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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

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to provide 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 and 5758, Feb. 5, 1999>

1. the term “conscription” means that the State imposes a duty to perform

Article 1 ~ 2

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 noncommissioned cadet officer, in active service; or a cadet officer or noncommissioned cadet officer, in the first 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. the term “local administrative agency” means either one of the Si (referring to the Si which has noGu; hereinafter the same shall apply) Gun/Gu and its branch office;

7. the term “secondment” means to convert the status as a military serviceman

Article 2

of a person who is in active service, into another status, so as to be engaged in service as a member of a riot police unit or a guard or warder of the correctional institution;

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 in the public interest to support the services of guard, surveillance and protection as well as administrative work and to promote art and sports, which are all necessary for state organs, local governments, public organizations and social welfare facilities (hereinafter referred to as the "social welfare facilities") installed under the provisions of Article 34 of the Social Services Act 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

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“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 a lawyer, 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 "doctors in exclusive charge of draft physical" means persons with doctor and dental qualifications who are assigned to engage exclusively in the draft physical in the military under Article 34.

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

Article 2

“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 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

Article 3

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 first militia and the 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>

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

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

3. Recruit service:

Article 4 ~ 5

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 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 those transferred to recruit service under this Act;

4. First militia service: those who are under obligation to serve in the military, but are not in the active, reserve, recruit or second militia service; and

5. Second militia service: 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 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, noncommissioned officers or enlisted men in the reserve service; those transferred to recruit service, into noncommissioned officers or enlisted men; and those transferred to the second militia service, into noncommissioned officers or enlisted men in the reserve service.

Article 5

(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.

(2) In the case where a person under obligation to serve in the militaryis absent, the notice as referred to in paragraph (1) shall be served to the head of the household, adult member of his family, his employer or to 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 to the person under obligation to serve in the military when it is served to the person as referred to in the former part of this paragraph.

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

(1) The director of the regional military manpower office having jurisdiction

Article 6 ~ 7

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 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 on his person 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 8

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

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

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

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

CHAPTER Ⅲ DRAFT PHYSICAL

Article 10 (Survey of Persons Subject to Draft Physical)

(1) The director of the regional military manpower office shall survey every

Article 9 ~ 10

ear persons who are obliged to undergo the draft phsical under Article 11 in the following year, prepare necessary documents, such as military registers, etc. to have them 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 cards or alterations in their resident registration cards. <Amended by Act No. 5757, Feb. 5, 1999>

(2) Matters necessary to survey the persons obliged to undergo the draft physical and to prepare military registers, etc. under paragraph (1) shall be prescribed by the Administrator of the Military Manpower Administration. <Amended by Act No. 5757, Feb. 5, 1999>

Article 11 (Draft Physical)

(1) Any person under obligation to serve in the military shall undergo the draft physical at the time and place (referring to a regional military manpower office, a military hospital, etc.: hereinafter the same shall apply)designated by the director of a regional military manpower office 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 No. 5757, Feb. 5. 1999>

(2) In case a person who is required to undergo the draft physical, fails to

Article 11

d s, r if a persn has the draft physical pstpned, and the cause of the postponement expires, he shall undergo the draft physical in the following year.

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

(4) In the draft physical 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, and radiographing, etc., may be taken. <Amended by Act No. 5757, Feb. 5, 1999>

Article 12 (Judgment of Physical Grades)

(1) The doctors in exclusive charge of draft physical 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>

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

Article 12

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 manpower office to deliberate the accuracy of physical grade judgments. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

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

(4) The criteria for judging physical grades referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of National Defense. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

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

(1)The Administrator of the Military Manpower Administration, when he deems it difficult to carry out the draft physical only with the doctors in exclusive charge of the draft physical, may ask the Minister of the National Defense to dispatch military surgeons and appoint medical reserve officers (referring to persons to whom the provisions of Article 9 of the proviso of the

Article 12-2

repealed Act on t Regulation of Special Cases of Compulsory Military Service is applied).

(2) Matters necessary to dispatch the military surgeons and appoint medical reserve officers 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 in Grades Ⅰ through Ⅳ as a result of the draft physical, 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 military force shall assign each of them to a branch of service suitable for his aptitude.

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

Article 14 (Assignment to Military Service)

(1) The director of the regional military manpower office shall assign those who have undergone the draft physical (including those who have undergone the draft physical at military hospitals), to any of the following military services:

Article 13 ~ 14

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 draft physical.

(2) Any person who was subject to a new draft physical under Article 4 (1), but whose physical grade is judged again to be Grade Ⅶ as a result of a new draft physical conducted under Article 12 (3), shall be assigned to the second militia service, under 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 new draft physical. <Amended by Act No. 5271, Jan. 13, 1997; Act No. 6058, Dec. 28, 1999>

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

Article 14

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

(1) The director of the regional military manpower office shall decide by Si/Gun/Gu the order of conscription of those who are assigned to be enlisted in active service as a result of the draft physical.

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

Article 16 (Enlistment in Active Service)

Article 15 ~ 16

(1) The director of the regional military manpower office shall have those whose order of conscription for active services was 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 Administrator 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 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 persons whose enlistment in the army is postponed under Article 60 (2). shall not apply to this.

