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STATUTES

THE REPUBLIC OF KOREA

Volume

MILITARY SERVICE ACT

Wholly Amended by Act No. 4685, Dec. 31, 1993

Amended by Act No. 4840, Dec. 31, 1994

Act No. 5153, Aug. 8, 1996

Act No. 5161, Aug. 16, 1996

Act No. 5271, Jan. 13, 1997

Act No. 5454, Dec. 13, 1997

Act No. 5757, Feb. 5, 1999

Act No. 5758, Feb. 5, 1999

Act No. 6058, Dec. 28, 1999

Act No. 6287, Dec. 26, 2000

Act No. 6290, Dec. 26, 2000

Act No. 6502, Aug. 14, 2001

Act No. 6547, Dec. 29, 2001

Act No. 6749, Dec. 5, 2002

Act No. 6809, Dec. 26, 2002

Act No. 6972, Sep. 3, 2003

Act No. 6997, Dec. 11, 2003

Act No. 7186, Mar. 11, 2004

Act No. 7272, Dec. 31, 2004

Act No. 7430, Mar. 31, 2005

Act No. 7541, May. 31, 2005

Act No. 7845, Jan. 2, 2006

CHAPTER I GENERAL PROVISIONS

Addenda

Article 1 (Purpose)

The purpose of this Act is to prescribe matters concerning the military service of nationals of the Republic of Korea.

Article 2 (Definitions)

(1) For the purpose of this Act, <Amended by Act No. 4840, Dec. 31, 1994; Act No. 5271, Jan. 13, 1997; Act Nos. 5757 & 5758, Feb. 5, 1999; Act Nos. 6287 & 6290, Dec. 26, 2000; Act No. 6502, Aug. 14, 2001>

1. the term "conscription" means that the State imposes a duty to perform active service on a person under obligation to serve in the military;

2. the term "call-up" means that the State imposes a duty to fulfill any military service or to serve in any public interest field, other than the active service, on a person among those under obligation to serve in the military, who is in the reserve, recruit or second militia service;

3. the term "enlistment in the army" means that a person under obligation to serve in the military enters the military unit by conscription, call-up or application;

4. the term "military cadet" means a cadet, cadet officer, warrant cadet officer, or assistant cadet officer, in active service; or a cadet officer or assistant cadet officer, in the first

Article 1 ~ 2

militia service;

5. the term "employer" means the head of a public or private enterprise or organization which employs those under obligation to serve in the military, and to which the Labor Standards Act applies;

6. Deleted; <by Act No. 6547, Dec. 29, 2001>

7. the term "secondment" means that the status as a military serviceman of a person who is in active service is converted into another status, so as to be engaged in service as a member of a guard or warder of a correctional institution, a riot police unit, or an obligatory fire-fighting unit;

8. the term "full time reserve service" means a person who was enlisted in active service by conscription and who is called up and performs an actual service, to support the defense of his homeland and affairs related to it, after having performed active service for a specified period and then transferred to reserve service;

9. the term "public interest service personnel" means persons who are called up to serve public interest to support the services of guard, surveillance, protection, attendance, or administrative work and to promote art and sports or international cooperation, which are all necessary for state organs, local governments, public organizations and social welfare facilities installed under the provisions of

Article 2

Article 34 of the Social Welfare Services Act (hereinafter referred to as the "social welfare facilities") to carry out their public objectives;

10. the term "public health doctor" means a person who is qualified as a doctor, dentist or herbal doctor and is engaged in public health service under the conditions as prescribed by the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc.;

11. the term "international cooperation doctor" means a person who is qualified as a doctor, dentist, or herbal doctor and is engaged in international cooperation service under the conditions as prescribed by the International Cooperation Personnel Act;

11-2. the term "public-service advocate" means a person who is qualified as an attorney-at-law and is engaged in legal aid affairs or legal affairs necessary for carrying out any affairs of the State and local governments which have public objectives, under the conditions as prescribed by the Public-Service Advocates Act;

11-3. the term "doctor in exclusive charge of draft physical" (hereinafter referred to as the "doctor in exclusive charge of draft physical") means a person who is qualified as a doctor or dentist and is assigned to engage exclusively in the draft physical in the military under Article 34;

Article 2

12. the term "technical research personnel" means a person who is assigned as a technical research personnel under Article 36 to carry out research on learning and technology, and is engaged in any research affairs in the technical field concerned;

13. the term "skilled industrial personnel" means a person who is assigned as skilled industrial personnel under Article 36 to foster and support the industry, and is engaged in technical and skilled fields concerned with that industry;

14. the term "designated enterprise" means any research institution, key industrial enterprise, defense industrial enterprise, agricultural corporation as referred to in Article 16 of the Framework Act on Agriculture and Rural Community (hereinafter referred to as the "agricultural corporation") and after-sale service enterprises for agricultural machines as referred to in Article 11 (2) of the Agricultural Mechanization Promotion Act (hereinafter referred to as the "after-sale service enterprise"); and

15. the term "public organizations" means corporations or bodies established by Acts and prescribed by the Presidential Decree to carry out public objectives.

(2) In cases where this Act prescribes the starting period of the military service in age, the term "from 00 years of age" means "from

Article 2

the 1st of January in the year in which he attains that age", and the term "to 00 years of age" means "until the 31st of December in the year in which he attains that age".

Article 3 (Duties of Military Service)

(1) Any man who is a national of the Republic of Korea, shall perform faithfully military service under the conditions as prescribed by the Constitution of the Republic of Korea and this Act. Any woman may perform only active service by application.

(2) Except as provided by this Act, no special exception to the military service may be prescribed.

(3) No person who is under obligation to serve in the military but is sentenced to imprisonment or imprisonment without prison labor for six or more years, may perform military service, and his name shall be removed from the military register.

Article 4 (Relationship with Military Personnel Management Act)

Except as provided by this Act, the Military Personnel Management Act shall be applied to the service, etc. of those who are enlisted in the army by conscription, call-up or application.

Article 5 (Categories of Military Service)

(1) The military service shall be classified into active, reserve, recruit, the

Article 3 ~ 5

first militia and second militia services as follows: <Amended by Act No. 4840, Dec. 31, 1994; Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999; Act No. 6290, Dec. 26, 2000>

1. Active service: service rendered by men enlisted in the army by conscription or application, and by officers, warrant officers, assistant officers, and military cadets appointed to active service under this Act or the Military Personnel Management Act;

2. Reserve service: service rendered by those who have completed active service, and others who are transferred to reserve service under this Act;

3. Recruit service: service rendered by those who are judged capable of being in active service as a result of the draft physical, but not determined as those to be enlisted in active service due to the circumstances of the supply and demand of the armed forces, and by those who are in service or compulsory service as public interest service personnel, public health doctors, the doctors in exclusive charge of draft physical, international cooperation doctors, public-service advocates, technical research personnel or skilled industrial personnel, or have completed such service or compulsory service, and by those transferred to recruit service under this Act;

4. First militia service: service rendered by those who are under obligation to serve in the military, but are not in the active,

Article 5

reser recruit or second militia service; and

5. Second militia service: service rendered by those who are judged incapable of being in the active or recruit service as a result of the draft physical or the physical examination, but determined capable of military support affairs through a call-up for wartime labor, and by those transferred to the second militia service under this Act.

(2) Those who are transferred to the reserve service, shall be classified into officers, warrant officers, assistant officers, or enlisted men in the reserve service; those transferred to recruit service, into officers, warrant officers, assistant officers, or enlisted men in the recruit service; and those transferred to the second militia service, into assistant officers or enlisted men in the second militia service. <Amended by Act No. 4840, Dec. 31, 1994; Act No. 6290, Dec. 26, 2000>

(3) Any person who is under obligation to serve in the military, shall be recorded in the military register of the military service concerned, and matters necessary for the management of such military register shall be determined by the Presidential Decree.

Article 6 (Service of Notice on Imposition of Military Service)

(1) Notice of imposition of military service shall be served to persons under obligation to serve in the military.

Article 6

(2) In the case where a person under obligation to serve in the military is absent, the notice as referred to in paragraph (1) shall be served on the head of the household, adult member of his family, his employer, or a notice receiver selected by him, and the person who has received it shall deliver it without delay to the person under obligation to serve in the military. In such case, the notice of imposition of the military service shall be considered to have been served on the person under obligation to serve in the military when it has been served on the person as referred to in the former part of this paragraph.

(3) With respect to the delivery of the notice imposing the military service under paragraph (1) or (2), any notice that is deemed especially necessary by the Commissioner of the Military Manpower Administration and any returned notice may be delivered through special delivery methods in accordance with postal Acts and subordinate statues by applying mutatis mutandis to the provisions governing the delivery thereof in the Civil Procedure Act. <Newly Inserted by Act No. 6749, Dec. 5, 2002>

Article 7 (Certificate of Military Service and Certificate of Discharge from Military Service)

(1) The director of the regional military manpower office having jurisdiction over the residence (hereinafter referred to as the "director of the regional military manpower office") shall deliver a certificate of military service to a person who is under

Article 7

obligation to serve in the military and who has undergone the draft physical, and the commanding officer of the military unit having a control over him shall deliver him a certificate of discharge from military service when he is discharged. <Amended by Act No. 6058, Dec. 28, 1999>

(2) Any person who is under obligation to serve in the military, shall carry with himself the certificate of military service or the certificate of discharge from military service.

(3) The time and procedure of delivery of the certificate of military service or the certificate of discharge from military service, and other necessary matters shall be determined by the Presidential Decree.

CHAPTER II ENLISTMENT IN FIRST MILITIA SERVICE

Article 8 (Enlistment in First Militia Service)

(1) Every man who is a national of the Republic of Korea shall be enlisted into the first militia service when he attains eighteen years of age.

(2) Deleted. <by Act No. 5757, Feb. 5, 1999>

Article 9 (Survey of Those to be Enlisted in First Militia Service)

Article 8 ~ 9

(1) The Minister of Government Administration and Home Affairs shall furnish every year resident registration electronic data which are necessary to survey men who turn 18 years old and are subject to the conscription in the first militia service to the Commissioner of the Military Manpower Administration. <Amended by Act No. 5757, Feb. 5, 1999>

(2) The Commissioner of the Military Manpower Administration may ask the Minister of Court Administration for the electronic data pertaining to the family registrations of men who turn 18 every year in order to survey men who are not entered in resident registration but are subject to the conscription in the first militia service. <Newly Inserted by Act No. 7272, Dec. 31, 2004>

(3) Matters necessary for the scope and procedures of furnishing the resident registration electronic data under paragraph (1) and survey on persons who are subject to the conscription in the first militia service but not entered in resident registration cards on the grounds they were born abroad shall be prescribed by the Presidential Decree. <Amended by Act No. 5757, Feb. 5, 1999>

(4) Matters necessary for the survey of those enlisted in the first militia service as referred to in paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. <Amended by Act No. 5271, Jan. 13, 1997>

CHAPTER III DRAFT PHYSICAL

Article 9

Article 10 (Survey of Persons Subject to Draft Physical)

(1) The director of the regional military manpower office shall survey every year persons who are liable to undergo the draft physical under Article 11 in the following year, compile the computerized military register files and get them to undergo the draft physical. The same shall apply to persons who are obliged to undergo the draft physical notwithstanding indisputable errors in their resident registration or alterations in their resident registration cards. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 7272, Dec. 31, 2004>

(2) Matters necessary to survey the persons obliged to undergo the draft physical and to compile and manage the computerized military register files under paragraph (1) shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 7272, Dec. 31, 2004>

Article 11 (Draft Physical)

(1) Any person under obligation to serve in the military shall undergo the draft physical at the time and place designated by the director of the regional military manpower office concerned in the year when he turns 19 years old to determine whether he is fit for the military service: Provided, That in consideration of the manpower demand in the military and the supply and demand of draftee resources for the military service, some of the 19-year-old persons may be permitted to undergo the draft physical when they turn 20 years old. <Amended by Act

Article 10 ~ 11

No. 5757, Feb. 5, 1999; No. 6287, Dec. 26, 2000>

(2) In case a person who is required to undergo the draft physical fails to do so or a person who had the draft physical postponed no more falls within the cause of the postponement of the draft physical, he shall undergo the draft physical in the year or the following year.

(3) In case the draft physical is required, a psychiatric test, etc. may be taken in addition to the physical examination if necessary.

(4) In the physical examination referred to in paragraph (3), all regions of the body shall be examined through a surgical test, internal test, etc., and if necessary, a clinical pathology test, radiographing, etc. may be taken. <Amended by Act No. 5757, Feb. 5, 1999>

(5) In the event that any person who has failed to undergo the draft physical undergoes the physical examination for active service volunteers (hereinafter referred to as the "physical examination for active service volunteers"), which is held by the Commissioner of the Military Manpower Administration in accordance with Article 20 (1), he shall be deemed to undergo the draft physical referred to in paragraph (1): Provided, That in the case of any person at the age of 18, the same shall apply only to the case where his physical grade is judged Grade V or VI provided for in Article 12 (1). <Newly Inserted by Act No. 6972, Sep. 3, 2003; Act No. 7272, Dec. 31, 2004>▷

Article 11

Article 12 (Judgment of Physical Grades)

(1) The doctors in exclusive charge of draft physical who have done the physical examination (including the physical examination for active service volunteers) or the military surgeons under Article 12-2 shall judge physical grades according to what falls under each of the following subparagraphs: <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6972, Sep. 3, 2003>

1. Those who are healthy enough to perform the active or recruit service, shall be judged in Grade I, II, III, or IV, according to their physical construction and the degree of their health;

2. Those who are incapable of the active or recruit service, but capable of the second militia service, shall be judged in Grade V;

3. Those who are incapable of military service owing to any disease or mental and physical incompetence, shall be judged in Grade VI; and

4. Those who are unable to be graded according to subparagraphs 1 through 3, owing to any disease or mental and physical incompetence, shall be judged in Grade VII.

(2) A physical grades judgment deliberation committee may be established in the Military Manpower Administration and each regional military

Article 12

manpower office to deliberate the accuracy of physical grade judgments under the provisions of paragraph (1). <Newly Inserted by Act No. 5757, Feb. 5, 1999>

(3) For any person who is judged Grade VII (excluding any person who is aged 18 and has undergone the physical examination for active service volunteers) under paragraph (1) 4, the director of the regional military manpower office shall have him undergo a new physical examination, taking into consideration a period of recuperation. In such cases, the period in which a new physical examination is to be held, may not exceed one year after he is judged in Grade VII as a result of the physical examination. <Amended by Act No. 6972, Sep. 3, 2003; Act No. 7272, Dec. 31, 2004>

(4) The criteria for judging physical grades referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of National Defense.

(5) Matters necessary for the organization and operation of the physical grades judgement deliberation committee under paragraph (2), shall be determined by the Commissioner of the Military Manpower Administration. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

Article 12-2 (Dispatch and Appointments of Military Surgeons, etc.)

(1) The Commissioner of the Military Manpower Administration may, when he deems it difficult to carry out the physical examination only with

Article 12-2

the doctors in exclusive charge of the draft physical, ask the Minister of the National Defense to dispatch or appoint military surgeons and medical reserve officers (referring to persons to whom the provisions of Article 9 of the Addenda of the previous Act No. 4157, Act on the Regulation of Special Cases of Compulsory Military Service, are applied).

(2) Matters necessary to dispatch or appoint the military surgeons and medical reserve officers, etc. referred to in paragraph (1) shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 5757, Feb. 5, 1999]

Article 13 (Classification, Evaluation, etc. of Aptitude)

(1) With respect to those whose physical grades are judged GradesI through IV as a result of the physical examination (including the physical examination for active service volunteers), the director of the regional military manpower office shall classify and evaluate the aptitude required for military service, taking into consideration the qualifications, license, major field of study, etc., and the Chief of General Staff of each armed force shall assign each of them to a branch of service suitable for his aptitude. <Amended by Act No. 6972, Sep. 3, 2003>

(2) Matters necessary for the classification, evaluation, etc. of the aptitude under paragraph (1), shall be determined by the Presidential Decree.

Article 13

Article 14 (Military Service Disposition)

(1) The director of every regional military manpower office shall take the military service disposition falling under each of the following subparagraphs with respect to each of the persons who have undergone the draft physical (including those who have undergone the physical examination at military hospitals) or the physical examination for active service volunteers. In this case, with respect to any person who is aged 18 and undergoes the physical examination for active service volunteers, military service disposition shall be taken on him only when his physical grade is judged Grade V or VI: <Amended by Act No. 6972, Sep. 3, 2003; Act No. 7272, Dec. 31, 2004>

1. Persons whose physical grades are Grades I through IV, shall be assigned to be enlisted in active service, the recruit or the second militia service, taking into consideration his qualifications, such as his academic background, age, etc.;

2. Persons whose physical grade is Grade V, shall be assigned to the second militia service;

3. Persons whose physical grade is in Grade VI, shall be exempted from military service; and

4. Persons whose physical grade is Grade VII, shall undergo a new physical examination.

(2) Any person

Article 14

who was subject to a new physical examination under paragraph (1) 4, but whose physical grade is judged again to be Grade VII as a result of a new physical examination conducted under Article 12 (3), shall be assigned to the second militia service, under the conditions as prescribed by the Presidential Decree: Provided, That any person who falls under the second militia service as referred to in Article 65 (1) 3 may be entered in the second militia service without undergoing a physical examination again. <Amended by Act No. 5271, Jan. 13, 1997; Act No. 6058, Dec. 28, 1999>

(3) The criteria for assigning any person falling under paragraph (1) 1 to be enlisted in the active or recruit service, shall be determined by the Commissioner of the Military Manpower Administration.

(4) In case where it is required by any change in the demand and supply of the military service resources, enlistment plan, etc., the Commissioner of the Military Manpower Administration may change the assignment of a person to be enlisted in active service of those assigned under paragraph (1) 1 into the recruit service.

CHAPTER IV PERFORMANCE OF ACTIVE SERVICE, ETC.

SECTION 1 Enlistment in Active Service

Article 15 (Decisions on Order of Conscription for Active Service)

Article 15

(1) The director of the regional military manpower office shall decide by Si (referring to Si wherein no Gu is established; hereinafter the same shall apply)/Gun/Gu the order of conscription of those who are assigned to be enlisted in active service as a result of the draft physical. <Amended by Act No. 6547, Dec. 29, 2001>

(2) The criteria for deciding the order of conscription under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration such qualifications as physical grades, academic background, age, etc.

Article 16 (Enlistment in Active Service)

(1) The director of the regional military manpower office shall have those whose order of conscription for active services is decided, to enlist in the army in the year they undergo the draft physical, or in the following year, but in determining the time of enlistment, he shall make efforts to maintain a balance of service, aptitude, and qualifications among those to be enlisted in the army.

(2) Notwithstanding the provisions of paragraph (1), the Commissioner of the Military Manpower Administration may have the director of the regional military manpower office enlist separately those who are prescribed by the Presidential Decree, such as those whose enlistment in active service is postponed and the cause

Article 16

thereof expires.

(3) Even though a person who is assigned to be enlisted in active service and whose order in conscription is decided, has moved his residence to another Si/Gun/Gu, he shall enlist in the army at the Si/Gun/Gu where he had his residency at the time he underwent the draft physical: Provided, That this shall not apply to persons whose enlistment in the army is postponed under Article 60 (2).

Article 17 (Physical Examination for Enlistment in Active Service and Disqualifications)

(1) The commanding officer of every military unit shall, when any person to be enlisted in active service is enlisted in his military unit, hold the physical examination on him within 5 days from the date on which he is enlisted in his military unit.

(2) With regard to any person who is pronounced unfit to serve an active service on the grounds of his disease or mental and physical handicap or is recognized to require the treatment period of not less than 15 days as a result of the physical examination held under paragraph (1), the commanding officer of every military unit shall disqualify him from the military service, explicitly indicating the state of his disease or his mental and physical handicap as well as the period of treatment (limited to the case where the period of treatment is known).

(3) With respect

Article 17

o any person who is disqualified from he miliary service under paragraph (2), the director of every regional military manpower office shall alter the military service disposition taken for him or get him again to enlist in any military unit according to his physical grade after holding a new physical examination on him under the conditions as prescribed by the Presidential Decree: with regard to any person who is disqualified from the military service after he is explicitly informed that his period of treatment is less than 3 months, the director of every regional military manpower office may get him again to enlist in any military unit without holding again the physical examination on him.

(4) With respect to any person who is enlisted again in any military unit after undergoing a new physical examination in accordance with the main sentence of paragraph (3), the commanding officer of such military unit shall not disqualify him from the military service on the grounds of the same disease or the same mental and physical handicap: Provided, That the same shall not apply to any person, for whom 6 months lapse from the date on which he undergoes the new physical examination.

