subject to call-up to serve as alternative service personnel. |
| (2) | The Commissioner of the Military Manpower Administration shall dispatch a custody officer who will escort persons subject to call-up to serve as alternative service personnel (hereafter in this Article referred to as "custody officer"), and the head of the competent central administrative agency shall dispatch an admission officer who will admit persons subject to call-up (hereafter in this Article referred to as "admission officer") to a custody and admission office under paragraph (1) or a designated place under Article 17 (3) of the Act. |
| (3) | The custody officer shall escort a person subject to call-up to serve as alternative service personnel according to the list of persons subject to call-up to serve as alternative service personnel under Article 23 (3) to an admission officer, and shall prepare two copies of the custody and admission reports prescribed by Ordinance of the Ministry of National Defense and deliver one of them to an admission officer. |
| Article 26 (Reporting on Postponement of Response to Call-Up) |
| (1) | Persons subject to call-up to serve as alternative service personnel who are unable to comply with the call-up on the date thereof due to an act of God, traffic disruption, delay in the service of notice, or any other unavoidable cause, may postpone their response to the call-up within three days from the date of the call-up. |
| (2) | A person who intends to postpone his response to a call-up pursuant to paragraph (1) shall prepare and submit a written report prescribed by Ordinance of the Ministry of National Defense to the Commissioner of the Military Manpower Administration and comply with the call-up on the date thereof he enters in the report: Provided, That the report may be filed by telephone or other means, etc. where there exists any other unavoidable cause. |
| (3) | The Commissioner of the Military Manpower Administration shall notify the head of the competent central administrative agency of a list of persons who have reported on the postponement of their response to the call-up pursuant to paragraph (2) before an escort or admission under Article 25 (3). |
| (4) | Upon receipt of a list of those who have filed a report on the postponement of response to the call-up under paragraph (3), the head of the competent central administrative agency shall confirm whether they have complied with the call-up on the date thereof stated in the report and notify the Commissioner of the Military Manpower Administration of a list of those who have not complied with the call-up. |
| Article 27 (Placement of Alternative Service Personnel) |
| (1) | The head of the competent central administrative agency shall place alternative service personnel in alternative service agencies in consideration of the demand, etc. for alternative service personnel, and the detailed standards for placement thereof shall be determined by the head of the competent central administrative agency. |
| (2) | The head of the competent central administrative agency may change the alternative service agency in which alternative service personnel serve, if deemed necessary. |
| Article 28 (Service Period of Alternative Service Personnel) |
| (2) | The number of days excluded from the service period of alternative service personnel provided in Article 18 (2) of the Act shall be classed as follows: |
| 1. | The number of days during which the sentence is executed: The number of days during which the sentence is executed according to a final and conclusive judgment; |
| 2. | The number of days during which he deserts his post: The number of days from the date of the desertion to the date before voluntary surrender or arrest. |
| (3) | Where any cause for not including any number of days in the service period of alternative service personnel occurs pursuant to Article 18 (2) of the Act, the head of the competent central administrative agency shall notify the Commissioner of the Military Manpower Administration of such fact within 14 days from the date of such cause occurs, pursuant to Article 18 (2) of the Act. |
| Article 29 (Discharge from Service as Alternative Service Personnel) |
| (1) | The head of the competent central administrative agency shall forward a list of persons whose service period expires and the record of performance of alternative service referred to in Article 36 (1) to the Commissioner of the Military Manpower Administration no later than the 10th of the month preceding the month in which their service period expires. |
| (2) | The Commissioner of the Military Manpower Administration shall specify the date of discharge from service on the first day of the month in which the discharge of alternative service personnel from service takes effect, and accordingly discharge the relevant person from service, and forward documents indicating such discharge and the certificate of military service which records and organizes the fact of such discharge, to the head of the competent central administrative agency, and have the certificate of military service forwarded to the relevant person on the date of the discharge. |
| Article 30 (Education for Alternative Service Personnel) |
| (1) | The head of the competent central administrative agency shall conduct education under the subparagraphs of Article 20 of the Act at least once. In such cases, each period of education shall not exceed 30 days. |
| (2) | Details necessary for the management of academic affairs and procedures for education under paragraph (1) shall be determined by head of the competent central administrative agency. |
| Article 31 (Service of Alternative Service Personnel) |