Article 17 (Draft Physical for Active Service, and Homecoming)

(1) When a person to be enlisted in active service is enlisted in the army, the commanding officer of the military unit to which the person is assigned, shall conduct a draft physical within five days after he enters the military unit.

(2) In case where

Article 17

it is found as a sult of the draft physical, that a person is unfit for the active service, or is deemed to require a period of recuperation not less than fifteen days due to any disease or mental or physical disability, the commanding officer of the military unit to which he is assigned, may have him return to his home with the physical grade or a period of recuperation specified. <Amended by Act No. 5757, Feb. 5, 1999>

(3) The director of the regional military manpower office shall assign the persons who have returned home under paragraph (2) and whose physical grades are specified, to the recruit or the second militia service, or exempt them from military service, depending on their physical grades, and may have persons whose periods of recuperation are specified (including those whose physical grades are in Grade Ⅶ; hereinafter the same shall apply), reenlist in the army, or undergo a reexamination: Provided, That if it is required for those whose physical grades are specified, taking into consideration the type of disease, case history, etc., a reexamination may be conducted. <Amended by Act No. 5757, Feb. 5, 1999>

Article 18 (Active Service)

(1) Those in active service shall serve in military units from the day they are drafted: Provided, That persons, who obtain permission from the Minister of National Defense, may reside outside military units. <Amended by Act No. 5757, Feb. 5, 1999>

(2) The service period of enlisted men (including noncommissioned officers

Article 18

appointed without entering the army by application; hereinafter the same shall apply), shall be as follows:

1. Two years in case of the Army; and

2. Two years and six months in case of the Navy and the Air Force: Provided, That in case of the Marines in the Navy, it shall be two years.

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

Article 19 (Adjustment of Active Service Period)

(1) The Minister of National Defense may adjust the active service period as follows: <Amended by Act No. 5271, Jan. 13, 1997>

Article 19

1. In case where it is required for national defense, due to wartime, emergency, or any similar situations, or a build-up, founding, etc. of military units, he may prolong the active service period for up to one year, with the approval of the President through deliberation of the State Council;

2. In case where an enlisted man is at sea or in active service in a foreign country, in important military operations or exercises, or a special inspection is necessary, he may prolong the active service period for up to three months; and

3. In case where it is required for the adjustment of the full strength of the armed forces or enlisted men, he may shorten the active service period for up to six months.

(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 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 military force. <Newly Inserted by Act No. 5271, Jan. 13, 1997>▷

Article 19

Article 20 (Recruitment of Soldiers for Active Service)

(1) The Administrator of the Military Manpower Administration or the Chief of General Staff of each military force may select persons who are aged 17 or above and have signed up for the military service as soldiers in active service in the Army, the Navy and the Air Force. <Amended by Act No. 5757, Feb. 5, 1999>

(2) The Administrator of the Military Manpower Administration or the Chief of General Staff of each military force shall draft the persons selected as soldiers under paragraph (1) into the active service during a fixed period. In this case, when the persons selected as the soldiers in the active service want their selections canceled, their selections shall 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

Article 20 ~ 21

full time reserve service shall be made to those who were enlisted in the army for full time reserve service by conscription, and who have been transferred to the reserve service after completing the active service 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 enlisted in the active service by conscription. <Amended by Act No. 5271, Jan. 13, 1997>

(3) The criteria for the selection of those to be called for full time reserve service under paragraph (2), shall be determined by the Administrator 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 military force. <Newly Inserted by Act No. 4840, Dec.

Article 21

31, 1994>

(5) Matters necessary to set requirements and procedures for the cancellation referred to in paragraph (4) shall be prescribed by the Administrator 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 military 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 of the regional military manpower 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 military 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

Article 22 ~ 23

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 military force shall dispatch those who are called for the full time reserve service, to any military unit carrying 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.

Article 23

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 Reserves Seconded for Service as Members of the Riot Police Units

Article 24 (Secondment to Members of Riot Police Units)

(1) When the Minister of National Defense receives from the Commissioner General of the National Police Agency or the Commissioner of the National Maritime Police Agency a request for allotment of the estimated personnel to be appointed as the riot policemen whose duties are to carry out counter-espionage operations under Article 3 (1) of the Establishment of Riot Police Units Act, he may 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. <Amended by Act No. 5153, Aug. 8, 1996: Act No. 5757, Feb. 5, 1999>

(2) When the Minister of National Defense receives from the Commissioner General of the National Police Agency or Commissioner of the National

Article 24

Maritime Police Agency a recommendation on those who are to be appointed as riot policemen and whose duties are to assist in public security affairs under Article 3 (2) and (3) of the Establishment of Riot Police Units Act, and those who are to graduate from the Police College and are to serve in the riot police units, he shall regard them as applicants for the active service in the army, and have the director of the regional military manpower office enlist them in the army to undergo the specified military education, and second them for service as the members of the riot police units upon completing the education. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 5757, Feb. 5, 1999>