[This Article Wholly Amended by Act No. 6972, Sep. 3, 2003]

Article 18 (Active Service)

(1) Those in active service shall serve in military units from the day they are enlisted: Provided, That persons, who obtain permission from the Minister of National Defense, may reside outside military

Article 18

units. <Amended by Act No. 5757, Feb. 5, 1999>

(2) The service period of those in active service (including noncommissioned officers appointed without application; hereinafter the same shall apply), shall be as follows: <Amended by Act No. 6972, Sep. 3, 2003>

1. Two years in case of the Army;

2. Two years and two months in case of the Navy: Provided, That two years in case of the Marine Corps; and

3. Two years and four months in case of the Air Force.

(3) In case where an enlisted man in active service is sentenced to imprisonment or imprisonment without prison labor, or detention, or has been confined to a stockade, or has deserted from his service, the number of days during which the sentence is executed or he is confined to the stockade, or he has deserted from his service, shall not be counted in the active service period. <Amended by Act No. 5271, Jan. 13, 1997>

(4) In case where the service period terminates during a period in which an enlisted man in active service is under restraint due to a criminal case, his discharge from military service may be delayed during the time necessary for disposition of the discharge from military service after he is released due to a disposition not to institute a prosecution or judgement, etc. <Newly

Article 18

Inserted by Act No. 5271, Jan. 13, 1997>

Article 19 (Adjustment of Active Service Period)

(1) The Minister of National Defense may adjust the service period of active service as follows. In this case, with respect to the matters of subparagraphs 1 and 3, the Minister of National Defense shall obtain approval of the President after going through deliberation of the State Council: <Amended by Act No. 6972, Sep. 3, 2003; Act No. 7272, Dec. 31, 2004>

1. The extension of the military service period not exceeding 6 months in cases where a situation corresponding to a wartime or an incident outbreaks, a special disaster area is proclaimed in accordance with Article 60 (1) of the Framework Act on the Management of Disasters and Safety, the military units are required to be additionally created or expanded, or it is difficult to supplement the troop strength on the grounds of the lack of the military service resources;

2. The extension of the service period not exceeding 3 months in case where servicemen are serving aboard ships at sea, are serving abroad or are participating in any major operation or major military exercise; and

3. The shortening of the service period not exceeding 6 months in case where it is necessary to coordinate the fixed number or the service period on the grounds of a decline in the number

Article 19

of persons who sign up for the military service.

(2) In case where the Minister of National Defense desires to extend the service period pursuant to paragraph (1) 2, he shall make the period and causes noticed to the person in question, and where the causes for extension expire, he shall without delay remove the extension of the service period. <Newly Inserted by Act No. 5271, Jan. 13, 1997>

(3) The Minister of National Defense may delegate his authority on the extension and removal of the service period as referred to in paragraph (2), to the Chief of General Staff of each armed force. <Newly Inserted by Act No. 5271, Jan. 13, 1997>

Article 20 (Recruitment for Active Service)

(1) The Commissioner of the Military Manpower Administration or the Chief of General Staff of each armed force may select any person who is at the age of 18 or above and signs up to serve in the military to be in active service in the Army, the Navy or the Air Force after getting him to undergo the physical examination conducted by the Commissioner of the Military Manpower Administration or the Chief of General Staff of each armed force under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6972, Sep. 3, 2003; Act No. 7272, Dec. 31, 2004>

(2) The Commissioner of the Military Manpower Administration or the Chief of General Staff of each armed force shall draft the persons

Article 20

selected for active service as soldiers under paragraph (1) on a fixed date. In this case, when the persons selected for active service want their selections canceled before their enlistment in the army, their selections may be canceled only in the case where reasons prescribed by the Presidential Decree exist. <Amended by Act No. 5757, Feb. 5, 1999>

SECTION 2 Enlistment and Call-up of Those to be Called for Full Time Reserve Service

Article 21 (Those to be Called for Full Time Reserve Service, and Their Selection)

(1) The call to the full time reserve service shall be made to those who were enlisted in the army for full time reserve service by conscription, and have been transferred to the reserve service after completing the active service period as prescribed by the Presidential Decree within a period of one year. <Amended by Act No. 5271, Jan. 13, 1997>

(2) The director of the regional military manpower office shall select by place of residence those to be called for the full time reserve service from among those to be enlisted in the active service by conscription. <Amended by Act No. 5271, Jan. 13, 1997>

(3) The criteria

Article 21

for the selection of those to be clled for full time reserve service under paragraph (2), shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration their qualifications, such as their residency, physical grades, academic backgrounds, ages, etc.

(4) For persons selected to be called for the full time reserve service under paragraph (2), who are unable to serve as a full time reserve service in the area where they are selected, due to change in personal affairs, etc., the director of the regional military manpower office may cancel the selection to be called for the full time reserve service: Provided, That if the persons selected to be called for full time reserve service are enlisted in the active service, the cancellation of such selection shall be made by the Chief of General Staff of each armed force. <Newly Inserted by Act No. 4840, Dec. 31, 1994>

(5) Matters necessary to set requirements and procedures for the cancellation referred to in main sentence of paragraph (4) shall be prescribed by the Commissioner of the Military Manpower Administration: Provided, That in case of the proviso of paragraph (4), such matters shall be prescribed by the Chief of General Staff of each armed force. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

Article 22 (Enlistment and Call-up of Those to be Called for Full Time Reserve Service)

(1) The director

Article 22

of the egional militay manpowe office shall have those to be called for the full time reserve service enlist in the active service according to the requirements of each residence.

(2) The Chief of General Staff of each armed force shall transfer person who were enlisted in the army under paragraph (1), to the reserve service on the day the active service period as prescribed in Article 21 (1) is completed, and call them, at the same time, for the full time reserve service.

Article 23 (Service of Full Time Reserves)

(1) The service period for the persons called for the full time reserve service shall be not more than two year and six months, but the period for active service under Article 21 (1) shall be inserted in the period for full time reserve service. <Amended by Act No. 5757, Feb. 5, 1999>

(2) When persons who are called for the full time reserve service, complete the service period as referred to in paragraph (1), they shall be considered to have completed the period of active service by conscription.

(3) The provisions of this Act or the Military Personnel Management Act concerning the performance of active service, shall apply mutatis mutandis to the performance of full time reserve service.

(4) The Chief of General Staff of each armed force shall dispatch those who are called for the full time reserve service, to any military

Article 23

unit caring out the homeland defense service or its supporting organization, to serve there.

(5) The Minister of National Defense may have those who are called for the full time reserve service, reside outside military units, and provide them with meals, or pay them allowances for the meals, within the limits of budget. <Amended by Act No. 5757, Feb. 5, 1999>

(6) In case where persons who are called for full time reserve service, are sentenced to imprisonment or imprisonment without prison labor, or detention, or have been confined to a stockade, or who desert from their service, the number of days for which the sentence is executed, or the persons are confined to a stockade, or they have deserted from service, shall not be counted in the service period. <Amended by Act No. 5271, Jan. 13, 1997>

(7) The provisions of Article 18 (4) shall apply mutatis mutandis to the full time reserve service. <Newly Inserted by Act No. 5271, Jan. 13, 1997>

(8) Matters related to the service period for the full time reserves under paragraph (1) and their calls and cancellation of the calls, etc. shall be prescribed by the Presidential Decree. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

SECTION 3 Secondment

Article 24 (Secondment by Allotments)

(1) The Minister

Article 24

of Justice, the Commissione of the National Police Agency, or the Commissioner of the National Maritime Police Agency may request the Minister of National Defense to make an allotment of needed persons for the secondment pursuant to the classifications under any of the following subparagraphs:

1. In case of the Minister of Justice, needed persons scheduled to be appointed to guards or warders under Article 3 of the Act on the Establishment of Correctional Institution Guard Units; and

2. In case of the Commissioner of the National Police Agency, or the Commissioner of the National Maritime Police Agency, needed persons scheduled to be appointed to riot policemen liable to carry out the counter-espionage operations under Article 3 (1) of the Establishment of Riot Police Units Act.

(2) The Minister of National Defense may, upon receipt of a request for allotment of needed persons under paragraph (1), second the needed persons from among those who have enlisted in active service and have finished the course of the specified military education and training.

(3) Persons seconded under paragraph (2) shall carry out the service for the same period as the active service period reckoning from the date of enlistment. In such case, the period of secondment shall be deemed the period of service as an active duty soldier.

Article 24

(4) The Minister of National Defense shall, where any person seconded under paragraph (2) has completed the seconded service, cancel the secondment and transfer to the reserve.

(5) The Minister of Justice, the Commissioner of the National Police Agency, or the Commissioner of the National Maritime Police Agency may, with respect to the persons seconded under paragraph (2) and falling under any of each subparagraph of Article 65 (1), request the Minister of National Defense to cancel his secondment.

(6) The Minister of National Defense shall, upon receipt of a request for a cancellation of the secondment under paragraph (5), cancel the secondment of the corresponding person, and take the disposition of discharge or exemption from the military service.

(7) Matters necessary for the allotment and secondment of needed persons under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 6502, Aug. 14, 2001]

Article 25 (Secondment by Recommendation)

(1) The Minister of National Defense may, in case of the following subparagraphs, have the director of the regional military manpower office enlist the recommended persons, by deeming them as applicants for the active service in the army, and let them undergo

Article 25

the specified military education, and second them for service: <Amended by Act No. 7186, Mar. 11, 2004>

1. Where he has received a recommendation from the Administrator of the National Emergency Management Agency for persons to be appointed as obligatory fire-fighting members in charge of assisting the firefighting duties under Article 3 (2) of the Establishment of Obligatory Fire-Fighting Unit Act; and

2. Where he has received a recommendation from the Commissioner of the National Police Agency or the Commissioner of the National Maritime Police Agency for persons to be appointed as riot policemen in charge of assisting the public security affairs under Article 3 (2) and (3) of the Establishment of Riot Police Units Act, and for persons, who are to graduate from the National Police University, to serve in the riot police units.

(2) The persons seconded under paragraph (1) shall serve for the same period as that of the active service soldiers, reckoning from the date of enlistment: Provided, That the Administrator of the National Emergency Management Agency, the Commissioner of the National Police Agency, or the Commissioner of the National Maritime Police Agency may extend the secondment period within the limit of 6 months in consultation with the Minister of National Defense. In such case, the secondment period and the extended secondment period shall be deemed the period served as an active duty soldier. <Amended by Act No. 7186,

Article 25

Mar. 11, 2004>

(3) The provisions of Article 24 (4) through (6) shall apply mutatis mutandis to a cancellation of secondment and an enrollment in the reserve upon the completion of secondment by any person who has been seconded under paragraph (1), and to a request for cancellation of secondment, a disposition of service transfer, and an exemption of military service in case of falling under any of the subparagraphs of Article 65 (1). In such case, the term "the Minister of Justice" in Article 24 (5) shall be deemed "the Administrator of the National Emergency Management Agency". <Amended by Act No. 7186, Mar. 11, 2004>

(4) Matters necessary for the allotment and secondment of the recommended persons under paragraphs (1) shall be prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 6502, Aug. 14, 2001]

CHAPTER V PERFORMANCE OF RECRUIT SERVICE

SECTION 1 Service of Public Interest Service Personnel

Article 26 (Duties of Public Interest Service Personnel and Those

Article 26

to be Called for It)

(1) Public interest service personnel shall carry out the following activities: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

1. Activities to support guard, surveillance, protection, services and administrative work necessary to attain public interest objectives sought by state organs, local governments, public organizations and social welfare facilities;

2. Deleted; <by Act No. 5757, Feb. 5, 1999>

3. Activities to support art and sports fields for promoting culture and enhancing national prestige; and

4. Activities to support economic, social and cultural development of developing countries, as prescribed by the International Cooperation Personnel Act.

(2) The public interest service personnel who are to serve for activities referred to in paragraph (1) 1 shall be called up from among reservists, those who are to serve for activities referred to in paragraph (1) 3, from among reservists or persons to be enlisted into the active service who have special ability in arts and sports fields prescribed by the Presidential Decree and have been recommended by the Minister of Culture and Tourism, and those who are to serve for activities referred

Article 26

to in paragraph (1) 4, from among reservists or persons to be enlisted into the active service who have been recommended by the Minister of Foreign Affairs and Trade under the International Cooperation Personnel Act. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

(3) The public interest service personnel to serve for social welfare facilities under paragraph (1) 1 shall be chosen by the directors of regional military manpower offices and matters necessary to set standards and procedures for choosing them shall be prescribed by the Commissioner of the Military Manpower Administration. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

(4) Those to be enlisted in the active service who fall under paragraph (2), shall be transferred to the recruit service.

Article 27 (Decisions on Assignment of Public Interest Service Personnel)

(1) The director of the regional military manpower office shall, upon receiving any request for assignment of the required number of the public interest service personnel to be engaged in the service under Article 26 (1) 1 for the next year from the head of a state organ, a local government or a public organization requiring public interest service personnel, decide the agency, field and form of service, number of personnel to be assigned, etc. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6058, Dec. 28, 1999; Act No. 6287, Dec. 26, 2000>

Article 27

(2) The Commissioner of the Military Manpower Adminstration shall, upon receiving any request for assignment of the required number of the public interest service personnel to be engaged in the service under Article 26 (1) 4 for the next year from the Minister of Foreign Affairs and Trade, decide the service agency and field and the number of personnel to be assigned, etc. <Newly Inserted by Act No. 6287, Dec. 26, 2000>

Article 28 (Decisions on Order of Call-up of Public Interest Service Personnel)

(1) The director of the regional military manpower office shall decide by region the order of call-up of those to be called as public interest service personnel: Provided, That for those as prescribed in Article 26 (1) 3 and 4, the order of call-up may be determined separately. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

(2) The criteria for determining the scope of call-up by region and the order of call-up referred to in paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration their qualifications, such as physical grades, academic backgrounds, ages, etc. <Amended by Act No. 5757, Feb. 5, 1999>

Article 29 (Call-up of Public Interest Service Personnel)

(1) The director

Article 28 ~ 29

of the egional militay manpowe office shall call those whose order of call-up as public interest service personnel is decided after prescribing their service institutions and service fields falling under each of the following subparagraphs: <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

1. Persons falling under Article 26 (1) 1: Service institutions (public interest service personnel chosen under Article 26 (3) may be called up separately after determining service institutions and fields for them); and

2. Persons falling under Article 26 (1) 3 and 4: Service fields.

(2) Notwithstanding the provisions of paragraph (1), the Commissioner of the Military Manpower Administration may have the director of the regional military manpower office call separately those public interest service personnel whose call-up as public interest service personnel is postponed but the cause of such postponement disappears and who are prescribed by the Presidential Decree.

(3) For those who are called as public interest service personnel under paragraphs (1) and (2), the call-up for education as prescribed in Article 55 shall be conducted, and the period of such call-up for education shall be counted in the service period.

Article 30 (Service Period, etc. of Public Interest Service Personnel)

Article 30

(1) The service period for the public interest service personnel shall be as follows: <Amended by Act No. 6972, Sep. 3, 2003>

1. Two years and two months for the public interest service personnel who serve to support administrative affairs, etc. provided for in Article 26 (1) 1;

2. Two years and ten months for the public interest service personnel who serve in the fields of art and athletics provided for in Article 26 (1) 3; and

3. Two years and six months for the public interest service personnel who serve for the work of international support provided for in Article 26 (1) 4.

(2) In case where any public interest service personnel is sentenced to imprisonment or imprisonment without prison labor, or penal detention, or he has deserted from his service, the number of days for which the sentence is executed, or he has deserted from his service, shall not be counted in the service period.

(3) The provisions of Article 18 (4) shall apply mutatis mutandis to the cancellation of the call of the public interest service personnel. <Newly Inserted by Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999>

(4) Necessary matters concerning the service of the public interest service personnel,

Article 30

including the calculation of their service period and the cancellation of their calls-up, shall be prescribed by the Presidential Decree. <Amended by Act No. 6972, Sep. 3, 2003>

Article 31 (Service, Remuneration, etc. of Public Interest Service Personnel)

(1) The head of the agency to which the public interest service personnel are assigned as prescribed in Article 26 (1) 1, shall designate service fields in which they work on, and matters other than those prescribed by this Act, which are necessary for this service shall be determined by the Presidential Decree. In such cases, any act of said public interest service personnel in the course of carrying out the duties shall be considered as the performance of said public interest service. <Amended by Act No. 5757, Feb. 5, 1999>

(2) The head of the agency to which the public interest service personnel are assigned under paragraph (1), when he designates or alters their service fields, shall consult in advance with the director of the competent regional military manpower office. <Amended by Act No. 5757, Feb. 5, 1999>

(3) The public interest service personnel as prescribed in Article 26 (1) 3 shall serve under the direction and control of the Minister of Culture and Tourism, with respect to the development of their special abilities and to their services in the fields concerned. <Amended by Act No. 5757, Feb. 5, 1999>

Article 31

(4) The public interest service personnel as prescribed in Article 26 (1) 1 shall work attending to their places of service from their homes and returning to their homes after work, and under the direction and control of the head of the agency to which they are assigned: Provided, That if it is difficult to attend work from their homes and return to their homes after work, or if it is required depending on the speciality of their services, etc., they may be allowed to work living together.

(5) Heads of state organs, local governments or public organizations shall pay the remuneration and the travel expenses, etc. required for performing the duties, to the public interest service personnel as prescribed in Article 26 (1) 1, and the matters necessary for the criteria, etc. for same shall be determined by the Presidential Decree. <Amended by Act No. 5757, Feb. 5, 1999>

(6) Deleted. <by Act No. 5757, Feb. 5, 1999>

(7) The public interest service personnel as prescribed in Article 26 (1) 4 shall serve under the direction and control of the Minister of Foreign Affairs and Trade under the International Cooperation Personnel Act. <Newly Inserted by Act No. 6287, Dec. 26, 2000>

(8) The public interest service personnel as prescribed in Article 26 (1) 4 shall be paid the remuneration and travel expenses, etc. required for performing their duties under the International Cooperation

Article 31

Personnel Act. <Newly Inserted by Act No. 6287, Dec. 26, 2000>

Article 32 (Notification on Change in Personal Affairs of Public Interest Service Personnel)

(1) If any of the public interest service personnel as prescribed in Article 26 (1) 1 falls under any of the following subparagraphs, heads of state organs, local governments or public organizations to which they are assigned, shall notify the director of the regional military manpower office concerned within fourteen days: <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

1. When he deserts his service place or fails to serve in the field concerned, without any justifiable reason;

2. When he is warned of the disobedience under Article 33 (1) because he fails to comply with a lawful order of service;

3. When it is deemed impossible for him to attend the service place from his home, because all of his family has moved the residence to another place;

4. When the agency to which he is assigned is closed or moved; and

5. When it is deemed impossible for him to normally perform his duties because he has been sentenced to imprisonment with or without

Article 32

prison labor during the service period.

(2) Deleted. <by Act No. 5757, Feb. 5, 1999>

(3) In case where any of the public interest service personnel as prescribed in Article 26 (1) 3 fails to serve in the field concerned, the Minister of Culture and Tourism shall notify the Commissioner of the Military Manpower Administration within fourteen days after said cause occurs.

(4) The director of the regional military manpower office may, upon receiving notification regarding the public interest service personnel falling under paragraphs (1) 3 through 5 and (5) 4, designate newly institutions for the public interest service personnel to serve under the conditions as prescribed by the Presidential Decree. In this case, heads of the institutions newly designated shall designate fields and places in which the public interest service personnel are to serve and then shall notify the competent regional military manpower office of the designation within 14 days from the date the designation is made. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

(5) If any of the public interest service personnel as prescribed in Article 26 (1) 4 falls under any of the following subparagraphs, the Minister of Foreign Affairs and Trade shall notify the director of the competent regional military manpower office within fourteen days: <Newly Inserted by Act No. 6287, Dec. 26, 2000>

Article 32

1. When he deserts his service place or fails to serve in the field concerned, without any justifiable reason;

2. When he fails to comply with a lawful order of service;

3. When he is recalled under Article 9 of the International Cooperation Personnel Act;

4. When he returns home without fulfilling his duties under Article 11 of the International Cooperation Personnel Act; and

5. When he fails to comply with the order of the education on service as prescribed by the International Cooperation Personnel Act without any justifiable reason or violates the obligations of service as international cooperation personnel.

Article 33 (Extension of Service and Cancellation of Call-up of Public Interest Service Personnel)

(1) When any of the public interest service personnel deserts his service place without any justifiable reasons, he shall be made to serve an extended service for a period of 5 times the number of desertion days, and when he falls under any of the following subparagraphs, he shall be warned and his service period shall be made to extend by 5 days whenever he is warned: Provided, That the same shall not apply to any person subject to warning dispositions for the sum total of 4 times or more

Article 33

du to th rasons falling undr any of subparagraphs 1 through 4, and any person falling under subparagraph 1 of Article 89-2: <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6058, Dec. 28, 1999; Act No. 7541, May 31, 2005>

1. When obstructing the services of other persons or instigating the negligence of services;

2. When committing the acts for political purposes, such as joining the political party and other political organizations;

3. When committing cruel acts on other public interest service personnel;

4. When seeking for profit-making in connection with services, or committing the acts of concurrent services without any permission of the head of his service institutions; and

5. When falling under any reasons prescribed by the Presidential Decree, such as failing to execute the assigned duties or retarding them without justifiable reasons.