| (1) | The head of the competent central administrative agency shall establish service rules necessary for alternative service personnel to perform alternative service. |
| (2) | Alternative service personnel shall observe the service rules referred to in paragraph (1) and perform their duties in good faith. |
| (3) | The head of the competent central administrative agency shall determine the standards for uniforms, name tags, caps, etc. of alternative service personnel, and shall require them to wear or don them at the expense of the agency. <Amended on Jan. 5, 2021> |
| Article 32 (Leave of Absence of Alternative Service Personnel) |
| (1) | The head of an alternative service agency may grant a leave of absence to alternative service personnel as follows: |
| 1. | Regular leave: Within 48 days in total during the service period; |
| (a) | Where medical care is required for a disease or injury other than official duties: Not more than 60 days a year; |
| (b) | Where one of the alternative service personnel has to care for his lineal family member with a disease or physical or mental disorder: Not more than 30 days a year; |
| (c) | Where he is to marry: Not more than five days; |
| (d) | Where his spouse dies, or his or his spouse's parent dies: Not more than five days; |
| (e) | Where his lineal descendant dies, or his or his spouse's grandparent or maternal grandparent dies: Not more than three days; |
| (f) | Where his or his spouse's sibling dies: one day; |
| (g) | Where his spouse gives birth: Not more than 10 days; |
| 3. | Official Leave: The number of days required in any of the following cases: |
| (a) | Where he is summoned to the National Assembly, court of law, public prosecutors' office, or other State agency; |
| (b) | Where he seeks to participate in voting in accordance with statutes; |
| (c) | Where he is unable to perform his duties due to a disease or injury incurred in the line of duty; |
| (d) | Where he intends to participate in a national event, such as the Olympic Games and national sports events; |
| (a) | Where he is acknowledged as an exemplary worker by virtue of his excellent merit: Not more than five days a year; |
| (b) | Where he is officially commended for good conduct, etc.: Not more than five days a year; |
| (2) | Where the head of an alternative service agency grants a regular leave of absence under paragraph (1) 1, he shall pay travel expenses incurred in connection therewith as prescribed by the head of the competent central administrative agency. |
| (3) | The head of the competent central administrative agency shall determine the procedures for granting a leave of absence to alternative service personnel and their outing, overnight lodging, or visitation. |
| Article 33 (Remuneration of Alternative Service Personnel) |
| (1) | The head of an alternative service agency shall pay alternative service personnel remuneration equivalent to the salary of active duty servicemen from the date they are called up, in accordance with the following standards: |
| 1. | From the month of call-up to the fourth month: Remuneration of a private; |
| 2. | From the fifth month from call-up to the 16th month: Remuneration of a private first class; |
| 3. | From the 17th month from call-up to the 28th month: Remuneration of a corporal; |
| 4. | From the 29th month from call-up and thereafter: Remuneration of a sergeant. |
| (2) | The head of an alternative service agency shall pay alternative service personnel actual expenses, including necessary travel expenses incurred in performing alternative service and shall provide them with room and board and daily necessities. |
| Article 34 (Handling Grievances of Alternative Service Personnel) |
| (1) | Each member of alternative service personnel may request consultations on their personal affairs or review of their grievances from the head of an alternative service agency, as prescribed by Ordinance of the Ministry of National Defense, and shall not be subject to any unfavorable disposition or treatment on account of such request. |
| (2) | Upon receipt of a request under paragraph (1), the head of an alternative service agency shall handle grievances fairly by complying with due process in reviewing grievances or by providing consultation. |
| (3) | The review of grievances prescribed in paragraph (2) shall be conducted within 30 days from the date a request is received: Provided, That a period for reviewing grievances may be extended by up to 30 days where there exists any unavoidable cause. |
| (4) | Where the head of an alternative service agency extends the period of handling a grievance pursuant to the proviso of paragraph (3), he shall inform the person who has filed a request for the handling of grievances of the ground therefor. |
| Article 35 (Management and Supervision of Service by Head of Competent Central Administrative Agency) |
| (1) | The head of the competent central administrative agency shall command and supervise the overall service of alternative service personnel pursuant to Article 22 (1) of the Act: |
| 1. | Matters concerning activities for preventing poor service through inspections of status of their service in the field, corrective measures, guidance, etc.; |
| 2. | Matters concerning protection of rights through counselling, handling grievances, etc.; |
| 3. | Other matters deemed necessary by the head of the competent central administrative agency with respect to service. |
| (2) | The head of the competent central administrative agency shall prepare the results of the command and supervision pursuant to paragraph (1) 1 as of the last day of each half year and notify the Commissioner of the Military Manpower Administration of the results by the end of the following month, as prescribed by Ordinance of the Ministry of National Defense. |