(3) The period of secondment referred to in paragraphs (1) and (2) shall be until the active service period expires, and the active service shall be considered to have been completed at the expiration of the secondment period, and the secondment shall be canceled to be assigned to the reserve service: Provided, That in cases of riot policemen whose duty is to assist the public security affairs, the secondment period and the service period may be prolonged within the limits of six months, through a consultation between the Minister of National Defense and the Commissioner General of the National Police Agency or Commissioner of the National Maritime Police Agency. <Amended by Act No. 5153, Aug. 8, 1996: Act No. 5757, Feb. 5, 1999>

(4) With respect to those who have been seconded under paragraph (1) or (2), and fall under any of subparagraphs of Article 65 (1), the Commissioner General of the National Police Agency or Commissioner

Article 24

of the National Maritime Police Agency may ask the Minister of National Defense to cancel their secondment. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 5757, Feb. 5, 1999>

(5) The Minister of National Defense shall, upon receiving the request for canceling the secondment under paragraph (4), shall cancel the secondment of those concerned, and take a disposition of discharge or exemption from the military service. <Amended by Act No. 5757, Feb. 5, 1999>

Article 25 (Reserves Seconded for Service as Guard or Warder of Correctional Institution)

(1) The Minister of Justice may request the Minister of National Defense to second the needed personnel to be appointed as guards and warders under Article 3 of the Act on the Establishment of Correctional Institution Guard Units.

(2) The Minister of National Defense may, upon receiving the request referred to in paragraph (1), second such needed personnel from among those who have been enlisted in the active service and completed the specified course of the military education. <Amended by Act No. 5757, Feb. 5, 1999>

(3) The secondment period referred to in paragraph (2) shall be until the active service period expires, and the active service period shall be considered to have been completed at the expiration of the secondment period, and the secondment shall be canceled at that time, and the persons concerned shall be assigned

Article 25

to the reserve service. <Amene by Act No. 5757, Feb. 5, 1999>

(4) In the case where persons who are seconded under paragraph (2), fall under any of subparagraphs of Article 65 (1), the provisions of Article 24 (4) and (5) shall apply mutatis mutandis to request for canceling the secondment, discharge and exemption from military service. In this case, the “Commissioner General of the National Police Agency” or the "Commissioner General of the National Maritime Police Agency" in Article 24 (4) shall be deemed the “Minister of Justice”. <Amended by Act No. 5757, Feb. 5, 1999>

(5) Matters necessary for allotment and secondment of the needed personnel under paragraphs (1) and (2), shall be prescribed by the Presidential Decree. <Amended by Act No. 5757, Feb. 5, 1999>

CHAPTER Ⅴ PERFORMANCE OF RECRUIT SERVICE

SECTION 1 Service of Public Interest Service Personnel

Article 26 (Duties of Public Interest Service Personnel and Those to be Called for it)

(1) Public interest

Article 26

service personnel shall carry out the following activities: <Amended by Act No. 5271, Jan. 13, 1997: Act No. 5757, Feb. 5, 1999>

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

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

(2) The public interest service personnel who are to serve for activities referred to in paragraph (1) 1 and other public interest service personnel who are to serve for activities referred to in paragraph (1) 3 shall be persons who have special ability in arts and sports fields prescribed by the Presidential Decree and are recommended by the Minister of Culture and Tourism, respectively from among reservists or persons to be drafted into the active service. <Amended by Act No. 5757, Feb. 5, 1999>

(3) The public interest service personnel to serve for social welfare facilities under paragraph (1)1 shall be chosen by directors of regional military manpower offices and matters necessary to set standards and procedures for choosing them shall be prescribed by the Administrator of the Military Manpower Administration.

Article 26

(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)

When the Administrator of the Military Manpower Administration, upon receiving any request for assignment of the required number of the public interest service personnel to engage in the service under Article 26 (1) 1 for the following year from the head of a state organ, a local government or a public organization requiring public interest service personnel, shall 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>

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 the region the order of the call-up of those to be called as public interest service personnel: Provided, That for those as prescribed in Article 26 (1) 3, the order in call-up may be determined separately. <Amended by Act No. 5757, Feb. 5, 1999>

(2) The criteria

Article 27 ~ 28

for determining the scope of cll-up by the region nd the order of call-up referred to in paragraph (1) shall be determined by the Administrator 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 of the regional military manpower 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>

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: Service fields.

(2) Notwithstanding the provisions of paragraph (1), the Administrator 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

Article 29

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)

(1) The service period of public interest service personnel shall not exceed two years and eight months: Provided, that in the case of the public interest service personnel as prescribed in Article 26 (1) 3 it shall be three years.

(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 public interest service personnel and the cancellation of the call. <Newly Inserted by Act No. 5271, Jan. 13, 1997: Act No. 5757, Feb. 5, 1999>

(4) The service period, calculation of the service period, release from the call, etc., and other necessary matters, shall be determined by the Presidential Decree.

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

Article 30 ~ 31

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, when he designates or alters their service fields, shall consult 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 service in the fields concerned. <Amended by Act No. 5757, Feb. 5, 1999>

(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 home and returning to home after work, or if it is

Article 31

required depending on the speciality, etc., they may be allowed to work living together.