(2) With respect to anyone who is a public interest service personnel provided for in Article 26 (1) 3 or 4 and falls under any of the following subparagraphs, the call-up for the public interest service personnel for him shall be cancelled: <Amended by Act No. 7430, Mar. 31, 2005>

Article 33

1. Person who departs from Korea or stays abroad without obtaining the permission for overseas travel or the permission for extending his overseas travel period provided for in Article 70 (1) or (3), or a person who fails to return to Korea within the permitted period without any justifiable grounds; and

2. Person who fails to return to Korea in violation of an order to return to Korea under Article 83 (2) 9.

(3) The person, whose call-up to serve as one of the public interest service personnel is canceled under paragraph (2), shall be made to return to his status before he has been enrolled into the public interest service personnel and then he shall be drafted into the active service notwithstanding the provisions of Article 71 or called up to serve as one of the public interest service personnel under Article 26 (1) 1. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

(4) Any public interest service personnel who is sentenced to a penalty under subparagraph 1 of Article 89-2 or Article 89-3, shall serve as a public interest service personnel as prescribed in Article 26 (1) 1 for the remaining service period, under the conditions as prescribed by the Presidential Decree: Provided, That this shall not apply to those falling under Article 65 (1) 3. <Newly Inserted by Act No. 4840, Dec. 31, 1994; Act No. 7541, May 31, 2005>

(5) Any of the public interest service personnel as prescribed in Article 26

Article 33

(1) 4, who falls under any of the following subparagraphs, shall be drafted into the active service after the cancellation of his call-up to serve as public interest service personnel or shall be called up to serve as public interest service personnel referred to in Article 26 (1) 1: <Newly Inserted by Act No. 6287, Dec. 26, 2000>

1. A person who is recalled under Article 9 of the International Cooperation Personnel Act; and

2. A person who fails to comply with the order of the education on service as prescribed by the International Cooperation Personnel Act without any justifiable reason.

SECTION 2 Service of Public Health Doctors, etc.

Article 34 (Assignment of Public Health Doctors, etc.)

(1) The Commissioner of the Military Manpower Administration may assign any persons who are qualified as doctors, dentists, or herbal doctors and fall under any of the following subparagraphs, as public health doctors, the doctors in exclusive charge of draft physical or international cooperation doctors (excluding herbal doctors; hereinafter the same shall apply), on their application. In such cases, persons to be enlisted in the active service shall be assigned to the recruit service: <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

1. Persons who are

Article 34

to be enlisted in active service and have applied for a transfer to the military register of officers in active service in the medical field as prescribed in Article 58 (1) 1 but failed to be transferred;

2. Persons who are transferred to the military register of the medical cadet officers prescribed in Article 58 (2) 1 but failed to be transferred to the military register of officers in active service in the medical field; and

3. Persons who are qualified for doctors, dentists, or herbal doctors, and are in the recruit service to be called up as the public interest service personnel as prescribed in Article 26 (1) 1.

(2) Persons who are transferred to serve as the public health doctors, the doctors in exclusive charge of draft physical or international cooperation doctors under paragraph (1), shall be engaged in the field concerned for three years, and shall be considered to have completed their service as public interest service personnel, at the expiration of such period. <Amended by Act No. 5757, Feb. 5, 1999>

(3) Persons who are transferred to serve as the public health doctors, the doctors in exclusive charge of draft physical or international cooperation doctors under paragraph (1), shall be subject to the call for education as prescribed in Article 55, but such education call period shall not be counted in the service period. <Amended by Act No. 5757, Feb. 5, 1999>

Article 34

(4) Matters necessary for the transfer, service, etc., of the public health doctors, the doctors in exclusive charge of draft physical or international cooperation doctors shall be determined by the Presidential Decree. <Amended by Act No. 5757, Feb. 5, 1999>

Article 34-2 (Transfer of Public-Service Advocates)

(1) The Commissioner of the Military Manpower Administration may transfer persons who are qualified for lawyers and fall under any of the following subparagraphs to serve as public-service advocates upon their requests. In such case, the persons to be enlisted in the active service shall be transferred to the recruit service: <Amended by Act No. 5757, Feb. 5, 1999>

1. Persons who are to be enlisted in active service, and have applied for a transfer to the military register of officers in active service in the field of judicial affairs under Article 58 (1) 2 but failed to be transferred;

2. Persons who are transferred to the military register of the judicial cadet officers prescribed in Article 58 (2) 2 but failed to be transferred to the military register of officers in active service in the judicial affairs field; and

3. Persons who are qualified for lawyers, and are in the recruit service to be called as public interest service personnel as prescribed in Article 26 (1) 1.

Article 34-2

(2) Persons who are transferred to serve as the public-service advocates under paragraph (1), shall be engaged in the field concerned for three years, and when said period is completed, the persons shall be considered to have completed their service as the public interest service personnel.

(3) For persons who have been transferred to serve as the public-service advocates under paragraph (1), the call for military education shall be made under Article 55, but the period of the call for education shall not be counted in the period of military service.

(4) Matters necessary for the transfer, etc. of the public-service advocate shall be determined by the Presidential Decree.

[This Article Newly Inserted by Act No. 4840, Dec. 31, 1994]

Article 34-3 (Status and Remuneration of Doctors in Exclusive Charge of Draft Physical)

(1) The doctors in exclusive charge of draft physical shall be contract public officials working for the Military Manpower Administration and they will be remunerated within the limits of the remuneration given to the military personnel and also paid travel expenses, etc. necessary for performing their duties. Matters necessary to set standards for their remuneration, etc. shall be prescribed by the Presidential Decree.

(2) The Commissioner

Article 34-3

of the Military Manpower Administration shall call the doctors in exclusive charge of draft physical to participate in educational programs necessary for them to carry out their duties and have them engage in the work of physical examination. They may also participate in training programs related to their duties in military hospitals for a period not exceeding three months when they are not engaged in the draft physical. <Amended by Act No. 6058, Dec. 28, 1999>

(3) Matters necessary to order them to engage in the work of draft physical and have them participate in the educational and training programs under the provisions of paragraph (2) shall be prescribed by the Presidential Decree.

(4) The doctors in exclusive charge of draft physical shall faithfully carry out the work of physical examination and shall not desert their work places without permission from the Commissioner of the Military Manpower Administration or without any justifiable reasons.

(5) The Commissioner of the Military Manpower Administration shall command and supervise the service of the doctors in exclusive charge of draft physical.

(6) Any persons falling under each subparagraph of Article 33 of the State Public Officials Act shall not be appointed the doctors in exclusive charge of draft physical and in case any of the doctors in exclusive charge of draft physical falls under each subparagraph of Article 33 of the State Public Officials Act,

Article 34-3

he shall naturally lose his status as a doctor in exclusive charge of draft physical.

(7) The service of the doctors in exclusive charge of draft physical shall be governed by the State Public Officials Act except as prescribed in this Act.

[This Article Newly Inserted by Act No. 5757, Feb. 5, 1999]

Article 34-4 (Deprivation of Status of Doctors in Exclusive Charge of Draft Physical)

In case any of the doctors in exclusive charge of draft physical falls under each of the following subparagraphs, the Commissioner of the Military Manpower Administration may deprive ex officio him of his status as a doctor in exclusive charge of draft physical: Provided, That in case of subparagraphs 1 through 3, the Commissioner shall deprive him of his status as a doctor in exclusive charge of draft physical:

1. When he loses his qualification as a doctor or a dentist;

2. When a person, who has been appointed a doctor in exclusive charge of draft physical, has not followed orders to participate in educational and training programs without any justifiable reason;

3. When he deserts his workplace or does not engage in the duty of the relevant

Article 34-4

field for a period of not less than the total period of 8 days in violation of the provisions of Article 34-3 (4) without any justifiable reason;

4. When he is unable to return to his work or to perform his duties within one year due to his physical or mental trouble or within 3 months after he is missing or his whereabouts are unknown;

5. When he is judged inappropriate to retain his status as a doctor in exclusive charge of draft physical after he has been charged with a criminal act;

6. When he is found to have judged unfairly physical grades or performed the act of unfairness in connection with the physical examination, etc.; and

7. When he goes against orders given under this Act or by this Act, his duties or he is deemed inappropriate to hold his status as a doctor in exclusive charge of draft physical due to his extremely poor job performance.

[This Article Newly Inserted by Act No. 5757, Feb. 5, 1999]

Article 34-5 (Term of Service and Its Extension, etc. for Doctors in Exclusive Charge of Draft Physical)

(1) When any of the doctors in exclusive charge of draft physical is unable to perform his duties for a period of not less than one month

Article 34-5

on e grounds of disease or injuries not related to his duties, the Commissioner of the Military Manpower Administration may have him serve for an extended period corresponding to the period of not less than one month: Provided, That the same shall not apply to the case where a doctor in exclusive charge of draft physical is deprived of his status for reasons prescribed in the provisions of subparagraph 4 of Article 34-4.

(2) When any of the doctors in exclusive charge of draft physical does not follow this Act or orders given by this Act or either violates or neglects his duties, the Commissioner of the Military Manpower Administration may extend his service for a considerable period commensurate with the reasons, cut his pay by not more than one third, or reprimand him: Provided, That the same shall not apply to the case where a doctor in exclusive charge of draft physical is deprived of his status for reasons referred to in subparagraphs 2, 3, 5, 6 and 7 of Article 34-2 or his service is extended under the provisions of Article 35 (2) for deserting his workplace or failing to perform his duties for the total period of not more than 7 days without any justifiable reasons.

[This Article Newly Inserted by Act No. 5757, Feb. 5, 1999]

Article 34-6 (Hearings)

The Commissioner of the Military Manpower Administration shall, when he intends to deprive a doctor in exclusive charge of draft physical of his status pursuant to the provisions of Article 34-4,

Article 34-6

hold hearings.

[This Article Newly Inserted by Act No. 5757, Feb. 5, 1999]

Article 35 (Notification on Changes in Personal Affairs of Public Health Doctor, etc.)

(1) In case where public health doctors, doctors in exclusive charge of draft physical or international cooperation doctors fall under any of the following subparagraphs, the Minister of Health and Welfare, the directors of the regional military manpower offices or the Minister of Foreign Affairs and Trade shall notify the Commissioner of the Military Manpower Administration of the cause within fourteen days: <Amended by Act No. 4840, Dec. 31, 1994; Act No. 5454, Dec. 13, 1997; Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

1. When their licenses as doctors, dentists or herbal doctors are cancelled or suspended;

2. When they fail to comply with the order of education on service as prescribed by the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc., or the International Cooperation Personnel Act;

3. When they have deserted from service or failed to be engaged in the service in the field concerned, for a period of not less

Article 35

than eight day in the aggregate without any jutifiable reason;

4. When they have deserted from service or failed to be engaged in the service in the field concerned, for a period of not exceeding seven days in the aggregate without any justifiable reason;

5. When they are recalled as international cooperation doctors under Article 9 of the International Cooperation Personnel Act; and

6. When they fall under any of subparagraphs of Article 33 of the State Public Officials Act.

(2) In case where public health doctors, doctors in exclusive charge of draft physical, or international cooperation doctors fall under any of paragraph (1) 1, 2, 5 and 6, and the provisions of Article 34-4, the Commissioner of the Military Manpower Administration shall cancel their assignment, and in case where they fall under paragraph (1) 4, he shall have them serve for a period prolonged by as much as five times of the number of days for which they have deserted from the service or failed to be engaged in the service concerned. <Amended by Act No. 4840, Dec. 31, 1994; Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

(3) Persons whose transfer to serve as public health doctors, doctors in exclusive charge of draft physical or international cooperation doctors is cancelled under paragraph (2), shall be returned

Article 35

to the status hel before the transfer an be enliste in the active service or be called up as public interest service personnel. <Amended by Act No. 5757, Feb. 5, 1999>

(4) Persons who have deserted the service area for a total period of eight or more days or have not been engaged in the duties of the field concerned without any justifiable reason, shall have the transfer to serve as public health doctors, doctors in exclusive charge of draft physical or international cooperation doctors, cancelled, and shall be called up to serve as public interest service personnel, as prescribed in Article 26 (1) 1, during the remaining service period, under the conditions as prescribed by the Presidential Decree: Provided, That this shall not apply to persons falling under Article 65 (1) 3. <Newly Inserted by Act No. 4840, Dec. 31, 1994; Act No. 5757, Feb. 5, 1999>

Article 35-2 (Notification on Change in Personnel Affairs of Public-Service Advocate)

(1) In case where persons who are transferred to serve as public-service advocates fall under any of the following subparagraphs, the Minister of Justice shall notify the Commissioner of the Military Manpower Administration in cause within fourteen days:

1. When they fail to receive the education for service as prescribed by the Public-Service Advocates Act, without any justifiable reason;

Article 35-2

2. When they fail to be appointed as public-service advocates under the Public-Service Advocates Act;

3. When they are forfeited of or lose the status of the public-service advocate under the Public-Service Advocates Act because they have deserted the service place, or have not been engaged in the duties in the field concerned, for a total period of eight or more days, without any justifiable reason; and

4. When they have deserted the service place or have not been engaged in duties in the field concerned, for a total period of up to seven days, without any justifiable reason.

(2) In case where persons who are transferred to serve as public-service advocates fall under any of paragraph (1) 1 through 3 (excluding the reasons that they have deserted the service place, or have not been engaged in the duties in the field concerned, for a total period of eight or more days, without any justifiable reason), the Commissioner of the Military Manpower Administration shall cancel the transfer, and if the persons fall under paragraph (1) 4, their service period shall be extended by five times the number of days for which they have deserted the service place or have not been engaged in the duties concerned.

(3) Any persons whose transfer to serve as public-service advocate under paragraph (2) is cancelled, shall be returned to the status prior

Article 35-2

to the transfer to be enlisted in the active service, or to be called as public interest service personnel.

(4) Any persons who have deserted the service place, or have not been engaged in the duties in the field concerned, for a total period of eight or more days, without any justifiable reason, shall have the transfer to serve as public-service advocate cancelled, and be called as the public interest service personnel as prescribed in Article 26 (1) 1, to serve for the remaining service period, under the conditions as prescribed by the Presidential Decree: persons falling under Article 65 (1) 3 shall not apply to this.

[This Article Newly Inserted by Act No. 4840, Dec. 31, 1994]

SECTION 3 Services of Technical Research and Skilled Industrial Personnel

Article 36 (Selection etc. of Designated Enterprises)

(1) The Commissioner of the Military Manpower Administration shall select designated enterprises (excluding agricultural corporations and after-sale service enterprises) for which technical research and skilled industrial personnel will serve, from among research institutions, key industrial enterprises and defense industrial enterprises according to the standards as determined by the Presidential Decree. <Amended by Act No. 6058, Dec. 28, 1999>

Article 36

(2) Where any research institution, key industrial enterprise and defense industrial enterprise which has not been selected as a designated enterprise, falls under the causes as determined by the Presidential Decree such as taking over, etc. the designated enterprises selected pursuant to paragraph (1), it shall be deemed to have been selected as the designated enterprise.

(3) Where the designated enterprise selected pursuant to paragraph (1) falls under the causes as determined by the Presidential Decree such as discontinuance of business, etc., the Commissioner of the Military Manpower Administration may cancel the selection of the designated enterprise status.

(4) The Commissioner of the Military Manpower Administration shall determine the number of persons to be transferred to the technical research or skilled industrial personnel within a limit not interrupting the supply of the personnel required for the armed forces, and shall determine the total number of the personnel to be assigned, depending on the types of the designated enterprise, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6058, Dec. 28, 1999>

(5) The director of the competent regional military manpower office [meaning the director of the regional military manpower office who has jurisdiction over the administrative districts in which workplaces of the designated enterprise or a successor of farming as referred to in Article 12 of the Framework Act on Agriculture

Article 36

and Rural Community and a successor to fishermen as referred to in Article 4 of the Act on the Special Measures for Development of Agricultural and Fishing Villages (hereinafter referred to as "successors of farming and successors to fishermen") are situated; hereinafter the same shall apply in this Section] may transfer those to be enlisted in active service or those in the recruit service to be called as public interest service personnel as referred to in Article 26 (1) 1 (hereinafter referred to as "those in the recruit service to be called as public interest service personnel"), who are able to complete the compulsory service as referred to in Article 39 until they are thirty five years old, to serve as technical research or skilled industrial personnel. In this case, those persons who are to be enlisted in the active service shall be transferred to the recruit service. <Amended by Act No. 5758, Feb. 5, 1999; Act No. 6058, Dec. 28, 1999; Act No. 6997, Dec. 11, 2003>

(6) Matters necessary for the selection, succession, cancellation of selection of designated enterprises and transfer to the technical research or skilled industrial personnel as referred to in paragraphs (1) through (5) shall be determined by the Presidential Decree.

[This Article Wholly Amended by Act No. 5271, Jan. 13, 1997]

Article 37 (Persons to be Transferred to Serve as Technical Research Personnel)

Persons who fall

Article 37

under any of the foowing paragraphs may be transferred to serve as technical research personnel as referred to in Article 36 on their application: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 6972, Sep. 3, 2003>

1. Persons who have won a master's degree or higher (including any person who has finished the integrated courses for the master's degree and doctorate), and are engaged in the research institutions selected as the designated enterprises (including those in the recruit service to be called as public interest service personnel who have acquired the bachelor's degree in the natural science and are engaged in any research institutions of those selected as designated enterprises, which are attached to small and medium enterprises); and

2. Persons who are studying in the doctoral course of natural science at graduate schools that are selected as designated enterprises (including any person who has finished the course for the years or more required for the master's degree provided for in Article 31 (2) 1 of the Higher Education Act at any graduate school that offers the integrated courses for the master's degree and doctorate in natural science).

Article 38 (Persons to be Transferred to Serve as Skilled Industrial Personnel)

Persons who fall under any of the following subparagraphs may be transferred to serve as skilled industrial personnel as referred to in

Article 38

Article 36 o their applicatio. I such cases, those who fall under subparagraphs 1 and 2 (excluding those in the recruit service to be called as public interest service personnel) and those who fall under subparagraph 4 (excluding successors of farming and successors to fishermen) shall be equipped with the technical qualifications or licenses as prescribed by the Presidential Decree: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5758, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000; Act No. 7845, Jan. 2, 2006>

1. Persons who are engaged in key industrial enterprises in industry, mining, energy industry, construction, fishery or marine transportation business fields selected as designated enterprises (in case of the fishery or marine transportation business field, they shall be limited to persons who are or to be engaged in business on board of ships);

2. Persons who are engaged in specialized research institutions or defense industrial enterprises selected as designated enterprises from among specialized research institutions and defense industrial enterprises (including military maintenance units) as referred to in Articles 18 and 35 of the Defense Acquisition Program Act;

3. Persons who are designated by the Presidential Decree, because they are deemed required specially for the national interest, from among those having skills of international level; and

4. Successors

Article 38

of farming and successors to fishermen, agricultural machines operators of the agricultural corporations and the persons serving in after-sale service enterprises, who are recommended by the head of the competent Si (including the Special Metropolitan City Mayor and Metropolitan City Mayor; hereafter the same shall apply in this Section)/Kun.

Article 38-2 (Limitation on Transfer, etc. of Technical Research Personnel and Skilled Industrial Personnel)

Any person who is a relative by blood within the cousinship of the chief executive officer of any designated enterprise (referring to the parent enterprise in the event that the designated enterprise is a research institution affiliated therewith) shall be prohibited from being transferred to the designated enterprise as a technical research personnel or a skilled industrial personnel provided for in Articles 37 and 38 or making a change of job provided for in the proviso of Article 39 (3).

[This Article Newly Inserted by Act No. 6972, Sep. 3, 2003]

Article 39 (Service of Technical Research and Skilled Industrial Personnel)

(1) Technical research and skilled industrial personnel shall be required to serve their compulsory services in their respective fields for

Article 38-2 ~ 39

the period falling under each of the following subparagraphs and they shall, when they complete the period of service, be deemed to have served out their service as public interest service personnel. In this case, with respect to any technical research personnel provided for in subparagraph 2 of Article 37, his study period for the doctoral course shall not be counted in his compulsory service period: <Amended by Act No. 6972, Sep. 3, 2003; Act No. 7272, Dec. 31, 2004>

1. Three years for technical research personnel; and

2. Two years and ten months for skilled industrial personnel: Provided, That the compulsory service period for any skilled industrial person who is transferred from a person in the recruit service to be called as a public interest service personnel shall be two years and two months.

(2) Technical research and skilled industrial personnel shall be subject to the call for education as prescribed in Article 55, and such education call period shall be counted in the compulsory service period.

(3) Technical research or skilled industrial personnel shall be engaged in the fields concerned with the designated enterprises at the time of their transfer: Provided, That in cases prescribed by the Presidential Decree, such as discontinuance of business, etc. of the designated enterprise, and in cases where they have obtained approval or permission from the director of

Article 39

the competent regional military manpower oice because they are unable to be engaged in the concerned field of the designated enterprise at the time of transfer due to a change of the designated enterprise for which he serves, dispatch, education and training for the performance of related functions, guidance for learning and technology or other compelling causes, under the conditions as prescribed by the Presidential Decree, this shall not apply. <Amended by Act No. 5271, Jan. 13, 1997>

(4) Persons who are to be transferred to serve as technical research and skilled industrial personnel shall submit written oaths to the effect that they will engage faithfully in their service during their compulsory service period as referred to in paragraph (1).