| Article 36 (Management and Supervision of Service by Heads of Alternative Service Agencies) |
| (1) | The head of an alternative service agency shall prepare and manage a list of alternative service personnel and a record of performance of alternative service, as prescribed by Ordinance of the Ministry of National Defense. |
| (2) | A record of performance of alternative service referred to in paragraph (1) (hereinafter referred to as "record of performance of alternative service") shall include the following: |
| 2. | Changes in the field of alternative service, form of service, department, and working hours; |
| 4. | Basic education and on-the-job education; |
| 5. | Other matters related to service. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for a list of alternative service personnel and a record of performance of alternative service, etc. shall be determined by the Commissioner of the Military Manpower Administration. |
| Article 37 (Warning to Violators of Obligation of Service) |
| (1) | "Where he falls under any ground prescribed by Presidential Decree, such as failing or delaying to perform the duties of alternative service without good cause" in Article 24 (2) 5 of the Act means any of the following cases: |
| 1. | Where he fails or delays the performance of alternative service without good cause; |
| 2. | Where he arrives late at work without good cause; |
| 3. | Where he leaves or deserts his workplace without permission; |
| 4. | Where he consumes alcohol or commits acts injurious to public morals during daily hours; |
| 5. | Where he commits other acts in violation of the service rules under Article 31 (1). |
| (2) | Each alternative service agency shall have an alternative service steering committee to deliberate on matters necessary for the operation of alternative service, such as warnings issued pursuant to the main clause, with the exception of the subparagraphs, of Article 24 (2) of the Act. |
| (3) | Matters necessary for the functions, composition, operation, etc. of an alternative service steering committee under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration. |
| Article 38 (Application for Cancellation of Assignment to Alternative Service) |
| (1) | Where a person assigned to alternative service desires to have his assignment cancelled pursuant to Article 25 (1) 7 of the Act, he shall submit an application for cancellation of assignment to alternative service prescribed by Ordinance of the Ministry of National Defense to the Commissioner of the Military Manpower Administration. In such cases, persons currently in service after having been called up to serve as alternative service personnel shall submit an application to the head of an alternative service agency. |
| (2) | Upon receipt of an application for cancellation of assignment to alternative service pursuant to the latter part of paragraph (1), the head of an alternative service agency shall, without delay, forward the application to the Commissioner of the Military Manpower Administration through the head of the competent central administrative agency. |
| Article 39 (Cancellation of Assignment to Alternative Service) |
| (1) | Upon cancelling assignment to alternative service pursuant to Article 25 (1) of the Act, the Commissioner of the Military Manpower Administration shall notify the head of the competent central administrative agency and the director of the competent regional military manpower office of such fact and the service period calculated in accordance with the classifications under the subparagraphs of paragraph (3). |
| (2) | Upon receipt of notification under paragraph (1), the head of the competent central administrative agency shall forward the record of performance of a member of the relevant alternative service personnel to the director of the competent regional military manpower office. |
| (3) | The service period of persons who enlists in active duty service or is called to social service under Article 25 (3) of the Act shall be calculated according to the following classifications, but numbers below the decimal point shall not be counted: |
| 1. | A person who shall enlist in active duty service: |
Previous mandatory service period - the number of days in service / previous mandatory service period x mandatory service period of active duty servicemen
| 2. | A person who shall be called to serve as social service personnel. |
Previous mandatory service period - the number of days in service / previous mandatory service period x mandatory service period of social service personnel
| Article 40 (Implementation of Service Alternative to Reserve Forces) |
| (1) | The service alternative to reserve forces under Article 26 (1) of the Act (hereinafter referred to as "service alternative to reserve forces") shall be conducted for not more than 160 hours a year according to the number of years in service. |
| (2) | No call-up of a service alternative to reserve forces shall be permitted during the period of an election of public officials, which is directly elected by citizens pursuant to statutes. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary to provide service alternative to reserve forces, such as the period of call-up by number of years in service, shall be determined by the Commissioner of the Military Manpower Administration. |
| Article 41 (Plan for Call-up to Service Alternative to Reserve Forces) |
| (1) | The Commissioner of the Military Manpower Administration shall notify the head of the competent central administrative agency of the number of persons to be called up to service alternative to reserve forces for the following year by April 30 each year. |