(5) Heads of Stage 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>

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 within fourteen days: <Amended by Act No. 5757, Feb. 5, 1999>

1. When they desert their service, or fail to serve in the field concerned, without any justifiable reason;

2. When they are warned of the disobedience under Article 33 (1) because they fail to comply with a lawful order of service;

3. When it is

Article 32

deemed impossible for them to attend the service place from their homes, because all of their family has moved the residence to another place; and

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

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

(3) In case where the public interest service personnel as prescribed in Article 26 (1) 3, fail to serve in the field concerned, the Minister of Culture and Tourism shall notify the Administrator of the Military Manpower Administration within fourteen days after said cause occurs. <Amended by Act No. 5757, Feb. 5, 1999>

(4) The director of the regional military manpower office may, upon receiving notification regarding the public interest service personnel falling under paragraph (1) 3 and 4, designate newly institutions for the public interest service personnel to serve as prescribed by the Presidential Decree. In this case, heads of the institutions designated newly shall designate fields and places in which the public interest service personnel 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>

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

Article 33

(1) When a public interest serviceman deserts from his service without any justifiable reasons, he shall be made to serve for a period 5 times the number of desertion days and when he fails to follow the service order, he shall be warned of the disobedience 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 falling under subparagraph 1 of Article 89-2. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6058, Dec. 28, 1999>

(2) In case a person, who is one of the public interest service personnel under the provisions of Article 26 (1) 3, violates duties given when he is permitted to travel overseas under the provisions of Article 94 and a disposition is taken to impose a fine for negligence against his guarantor under the provisions of Article 95, the call on him to serve as one of the public interest service personnel shall be canceled. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

(3)The person, whose call 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 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

Article 33

subparagraph 1 of Article 89-2, shall sve 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:those falling under Article 65 (1) 3 shall not apply to this. <Newly Inserted by Act No. 4840, Dec. 31, 1994>

SECTION 2 Service of Public Health Doctors, etc.

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

(1) The Administrator 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>

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 medical field as prescribed in Article 58 (1) 1 but failed to be transferred;

2. Persons who are entered in the military register of the medical cadet officers in a special branch of the army in the medical field under Article 58 (2) 1 but not entered in that

Article 34

of the active officers in the medical field; and

3. Persons who are qualified for doctors or dentists, and are in the recruit service to be called 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>

(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)

Article 34-2

(1) The Administrator 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 legal cadet officers prescribed in Article 58 (2) 2 but failed to be transferred to in 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.

(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 person

Article 34-2

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 with travel expenses. Matters necessary to set standards for their remuneration, etc. shall be prescribed by the Presidential Decree.

(2) The Administrator 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 draft physical. They may also participate in training programs related to their duties in military hospitals for a period not exceeding three month when they are not engaged in the draft physical.

Article 34-3

(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 draft physical and shall not desert their work places without permission from the Administrator of the Military Manpower Administration without any justifiable reasons.

(5) The Administrator 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, 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

Article 34-3

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 Administrator 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 Administrator 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 reasons;

3. When he deserts his workplace or does not engage in the draft physical for a period of not less than 8 days in violation of the provisions of Article 34-3 (4);

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 and within 3 months after he is missing or his whereabouts are unknown;

Article 34-4

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; and

7. When he does not follow orders given under this Act or by this Act, neglects his duties or he is deemed inappropriate to hold his status as a doctor in exclusive charge of draft physical due to his poor job performance.

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

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

(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 on the grounds of disease or injuries not related to his duties, the Administrator 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

Article 34-5

doctors in exclusive charge of draft physical does not follow orders given in this Act or by this Act or either violates or neglects his duties, the Administrator 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 a 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 Administrator of the Military Manpower Administration, when he intends to deprive a doctor in exclusive charge of draft physical of his status pursuant to the provisions of Article 34-4, shall 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

Article 34-6 ~ 35

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 Administrator 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>

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 fail to be engaged in the service in the field concerned, during a period of exceeding eight days in the aggregate without any justifiable reason;

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

5. When they are recalled as international cooperation doctors under Article

Article 35

9 of the International Cooperation Personnel Act.

(2) In case where the public health doctors, the doctors in exclusive charge of draft physical or international cooperation doctors fall under any of paragraph (1) 1, 2 and 5, and the provisions of Article 34-4, the Administrator of the Military Manpower Administration shall cancel their assignment, and if they fall under paragraph (1) 4, they shall 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>

(3) Persons whose transfer to serve as the public health doctors, the doctors in exclusive charge of draft physical or international cooperation doctors is cancelled under paragraph (2), shall be returned to the status held before the transfer and be enlisted in the active service or be called out 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, the doctors in exclusive charge of draft physical or international cooperation doctors, cancelled, and shall be called to serve as public interest service personnel, as prescribed in Article 26 (1) 1, during the remaining service period, under the conditions as prescribed

Article 35

by the Presidential Decree: Provided, That persons falling under Article 65 (1) 3 shall not apply to this. <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 Administrator 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;

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

Article 35-2

up to seven days, without any justifiable reason.