(5) Matters necessary for service, such as the fields in which the technical research and skilled industrial personnel are to be engaged, calculation of the compulsory service period, oath, etc., shall be determined by the Presidential Decree.

Article 40 (Notification on Changes in Personnel Affairs of Technical Research and Skilled Industrial Personnel)

When technical research personnel, skilled industrial personnel or designated enterprises fall under any of the following subparagraphs, the head of the designated enterprise (including the person in charge of personnel management on behalf of the head of the designated enterprise), the director of the agricultural technology center (where the agricultural technology center

Article 40

is not in existence, the head of the competent Si/Kun), or the director of fisheries technology management center (only for successors of farming and successors to fishermen) shall notify the cause to the director of the competent regional military manpower office within fourteen days: Provided, That the head of any enterprise, the director of the agricultural technology center or the director of the fisheries technology management center who employs skilled industrial personnel in the field of agriculture and fishery shall notify the director of the competent regional military manpower office through the head of the competent Si/Gun of the fact: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5758, Feb. 5, 1999; Act No. 6058, Dec. 28, 1999; Act No. 6287, Dec. 26, 2000; Act No. 7272, Dec. 31, 2004>

1. Where they are dismissed or retire from the designated enterprise in which they are engaged, or persons who have been transferred to serve as technical research personnel while pursuing a doctor's degree at a graduate school in natural science as prescribed in subparagraph 2 of Article 37, have withdrawn temporarily from school, or are expelled from the school;

2. Where they fail to be engaged in the field concerned of the designated enterprises at the time of transfer;

2-2. Where they stay away from the military service without permission for not less than 8 days during the compulsory service period;

Article 40

3. Where their technical qualifications or licenses for the fields concerned are cancelled or suspended, or they are disqualified for a successor to the agriculturists and fishermen;

4. Where they are unable to complete the compulsory service period as prescribed in Article 39 (1) before they attain their thirty five years of age;

5. Where they fail to comply with the call for education as prescribed in Article 55, without any justifiable reason;

6. Where they retire temporarily from office, are suspended from office, or are transferred from another designated enterprise;

7. Where the designated enterprise in which they are engaged, suspends its business, closes its operation, is locked out, or discontinues its business; and

8. Where other causes as determined by the Presidential Decree occur.

Article 41 (Cancellation of Transfer to Service and Imposition of Obligation on Technical Research and Skilled Industrial Personnel)

(1) In case where

Article 41

persons who a transferd to serve as technical search or skilled industrial personnel, fall under any of the following subparagraphs, the director of the competent regional military manpower office shall cancel the transfer: Provided, That where any persons, who are dismissed from the designated enterprise for which they have served, file an application for relief with the Labor Commission pursuant to Article 33 (1) of the Labor Standards Act or have instituted a lawsuit with the court to take issue on the validity of a dismissal and the case is still pending, he may reserve the cancellation of the transfer until the final decision is rendered, under the conditions as prescribed by the Presidential Decree, and when any person falling under the provisions of subparagraph 2 of Article 40 has the reason prescribed by the Presidential Decree, he may be allowed to serve for an extended compulsory service period which makes up for the period for which he has not served in the relevant field without revoking his transfer as prescribed by the Presidential Decree: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5454, Dec. 13, 1997; Act No. 6058, Dec. 28, 1999; Act No. 6972, Sep. 3, 2003; Act No. 7272, Dec. 31, 2004; Act No. 7430, Mar. 31, 2005>

1. Where they are transferred or changed their jobs in violation of Article 38-2 by means of illegality, including any false statement or the submission of any false material;

1-2. Where they fall under any of subparagraphs 1, 2, 2-2 and 3 through 5 of Article 40;

Article 41

2. Where the designated enterprise in which they are engaged, discontinues its business, or the selection of the designated enterprise is cancelled or disqualified, but they are not engaged in another designated enterprise in the period as determined by the Presidential Decree; and

3. Where they have departed from Korea without obtaining permission for their overseas travel or stay abroad without obtaining permission for extending their overseas travel provided for in Article 70 (1) or (3), or fail to return to Korea within the permitted period without any justifiable grounds; and

4. Where they fail to return to Korea in violation of an order given to return to their native country under Article 83 (2) 9.

(2) In case where any technical research or skilled industrial personnel fail to perform the compulsory service, for any of the following reasons, the director of the competent regional military manpower office shall have them engaged in such service in a prolonged period equivalent to such missed period of time, under the conditions as prescribed by the Presidential Decree:

1. Where the designated enterprise discontinues or suspends its business, or is locked out; and

2. Where such causes occur as prescribed by the Presidential Decree, such

Article 41

as a temporary withdrawal from office, suspension from office, etc.

(3) Any person whose transfer to the technical research or skilled industrial personnel is cancelled under paragraph (1), shall be returned to their status held before the transfer, and be enlisted in the active service, or called as public interest service personnel.

(4) For persons who are enlisted due to cancellation of the transfer pursuant to paragraph (1) after they have been transferred to serve as technical research or skilled industrial personnel and have served for not less than one year, their service period may be shortened according to the standards as determined by the Presidential Decree. <Amended by Act No. 5271, Jan. 13, 1997; Act No. 7272, Dec. 31, 2004>

Article 42 (Adjustment of Service Period for Public Interest Service Personnel, etc.)

(1) The Minister of National Defense may, upon the request of the Commissioner of the Military Manpower Administration, adjust the service period or compulsory service period of public interest service, technical research or skilled industrial personnel by one year, in any of the following cases. In this case, for the persons who are in recruit service to be called as public interest service personnel and are called up or transferred to serve as public interest service, technical research or skilled industrial personnel, the adjustment scope of the service period or compulsory service period may be determined

Article 42

ifferently from the case of those to be enliste in the active service who are called up or transferred: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 6972, Sep. 3, 2003>

1. Where it is needed to adjust the service period or the compulsory service period following the shortening or extension of the service period for active service;

2. Where it is required to reduce the service period or compulsory service period due to a bad working condition or working surroundings; and

3. Where it is required for the supply and demand plan of military service human resources.

(2) The Minister of National Defense shall, if he intends to adjust the service period or the compulsory service period for the public interest service personnel, technical research personnel or skilled industrial personnel under paragraph (1), obtain approval therefor in advance from the President after going through deliberation of the State Council. <Newly Inserted by Act No. 6972, Sep. 3, 2003>

Article 43 (Survey of Public Interest Service Personnel, etc.)

The director of the regional military manpower office or the director of the competent district military manpower office may survey matters concerning the actual service and management of the public interest service personnel, professional research personnel and skilled industrial personnel in State agencies, local

Article 43

governments, public organizations, soci welfare facilities, designated enterprises, etc. in which they serve, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5757, Feb. 5, 1999>

CHAPTER VI IMPOSITION OF OBLIGATION FOR MILITARY FORCES MOBILIZATION CALL, ETC.

SECTION 1 Military Forces Mobilization Call up

Article 44 (Person Subject to be Called for Military Forces Mobilization)

For the purpose of organizing military units or any operational demand in wartime, incidents, or national emergency corresponding thereto, the military forces mobilization call shall be made to the following persons (hereinafter referred to as "those to be called for military forces mobilization"): <Amended by Act No. 7272, Dec. 31, 2004>

1. Those in the reserve service;

2. Those in the recruit service who have completed the call for education; and

3. Those who are transferred to the recruit service under Article 66.

Article 44

Article 45 (Designation of Person to be Called for Military Forces Mobilization)

(1) The director of the regional military manpower office shall designate persons subject to be called for the military forces mobilization, depending on the units in which they are to be enlisted.

(2) Matters concerning the selection, etc. of those subject to be called for military forces mobilization under paragraph (1), shall be determined by the Presidential Decree.

Article 46 (Military Forces Mobilization Call)

(1) In wartime, incidents, or national emergency corresponding thereto, the director of the regional military manpower office shall call those who are to be called for the military forces mobilization. <Amended by Act No. 7272, Dec. 31, 2004>

(2) In order to respond to an urgent situation, such as wartime and incidents, the Commissioner of the Military Manpower Administration may instruct the director of the regional military manpower office to serve in advance the notice of military forces mobilization call. In this case, any person who is served in advance such notice on military forces mobilization call, shall enlist at such date and time as the Commissioner of the Military Manpower Administration notifies publicly through newspapers,

Article 45 ~ 46

television or radio broadcast.

Article 47 (Physical Examination for Mobilization Call, and Homecoming)

(1) The commanding officers of the relevant military units shall conduct the physical examination for those who are called out for military forces mobilization within two days after they enter the units.

(2) For persons who are, as a result of the physical examination conducted after entering the military unit, deemed unfit for the military forces mobilization call service, or required to have a period of recuperation not less than fifteen days due to any disease or mental and physical incompetence, the commanding officers of the military units to which they belong, may instruct them to return to their home with the physical grades or the recuperation period specified. <Amended by Act No. 5757, Feb. 5, 1999>

(3) The director of the regional military manpower office may assign any persons of those who have returned to their homes under paragraph (2) and whose physical grades are specified, who are incapable of military forces mobilization call service, to the second militia service, or exempt them from military service, and may have any person whose recuperation period is specified, be called again, or undergo a reexamination. <Amended by Act No. 5757, Feb. 5, 1999>

Article 48 (Service, etc., of Person Called for Military Forces Mo

Article 47 ~ 48

bilization)

(1) The service and treatment of those enlisted in the army by the military forces mobilization call, shall be the same as what is given to those in the active service.

(2) Matters necessary for the release from the call for those enlisted in the army by the military forces mobilization call, shall be determined by the Presidential Decree.

SECTION 2 Call for Military Forces Mobilization Training

Article 49 (Person, etc., Subject to be Called for Military Forces Mobilization Training)

The call for military forces mobilization training shall be made to those subject to be called for military forces mobilization, for any training or check-up to make provisions for a military forces mobilization call, and the period shall be not more than thirty days in a year.

Article 50 (Military Forces Mobilization Training Call)

(1) In order to conduct military forces mobilization training, the director of the regional military manpower office shall call persons designated as those subject to be called for military forces mobilization.

Article 49 ~ 50

(2) The Commissioner of the Military Manpower Administration may, if necessary, instruct the director of the regional military manpower office serve in advance the notice of military forces training call. In this case, the provisions of the latter part of Article 46 (2) shall apply mutatis mutandis.

(3) Any person who receives the notice of military forces mobilization training call shall enter the army at the designated date, time and place. <Newly Inserted by Act No. 5271, Jan. 13, 1997>

(4) The director of the regional military manpower office may, when he intends to check up procedures for calling military forces mobilization to prepare for an emergency situation such as a wartime or an incident, call the military forces mobilization training on the day and time announced by the Commissioner of the Military Manpower Administration in newspapers or on television and radio according to previously delivered notices calling the military forces mobilization under the former sentence of Article 46 (2) without delivering individual notices calling the military forces mobilization training to persons subject to the mobilization training. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

(5) In the surprise military forces mobilization training call to prepare for emergency in accordance with Article 14 of the Emergency Resources Management Act, the director of the regional military manpower office may ask the head of Si/Gun/Gu (referring to the head of autonomous Gu; hereinafter the same

Article 50

shall apply) to cooperate with him in delivering notices of military forces mobilization training call and encouraging their participation in military training, and the head of Si/Gun/Gu shall, upon receiving the request, assist the former. In this case, the director of the regional military manpower office may defray necessary expenses therefor in consultations with the head of Si/Gun/Ku. <Newly Inserted by Act No. 6749, Dec. 5, 2002>

Article 51 (Physical Examination for Mobilization Training Call, and Homecoming)

(1) The commanding officer of the military unit shall conduct a physical examination on those who entered the unit by the military forces mobilization training call, within two days after they enter the unit.

(2) The commanding officer of the military unit may order any persons to return to their homes, who are, as a result of the physical examination conducted after entering the unit, deemed unable to receive the military forces mobilization training due to any disease or mental and physical incompetence. <Amended by Act No. 5757, Feb. 5, 1999>

(3) The director of the regional military manpower office may call out again such persons who have returned to their homes under paragraph (2), or may exempt them from the military forces mobilization training call in the year concerned. <Amended by Act No. 5757, Feb. 5, 1999>

Article 52 (Service of Persons Called for Military Forces Mobiliza

Article 51 ~ 52

tion Training)

(1) Any person who enters the army for military forces mobilization training call, shall serve in conformity with the active service, and may take meals or receive allowances, etc. within the limits of the budget.

(2) Any person, who enters the army for military forces mobilization training call, and is arrested for a crime committed while in service, or fail to receive the training for more than a third of the service period without any justifiable reason, may be called again.

(3) Matters necessary for the release from the military forces mobilization training call, shall be determined by the Presidential Decree.

SECTION 3 Call for Wartime Labor

Article 53 (Person, etc. to be Called up for Wartime Labor)

(1) The wartime labor call shall be made on the persons falling under any of the following subparagraphs to support military activities, in wartime, incidents, or national emergency corresponding thereto: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999; Act No. 7272, Dec. 31, 2004>

1. Persons excluded from the designation of the call for the military forces mobilization from among persons in the recruit service

Article 53

under subparagraph 2 of Article 44; and

2. Persons in the second militia service (excluding persons who have obtained licences or qualifications under the National Technical Qualifications Act and other Acts and subordinate statutes, and other persons who have obtained technical licences or qualifications under foreign Acts and subordinate statutes and their licences and qualifications are recognized by the Minister of Government Administration and Home Affairs).

(2) Any check-up for wartime labor call may be conducted on those subject to be called up for wartime labor under paragraph (1), and the period of such check-up shall be not more than two days in a year. <Amended by Act No. 5271, Jan. 13, 1997>

Article 54 (Wartime Labor Call and Physical Examination for Service)

(1) The provisions of Articles 45 through 48 shall apply mutatis mutandis to the designation, call up, physical examination after enlistment in the army, homecoming, service, etc., of those subject to be called up for wartime labor. In this case, the term "military forces mobilization call" shall be read as the term "wartime labor call", and the term "military forces mobilization call service", as the term "wartime labor call service". <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999>

(2) Notwithstanding

Article 54

the provisions of paragraph (1), the Minister of National Defense may have persons called for wartime labor to live outside military units, and provide them with meals, or pay them allowances, etc., within the limits of the budget. <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999>

SECTION 4 Call for Education

Article 55 (Person, etc., to be Called for Education)

(1) The call for the military education may be made to those in the recruit service for up to sixty days, and the matters necessary for the time, period of call, the release from call, etc., shall be determined by the Presidential Decree: Provided, That for those in the second militia service, it may be made in cases where military education is required.

(2) In case where that it is required for the national defense, the call as referred to in paragraph (1) may be made to qualify those in the reserve, recruit or second militia service, for a promotion to higher rank or an appointment as an officer, under the conditions as prescribed by the Presidential Decree. In this case, the period of call shall be not more than 120 days.

Article 56 (Physical Examination for Service, etc.)

(1) The provisions of Article 17 shall apply mutatis mutandis to the physical examination of persons in recruit service called out for the military education under the main text of Article 55 (1),

Article 55 ~ 56

which is to be conducted after they enter the army, and at their homecoming. In this case, the term "enlistment in active service" shall be read as the term "call for education", and the term "active service", as the term "recruit service". <Amended by Act No. 5757, Feb. 5, 1999>

(2) The provisions of Article 47 shall be apply mutatis mutandis to the physical examination of those in the reserve, recruit or second militia service called for the military education under the proviso of Article 55 (1) or (2), which is conducted after they enter the army, and at their homecoming. In this case, the term "military forces mobilization call" shall be read as the term "call for education", and the term "recuperation period of not less than fifteen days", as the term "recuperation period of not less than seven days". <Amended by Act No. 5757, Feb. 5, 1999>

(3) The service and treatment of those enlisted in the army by the call for education, shall be the same as what is given those in the active service.

CHAPTER VII STUDENT MILITARY EDUCATION AND ENLISTMENT OF MEDICAL OFFICERS, ETC.

Article 57 (Student Military Education, etc.)

(1) Any student who attends a high school level or higher level may be given general military education under the conditions as prescribed

Article 57

by the Presidential Decree, and the service period of those in the active service (including those who are in the active service under Articles 21, 24 and 25) or the public interest service personnel who have been given such military education may be shortened.

(2) Any school equal to or beyond the high school level may establish a course for cadets or assistant officers of the students military training corps (hereinafter referred to as "student military cadets"), and any person who has completed such course, may be transferred to the military register of the officers or assistant officers in the active service. <Amended by Act No. 6290, Dec. 26, 2000>

(3) Deleted. <by Act No. 4840, Dec. 31, 1994>

(4) Any person who has received military education under paragraphs (1) and (2), may be provided with meals or receive allowances, etc., within the limits of the budget, under the conditions as prescribed by the Presidential Decree.

Article 58 (Enlistment of Medical, Judicial, and Religious Officers)

(1) Persons who are to be enlisted in active service and fall under any of the following subparagraphs, may be enlisted by application, in the military register of officers in active service in the medical, judicial or religious field. In this case, the choice standard for religions subject to enlistment in the religious field under subparagraph 3, and the selection standard

Article 58

and procedures, etc. for officers in active service in the religious field, shall be prescribed by the Presidential Decree: <Amended by Act No. 6287, Dec. 26, 2000; Act No. 6809, Dec. 26, 2002>

1. Persons who are qualified for doctors, dentists, or herb doctors;

2. Persons who are qualified for judges, public prosecutors, or attorneysat-law; or

3. Persons who are pastors, priests or Buddhist monks holding an academic degree equal to or higher than a bachelor's degree, and other persons who perform the duties equivalent thereto and whose qualifications are recognized by the religious organizations to which they belong.

(2) Persons falling under any of the following subparagraphs, who sign up as medical, judicial or religious cadet officers, may be enlisted as the medical, judicial or religious cadet officers, and matters necessary pertaining to those to be enlisted, age restrictions, etc., shall be determined by the Presidential Decree: <Amended by Act No. 4840, Dec. 31, 1994; Act No. 5757, Feb. 5, 1999; Act No. 6809, Dec. 26, 2002>

1. Persons who are qualified for doctors, dentists or herbal doctors, and are enrolled in the prescribed courses at a military medical specialist training institution;

2. Persons who are

Article 58

enrolled in the prescribed courses in a pertinent training institution for the purpose of obtaining qualifications for judges, public prosecutors or lawyers; or

3. Persons who are enrolled in a college of theology or that of Buddhism and other colleges to foster the clergymen in order to obtain the qualification for pastors, priests, Buddhist monks and other persons who perform the duties equivalent thereto.

(3) Any person who is enlisted in the military register as the medical, judicial or religious cadet officers under paragraph (2), may be transferred to the military register of officers in active service in special branches of the army until being not more than thirty-five years of age, and any person who is removed from the military register of cadet officers may be enlisted in the active service or called as public interest service personnel, depending on their physical grades. <Amended by Act No. 5757, Feb. 5, 1999>

(4) Persons who are to be enlisted in the military register of officers in the active service under paragraphs (1) and (3) of this Article, and Article 59, may be enlisted in a military unit to receive military education.

(5) When any person referred to in paragraph (4) is enlisted in a military unit, the commanding officer of such military unit shall hold the physical examination on him within 5 days from the date on which he is enlisted in his military unit and if the person

Article 58

is pronounced unfit to serve an active service on the grounds of his disease or his mental and physical handicap or is recognized to require the treatment of not less than 15 days as a result of the physical examination, the commanding officer of such military unit shall disqualify him from the military service, explicitly indicating the state of his disease or his mental and physical handicap as well as the period of treatment (limited to the case where the period of treatment is known). The same shall apply to the case where any person who is recognized to be in the need of treatment of not less than 15 days on the grounds of his disease or his mental and physical handicap that are caused by his participation in military training. <Amended by Act No. 6972, Sep. 3, 2003>

(6) With respect to any person who is disqualified from the military service under paragraph (5), the Commissioner of the Military Manpower Administration shall alter the military service disposition on him or get him to enlist again in any military unit according to his physical grade after holding a new physical examination on him under the conditions as prescribed by the Presidential Decree: Provided, That with respect to any person who is disqualified from the military service after he is notified that his treatment period is less than 3 months, the Commissioner of the Military Manpower Administration may get him to enlist in any military unit without holding the physical examination on him again. <Amended by Act No. 6972, Sep. 3, 2003>

(7) Committee for the operation of and deliberation on the officers of religion

Article 58

shall be established under the Ministry of Defense in order to deliberate on the selection of the religions subject to the transfer to the military registration in military religious field and the selection, etc. of the officers in active service in the military religious field under paragraph (1), and the matters necessary for the composition and operation of the said committee shall be prescribed by the Presidential Decree. <Newly Inserted by Act No. 6809, Dec. 26, 2002>

Article 59 (Enlistment of Persons who Have Passed Open Competitive Examination for Appointment as Public Officials of Grade V, as Officers in Basic Branches of Army)

Persons who fall under Article 58 (1) 2 or persons who have completed the full courses for judicial cadet officers as prescribed in Article 58 (2) 2 and are not enlisted in the military register of officers in active service in the field of judicial affairs, and those to be enlisted in the active service, who have passed the open competitive examination for employment of public officials of Grade V as referred to in the State Public Officials Act or an open competitive examination for appointment of public officials of Grade V as referred to in the Local Public Officials Act, may be enlisted by application, in the military register of officers in active service in the basic branches of the army. In such cases, any person who has passed the open competitive examination for employment of public officials of Grade V and the open competitive examination for appointment of public officials of Grade V shall be

Article 59

enlisted in the army not later than when they are at the age of 29. <Amended by Act No. 5271, Jan. 13, 1997>

CHAPTER VIII POSTPONEMENT, REDUCTION AND EXEMPTION OF MILITARY SERVICE

Article 60 (Postponement of Draft Physical, Enlistment in Army, etc.)