| (2) | Article 21 shall apply mutatis mutandis to the formulation of an operation plan for call-up to service alternative to reserve forces and an execution plan. In such cases, "the number of the personnel to be called up who were notified under Article 20 (2)" shall be construed as "the number of persons to be called up to service alternative to reserve forces notified pursuant to Article 41 (1), and "alternative service personnel" as "service alternative to reserve forces," respectively. |
| Article 42 (Call-Up to Service Alternative to Reserve Forces) |
| (1) | The Commissioner of the Military Manpower Administration shall decide the order of call-up of persons to service alternative to reserve forces in accordance with Article 26 (1) of the Act in consideration of the time alternative service personnel complete their service, age, etc., and shall call them up in accordance with their order. |
| (2) | Notwithstanding paragraph (1), the Commissioner of the Military Manpower Administration may call up any of the following persons separately from the order of call-up under paragraph (1): |
| 2. | Other persons the Commissioner of the Military Manpower Administration deems necessary. |
| (3) | When the Commissioner of the Military Manpower Administration has called up service alternative to reserve forces pursuant to paragraphs (1) and (2), he shall prepare a list of persons to subject to call-up to service alternative to reserve forces prescribed by Ordinance of the Ministry of National Defense and forward the list to the head of an alternative service agency. |
| Article 43 (Service of Notice of Call-Up to Service Alternative to Reserve Forces) |
When the director of a regional military manpower office intends to call up persons to service alternative to reserve forces, he shall serve a notice of call-up to service alternative to reserve forces upon persons subject to call-up to service alternative to reserve forces at least 30 days before the date of call-up: Provided, That the notice shall be served at least seven days prior to the scheduled date for call-up upon a person who falls under any subparagraph of Article 42 (2).
| Article 44 (Suspension of Call-Up to Service Alternative to Reserve Forces) |
| (1) | The Commissioner of the Military Manpower Administration may partially or wholly suspend the call-up to service alternative to reserve forces of any of the following persons: |
| 1. | A person who is traveling or sojourning in a foreign country; |
| 2. | A crew member of a ship navigating to or from a foreign country; |
| 3. | A pilot or crew member of aircraft; |
| 4. | A police officer, a correctional officer, or a firefighter; |
| 5. | A public official in charge of navigational aids (only applicable to a public official in charge of maintenance of navigational aids, and a public official serving at a light- house or on a ship for navigational aids); |
| 6. | An aircraft mechanic, an air traffic controller, or a person serving at an aeronautical radio beacon; |
| 7. | A radio operator and a mechanic serving at a coastal radio station; |
| 8. | A railroad worker (an engineer, a traffic and equipment manager, a facility manager, and an electricity staff); |
| 9. | A subway worker (a certified engineer of a boarding office, a railway track repair clerk of a facility office, and a railroad worker of a railroad engineering office); |
| 10. | A public official in charge of foreign affairs in the Ministry of Foreign Affairs; |
| 11. | Personnel aboard a fisheries supervision vessel; |
| 13. | Other persons determined by Commissioner of the Military Manpower Administration. |
| (2) | A person who intends to have the call-up to service alternative to reserve forces suspended under paragraph (1) shall submit an application for suspension to the Commissioner of the Military Manpower Administration, as prescribed by Ordinance of the Ministry of National Defense: Provided, That where the person himself is unable to submit a written application for suspension, he may have the head of his household or any of his family members who is an adult or his employer submit said application. |
| (3) | A person who has filed an application for suspension pursuant to paragraph (2) shall, if the cause for suspension ceases to exist due to dismissal, retirement, removal, etc., report such fact to the Commissioner of the Military Manpower Administration within 14 days from such date, as prescribed by Ordinance of the Ministry of National Defense. |
| (4) | Except as provided in paragraphs (1) through (3), procedures for suspension of call-up to service alternative to reserve forces and other necessary matters shall be prescribed by the Commissioner of the Military Manpower Administration. |
| Article 45 (Establishment and Operation of Custody and Admission Offices for Call-Up to Service Alternative to Reserve Forces) |
Article 25 shall apply mutatis mutandis to the handling of the affairs regarding the custody and admission of persons to be called up for service alternative to reserve forces. In such cases, "persons subject to call-up to serve as alternative service personnel" shall be construed as "persons subject to call-up to service alternative to reserve forces"; "designated place under Article 17 (3) of the Act" as "designated place under Article 26 (3) of the Act;" and "list of persons subject to call-up to serve as alternative service personnel under Article 23 (3) of the Act" as "list of persons subject to call-up to service alternative to reserve forces under Article 42 (3)," respectively.