(2) In case where persons who are transferred to serve as public-service advocates, fall under 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 Administrator 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 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.

Article 35-2

[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 Administrator of the Military Manpower Administration shall designate enterprises (excluding agricultural corporations and aftersale 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>

(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 Administrator of the Military Manpower Administration shall cancel the selection

Article 36

of the designated enterprise status.

(4) The Administrator 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 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] 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

Article 36

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>

(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 under any of the following 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>

1. Persons who have acquired a master’s degree or higher degree, and are engaged in the research institutions selected as the designated enterprises (including those in the recruit service to be called out as public interest service personnel, 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

Article 37

2. Persons who are pursuing a doctor’s degree in natural science at graduate schools selected as research institutions by the Military Affairs Deliberative Committee.

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

Persons who fall under any of the following paragraphs may be transferred to serve as skilled industrial personnel as referred to in Article 36 on their application. In 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>

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

2. Persons who are engaged in defense industrial enterprises or research institutions selected as the designated enterprises from among the research institutions and defense industrial

Article 38

enterprises (including military arsens or military maintenance units) as referred to in Articles 4 and 10 of the Act on Special Measures for Defense Industry;

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 of farming and successors to fishermen, agricultural machines operators of the agricultural corporations and the persons who serve in after-sale service enterprises and are recommended by the head of the competent Si/Gun/Gu.

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

(1) Technical research personnel shall serve compulsorily in the fields concerned for five years, and skilled industrial personnel for three years. When the period of the service is completed, they shall be considered to have completed the service as public interest service personnel. In such cases, the period of study in the course for a doctor’ s degree of the technical research personnel shall not be counted in the compulsory service period.

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

Article 39

education call period sall be counted in te 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 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 the competent regional military manpower office because they are unable to be engaged in the concerned field of the designated enterprise at the time of assignment due to a change in 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 Techni

Article 40

cal 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 is not in existence, competent Special Metropolitan City Mayor, Metropolitan City Mayor and the head of Si/Kun), or the director of fisheries technology management center 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 agricultural technology center or the director of fisheries technology management center who employs skilled industrial personnel in the field of agriculture shall notify the director of the competent regional military manpower office through the head of Si/Gun/Gu of the fact: <Amended by Act No. 5271, Jan. 13, 1997; Act No. 5758, Feb. 5, 1999; Act No. 6058, Dec. 28, 1999>

1. Where such personnel 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 such

Article 40

persons fail to be engaged in the field concerned of the designated enterprises at the time of transfer;

3. Where such persons’ 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, or discontinues its business.

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)

Article 41

(1) In case where persons who are transferred to serve as technical research 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, they 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 Article 40 (2) has the reason prescribed by the Presidential Decree, he may be allowed to serve for an extended mandatory service period which makes up for the period for which he does not serve in the relevant field without revoking his enlistment 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>

1. Where they fall under any of subparagraphs 1 through 5 of Article 40;

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

Article 41

determined by the Preidential Decree; and

3. Where they have violated the liability to obtain the permission on overseas travel under Article 94, and the fine for negligence is imposed on their surety under Article 95.

(2) In case where any of the 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 be 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 closed; and

2. Where such causes occur as prescribed by the Presidential Decree, such 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 conscripted or called up due to cancellation of the transfer pursuant to paragraph (1) after they have been transferred

Article 41

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>

Article 42 (Reduction of Service Period of Public Interest Service Personnel)

The Minister of National Defense may reduce, upon the request of the Administrator of the Military Manpower Administration, 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 or transferred to serve as public interest service, technical research or skilled industrial personnel, the reduction in the period of the service period or compulsory service period may be determined differently from the case of those enlisted in the active service being called up or transferred to: <Amended by Act No. 5271, Jan. 13, 1997>

1. Where it is required to reduce the service period or compulsory service period due to shortening of the service period in the 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

Article 42

for the supply and demand plan of military service human resources.

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 researchers and industrial engineers in State agencies, local governments, public organizations, social welfare facilities and designated enterprises, etc. in which they serve 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, emergency or at the time the mobilization order is issued, the military forces mobilization call shall be made to the following persons (hereinafter referred to as “those

Article 43 ~ 44

to be called for military forces mobilization”):

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

(1) The director of the regional military manpower office shall call 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, emergency, etc., or when the mobilization order is issued, the director of the regional military manpower office shall call those who are to be called out for the military forces mobilization.

(2) In order to respond to an urgent situation, such as wartime, emergency, etc.,

Article 45 ~ 46

the Administrator 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 Administrator of the Military Manpower Administration notifies publicly through newspapers, 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

Article 47

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 Mobilization)

(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 48 ~ 49

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 out for military forces mobilization.

(2) The Administrator 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, 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, may call the military forces mobilization training on the day and time announced by the Administrator 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>

Article 50

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 Mobilization 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.

Article 51 ~ 52

(2) Any persons, 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 each of the following subparagraphs to support military activities, in wartime or emergency, or when the mobilization order is issued: <Amended by Act No. 5271, Jan. 13, 1997: Act No. 5757, Feb. 5, 1999>

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

Article 53

cognized 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 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 54

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), 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

Article 55 ~ 56

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 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 may be shortened in consideration of the previous military education.