(1) The director of a regional military manpower office may postpone the draft physical for persons subject to it, who falls under any of the following subparagraphs:

1. Crew members of ships navigating to and from foreign countries;

2. Persons who stay or reside in foreign countries; and

3. Persons who are detained for any crimes, or are under execution of sentence.

(2) The director of the regional military manpower office may postpone the conscription or call of persons who have undergone the draft physical, and fall under any of paragraph (1) 1 through 3, and fall under any of the following subparagraphs: <Amended by Act No. 5757, Feb. 5, 1999>

1. Students who

Article 60

are in high schl r higher schl level;

2. Those who are enrolled in the prescribed courses at a training institution; and

3. Outstanding athletes to enhance national prestige.

(3) Any person whose draft physical, conscription or call has been postponed under paragraph (1) or (2) shall, when he applies for draft physical, conscription or call, or his cause of the postponement ceases to exist, undergo the draft physical, or be conscripted or called in the current or following year.

(4) When persons whose conscription or call is postponed under paragraph (2) are conscripted or called again, their assignment to military service may be changed in conformity with the criteria for military service assignment of the year in which they are conscripted or called.

(5) Matters necessary for the scope of schools, training institutions and the outstanding athletes referred to in paragraph (2), restriction on postponement, etc. shall be determined by the Presidential Decree. <Amended by Act No. 5757, Feb. 5, 1999>

Article 61 (Postponement of Enlistment Date, etc.)

(1) For persons who have received or are to receive a written notice of draft physical, conscription, or call-up, but are unable to fulfill it on the duty fulfillment date due to disease, mental

Article 61

and physical incompetence, disaster, etc., the date may be postponed by application: Provided, That where a person is in difficulty to file an application for postponing the enlistment date, etc. for reasons including disasters prescribed by the Presidential Decree, the director of the regional military manpower office may postpone it ex officio. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 7272, Dec. 31, 2004>

(2) For persons whose duty fulfillment date is postponed under paragraph (1), a written notice shall be served again with the new date fixed: Provided, That where a person who has received or is to receive a conscription or call notice is deemed unable to serve in the military due to any disease or mental and physical trouble, a disposition taken for his military service may be altered after having him undergo physical examination. <Amended by Act No. 5757, Feb. 5, 1999>

Article 62 (Transfer, etc. to Second Militia Service due to Domestic Circumstances)

(1) Persons subject to enlistment in the active service, who fall under subparagraph 1, may be assigned by application to the second militia service, and persons who fall under subparagraph 2, to the recruit service: <Amended by Act No. 5757, Feb. 5, 1999>

1. Persons who are sole providers of the livelihood for his family; or

Article 62

2. One person in case where any of his father and sisters, mother, or brothers died on the battlefield or on duty, or became disabled owing to any war or official wound.

(2) Persons who are in the recruit service and fall under paragraph (1) 1, may be assigned by application to the second militia service.

(3) Matters necessary for the scope of the family, the criteria for determination of the difficulty in maintaining a household, the time of application, the scope of disability caused by any war or official wound, etc. shall be determined by the Presidential Decree.

Article 63 (Discharge from Military Service under Domestic Circumstances)

(1) Any persons who are active servicemen (including those in the active service under Articles 21, 24 and 25; hereafter the same shall apply in this Article) and fall under Article 62 (1) 1, may be assigned by application to the second militia service.

(2) Any persons who are in the active service or serve as public interest service personnel and fall under Article 62 (1) 2, may have their service period shortened by application into six months, and any persons who have completed their service period, may be assigned to the recruit service, or released from the call.

Article 63

(3) Any persons who are in service as servicemen due to the military forces mobilization call or the wartime labor call (including those who have received the written notice of call-up) and fall under Article 62 (1) 1, may be assigned by application to the second militia service, or may have the call cancelled or postponed. <Amended by Act No. 5271, Jan. 13, 1997>

Article 64 (Exemption of Persons in First Militia Service from Military Service)

(1) The director of the regional military manpower office may exempt any persons who are in the first militia service and fall under the following subparagraph 1 (limited to persons whose physical grades fall under Grade VI) or 3 from the military service without the draft physical upon application from them and any persons, whose physical grades fall under Grade V and subparagraph 4 from among persons who fall under subparagraph 1 may be assigned to the second militia service without the draft physical upon application from them: <Amended by Act No. 5757, Feb. 5, 1999; Act No. 7272, Dec. 31, 2004>

1. Visibly disabled persons, such as persons with overall deformity;

2. Deleted; <by Act No. 7272, Dec. 31, 2004>

3. Persons who have immigrated from the northern area of the Military

Article 64

Demarcation Line; and

4. Persons who fall under reasons prescribed by Article 65 (1) 3.

(2) Matters necessary for the scope of the disabled and the procedure of such application, etc. as referred to in paragraph (1) shall be determined by the Presidential Decree. <Amended by Act No. 7272, Dec. 31, 2004>

Article 65 (Change, etc. of Assignment to Military Service)

(1) Any persons who are in the active service (including those who are in the active service under Articles 21, 24 and 25, and those to be enlisted in the active service) or in the recruit service, and who fall under subparagraph 1, may be assigned to the recruit service or the second militia service, or exempted from military service, through physical examination, and persons who fall under subparagraph 3 may be assigned to the recruit service or the second militia service: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999; Act No. 7272, Dec. 31, 2004>

1. Persons who are incapable of military service due to any war or official wound, disease or mental and physical incompetence;

2. Deleted; and <by Act No. 7272, Dec. 31, 2004>

3. Persons who are deemed unfit for military service by such reasons as prescribed by the Presidential Decree, such as serving times

Article 65

under sentence, extremely old age.

(2) In case where persons who are in the active service (including those who are in the military service under Articles 21, 24 and 25) or in the recruit service emigrate with their families to foreign countries, they may be assigned to the recruit service, or the call-up for the public interest service personnel may be postponed or canceled. <Newly Inserted by Act No. 7272, Dec. 31, 2004>

(3) Any persons who are in the reserve or the second militia service and are incapable of military service by such reason as referred to in paragraph (1) 1 may, by application, be assigned to the second militia service or exempted from military service through a physical examination if necessary. <Amended by Act No. 7272, Dec. 31, 2004>

(4) Any persons who are servicemen in the reserve service, and serving times under a sentence, may be assigned to the second militia service under the conditions as prescribed by the Presidential Decree.

(5) If persons who are assigned to the recruit service or for whom the call-up for the public interest service is postponed or canceled on the grounds of their emigrations with their families to foreign countries under paragraph (2) return to Korea for the purpose of permanently residing in their fatherland and fall under the grounds that are prescribed by the Presidential Decree, the disposition thereof may be revoked and duties to fulfill their military services may be imposed. <Amended

Article 65

by Act No. 5757, Feb. 5, 1999; Act No. 7272, Dec. 31, 2004>

(6) The director of the regional military manpower office shall call for education as prescribed in Article 55, for the crews of ships navigating to and from foreign countries who are to be called up as public interest service personnel, but had the public interest service personnel call-up postponed for three or more years by reasons as prescribed in Article 60 (1) 1, and when they have completed the call for education, they shall be considered to have completed the service as the public interest service personnel.

(7) The director of the regional military manpower office may, where any person who has been in the recruit service or the second militia service wants to be drafted into the active service or return to the public interest service after his disease or mental or physical trouble is treated or his academic background is changed, allow it with the cancellation of the disposition concerned and change such disposition under the conditions as prescribed by the Presidential Decree. <Newly Inserted by Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

(8) The director of the regional military manpower office may, where the number of persons to be called up for the public interest service is larger than that of persons to be assigned to the public interest service under Article 27, transfer part of the persons to be called up to the second militia service according to the standards as prescribed by the Presidential Decree,

Article 65

taking into consideration their academic career and the year in which they are assigned to the recruit service. <Newly Inserted by Act No. 6287, Dec. 26, 2000>

(9) The scope of families referred to in paragraph (2) shall be prescribed by the Presidential Decree. <Newly Inserted by Act No. 7272, Dec. 31, 2004>

Article 66 (Transfer of Officers, etc. to Recruit Service, and Cancellation thereof)

(1) In case where officers, warrant officers or assistant officers in the active or reserve service fall under a cause of disqualification for appointment as prescribed by the Military Personnel Management Act and are expelled from the army or deprived of their status, they shall be transferred to the recruit service as officers, warrant officers or assistant officers, respectively. <Amended by Act No. 4840, Dec. 31, 1994; Act No. 6290, Dec. 26, 2000>

(2) In case where medical, judicial or religious officers in the reserve service are disqualified, or their professional licenses concerned are cancelled, they shall be deprived of their status, and transferred to the recruit service.

(3) For persons transferred to the recruit service under paragraphs (1) and (2), the cause of whose transfer to recruit service is removed, and falling under the following subparagraphs, the disposition of transfer to the recruit service may be cancelled

Article 66

by application. In such cases, the effect of such disposition of cancellation shall not be retroactive:

1. Persons of sound thought;

2. Persons whose conduct is good; and

3. Persons whose physical strength is unimpaired (excluding those to be retired or exempted from military service as prescribed in paragraph (4)).

(4) Any persons who have disposition of transfer to the recruit service cancelled under paragraph (3) and whose age does not exceed the age limit as prescribed by the Military Personnel Management Act, for the rank holding at the time they are transferred to the recruit service, on the day such disposition is cancelled, shall be transferred to the reserve service with such rank, but persons who are incapable of the reserve service due to any mental or physical incompetence, or persons whose age exceeds the age limit, shall be retired or exempted from the military service. <Amended by Act No. 4840, Dec. 31, 1994>

(5) Matters necessary for the procedure of the cancellation of the disposition of transfer to the recruit service, and the transfer to the reserve service, etc., under paragraphs (3) and (4), shall be determined by the Presidential Decree.

Article 67 (Adjustment of Order in Military Forces Mobilization Call or Wartime Labor Call)

Article 67

(1) The director of the regional military manpower office may have the order of call-up for those who are deemed particularly necessary as subject to being called up for the military forces mobilization or the wartime labor and being engaged in the state agencies or defense enterprises performing the function of national mobilization in wartime, adjusted to the later, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5271, Jan. 13, 1997>

(2) In case where persons whose order in call-up is adjusted to the later under paragraph (1) are excluded from those subject to being called up later by reasons of retirement, transfer of position, etc., the employer (including the person in charge of the personnel management on behalf of the employer; hereinafter the same shall apply) shall notify the director of the competent regional military manpower office of the fact within fourteen days. <Amended by Act No. 5271, Jan. 13, 1997>

Article 68 (Restrictions on Postponement of Military Service and on Reduction of and Exemption from Liability for Military Service)

Persons who have committed crimes as prescribed in Articles 86 through 88 or 94, who have deserted from their service after conscription or callup, or who have purposely provoked cause of postponement or reduction of, or exemption from the duty of military service, shall not be subject to any of the following dispositions: Provided, That this provision shall not apply to those whose families are unable to maintain their livelihood

Article 68

without them, except those who have purposely provoked such cause: <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000>

1. Assignment to public interest service personnel, technical research personnel, and skilled industrial personnel as prescribed in Article 26 (1) 3 and 4, and Article 36;

2. Postponement of the draft physical and conscription or call-up as prescribed in Article 60 (1) 1 and 2 and (2);

3. Assignment to the second militia service or the recruit service under the domestic circumstances as prescribed in Article 62; and

4. Reduction of the service period for active servicemen or public interest service personnel as prescribed in Article 63.

CHAPTER IX RESIDENCE CHANGE AND OVERSEAS TRAVEL OF PERSON UNDER OBLIGATION TO SERVE IN MILITARY

Article 69 (Report on Residence Change)

(1) When any persons under obligation to serve in the military (excluding those in the active service) change their residences, they shall make the moving-in report within fourteen days from the

Article 69

day their residences are changed under the provisions of Article 14 of the Resident Registration Act. <Amended by Act No. 5757, Feb. 5, 1999>

(2) The Minister of Government Administration and Home Affairs shall notify the Commissioner of the Military Manpower Administration of changes in residences of persons under obligation to serve in the military under paragraph (1) and other changes in them to manage the persons under obligation to serve in the military. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

(3) Matters necessary to set procedures for making notifications under paragraph (2) shall be prescribed by the Presidential Decree. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

Article 69-2 (Notification of Military Service Dispositions, etc.)

(1) The Commissioner of the Military Manpower Adminstration shall notify the Minister of Government Administration and Home Affairs of data on changes in persons under obligation to serve in the military such as military service dispositions (including alterations of dispositions; hereinafter the same shall apply) taken to them, their enlistments, their discharges from the military service and the cancellation of calls for them, which are necessary to pigeonhole their resident registration cards.

(2) Necessary matters

Article 69-2

pertaining to the contents, scope of the data referred to in paragraph (1) and procedures for furnishing the data shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 5757, Feb. 5, 1999]

Article 70 (Permission for Overseas Travel and Revocation Thereof)

(1) Persons who are liable for the military service and do not fall under any of the following subparagraphs shall, when they intend to have an overseas travel, obtain permissions therefor from the Commissioner of the Military Manpower Administration: <Amended by Act No. 6058, Dec. 28, 1999; Act No. 7430, Mar. 31, 2005>

1. Persons who have completed their active military service (including other persons who are deemed to have completed their active military service);

2. Persons who have completed their public interest service (including other persons who are deemed to have completed their public interest service); and

3. Persons who have been enlisted into the second militia service.

(2) The Commissioner of the Military Manpower Administration shall not permit any person who has dodged or is dodging the draft physical

Article 70

or the miitary service without any justifiabe grounds, who is prescribed by the Presidential Decree, from among persons subjected to the permission for overseas travel under paragraph (1) to travel overseas: Provided, That the same shall not apply to a case where the unavoidable grounds such as the death of a family member, etc. exist that are prescribed by the Presidential Decree. <Newly Inserted by Act No. 6749, Dec. 5, 2002>

(3) In case where persons who have obtained permission for overseas travel encounter difficulty in returning to Korea within the permitted period, they shall obtain the permission of the Commissioner of the Military Manpower Administration for the overseas travel or an extension of period, not later than fifteen days before the period expires, or for persons who have left Korea before being assigned to the first militia service, not later than the fifteenth of January in the year of attaining their eighteenth year. <Amended by Act No. 6749, Dec. 5, 2002; Act No. 7430, Mar. 31, 2005>

(4) The scope and procedure of the permission for overseas travel or the extension period as referred to in paragraphs (1) and (3), shall be determined by the Presidential Decree. <Amended by Act No. 6749, Dec. 5, 2002>

(5) Any persons who have obtained the permission for overseas travel, shall have their departure from Korea confirmed at the time they leave Korea, and make a report of homecoming at the time they return to Korea, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6058, Dec. 28, 1999>▷

Article 70

(6) Deleted. <by Act No. 7430, Mar. 31, 2005>

(7) In case where persons who have obtained permission for overseas travel or permission for extending their overseas travel period pursuant to paragraphs (1) and (3) return to Korea for the purpose of permanently residing in their fatherland and their acts fall under the grounds that are prescribed by the Presidential Decree, the permission for their overseas travel and the permission for extending travel period shall be revoked and duties shall be imposed on them to fulfill their respective military service. <Newly Inserted by Act No. 7272, Dec. 31, 2004>

CHAPTER X COMPLETION OF MILITARY SERVICE DUTY

Article 71 (Reduction of and Exemption from Liability for Enlistment, etc.)

(1) The liability for the draft physical, enlistment in active service, or public interest service personnel call, shall expire as of the time the persons concerned attain thirty-first years of age, and the exempted persons shall be transferred to the second militia service: Provided, That persons who fall under any of the following subparagraphs shall be exempted as of the time they attain thirty-sixth years of age: <Amended by

Article 71

Act No. 4840, Dec. 31, 1994; Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999; Act No. 6287, Dec. 26, 2000; Act No. 6749, Dec. 5, 2002; Act No. 7272, Dec. 31, 2004>

1. Persons who evade the draft physical, enlistment in active service or public interest service personnel call without any justifiable reason, and who are missing;

2. Persons whose call-up to serve as public interest service personnel is cancelled under Article 33 (5);

3. Persons whose transfer to serve as public health doctors, doctors in exclusive charge of draft physical, international cooperation doctors, or public-service advocates is cancelled under Articles 35 (2) and (4), and 35-2 (2) and (4);

4. Persons whose transfer to the technical research or skilled industrial personnel is cancelled under Article 41 (1);

5. Persons who are expelled from the military register of medical, judiciary or religious cadet officers as prescribed in Article 58 (3);

6. Persons who have left Korea or are staying in a foreign country, without obtaining permission as prescribed in Article 70 (1) or (3), or who fail to return to Korea within the permitted period without any justifiable reason;

Article 71

7. Persons whose draft physical, or enlistment, etc. are postponed for reasons falling under Article 60 (1) 2;

8. Persons who are assigned to the recruit service or for whom the callup for the public interest service is postponed or canceled on the grounds provided for in Article 65 (2);

9. Persons for whom the disposition taken to assign to the recruit service or the disposition taken to postpone or cancel their public interest service is revoked pursuant to Article 65 (5);

10. Persons whose exemption from the military service or assignment to the second militia service or recruit service is cancelled on the grounds that the exemption or assignment was made by a false or other dishonest manner; and

11. Persons who are granted the nationalities of the Republic of Korea after obtaining permissions for restoring their nationalities pursuant to Article 9 of the Nationality Act: Provided, That the same shall not apply to a case where anyone who is granted the nationality of the Republic of Korea by means of naturalization.

(2) Any persons who are subject to being enlisted in active service under the proviso of paragraph (1) and are thirty-one years of age or older, may be allowed to serve as public interest service personnel.

Article 71

Article 72 (Completion of Military Service Duty)

(1) The duty of military service of the enlisted men in active, reserve and recruit services, and of those in the second militia service, shall be completed by the time when they are forty years old, and that of the officers, warrant officers and assistant officers in the reserve and recruit services, in the year they attain the age limit of their ranks as prescribed by the Military Personnel Management Act. <Amended by Act No. 4840, Dec. 31, 1994; Act No. 6290, Dec. 26, 2000>

(2) When the term of military service as referred to in paragraph (1) is completed, the officers, warrant officers, and assistant officers shall retire from the service, and the enlisted men shall be exempted from the military service. <Amended by Act No. 4840, Dec. 31, 1994; Act No. 6290, Dec. 26, 2000>

CHAPTER XI GUARANTEE OF INTERESTS FOR THOSE HAVING FULFILLED MILITARY SERVICE DUTY

Article 73 (Guarantee of Reinstatement to School)

The head of a school equal to or higher than a high school shall reinstate by

Article 72 ~ 73

application any students who withdraw temporarily from school and are enlisted in the army by conscription, call-up, or application, or are in the recruit service by call-up, etc. (referring to any compulsory or other services as public interest service personnel, public health doctors, international cooperation doctors, public-service advocates, technical research personnel or skilled industrial personnel; hereafter the same shall also apply in Article 74) to the relevant school, when they have completed the aforementioned service. Even when the enrollment term expires, those who are not impeded in the educational schedule shall be reinstated to the relevant school upon their application. <Amended by Act No. 4840, Dec. 31, 1994>

Article 74 (Guarantee, etc. of Reinstatement to Former Office)

(1) The head of any state agency or local government, or any employer shall have any relevant public officials, executive officers or employees under his control withdraw temporarily from his office, in case where they enlist in the army by conscription, call-up, or application, or are in the recruit service by call-up, etc. (excluding those who are in the recruit service holding office in the agency concerned, etc.), and have them resume office, when they complete such services: Provided, That in case where the public officials, executive officers or employees are expelled from office, discharged from the military service, or released from the call, for any offense committed on service, this shall not apply.

(2) With respect to those who have withdrawn from their offices under paragraph (1), the head of the State agency or local government,

Article 74

or any employer shall calculate their compulsory service period as actual working periods for their promotion, and the considerable remuneration may be paid to them, within the scope of the difference between the remuneration paid by the military unit or agency for which they serve compulsorily, and that paid before they are in the recruit service by enlistment or call, etc.: Provided, That within the limit of the active service period in the army, the period to be considered as an actual work period of those who completed his compulsory service period in the recruit service by call, etc., shall be determined by Presidential Decree.

(3) The head of the State agency or local government, or employer shall not treat unfavorably any public officials, executive officers or employees in their appointment, employment and promotion, for the reason that they are to be in the service, are in the service (limited to those in the recruit service holding their office), or have discharged the military service, such as conscription, call-up, etc.