| Article 46 (Service of Persons Called up to Service Alternative to Reserve Forces) |
| (1) | A person who has been called up to service alternative to reserve forces shall perform service equivalent to that provided by alternative service personnel. |
| (2) | Article 31 (3) shall apply mutatis mutandis to the uniforms of persons called up to service alternative to reserve forces. In such cases, "alternative service personnel" shall be construed as "person called up for service alternative to reserve forces." |
| (3) | Article 11 of the Reserve Forces Act shall apply mutatis mutandis to cases where the heads of alternative service agencies provide meals and other actual expenses to persons called up for service alternative to reserve forces. In such cases, "the commander of the reserve forces and members of reserve forces mobilized or mustered for drill" shall be construed as "persons called up for service alternative to reserve forces." |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for persons called up for service alternative to reserve forces shall be determined by the head of the competent central administrative agency. |
| Article 47 (Discharge from Service Alternative to Reserve Forces) |
| (1) | Where persons called up for service alternative to reserve forces and are currently in service fall under any of the following subparagraphs, the head of an alternative service agency shall discharge them from service alternative to reserve forces: |
| (2) | Where the head of an alternative service agency has issued a discharge from service alternative to reserve forces pursuant to paragraph (1), he shall send the results of the call-up to the Commissioner of the Military Manpower Administration within seven days from the date of discharge, as prescribed by Ordinance of the Ministry of National Defense. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 48 (Management of Sensitive Information and Personally Identifiable Information) |
| (2) | Where unavoidable to perform affairs regarding the management and supervision of performance under Articles 35 and 36, the head of the competent central administrative agency and the head of an alternative service agency may manage the data referred to in paragraph (1). |
| (4) | Where unavoidable to perform the affairs relating to the composition of the Commission, a recommending agency may manage the information on ideology and belief under Article 23 of the Personal Information Protection Act, information pertinent to the criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing the resident registration numbers under Article 19 of that Enforcement Decree: |
| Article 49 (Return of Application Documents for Assignment) |
Where an application for assignment is withdrawn or the application for return of a document submitted in filing an application for assignment is received after resolution by the Commission, the Commission shall prepare and keep a copy of the document submitted by the applicant and return the original.
ADDENDA <Presidential Decree No. 30807, Jun. 30, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Articles 2 through 5 shall enter into force on June 30, 2020. Article 3 of the Act on Assignment to and Performance of Alternative Service (Act No. 16851) shall enter into force on June 30, 2020. Article 3 (Special Cases concerning Determination of Number of Persons to Be Called up to Serve as Alternative Service Personnel and Plans for Call-Up)
Notwithstanding Articles 20 and 21, the Minister of National Defense may set separate deadlines for notifying the required number of alternative service personnel to be called up for the years 2020 and 2021, notifying the number of persons to be called up, and sending an operation plan and an execution plan for call-up. Article 4 (Special Cases concerning Plans for Call-Up to Service Alternative to Reserve Forces)
Notwithstanding Article 41, the Minister of National Defense may set separate deadlines for notifying the number of persons called up to service alternative to reserve forces for the years 2020 and 2021 and sending an operation plan and an execution plan for call-up. Article 5 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)