(2) Any school same or beyond the high school level may establish a course for cadets or noncommissioned officers of the students military

Article 57

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 noncommissioned officers in the active service.

(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 of the active service in the medical, judicial or religious field:

1. Persons who are qualified for doctors or dentists;

2. Persons who are qualified for judges, public prosecutors or lawyers; or

3. Persons who are pastors, priests or Buddhist monks holding an academic degree equal to or higher than a bachelor’s degree, and whose qualification is recognized by the religious organization to which they belong.

Article 58

(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>

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 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 Buddhism for the purpose of obtaining qualification for pastors, priests or Buddhist monks.

(3) Any persons who are enlisted in the military register as the medical, judicial or religious cadet officers in special branches of the army under paragraph (2), may be transferred to the military register of officers of the active service in special branches of the army until being not more than thirty-five years of age, and any persons who are removed from the military register of cadet officers in special branches of the army, may be enlisted in the active service or called as public interest

Article 58

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 persons as referred to in paragraph (4) are enlisted in a military unit, the commanding officer of such unit shall conduct a physical examination within five days after they enter the military unit, and if it is determined as a result of the physical examination, that they are unfit for the active service, or they are required to have a recuperation period of not less than fifteen days due to any disease or mental and physical incompetence, the commanding officer may order them to return to their homes with their physical grades or recuperation periods specified. This provision shall also apply to the persons who are deemed as requiring a recuperation period of not less than fifteen days due to any mental and physical incompetence or disease caused during the military education. <Amended by Act No. 5757, Feb. 5, 1999>

(6) The Administrator of the Military Manpower Administration shall transfer to the second militia service those who have returned home under paragraph (5) and whose physical grades are specified, or exempt them from the military service, depending on their physical grades, and have those whose recuperation period is

Article 58

specified, re-enlist in the army. <Amended by Act No. 5757, Feb. 5, 1999>

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; 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 active officers in the field of judicial affairs; and those to be enlisted in the active service, who have passed the open competitive examination for appointment 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 active officers in the basic branches of the army. In such cases, any persons who have passed the open competitive examination for appointment of public officials of Grade Ⅴ shall be 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 the Army

Article 59 ~ 60

, 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 are in high school or higher school 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, draft and or call has been postponed under paragraph (1) or (2), when he applies for them and the cause of the postponement ceases to exist, shall undergo the

Article 60

draft physical, or b draftd or calld, in th currnt 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, etc., on postponement 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 and conscription (including recruit), but are unable to fulfill it on the date they are under obligation to fulfill their duties due to disease, mental 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 date of his conscription 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>

(2) For persons whose duty fulfillment date is postponed under paragraph (1), a written notice shall be served again with the new date

Article 61

fixed: Provided, That where a person, who has received a conscription or call notice or is to receive it, 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

2. Persons whose father, mother or brothers or siblings died on the battlefield or on duty, or became disabled owing to any war or official wound, one person in such case.

(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

Article 62

of application, th scop of disability causd 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; hereinafter 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 serving as public interest service personnel, and fall under Article 62 (1) 2, may have their service period shortened by application, and any persons who have completed their service period, may be assigned to the recruit service, or released from the call.

(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)

Article 63 ~ 64

(1) The director of the regional military manpower office may exempt any persons who are in the first militia service and fall under following subparagraphs 1 through 3 (limited to persons whose physical grades fall under Grade VI) 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>

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

2. Persons who have acquired a resident alien status with his family in a foreign country (excluding those who have acquired a conditional resident alien status; hereinafter the same shall apply), or who has acquired a qualification for staying indefinitely in a foreign country which provides no resident alien status system;

3. Persons who have immigrated from the northern area of the Military Demarcation Line; and

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

(2) Matters necessary for the scope of such disabled persons and family, and the procedure of such application, etc., as referred to in paragraph

Article 64

(1), shall be determined by the Presidential Decree.

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, shall be assigned to the recruit or the second militia service, or postponed from military service, through physical examination, and persons who fall under subparagraph 2, shall be postponed or canceled from the assignment to the recruit service or the call for public interest service personnel; and persons who fall under subparagraph 3, shall be assigned to the recruit service or to the second militia service: <Amended by Act No. 5271, Jan. 13, 1997: Act No. 5757, Feb. 5, 1999>

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

2. Persons who emigrate with his family to a foreign country; and

3. Persons who are deemed unfit for military service by such reason as prescribed by the Presidential Decree, such as serving times under sentence, extremely old age, etc.

(2) Any persons who are in the reserve or the second militia service, and are

Article 65

incapable of military service by such ason as ferd 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, and any persons who have acquired a resident alien status with his family in a foreign country, or a qualification for indefinite stay in a foreign country which provides no a resident alien status system, may be exempted from military service.

(3) 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.