Article 74-2 (Preferential Treatment, etc. when Employed)

(1) Where the persons completing the recruit service by call-up, etc. (referring to the services or obligatory services as the public interest service personnel, public health doctors, doctors in exclusive charge of draft physical, international cooperation doctors, public-service advocates, technical research personnel or skilled industrial personnel rendering services referred to in Article 26 (1) 3 and 4; hereafter in this Article, the same shall apply) apply for the employment tests, the head of the institution implementing an employment protection

Article 74-2

under Article 30 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall extend the upper-limit age to apply for tests within the limit of three years of age under the conditions as prescribed by the Presidential Decree.

(2) Where the persons making the recruit service apply for the employment tests within six months before the scheduled date of completing the services, they shall be considered to be those who have completed the services.

[This Article Newly Inserted by Act No. 7541, May 31, 2005]

Article 75 (Compensation and Medical Care)

(1) Any bereaved family of persons who have died in battle or on duty during military service (including the cases where they are being conscripted or called out, and transported in a group under the leadership of a relevant public official concerned), persons who are discharged or exempted from the military service owing to any war or official wound or disease caused on duty, and their families, may receive compensation under the conditions as prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State. <Amended by Act No. 5271, Jan. 13, 1997>

(2) Any bereaved family of persons who have died in service as public interest service personnel as prescribed in Article 26 (1) 1 (including persons who have died from official wounds or of diseases

Article 75

contracted while on duty; hereinafter the same shall apply), and persons who are transferred to the second militia service or exempted from the military service owing to any official wound or disease contracted while on duty, and their families shall receive an indemnity as prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State. In such cases, the requirements for those to be compensated, and matters necessary for the confirmation of and decision on them, shall be determined by the Presidential Decree. <Amended by Act No. 5161, Aug. 16, 1996; Act No. 5271, Jan. 13, 1997>

(3) In case of the former part of paragraph (2), the bereaved families of persons who have died on duty shall be regarded as those of military personnel and police officers who have died on duty under Article 4 (1) 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and persons who are transferred to the second militia service or exempted from the military service owing to any official wound or disease contracted while on duty and their families as military personnel and police officers who are wounded during service and their families under Article 4 (1) 6 of the same Act. <Newly Inserted by Act No. 5161, Aug. 16, 1996; Act No. 5271, Jan. 13, 1997>

(4) Any persons affected by disease or wounded during the service as public interest service personnel as prescribed in Article 26 (1) 1 shall be treated at military medical facilities or other medical facilities run by the State, local governments or the private

Article 75

sector at the expense of the State, local governments or public organizations, etc. under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5757, Feb. 5, 1999>

(5) With respect to persons who are killed or wounded by direct reason of a military training during the student military training as prescribed in Article 57 (1) or (2), the provisions of paragraphs (1) and (4) shall apply mutatis mutandis. <Amended by Act No. 5161, Aug. 16, 1996>

(6) Anyone who is in need of the medical treatment of any injury or illness that is caused directly by the physical examination provided for in Articles 11 and 20 (1) may be treated in any military medical facilities, and medical facilities that are operated by the State and local government or any private clinic or hospital at the expenses of the State under the conditions as prescribed by the Presidential Decree. <Newly Inserted by Act No. 7272, Dec. 31, 2004>

Article 75-2 (Compensation for Accident, etc.)

(1) Bereaved families of persons who have died while servicing as public interest service personnel as prescribed in Article 26 (1) 1 (including persons who have died from official wounds or of diseases contracted while on duty), or any persons who are wounded or contracted disease during the service shall receive an indemnity for accident, etc.: Provided, That if they have received the same kind of indemnity from the State, local governments or public organizations as prescribed by other Acts and subordinate statutes, the amount of indemnity corresponding

Article 75-2

to it shall not be paid. <Amended by Act No. 5757, Feb. 5, 1999>

(2) The indemnity under paragraph (1) shall be borne by the State, local governments or public organizations. <Amended by Act No. 5757, Feb. 5, 1999>

(3) Matters necessary for amount and payment, etc. of the indemnity under paragraphs (1) and (2) shall be determined by the Presidential Decree.

[This Article Newly Inserted by Act No. 5161, Aug. 16, 1996]

Article 76 (Sanctions against Persons with Failure of Military Service Duty)

(1) The head of a State agency or local government, or an employer may not appoint as public official, executive officer or employee any person falling under any of the following subparagraphs, and if such persons are in office, they shall be dismissed from the office:

1. Persons who evade the draft physical;

2. Persons who evade the conscription or call; or

3. Persons who desert from the military service or service as public interest service personnel.

(2) The head of the

Article 76

State agency or local government shall not grant any patent, permission, authorization, license, registration, designation, etc., for various government-authorized, permitted or licensed businesses, to any persons falling under any of subparagraphs of paragraph (1), and if such things are already granted, they shall be revoked.

(3) With respect to those who have left Korea, or stay in foreign countries, without obtaining the permission as prescribed in Article 70 (1) or (3), or those who fail to return to Korea within the permitted period without any justifiable reason, the provisions of paragraphs (1) and (2) shall apply mutatis mutandis until they attain their 40th year: Provided, That this shall not apply in case where they return to Korea and complete their military service. <Amended by Act No. 6749, Dec. 5, 2002>

CHAPTER XII CONSCRIPTION ADMINISTRATION

Article 77 (Supervision of Conscription Administration)

(1) The conscription, call-up, and other conscription administration shall be supervised by the Commissioner of the Military Manpower Administration.

(2) In case where any order or disposition issued or made by the director of the regional military manpower office is deemed unlawful or unreasonable, the Commissioner of the Military Manpower Administration may suspend or revoke it.

Article 78 (Delegation of Authorization on Conscription Administra

Article 77 ~ 78

tive Affairs)

(1) The authority of the Commissioner of the Military Manpower Administration as prescribed in Articles 20, 34-3 (5), 70 (1), (3) and (5), and 95 may be delegated to the directors of the regional military manpower offices, or the heads of agencies under control of the regional military manpower offices under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6058, Dec. 28, 1999; Act No. 6749, Dec. 5, 2002>

(2) Part of the authority of the director of the regional military manpower office under this Act may be delegated to the heads of agencies under his control under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6058, Dec. 28, 1999; Act No. 6547, Dec. 29, 2001>

(3) Deleted. <by Act No. 6547, Dec. 29, 2001>

(4) The authority of the Commissioner of the Military Manpower Administration as prescribed in Article 70 (3), and that of the director of the regional military manpower office as prescribed in Article 60 (1) 2, may be partially delegated to the head of the diplomatic missions abroad, under the conditions as prescribed by the Presidential Decree.

Article 79 (Travel Expenses to be Borne by National Treasury)

(1) Deleted. <by Act No. 6547, Dec. 29, 2001>

(2) The travel

Article 79

expenses of those who undergo the draft physical or the physical examination for active service volunteers, and who are enlisted in the army or disqualified from the military service through conscription, call, or in application for active service, shall be borne by the National Treasury, and shall be paid under the conditions prescribed by the Presidential Decree. <Amended by Act No. 4840, Dec. 31, 1994; Act No. 6972, Sep. 3, 2003>

Article 80 (Cooperation with Conscription Administration)

(1) The head of the conscription administrative agency may, if necessary for carrying out his duties, request any cooperation with the conscription administration to the head of the State agency or local government, or the head of any agency holding any electronic data processing system.

(2) The head of the State agency, local government or agency shall, upon receiving a request as referred to in paragraph (1), cooperate with it, and shall not refuse it without any justifiable reason.

Article 81 (Prevention of and Crackdown on Offenses Involving Military Service)

(1) The Commissioner of the Military Manpower Administration may, in case where it is deemed necessary to prevent and crack down on offenses involving the military service, confirm and check matters concerning the fulfillment of the military service by persons liable for the military service and collect data necessary

Article 80 ~ 81

to confirm the fact of violating Acts and subordinate statutes governing the military service.

(2) The Commissioner of the Military Manpower Administration may ask state organs, local governments and public institutions to furnish data necessary to confirm the matters concerning the fulfillment of the military service referred to in paragraph (1) under the conditions as prescribed by the Presidential Decree. In this case, the head of institutions shall, upon receiving the request for the data, comply with the request unless special grounds exist that make it impossible for them to do so.

(3) The Commissioner of the Military Manpower Administration may ask employers who hire persons liable for the military service to furnish data necessary to confirm the fact of violating Acts and subordinate statutes governing the military service referred to in paragraph (1) or question them about facts.

(4) The Commissioner of the Military Manpower Administration shall be prohibited from using the data furnished under paragraphs (2) and (3) for any purpose other than the purpose of preventing and cracking down on offenses involving the military service and supplying any other institution with such data.

[This Article Newly Inserted by Act No. 7272, Dec. 31, 2004]

Article 82 Deleted. <by Act No. 6058, Dec. 28, 1999>

Article 82

Article 82-2 Deleted. <by Act No. 6749, Dec. 5, 2002>

CHAPTER XIII SPECIAL CASES IN WARTIME

Article 83 (Special Cases in Wartime)

(1) In a wartime or emergency, or in the event that the order of military forces mobilization is issued, or when needed for the national defense, the Minister of National Defense may take the following measures: Provided, That when needed for national defense, only the measures referred to in subparagraph 5 may be taken: <Amended by Act No. 4840, Dec. 31, 1994; Act No. 5757, Feb. 5, 1999; Act No. 6290, Dec. 26, 2000; Act No. 6502, Aug. 14, 2001>

1. Extension of the active service period as provided in Article 18 (2);

2. Suspension of transfer of those to be called up for the full time reserve service as provided in Article 21 to other service, and transfer of those called up for the full time reserve service to the active service;

3. Suspension or cancelation of the secondment to a guard or warder of correctional institutions, a member of riot police units and a member of obligatory fire-fighting units under Articles 24 and 25;

4. Suspension of transfer to service as public health doctors, international cooperation doctors, or public-service advocates

Article 82-2 ~ 83

under Article 34, and conversion of them into those to be called up for military forces mobilization;

5. Transfer of any person of 40 years of age or less, of those who have completed the compulsory service period as skilled industrial personnel in the fishery and marine transportation business fields of key enterprises as provided in subparagraph 1 of Article 38, to the military register of officers or assistant officers in the reserve service;

6. and 7. Deleted; <by Act No. 5757, Feb. 5, 1999>

8. Transfer of those who are qualified for the medical, judicial and religious fields as provided in the subparagraphs of Article 58 (1) and are 40 years of age or less, to the military register of officers in the reserve service;

9. Suspension of change in assignment of the military service and expulsion from the military register as prescribed in Articles 65 and 66 (1); and

10. Extension of the compulsory service period of the enlistment in active, reserve, and recruit services, and those in the second militia service as prescribed in Article 72 (1), up to 45 years of age.

(2) In wartime or emergency, or in the event that the order of military forces mobilization is issued, the Commissioner of the Military Manpower

Article 83

Administration may take the following measures: <Amended by Act No. 6058, Dec. 28, 1999; Act No. 6749, Dec. 5, 2002; Act No. 7272, Dec. 31, 2004>

1. Act changing the service method of written notice on imposition of the military service duty as prescribed in Article 6 into a method of a public notice through newspapers, television or radio broadcast;

2. Change of the draft physical age as prescribed in Article 11 (1);

3. Suspension of the call or transfer to service as public interest service, technical research and skilled industrial personnel as prescribed in Articles 26 and 36;

4. Conversion of persons in the recruit service as prescribed in Article 14 (1) 1, and those in the recruit service as technical research or skilled industrial personnel as prescribed in Article 36, who fail to be called for military education as prescribed in Article 55, into those subject to be enlisted in the active service; and who have completed the call for education under Article 55, into those to be called for the military forces mobilization;

5. Suspension of the postponement of the draft physical and the conscription or call-up, as prescribed in Article 60 (1) or (2);

5-2. Restriction

Article 83

on postponing the fulfillment date of obliga under Article 61 (1);

6. Reduction of the change of residence reporting period as prescribed in Article 69, to seven days;

7. Change of persons aged between 18 and 45 who fall under any of subparagraphs of Article 70 (1) to those under obligation to obtain permission for overseas travel;

8. Extension of the liability for the draft physical and enlistment in the active service as prescribed in Article 71 (1), to up to 35 years of age;

9. Order of the return to persons under obligation to serve in the military who reside in foreign countries; and

10. Revocation of the permission for overseas travel that is granted prior to the proclamation of wartime, incident or the order of military forces mobilization.

(3) In wartime or emergency, or in the event that the order of military forces mobilization is issued, the director of the regional military manpower office may request the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor (hereinafter referred to as the "Mayor/Do Governor") and the head of Si/Gun/Gu to cooperate with him in performing wartime support tasks falling under the following subparagraphs, and the Mayor/Do Governor and the head of Si/Gun/Gu shall, upon receiving the request, give their priority to

Article 83

such cooperation: <Amended by Act No. 6749, Dec. 5, 2002>

1. Delivery of notices concerning the mobilization of military forces and notices concerning the call-up of wartime labor, and reports on the deliveries of such notices;

2. Encouragement of persons subject to the mobilization of military forces and the call-up of wartime labor to join the military service;

3. Assistance in tipping off, hunting down and cracking down dodgers of the mobilization of military forces and the call-up of wartime labor;

4. Assistance in the provision of vehicles, foodstuffs and accommodation facilities, etc. for mobilized military forces; and

5. Other tasks requested by the director of the regional military manpower office in connection with the mobilization of military forces.

Article 83-2 (Committee for Prevention of Military Service Offenders)

(1) In a wartime or emergency, or in the event that the order of military forces mobilization is issued, the Central Committee for the Prevention of Military Service Offenders shall be established under the Military Manpower Administration and the regional

Article 83-2

committee for the prevention of miitary service offenders shall be established each in the Special Metropolitan City, the Metropolitan City and the Do that are each mandated to deliberate on matters falling under the following subparagraphs in connection with the prevention and crackdown of military service dodgers who commit the offenses provided for in Articles 84 through 94, the missing, and other offenders in connection with the military service:

1. Prevention and crackdown of the act of dodging and evading the military service;

2. Investigation and administration of the missing from among persons liable to the military service;

3. Crackdown and check of the violation of posting and obligatory service by technical research personnel and skilled industrial personnel;

4. Crackdown of and guidance on the violation of employment ban and the guarantee of reemployment, etc.;

5. Matters concerning census registrations and resident registrations that are concerned with the obligation of the military service; and

6. Other matters concerning the prevention and crackdown of military service offenders.

(2) State agencies, heads of local governments or employers shall actively

Article 83-2

cooperate with activities of the committees for the prevention of the military service offenders of various levels provided for in paragraph (1).

(3) Necessary matters concerning the composition and operation of the committees for the prevention of military service offenders referred to in paragraph (1) shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 6749, Dec. 5, 2002]

CHAPTER XIV PENAL PROVISIONS

Article 84 (Failure to Notify Changes in Personnel Affairs)

(1) Deleted. <by Act No. 6058, Dec. 28, 1999>

(2) Employers who fail to make a notification on any change in personnel affairs as prescribed in Article 40 or 67 (2) without any justifiable reason, or who make a false notification, shall be punished by imprisonment for not more than six months, or by a fine not exceeding twenty million won.

(3) Any person falling under any of the following subparagraphs shall be punished by penal detention or a fine not exceeding 2 million won: <Newly Inserted by Act No. 6058, Dec. 28, 1999>

1. A person who has failed to make a move-in report without any justifiable

Article 84

reason under the provisions of Article 69 (1) or made a false move-in report;

2. A person who has gone out of the country without obtaining his departure confirmation under the provisions of Article 70 (5); and

3. A person who has failed to make a report on his return to the country without any justifiable reasons under the provisions of Article 70 (5) or made a false report.

Article 85 (Refusal of Receipt, and Negligence of Liability for Delivery, of Written Notice)

Persons under obligation to receive and deliver the notification imposing the military service under Article 6, who refuse to receive it, or fail to deliver it, or delay in the delivery thereof, without any justifiable reason, shall be punished by imprisonment for not more than six months, or a fine not exceeding one million won.

Article 86 (Desertion, Body Injury, etc.)

Any persons who desert, abscond, or injure their bodies or commit any deceitful act, with the intention of evading the military service or having that service reduced or exempted, shall be punished by imprisonment for not less than one year but not more than five years. <Amended by Act No. 7541, May 31, 2005>

Article 87 (Evasion of Draft Physical)

Article 85 ~ 87

(1) Any person who has received a notice of the draft physical or physical examination and fails to undergo such examination at the designated date without any justifiable reason, shall be punished by imprisonment for not more than 6 months.

(2) Any person who undergoes the draft physical or the physical examination in the place of the person under obligation to undergo the said examination, shall be punished by imprisonment for one to three years.

Article 88 (Evasion of Enlistment)

(1) Persons who have received a notice of enlistment in the active service or a notice of call (including a notice of enlistment through recruitment) and fail to enlist in the army or to comply with the call, even after the expiration of the following report period from the date of enlistment or call without any justifiable reason, shall be punished by imprisonment for not more than three years: Provided, That persons who have received a notice of check-up to provide the wartime labor call under Article 53 (2), are absent from the check-up at the designated date and time without any justifiable reason, they shall be punished by imprisonment for not more than six months, or by a fine not exceeding two million won, or with penal detention: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999; Act No. 7272, Dec. 31, 2004>

1. Three days in cases of enlistment in active service;

2. Three days

Article 88

in cases of public interest service personnel call;

3. Three days in cases of a call for education; or

4. Two days in cases of a military forces mobilization call and a wartime labor call.

(2) Any person who enlists in the army or complies with a call, in place of the person to be enlisted or called after receiving the notices as referred to in paragraph (1), shall be punished by imprisonment for one to three years: Provided, That any person who attends the check-up in place of the person under obligation to pass the check-up for the wartime labor call under Article 53 (2), shall be punished by imprisonment for not more than one year. <Amended by Act No. 5271, Jan. 13, 1997>

Article 89 (Proxy Service of Public Interest Service Personnel)

Any person who serves by proxy for one of the public interest personnel shall be punished by imprisonment for one to three years.

Article 89-2 (Desertion from Service of Public Interest Service Personnel, etc.)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years: <Amended by Act No. 5757, Feb. 5, 1999; Act No. 7541, May 31, 2005>▷

Article 89 ~ 89-2

1. Public interest service personnel who have deserted the service or have not served in the field concerned for a period of eight days or more without any justifiable reason;

2. Public health doctors, doctors in exclusive charge of draft physical or international cooperation doctors who have deserted the service area, or have not been engaged in the affairs in the field concerned, for a total period of eight days or more, without any justifiable reason; and

3. Public-service advocates who have deserted their place of service, or have not been engaged in the affairs of the field concerned, for a total period of eight days or more, without any justifiable reason.

[This Article Newly Inserted by Act No. 4840, Dec. 31, 1994]

Article 89-3 (Violation of Service Obligation by Public Interest Service Personnel)

Where the public interest service personnel have been subject to warning disposition for not less than four times in total due to the reasons falling under any of Article 33 (1) 1 through 4, they shall be punished by imprisonment for not more than one year.

Article 89-3

[This Article Newly Inserted by Act No. 7541, May 31, 2005]

Article 90 (Evasion of Military Forces Mobilization Call)

(1) Persons who have received a notice of military forces mobilization call, and who fail to enlist in the army or to attend the check-up at the designated date and time, without any justifiable reason, shall be punished by imprisonment for not more than six months, or by a fine not exceeding two million won, or a penal detention. <Amended by Act No. 5271, Jan. 13, 1997>

(2) Any persons who enlist in the army or attend the check-up in place of the person subject to be enlisted or to attend the check-up after receiving the notice of military forces mobilization call, shall be punished by imprisonment for not more than one year.

Article 91 (Issuance of False Certificate, etc.)

Any public official, doctor or dentist who issues any false document, certificate or medical certificate, with the intention of postponing or exempting from duty of military service, or shortening the service period as prescribed by this Act, of any person under obligation to serve in the military, shall be punished by imprisonment for one to ten years. In such cases, the suspension of the license for not more than ten years may be imposed concurrently.

Article 92 (Violation, etc. of Transfer or Liability for Engagemen

Article 90 ~ 92

t of Technical Research Personnel, etc.)

(1) In case where an employer enlists or transfers anyone who is related by the kinship of cousin or closer affinity with the chief executive officer of the designated enterprise in or to such enterprise as a technical research personnel or a skilled industrial personnel in violation of Article 38-2, and in case where an employer fails to get any technical research personnel or skilled industrial personnel who is fulfilling his compulsory service to work for the designated enterprise in the relevant field in violation of Article 39 (3), such employer shall be punished by a fine of not less than 2 million to not more than 20 million won. <Amended by Act No. 7272, Dec. 31, 2004>

(2) In case where an employer or a person who takes charge of the affairs concerning the national skill verification or license, commits any offense in connection with the transfer of technical research or skilled industrial personnel as prescribed in Article 36, the adjustment of the posterior order in the military forces mobilization call or the wartime labor call as prescribed in Article 67, he shall be punished by imprisonment for not more than three years. <Amended by Act No. 5271, Jan. 13, 1997>

Article 93 (Violation, etc. against Prohibition of Employment and Guarantee of Reinstatement)

(1) In case where an employer employs as executive officer or employee, any person

Article 93

who fails to discharge the duty of the military service, or fails to release such person in office from his office, in violation of the provisions of Article 76 (1) or (3), he shall be punished by imprisonment for not more than six months, or a fine of two million to twenty million won.