(4) If persons assigned to the recruit service for reasons such as the immigration with their families to a foreign country, who are postponed or canceled from the call for the public interest service or who are exempted from military service under paragraph (1) 2, the latter part of paragraph (2) and Article 64 (1) 2, fall under the cases as prescribed by the Presidential Decree, such as returning to Korea with the intention to live permanently in Korea, such assignment to exempt the military service may be cancelled. <Amended by Act No. 5757, Feb. 5, 1999>

(5) 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 and who are to be called out as public interest service personnel, but had the

Article 65

public interest service personnel call 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.

(6) The director of the regional military manpower office may cancel the disposition and alter the military service disposition after physical examination for any persons, who are in the recruit service or in the second militia service, want to serve in the military or return to the public interest service after treating their disease or mental or physical trouble. <Newly Inserted by Act No. 5757, Feb. 5, 1999>

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

(1) In case where officers, warrant officers or noncommissioned 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 noncommissioned officers, respectively. <Amended by Act No. 4840, Dec. 31, 1994>

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

Article 66

(3) For persons transferred to the recruit service under paragraphs (1) and (2), the cause of whose transfer to recruit service disappears, and who fall under the following subparagraphs, the disposition of transfer to recruit service may be cancelled 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 do 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

Article 66

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)

(1) The director of the regional military manpower office shall have the order of call-up for those subject to be 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 and are deemed particularly necessary, 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 be called 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 district military manpower office of the fact within fourteen days. <Amended by Act No. 5271, Jan. 13, 1997>

Article 68 (Restriction on Postponement, Reduction and Exemption of Military Service)

Persons who have committed crimes as prescribed in Articles 86 through 88

Article 67 ~ 68

or 94; who have deserted from their service after conscription or call, 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 without them, except those who have purposely provoked such cause: <Amended by Act No. 5757, Feb. 5, 1999>

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

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

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 68

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 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 Administrator 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 Administrator 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

Article 69 ~ 69-2

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 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 (Report and Permission on Overseas Travel)

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

(2) In the case where persons who are under obligation to serve in the military and do not fall under any of the following subparagraphs, desire to travel overseas, they shall obtain the permission of the Administrator of the Military Manpower Administration for the overseas travel, with a written guarantee for homecoming signed by a guarantor under conditions as prescribed by the Presidential Decree: Provided, That for persons as prescribed by the Presidential Decree, such as those who emigrate to foreign countries, it may not be required to append written guarantee for homecoming: <Amended by Act No. 6058, Dec. 28,1999>

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

Article 70

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.

(3) In case where persons who have obtained permission for overseas travel, encounters difficulty in returning to Korea within the permitted period, they shall obtain the permission of the Administrator 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 first militia service, not later than the fifteenth of January in the year of attaining their eighteenth year. In such cases, the provisions of paragraph (2) shall apply mutatis mutandis to the appending of the written guarantee for homecoming.

(4) The scope and procedure of the permission for overseas travel or the extension period as referred to in paragraphs (2) and (3), shall be determined by the Presidential Decree.

(5) Any persons who have obtained the permission for overseas travel, shall have their departure from Korea confirmed at the time they leaves 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,

Article 70

1999>

(6) In case where persons who are under obligation to serve in the military fail to return to Korea within the permitted overseas travel period, the guarantor as referred to in paragraphs (2) and (3) shall carry out faithfully the contents of guarantee, such as taking measures for effecting the return to Korea of the person guaranteed.

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 their thirty-first years of age, and the exempted person 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 their thirty-sixth years of age: <Amended by Act No. 4840, Dec. 31, 1994; Act No. 5271, Jan. 13, 1997; Act No. 5757, Feb. 5, 1999>

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;

Article 71

2. 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 Article 35 (2) and (4), and 35-2 (2) and (4);

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

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

5. Persons who have left Korea, or are staying in a foreign country, without obtaining permission as prescribed in Article 70 (2) or (3), or who fail to return to Korea within the permitted period without any justifiable reason;

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

7. Persons, whose assignment to the recruit service or to the public interest service is postponed or canceled; and

8. Persons, whose exemption from the military service is canceled under Article 65 (4).

(2) Any persons of

Article 71

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

Article 72 (Completion of Military Service Duty)

(1) The duty of military service of the enlisted men in active, reserve and recruit services, and those in the second militia service, shall be completed when they are not more than forty years old, and that of the officers, warrant officers and noncommissioned 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>

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

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

Article 73 (Guarantee of Reinstatement to School)

Article 72 ~ 73

The head of a high school or higher than the high school level shall reinstate by application any students who withdraw temporarily from school and are enlisted in the army by conscription, call or application, or are in the recruit service by call, etc., (referred to any service as public interest service personnel, public health doctors, international cooperation doctors, public-service advocates, technical research personnel or skilled industrial personnel, or any compulsory service; hereinafter it is the same as 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 or application, or are in the recruit service by call, 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

Article 74

o hose who have wihdrawn from heir offices under paragraph (1), the head of the State agency or local government, or any employer shall calculate their compulsory service period as actual working periods for their promotion, and the periods to be calculated as actual working periods, which is the compulsory service period of persons who have completed the recruit service, calculated by 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., shall be determined by the Presidential Decree: 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 75 (Compensation and Medical Care)

(1) Any bereaved family of a 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),

Article 75

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 contracted while on duty; the same shall apply hereinafter.), 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 that 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

Article 75

service or exempted from the militry service owing to ny 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 state organs, local governments or the private sector at the expense of the state organs, local governments or public organizations 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>

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

Article 75-2

governments or public organizations as prescribed by other Acts and subordinate statutes, the amount of indemnity corresponding 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 persons 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

Article 76

service personnel.