(2) In case where the head of a school or an employer refuses a reinstatement to school or resumption of office without any justifiable reason, in violation of the provisions of Article 73 or 74 (1), he shall also be punished by the same penalty as prescribed in paragraph (1).

(3) In case where an employer fails to calculate the compulsory service period as actual service period, or treats unfavorably any person for the reason that he is to discharge, is discharging (limited to those in the recruit service holding their offices), or has discharged, the military service by conscription or call, he shall be punished by a fine of three million to thirty million won.

Article 94 (Violation against Liability for Obtaining Permission for Overseas Travel)

Persons who depart from Korea and stay in a foreign country without obtaining permission as prescribed in Article 70 (1) or (3), or who fail to return to Korea within the permitted period without any justifiable reason (including those who fail to return to Korea in violation of an order to return home under Article 83 (2) 9), shall be punished by imprisonment for not more

Article 94

than thr yars. <Amndd by Act No. 6749, Dc. 5, 2002>

Article 95 (Fine for Negligence)

(1) Deleted. <by Act No. 7430, Mar. 31, 2005>

(2) In case where an employer fails to comply with the request for furnishing data or the question provided for in Article 81 (3) without any justifiable grounds, he shall be punished by a fine for negligence not exceeding 3 million won. <Newly Inserted by Act No. 7272, Dec. 31, 2004>

(3) The fine for negligence as referred to in paragraph (2) shall be imposed and collected by the Commissioner of the Military Manpower Administration under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 7272, Dec. 31, 2004; Act No. 7430, Mar. 31, 2005>

(4) Any person who is dissatisfied with the disposition of the fine for negligence as referred to in paragraph (3), may appeal to the Commissioner of the Military Manpower Administration, within thirty days after he is informed of such disposition. <Amended by Act No. 7272, Dec. 31, 2004>

(5) The Commissioner of the Military Manpower Administration shall, upon receiving the appeal under paragraph (4), notify without delay the competent court thereof, which shall, upon receiving the notification, bring the case of the fine for negligence to trial under the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 7272, Dec. 31, 2004>

Article 95

(6) If no appeal is made and no fine for negligence is paid in the period as referred to in paragraph (4), the Commissioner of the Military Manpower Administration shall entrust the head of the competent district tax office with the collection of such fine for negligence according to examples of the disposition of the national taxes in arrears. <Amended by Act No. 7272, Dec. 31, 2004>

Article 96 (Punishment of Juristic Person)

If an employer commits the offense as prescribed in Article 84 (2), 92 or 93, the juristic person shall also be punished by a fine of three million to thirty million won, in addition to the punishment of the offender.

Article 97 (Aggravation of Penalty in Wartime, etc.)

With respect to any persons who commit any offense as prescribed by this Act, in a wartime or emergency, or in the event that the order of military forces mobilization is issued, the penalties as prescribed in the respective Article shall be aggravated at least by one-half of the prescribed maximum penalty.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1994: Provided, That the draft

Addenda

physical held in the residence under Article 11, and the public interest service personnel call as prescribed in Article 29, shall enter into force on January 1, 1995. In this case, the draft physical to be held up to December 31, 1994 shall be governed by the previous Article 11 (excluding paragraph (3)).

Article 2 (Repealed Acts)

(1) The Act on the Regulation of Special Cases of Compulsory Military Service (hereinafter referred to as "Special Case Regulation Act") shall hereby be repealed.

(2) The Presidential Decree and the Ordinance of the Ministry of National Defense which were enacted by the Special Case Regulation Act repealed under paragraph (1)and the previous Military Service Act, shall be effective until the Presidential Decree and the Ordinance of the Ministry of National Defense as prescribed by this Act are enacted, unless they are contrary to this Act.

Article 3 (Transitional Measures concerning Recruit Service)

The recruit service which is subject to the previous provisions at the time this Act enters into force, shall be considered as the recruit service as prescribed by this Act: Provided, That any person who is transferred to the second militia service under Articles 4 (3) and 11 of the Addenda shall be excluded.

Article 4 (Transitional Measures concerning Implementation of Defe

Addenda

nse Call of Those in Recruit Service)

(1) For those (including those who underwent the draft physical prior to December 31, 1993, and the disposition of whose military service is changed to the recruit service from January 1, 1994 to December 31, 1994) to be called out for defense pursuant to the previous provisions at the time this Act enters into force, such defense call shall be implemented pursuant to the previous provisions up to December 31, 1994, but those not called out by that time shall be called out as the public interest service personnel to serve for one year and six months: Provided, That for those who were born before December 31, 1972, and fall under subparagraph 2 or 3 of the previous Article 54 (1), the service period or the defense call or public interest service personnel may be shortened by application to six months. <Amended by Act No. 4840, Dec. 31, 1994>

(2) For those to be enlisted in the active service, who reside in any vulnerable areas, such as coastal areas, etc. where the penetration of the enemy or an armed communist guerrilla is anticipated, and agrarian and fishing villages, they may be transferred to the recruit service pursuant to the previous provisions by December 31, 1994, to implement the defense call.

(3) Persons who have been called out for defense and are in service pursuant to the previous provisions, at the time this Act enters into force, and persons subject to be called out for defense or who are called out for it, under paragraph (1) or (2), falling

Addenda

under Article 62 (1) 1 or 65 (1) 3, they may be transferred to the second militia service.

(4) Matters concerning the reduction, exemption, etc., of the military service of persons who were called out for defense and are in service, pursuant to the previous provisions at the time this Act enters into force; persons subject to be called out for defense; or persons who are called out, under paragraph (1) or (2), shall be subject to the preceding Articles 55 (3), 57 (1) (excluding subparagraph 3), 58, 60, and 55 (2) of the Military Service Act in force before February 1, 1991 (limited to those called out and in service pursuant to the previous provisions at the time this Act enters into force, and those called out for the defense and in service under paragraph (1) or (2), who are born before December 31, 1972).

(5) The service of persons who are called out and in service pursuant to the previous provisions at the time this Act enters into force, and persons who are called out for defense and in service under paragraph (1) or (2), shall be subject to the previous provisions, but the number of days in which they have been confined in a stockade, shall be counted in his service period.

(6) The compensation and medical care of persons who are called out for defense and are in service pursuant to the previous provisions at the time this Act enters into force, and persons who are called out for defense and are in service under paragraph (1) or (2), shall be governed by the provisions of the preceding

Addenda

Article 65 (1) and (2).

(7) With respect to the age of exemption from duty of call-up for persons subject to be called out for defense under the previous provisions, but who evade the call for defense without justifiable reason, at the time this Act enters into force, and persons who evade the call for defense as prescribed in paragraph (1) or (2) without justifiable reason, the provisions of Article 71 (1) 1 shall apply mutatis mutandis.

Article 5 (Transitional Measures concerning Special Recruit Service)

(1) Any persons who are transferred to, and serve in, the special recruit service as research or skilled personnel pursuant to the previous Special Case Regulation Act at the time this Act enters into force, shall be considered as technical research or skilled industrial personnel as prescribed in Article 36.

(2) Notwithstanding the provisions of Article 36, those to be called out for defense under Article 4 (1) of the Addenda may be transferred to serve as technical research or skilled industrial personnel until December 31, 1994.

(3) The defense call to persons who are serving as technical research or skilled industrial personnel at the time this Act enters into force, or as technical research or skilled industrial personnel to be transferred under paragraph (2), but whose transfer is cancelled by December 31, 1994, shall be governed by the

Addenda

provisions of Articl 4 of th Addnda.

(4) The change of assignment, transfer to special recruit service, transfer to the military register of officers, etc. in reserve service, or service, of those to whom apply the provisions of Articles 4, 5, 6, 7, 9 or 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157), at the time this Act enters into force, shall be governed by the provisions of the Military Service Act or the Act on Special Measures for Special Cases concerning Compulsory Military Service for Certain Graduates, etc. of Postgraduate Schools, which was in force before April 1, 1990.

(5) Notwithstanding the provisions of paragraph (4), the service period of persons as referred to in paragraph (4), who are art or athletic meritocrats, and have been or are transferred to the special recruit service, shall be the compulsory service period of public interest service personnel as prescribed in Article 26 (1) 3.

(6) Notwithstanding the provisions of Article 34 (1), persons among those as referred to in paragraph (4), who have been or are transferred to the military register of officers in medical reserve service, may be engaged as public health or international cooperation doctors.

(7) Notwithstanding the provisions of Article 71, if persons falling under paragraph (4) (excluding those to whom the provisions of Article 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157) apply), fall under Articles 43 (3),

Addenda

46 (2) or 51 (2) of the Military Service Act in force before April 1, 1990, they may be enlisted in the active service, or called out as public interest service personnel: Provided, That any persons subject to be called out for defense, shall be called out for defense under Article 4 of the Addenda, until December 31, 1994.

(8) In case where person to whom the provisions of Article 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157) apply, fall under Articles 43 (3), 46 (2) or 51 (2) of the Military Service Act in force before April 1, 1990, they shall be enlisted in the active service, or called out for defense, under said Military Service Act, but persons not subject to be enlisted in the active service on January 1, 1995, shall be called out as public interest service personnel. In such cases, the call for defense shall be governed by the provisions of Article 4 of the Addenda.

(9) Any persons who have received a military education under Article 16 of the previous Special Case Regulation Act at the time when this Act enters into force, shall be considered to have received the military education under this Act.

Article 6 (Transitional Measures concerning Those Subject to be Called out for Military Forces Mobilization)

Those who are called out for defense, are in service, or have completed such service, pursuant to the previous provisions, and those who are called out for defense, are in service, or have completed such service, under Article 4 (1) or (2) of the Addenda,

Addenda

at the time when this Act enters into force shall be considered as those subject to be called out for the military forces mobilization under this Act.

Article 7 (Transitional Measures concerning Persons Subject to be Called out for Military Education)

Any persons falling under any of the following subparagraphs, shall be considered subject to be called up for wartime labor or military education under Articles 53 and 55 (1): <Amended by Act No. 5271, Jan. 13, 1997>

1. Persons who are transferred to the second militia service under Article 4 (3) of the Addenda;

2. Persons who are transferred to the second militia service under Article 11 of the Addenda; or

3. Persons who are exempted from the call for defense under the previous Article 58 (2).

Article 8 (Transitional Measures concerning Shortening of Service Period of Those who Have Received Student Military Education)

Notwithstanding the provisions of Article 57 (1), the shortening of the service period of the defense servicemen who are students attending high schools or higher than the high school level, and have received military education, at the time when this Act enters into force, shall be governed by the previous provisions.

Addenda

Article 9 (Transitional Measures concerning Service Period of Officers, etc. in Medical, Judicial and Religious Services)

The service period of those who are entered in the military register of officers in active service in the field of medical, judicial or religious affairs, or in that of cadet officers in special branches of the army and in that of officers in the active service in basic branches of the army, under the previous Article 50, at the time when this Act enters into force, shall be governed by the previous provisions.

Article 10 (Transitional Measures concerning Those Expelled from Military Register of Cadet Officers in Special Branches of Army)

The call for defense of those who are expelled from the military register of cadet officers in special branches of the army, at the time when this Act enters into force, shall be governed by the provisions of Article 4 of the Addenda up to December 31, 1994, notwithstanding the provisions of Article 58 (3).

Article 11 (Transitional Measures concerning Transfer of Those Assigned to Recruit Service owing to Domestic Circumstances, to Second Militia Service)

Those who are assigned to recruit service, and those who are in recruit service,

Addenda

but are exempted or released from the call for defense, under the previous Article 54 (1) 1 or 57 (1) 3, at the time when this Act enters into force, shall be considered to have been transferred to the second militia service under Article 62 (1) 1 or 65 (1) 3.

Article 12 (Transitional Measures concerning Reduction, etc., of Service Period owing to Domestic Circumstances)

The reduction of or exemption from military service for those who fall under the preceding Article 54 (1) 2 or 3, shall be subject to the following subparagraphs:

1. For persons born before December 31, 1972, the period of the active service (including the service as prescribed in Articles 21, 24 and 25), or service as public interest service personnel, may be shortened to six months, notwithstanding the provisions of Article 63 and the previous Article 55 (2);

2. For persons born before December 31, 1974, the provisions of the previous Articles 54 and 55 (2) shall apply, notwithstanding the provisions of Articles 62 (1) and 63 (2); and

3. For persons who are transferred under Article 5 or 6 of the previous Special Case Regulation Act, at the time this Act enters into force, the provisions of Article 7 (2) of the previous Special Case Regulation Act shall apply.

Addenda

Article 13 (Transitional Measures concerning Report on Overseas Travel)

Those who have completed defense call service, and those who are exempted from the call for defense, at the time when this Act enters into force, and those who have completed defense call service, and those who are exempted from the call for defense, under Article 4 of the Addenda, shall be considered as those under obligation to report overseas travel under this Act.

Article 14 (Transitional Measures concerning Deliberative Committee of Special Cases on Military Service, etc.)

The Committee for Deliberation on Special Cases of Military Service as prescribed in Article 9 of the previous Special Case Regulation Act at the time when this Act enters into force, shall exist until the Military Affairs Deliberative Committee as prescribed by this Act is organized, and any act performed by this Committee to that time shall be considered as the act performed by the Military Affairs Deliberative Committee as prescribed by this Act.

Article 15 (Transitional Measures concerning Administrative Disposition, etc.)

Any dispositions of military service made by the Administrator of the Military Manpower Administration, director of the regional military

Addenda

manpower office, etc., other act of any administrative agency, various applications, or other acts to the administrative agencies, pursuant to the previous provisions or under the previous Special Case Regulation Act, at the time when this Act enters into force, shall be considered as the corresponding act of or to the administrative agencies according to the provisions of this Act.

Article 16 (Transitional Measures concerning Penal Provisions)

(1) Any offenses in violation of the Military Service Act or the Special Case Regulation Act before this Act enters into force, shall be subject to the penal provisions of the previous Military Service Act or the Special Case Regulation Act: Provided, That any persons who violate the liability for report as prescribed in Article 73 (1) of the previous Military Service Act shall be subject to the provisions of Article 84 (1).

(2) Notwithstanding the provisions of Article 88 (1), any act evading the enlistment by the call for defense under Article 4 (1) or (2) of the Addenda, shall be subject to the previous penal provisions.

Articles 17 and 18 Omitted.

Article 19 (Relationships with Other Acts and Subordinate Statutes)

In cases where the provisions of the previous Military Service Act or the

Addenda

Special Case Regulation Act are cited or applicable in other Acts and subordinate statutes at the time when this Act enters into force, if this Act includes the provisions corresponding to them, this Act or the corresponding provisions of this Act shall be considered to be cited or applicable in place of the previous provisions, respectively.

ADDENDA <Act No. 4840, Dec. 31, 1994>

(1) (Enforcement Date) This Act shall enter into force on January 1, 1995: Provided, That the amended provisions of Article 79 (2) shall enter into force on January 1, 1996.

(2) (Transitional Measures concerning Cancellation, etc., of Transfer of Public Health Doctor) The cancellation of transfer, enlistment in the active service or a call as public interest service personnel, of any public health doctors falling under Article 35 (1) 3 at the time when this Act enters into force, shall be subject to the previous provisions.

(3) (Transitional Measures concerning Service Period of Public-Service Advocate) The military service period of persons who were transferred to the military register of the cadet officers in special branches of the army in the judicial affairs field prior to December 31, 1993, and who have been transferred to serve as the public-service advocates without being transferred to the military register of officers in active service in the judicial affairs field, shall be the same period as those who were transferred to the cadet officers in special branch

Addenda

es of the army in the judicial affairs field prior to December 31, 1993, and are transferred to the military register of officers in active service in the judicial affairs field. In such case, the period of the call for military education as prescribed in Article 55 (1) and the period of the call for service education as prescribed by the Public-Service Advocates Act, shall be included in the military service period.

(4) (Transitional Measures concerning Service Period of Officers having completed Courses of Student Military Cadet Officer) The service period of officers or noncommissioned officers who have completed the courses of student military cadets as prescribed in Article 57, and who are in service, and those who are in courses of student military cadets, at the time when this Act enters into force, shall be subject to the previous provisions.

(5) (Transitional Measures concerning Transfer of Officers, etc. to Recruit Service) Any officers, warrant officers or noncommissioned officers who are transferred to the recruit service pursuant to the previous provisions at the time when this Act enters into force, and whose transfer to the recruit service is not cancelled under Article 66 (3) through (5), shall be considered to have been transferred to serve as officers, warrant officers or noncommissioned officers in the recruit service under the amended provisions of Article 66 (1). In case any officers, warrant officers or noncommissioned officers are transferred to the recruit service pursuant to the previous provisions and their status is not cancelled due to their de

Addenda

aths, this provision shall also be applicable.

ADDENDA <Act No. 5153, Aug. 8, 1996>

Article 1 (Enforcement Date)

This Act shall, within thirty days after its promulgation, enter into force on the enforcement date of the Presidential Decree relating to organization of the Ministry of Maritime Affairs and Fisheries, and the National Maritime Police Agency.

Articles 2 through 4 Omitted.

ADDENDA <Act No. 5161, Aug. 16, 1996>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Transitional Measures concerning Compensation, etc.)

Any bereaved families of persons who have died while serving as public interest service personnel as prescribed in Article 26 (1) 1, and persons who are transferred to the second militia service or exempted from the military service owing to any official wounds or diseases contracted while on duty, and their families before the enforcement of this Act, shall receive an indemnity under the amended provisions of Articles 75 and 75-2.

ADDENDA <Act No. 5271, Jan. 13, 1997>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force on May 1, 1997.

Article 2 (Examples of Application )

The amended provisions of Article 41 (4) shall apply firstly in cases where the cause for cancellation of the transfer to service as technical research or skilled industrial personnel occurs.

Article 3 (Transitional Measures on Selection of Persons Subject to be Called for Full Time Reserve Service)

Any persons who have applied as persons to be called for the full time reserve service prior to entry into force of this Act, shall be selected as persons to be called the for full time reserve service pursuant to the previous provisions.

Article 4 (Transitional Measures on Selection of Designated Enterprises)

Any research institutions, key enterprises and defense enterprises which have been selected as the designated enterprises pursuant to the previous provisions at the time of entry into force of this Act, shall be deemed to have been selected as the designated enterprises pursuant to this Act.

Article 5 Omitted.

Addenda

ADDENDUM <Act No. 5454, Dec. 13, 1997>

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

ADDENDA <Act No. 5757, Feb. 5, 1999>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 6, 9, 10, 11 (1) and 69 shall enter into force on July 1, 1999.

Article 2 (Examples of Application)

(1) Dispositions taken to warn of persons who have failed to follow justifiable service orders given under the provisions of Article 33 (1) shall apply to the case where the reasons take place for the warnings after January 1, 1999 and persons who fall under the reasons for canceling their service as the public interest service personnel under the previous provisions of Article 33 (1) 4 shall be dealt with according to the previous provisions notwithstanding the amended provisions of Article 33 (1).

(2) The amended provisions of Article 71 (1) 6 through 8 shall apply to persons who have been born after January 1, 1969.

Article 3 (Transitional Measures concerning Call of Public Interes

Addenda

t Service Personnel)

The public interest service personnel under the previous provisions of Article 26 (1) 2 at the time of enforcement of this Act shall be called until December 31, 2000 and the call, the service and the cancellation of the call, etc. shall be dealt with according to the previous provisions.

Article 4 (Transitional Measures concerning Transfer of Medical Reserve Officers to Doctors in Exclusive Charge of Draft Physical)

Persons, who are subject to the application of the provisions of Article 5 (4) and (6) of the Addenda of the amended Military Service Act (Act No. 4685) at the time of enforcement of this Act, may be transferred to the doctors in exclusive charge of draft physical notwithstanding the amended provisions of Article 34.

Article 5 (Transitional Measures concerning Administrative Dispositions, etc.)

Military service dispositions taken by the Commissioner of the Military Manpower Administration and directors of regional military manpower offices, acts performed by administrative agencies, various applications made, or acts performed against administrative agencies at the time of enforcement of this Act shall be deemed acts performed by and against the administrative agencies under this Act.

Addenda

Article 6 (Transitional Measures concerning Penal Provisions and Fine for Negligence)

The application of penal provisions and a fine for negligence to acts performed before the enforcement of this Act shall be dealt with according to the previous provisions.

Article 7 Omitted.

Article 8 (Relations with Other Acts and Subordinate Statutes)

Where other Acts and subordinate statutes cite or apply mutatis mutandis any provision of the previous Military Service Act at the time of entry into force of this Act, the corresponding provision, if any, of this Act shall be deemed to be cited or applied mutatis mutandis in lieu of the previous provision.

ADDENDA <Act No. 5758, Feb. 5, 1999>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2000.

Articles 2 through 11 Omitted.

ADDENDA <Act No. 6058, Dec. 28, 1999>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended pro

Addenda

visions of Articles 7 (1), 36 (5), 70 (1), (2) and (5), 78 (1) and (2), 83 (2) 7, and 84 shall enter into force on January 1, 2000.

(2) (Transitional Measures concerning Administrative Disposition) Any military service disposition taken, orders given, or other actions taken by the director of a military manpower branch office, or applications or reports made or actions taken toward the director of a military manpower branch office under the previous provisions at the time of entry into force of this Act shall be deemed to be actions, etc. taken by or toward the director of the regional military manpower office, respectively.

(3) (Transitional Measures concerning Penal Provisions) The application of the penal provisions to any acts performed prior to the enforcement of this Act shall be dealt with according to the previous provisions.

ADDENDA <Act No. 6287, Dec. 26, 2000>

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amendments to Articles 2 (1) 9, 26 (1) 4 and (2), 27 (2), 28 (1), 29 (1) 2, 31 (7) and (8), 32 (4) and (5), and 33 (2) and (5), subparagraph 1 of Article 68, and Article 71 (1) 2 shall enter into force on January 1, 2001.

(2) Omitted.

(3) (Transition

Addenda

al Measures concerning Dispositions, etc.) At the time when this Act enters into force, actions taken by administrative agencies such as decision or transfer, or those taken toward administrative agencies such as request for assignment or recommendation under the previous provisions, shall be deemed to be actions taken by or toward administrative agencies under this Act.

ADDENDA <Act No. 6290, Dec. 26, 2000>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

Articles 2 through 4 Omitted.

ADDENDA <Act No. 6502, Aug. 14, 2001>

Article 1 (Enforcement Date)

This Act shall enter into force one month after the date of its promulgation.

Article 2 Omitted.

ADDENDUM <Act No. 6547, Dec. 29, 2001>

This Act shall enter into force on July 1, 2002.

ADDENDUM <Act No. 6749, Dec. 5, 2002>

Addenda

This Act shall enter into force on the date of its promulgation.

ADDENDUM <Act No. 6809, Dec. 26, 2002>

This Act shall enter into force three months after the date of its promulgation.

ADDENDA <Act No. 6972, Sep. 3, 2003>

Article 1 (Enforcement Date)

This Act shall enter into force after the lapse of three months from the date of its promulgation: Provided, That the amended provisions of Article 37 shall enter into force on the date of its promulgation and the amended provisions of Articles 18 (2), 19 (1), 30 (1) and 39 (1) shall enter into force on October 1, 2003.

Article 2 (Application Example concerning Physical Examination for Active Service Volunteers)

The amended provisions of Articles 11 (5), 12 (1) and (3), 13 (1) and 14 (1) shall apply, starting with the physical examination for active service volunteers that is first held after the enforcement of this Act.

Article 3 (Application Example concerning Persons Disqualified from Military Service Following Physical Examination for Active Servi

Addenda

ce)

The amended provisions of Articles 17 and 58 (5) and (6) shall apply, starting with any person who undergoes the physical examination that is held by the commanding officer of any enlistment military unit after the enforcement of this Act.

Article 4 (Application Example concerning Service Period for Those in Active Service)

The service period or the compulsory service period for those in active service, public interest service personnel, technical research personnel and skilled industrial personnel provided for in the amended provisions of Articles 18 (2), 19 (1), 30 (1) and 39 (1) shall apply, starting with any person who is enlisted, called up or transferred on or after October 1, 2003.

Article 5 (Application Example concerning Transfer of Technical Research Personnel)

The amended provisions of Article 38-2 shall apply, starting with any person who intends to be transferred or change his job to a technical research personnel or a skilled industrial personnel after the enforcement of this Act.

Article 6 (Special Case concerning Service Period for Those in Active Service)

Addenda

Efforts shall be made to shorten the service period and the compulsory service period for any person who is enlisted in, called up, or transferred to any military unit on or before September 30, 2003 taking into account the amended provisions of Articles 18 (2), 19 (1), 30 (1) and 39 (1) and the circumstances surrounding the supply and demand of the military strength, and the specific shortening of the service period and the compulsory service period by the enlistment time for those in active service shall be determined by the Minister of National Defense while the specific shortening of the service period and the compulsory service period for public interest service personnel, technical research personnel and skilled industrial personnel shall be determined by the Minister of National Defense at the request of the Commissioner of the Military Manpower Administration.

ADDENDA <Act No. 6997, Dec. 11, 2003>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 through 4 Omitted.

ADDENDA <Act No. 7186, Mar. 11, 2004>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso

Addenda

Omitted.)

Articles 2 through 5 Omitted.

ADDENDA <Act No. 7272, Dec. 31, 2004>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Application Example concerning Compulsory Service Period for Technical Research Personnel)

The amended provisions of Article 39 (1) 1 shall apply, starting with technical research personnel who are first enlisted after the enforcement of this Act.

Article 3 (Application Example concerning Notification of Changes in Personnel Affairs following Absences without Permission of Technical Research Personnel or Skilled Industrial Personnel)

The amended provisions of subparagraph 2-2 of Article 40 and Article 41 (1) 1-2 shall apply, starting with the absence without permission of technical research personnel or skilled industrial personnel that first occurs after the enforcement of this Act.

Article 4 (Application Example concerning Coordination of Ages App

Addenda

licable to Exemption from Liability for Enlistment, etc. for Persons Who Restore Their Nationalities)

The amended provisions of Article 71 (1) 11 shall apply, starting with anyone who acquires his nationality of the Republic of Korea after obtaining the permission of restoring his nationality after the enforcement of this Act.

Article 5 (Application Example concerning Dodgers of Enlistment)

The amended provisions of Article 88 (1) 1 shall apply, starting with anyone who first receives an enlistment notice.

Article 6 (Transitional Measures concerning Compulsory Service Period for Technical Research Personnel Who Are Fulfilling Their Compulsory Service)

The compulsory service period for the technical research personnel who are enlisted prior to the enforcement of this Act shall be shortened taking into account the amended provisions of Article 39 (1) 1. In this case, the compulsory service period for the technical research personnel shall be shortened under the conditions that are prescribed by the Minister of the National Defense at the request of the Commissioner of the Military Manpower Administration.

Article 7 (Transitional Measures concerning Revocation of Disposition Taken to Exempt Military Service for Anyone Who Obtains Perman

Addenda

ent Resident Status, etc. with His Family Overseas)

The revocation of the disposition taken to exempt the military service for anyone who is subject to the disposition taken to exempt his military service pursuant to the previous provisions of Articles 64 (1) 2 and 65 (2) at the time of enforcement of this Act shall be governed by the previous provisions of Article 65 (4).

ADDENDA <Act No. 7430, Mar. 31, 2005>

(1) (Enforcement Date) This Act shall enter into force on July 1, 2005.

(2) (Transitional Measures concerning Cancellation of Call-up, etc. of Public Interest Service Personnel) In case where a fine for negligence is or has been imposed on any guarantor of the public interest service personnel, the technical research personnel or the skilled industrial personnel pursuant to the previous provisions of Article 95 and paragraph (3) of the Addenda at the time o the enforcement of this Act, the cancellation of the call-up or enlistment of such person shall be governed by the previous provisions.

(3) (Transitional Measures concerning Fine for Negligence) The imposition or collection of a fine for negligence on or from the guarantor who has obtained permission for overseas travel or permission for extending the overseas travel period pursuant to the previous provisions of Article 70 (1) or (3) prior to the enforcement of this Act shall be governed by the previous pr

Addenda

ovisions: Provided, That the same shall not apply to the guarantor who guarantees returning home of the person for whom the permission for overseas travel or the permission for extending such overseas travel period does not expired.

ADDENDA <Act No. 7541, May 31, 2005>

(1) (Enforcement Date) This Act shall enter into force on January 1, 2006.

(2) (Application Examples on Preferential Treatment When Employed) The amended provisions of Article 74-2 shall apply starting with the employment test conducted for the first time after the enforcement of this Act by an institution implementing an employment protection.

(3) (Transitional Measures concerning Warning Disposition) The warning dispositions taken under the previous provisions of Article 33 (1) prior to the enforcement of this Act shall be deemed the warning dispositions under the amended provisions of Article 33 (1) 1 through 4.

ADDENDA <Act No. 7845, Jan. 2, 2006>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 16 Omitted.

Addenda

MILITARY SERVICE ACT
- Articles
- Addenda

1. 병역법

2026-06-09 / 제21769호 / 시행 2026-12-10
MILITARY SERVICE ACT

2. 병역법

2026-02-27 / 제21387호 / 시행 2026-08-28
MILITARY SERVICE ACT

3. 병역법

2025-04-01 / 제20867호 / 시행 2025-04-01
MILITARY SERVICE ACT

4. 병역법

2025-03-18 / 제20808호 / 시행 2025-09-19
MILITARY SERVICE ACT

5. 병역법

2025-01-07 / 제20643호 / 시행 2025-07-08
MILITARY SERVICE ACT

6. 병역법

2024-02-06 / 제20191호 / 시행 2024-08-07
MILITARY SERVICE ACT

7. 병역법

2024-01-09 / 제19950호 / 시행 2024-07-10
MILITARY SERVICE ACT

8. 병역법

2023-10-31 / 제19791호 / 시행 2024-02-01
MILITARY SERVICE ACT

9. 병역법

2023-08-08 / 제19584호 / 시행 2024-02-09
MILITARY SERVICE ACT

10. 병역법

2023-06-20 / 제19477호 / 시행 2023-12-21
MILITARY SERVICE ACT

11. 병역법

2022-12-13 / 제19081호 / 시행 2022-12-13
MILITARY SERVICE ACT

12. 병역법

2022-01-04 / 제18682호 / 시행 2022-07-05
MILITARY SERVICE ACT

13. 병역법

2022-01-04 / 제18681호 / 시행 2022-07-05
MILITARY SERVICE ACT

14. 병역법

2021-12-07 / 제18540호 / 시행 2021-12-07
MILITARY SERVICE ACT

15. 병역법

2021-04-13 / 제18003호 / 시행 2021-07-14
MILITARY SERVICE ACT

16. 병역법

2020-12-22 / 제17684호 / 시행 2021-06-23
MILITARY SERVICE ACT

17. 병역법

2020-12-08 / 제17580호 / 시행 2021-06-09
MILITARY SERVICE ACT

18. 병역법

2020-05-19 / 제17278호 / 시행 2021-05-20
MILITARY SERVICE ACT

19. 병역법

2020-03-31 / 제17166호 / 시행 2020-03-31
MILITARY SERVICE ACT

20. 병역법

2020-03-31 / 제17163호 / 시행 2021-04-01
MILITARY SERVICE ACT

21. 병역법

2020-02-04 / 제16928호 / 시행 2020-08-05
MILITARY SERVICE ACT

22. 병역법

2019-12-31 / 제16852호 / 시행 2020-01-01
MILITARY SERVICE ACT

23. 병역법

2019-04-23 / 제16356호 / 시행 2019-07-24
MILITARY SERVICE ACT

24. 병역법

2019-01-15 / 제16279호 / 시행 2020-01-16
MILITARY SERVICE ACT

25. 병역법

2017-12-19 / 제15270호 / 시행 2019-07-01
MILITARY SERVICE ACT

26. 병역법

2017-11-28 / 제15054호 / 시행 2018-05-29
MILITARY SERVICE ACT

27. 병역법

2017-07-26 / 제14839호 / 시행 2017-07-26
MILITARY SERVICE ACT

28. 병역법

2017-03-21 / 제14611호 / 시행 2017-09-22
MILITARY SERVICE ACT

29. 병역법

2017-02-08 / 제14555호 / 시행 2017-08-09
MILITARY SERVICE ACT

30. 병역법

2016-05-29 / 제14184호 / 시행 2016-11-30
MILITARY SERVICE ACT

31. 병역법

2016-05-29 / 제14183호 / 시행 2016-08-30
MILITARY SERVICE ACT

32. 병역법

2016-05-29 / 제14170호 / 시행 2016-11-30
MILITARY SERVICE ACT

33. 병역법

2016-01-19 / 제13778호 / 시행 2016-01-19
MILITARY SERVICE ACT

34. 병역법

2015-12-15 / 제13566호 / 시행 2016-03-16
MILITARY SERVICE ACT

35. 병역법

2015-07-24 / 제13425호 / 시행 2016-01-25
MILITARY SERVICE ACT

36. 병역법

2014-12-30 / 제12906호 / 시행 2015-07-01
MILITARY SERVICE ACT

37. 병역법

2014-05-28 / 제12684호 / 시행 2014-05-28
MILITARY SERVICE ACT

38. 병역법

2014-05-09 / 제12560호 / 시행 2014-05-09
MILITARY SERVICE ACT

39. 병역법

2013-06-04 / 제11849호 / 시행 2013-06-04
MILITARY SERVICE ACT

40. 병역법

2013-03-23 / 제11690호 / 시행 2013-03-23
MILITARY SERVICE ACT

41. 병역법

2012-12-11 / 제11530호 / 시행 2013-12-12
MILITARY SERVICE ACT

42. 병역법

2011-11-22 / 제11093호 / 시행 2012-05-23
MILITARY SERVICE ACT

43. 병역법

2011-09-15 / 제11042호 / 시행 2012-07-01
MILITARY SERVICE ACT

44. 병역법

2011-07-21 / 제10866호 / 시행 2011-07-22
MILITARY SERVICE ACT

45. 병역법

2011-07-05 / 제10814호 / 시행 2011-07-05
MILITARY SERVICE ACT

46. 병역법

2011-05-24 / 제10704호 / 시행 2011-11-25
MILITARY SERVICE ACT

47. 병역법

2011-05-24 / 제10703호 / 시행 2011-05-24
MILITARY SERVICE ACT

48. 병역법

2010-01-25 / 제9955호 / 시행 2010-07-26
MILITARY SERVICE ACT

49. 병역법

2010-01-25 / 제9946호 / 시행 2010-07-26
MILITARY SERVICE ACT

50. 병역법

2010-01-18 / 제9932호 / 시행 2010-03-19
MILITARY SERVICE ACT

51. 병역법

2009-06-09 / 제9754호 / 시행 2009-12-10
MILITARY SERVICE ACT

52. 병역법

2009-04-01 / 제9620호 / 시행 2009-10-02
MILITARY SERVICE ACT

53. 병역법

2008-02-29 / 제8852호 / 시행 2008-02-29
MILITARY SERVICE ACT

54. 병역법

2007-12-31 / 제8834호 / 시행 2009-01-01
MILITARY SERVICE ACT

55. 병역법

2007-12-21 / 제8749호 / 시행 2008-06-22
MILITARY SERVICE ACT

56. 병역법

2007-07-27 / 제8549호 / 시행 2007-10-28
MILITARY SERVICE ACT

57. 병역법

2007-05-17 / 제8447호 / 시행 2007-05-17
MILITARY SERVICE ACT

58. 병역법

2007-05-17 / 제8435호 / 시행 2008-01-01
MILITARY SERVICE ACT

59. 병역법

2007-05-11 / 제8422호 / 시행 2007-05-11
MILITARY SERVICE ACT

60. 병역법

2007-04-11 / 제8372호 / 시행 2007-04-11
MILITARY SERVICE ACT

61. 병역법

2007-01-19 / 제8243호 / 시행 2007-01-19
MILITARY SERVICE ACT

62. 병역법

2006-10-04 / 제8024호 / 시행 2007-01-01
MILITARY SERVICE ACT

63. 병역법

2006-09-22 / 제7977호 / 시행 2007-01-01
MILITARY SERVICE ACT

64. 병역법

2006-03-24 / 제7897호 / 시행 2006-09-25
MILITARY SERVICE ACT

65. 병역법

2006-01-02 / 제7845호 / 시행 2006-01-02
MILITARY SERVICE ACT

66. 병역법

2005-05-31 / 제7541호 / 시행 2006-01-01
MILITARY SERVICE ACT

67. 병역법

2005-03-31 / 제7430호 / 시행 2005-07-01
MILITARY SERVICE ACT

68. 병역법

2004-12-31 / 제7272호 / 시행 2005-07-01
MILITARY SERVICE ACT

69. 병역법

2004-03-11 / 제7186호 / 시행 2004-03-11
MILITARY SERVICE ACT

70. 병역법

2003-12-11 / 제6997호 / 시행 2003-12-11
MILITARY SERVICE ACT

71. 병역법

2003-09-03 / 제6972호 / 시행 2003-12-04
MILITARY SERVICE ACT

72. 병역법

2002-12-26 / 제6809호 / 시행 2003-03-27
MILITARY SERVICE ACT

73. 병역법

2002-12-05 / 제6749호 / 시행 2002-12-05
MILITARY SERVICE ACT

74. 병역법

2001-12-29 / 제6547호 / 시행 2002-07-01
MILITARY SERVICE ACT

75. 병역법

2001-08-14 / 제6502호 / 시행 2001-09-15
MILITARY SERVICE ACT

76. 병역법

2000-12-26 / 제6290호 / 시행 2001-03-27
MILITARY SERVICE ACT

77. 병역법

2000-12-26 / 제6287호 / 시행 2001-03-27
MILITARY SERVICE ACT

78. 병역법

1999-12-28 / 제6058호 / 시행 1999-12-28
MILITARY SERVICE ACT

79. 병역법

1999-02-05 / 제5758호 / 시행 2000-01-01
MILITARY SERVICE ACT

80. 병역법

1999-02-05 / 제5757호 / 시행 1999-02-05
MILITARY SERVICE ACT

81. 병역법

1997-12-13 / 제5454호 / 시행 1998-01-01
MILITARY SERVICE ACT

82. 병역법

1997-01-13 / 제5271호 / 시행 1997-05-01
MILITARY SERVICE ACT

83. 병역법

1996-08-16 / 제5161호 / 시행 1996-08-16
MILITARY SERVICE ACT

84. 병역법

1996-08-08 / 제5153호 / 시행 1996-08-08
MILITARY SERVICE ACT

85. 병역법

1994-12-31 / 제4840호 / 시행 1995-01-01
MILITARY SERVICE ACT

86. 병역법

1993-12-31 / 제4685호 / 시행 1994-01-01
MILITARY SERVICE ACT

87. 병역법

1992-12-02 / 제4506호 / 시행 1992-12-02
MILITARY SERVICE ACT

88. 병역법

1991-01-14 / 제4317호 / 시행 1991-02-01
MILITARY SERVICE ACT

89. 병역법

1989-12-30 / 제4156호 / 시행 1990-04-01
MILITARY SERVICE ACT

90. 병역법

1988-02-17 / 제3999호 / 시행 1988-02-17
MILITARY SERVICE ACT

91. 병역법

1984-12-31 / 제3778호 / 시행 1985-06-15
MILITARY SERVICE ACT

92. 병역법

1983-12-31 / 제3696호 / 시행 1984-03-01
MILITARY SERVICE ACT

93. 병역법

1982-12-31 / 제3630호 / 시행 1982-12-31
MILITARY SERVICE ACT

94. 병역법

1982-03-30 / 제3544호 / 시행 1982-03-30
MILITARY SERVICE ACT

95. 병역법

1981-12-31 / 제3498호 / 시행 1981-12-31
MILITARY SERVICE ACT

96. 병역법

1981-06-05 / 제3451호 / 시행 1981-06-05
MILITARY SERVICE ACT

97. 병역법

1981-04-17 / 제3445호 / 시행 1981-04-17
MILITARY SERVICE ACT

98. 병역법

1980-12-04 / 제3266호 / 시행 1981-01-01
MILITARY SERVICE ACT

99. 병역법

1979-12-28 / 제3201호 / 시행 1979-12-28
MILITARY SERVICE ACT

100. 병역법

1978-12-05 / 제3111호 / 시행 1979-01-01
MILITARY SERVICE ACT

101. 병역법

1976-12-31 / 제2978호 / 시행 1977-01-01
MILITARY SERVICE ACT

102. 병역법

1975-04-04 / 제2748호 / 시행 1975-04-04
MILITARY SERVICE ACT

103. 병역법

1973-10-10 / 제2625호 / 시행 1973-10-10
MILITARY SERVICE ACT

104. 병역법

1973-01-30 / 제2454호 / 시행 1973-03-02
MILITARY SERVICE ACT

105. 병역법

1973-01-15 / 제2437호 / 시행 1973-01-15
MILITARY SERVICE ACT

106. 병역법

1970-12-31 / 제2259호 / 시행 1971-01-01
MILITARY SERVICE ACT

107. 병역법

1970-08-07 / 제2226호 / 시행 1970-08-07
MILITARY SERVICE ACT

108. 병역법

1967-03-30 / 제1926호 / 시행 1967-03-30
MILITARY SERVICE ACT

109. 병역법

1966-08-03 / 제1834호 / 시행 1966-08-03
MILITARY SERVICE ACT

110. 병역법

1965-07-01 / 제1703호 / 시행 1965-07-01
MILITARY SERVICE ACT

111. 병역법

1963-12-16 / 제1575호 / 시행 1963-12-17
MILITARY SERVICE ACT

112. 병역법

1962-10-01 / 제1163호 / 시행 1962-10-01
MILITARY SERVICE ACT

113. 병역법

1957-08-15 / 제444호 / 시행 1957-08-15
MILITARY SERVICE ACT

114. 병역법

1951-05-25 / 제203호 / 시행 1951-05-25
MILITARY SERVICE ACT

115. 병역법

1949-08-06 / 제41호 / 시행 1949-08-06
MILITARY SERVICE ACT