(2) The head of the 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 same are already granted, they shall be revoked.

(3) With respect to those who have left Korea, or are staying in foreign countries, without obtaining the permission as prescribed in Article 70 (2) 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.

CHAPTER XII CONSCRIPTION ADMINISTRATION

Article 77 (Supervision of Conscription Administration)

(1) The conscription, call-up, and other conscription administration shall be supervised by the Administrator 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

Article 77

uneasonable, the Administato of the Militay Manpowe Administration may suspend or revoke it.

Article 78 (Delegation of Authorization on Conscription Administrative Affairs)

(1) The authority of the Administrator of the Military Manpower Administration as prescribed in Articles 34-3 (5), 70 (2), (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 as prescribed by the Presidential Decree. <Amended by Act No. 5757, Feb. 5, 1999; Act No. 6058, Dec. 28, 1999>

(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 or the heads of local administrative agencies as prescribed by the Presidential Decree. <Amended by Act No. 6058, Dec. 28, 1999>

(3) Any local administrative agency which is authorized under paragraph (2), shall appoint an employee to take exclusive charge of conscription affairs, and if the head of the local administrative agency desires to replace the employee in charge of the conscription affairs, he shall consult with the director of the regional military manpower office, under the conditions as prescribed by the Presidential Decree.

(4) The authority of the Administrator of the Military Manpower Administration as prescribed in Article 70 (3), and that of the director

Article 78

of the egional militay manpowe office as pescibed 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 (Expenses to be Borne by National Treasury)

(1) Expenses required for the conscription administration delegated to the head of the local administrative agency, and those required for the employee of the local administrative agency who takes charge of conscription affairs, shall be borne by the National Treasury: Provided, That part of such expenses shall be borne by the local government.

(2)The travel expenses of those who undergo the draft physical, and who are enlisted in the army or return home, by conscription or call, or in support of servicemen on 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>

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 States agency, local government or agency shall, upon receiving a request as referred to in paragraph (1), cooperate

Article 79 ~ 80

with it, and shall not rfus it without justifiabl rason.

Articles 81 and 82 Deleted. <by Act No. 6058, Dec. 28, 1999>

Article 82-2 (Military Service Crime Prevention Committees)

(1) The Military Manpower Administration shall establish the Central Military Service Crime Prevention Committee, and the Special Metropolitan City, the Metropolitan Cities and Dos shall each establish the Local Military Service Crime Prevention Committee to deliberate matters falling under each of the following subparagraphs for the purpose of cracking down draft dodgers who commit crimes under Articles 84 through 94 and preventing the missing and other crimes involving the military services:

1. The prevention of and crackdown on the act of dodging the military service;

2. The investigation and handling of the missing under obligation to serve in the military ;

3. The assignment of professional research personnel and skilled industrial personnel, and the crackdown on and the checkup of persons who neglect the duties of service;

4. The crackdown and guidance on the violations of the ban on employment and the guarantees of post-discharge jobs;

5. Matters related to census registrations and resident registrations

Article 82-2

which concern the obligation of the military service; and

6. Other matters necessary to prevent and crack down crimes involving the military service.

(2) The heads of state organs or local governments or employers shall fully cooperate with activities of the military service crime prevention committees established under paragraph (1).

(3) The composition and operation of the military service crime prevention committees established under paragraph (1) and other necessary matters shall be prescribed by the Presidential Decree.

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

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 if 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>

Article 83

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

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

3. Suspension or cancelation of the secondment to riot police units and correctional institutions as guards and warders as prescribed in Articles 24 and 25;

4. Suspension of transfer to service as public health doctors, international cooperation doctors, or public-service advocates, and conversion of them into those to be called out for military forces mobilization, under Article 34;

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 prescribed in subparagraph 1 of Article 38, to the military register of officers or noncommissioned 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

Article 83

fields as prescribed in subparagraphs of Article 58 (1) and are 40 years of age or less, to the military register of the 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 a wartime or emergency, or in the event that the order of military forces mobilization is issued, the Administrator of the Military Manpower Administration may take the following measures: <Amended by Act No. 6058, Dec. 28, 1999>

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;

Article 83

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 draft or call, as prescribed in Article 60 (1) or (2);

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

7. Change of persons of 18 to 30 years of age who fall under any of subparagraphs of Article 70 (2) to those under obligation to obtain permission on 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; or

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

(3) In a wartime or emergency, or in the event that the order of military force

Article 83

mobilization is issued, the director of the regional military manpower office may request the Seoul Special Metropolitan City Mayor, the Metropolitan City Mayor, or Do governor (hereinafter referred to as the “Mayor/Do governor”) to cooperate in support affairs in a wartime, such as military forces mobilization, etc., and the Mayor/Do governor shall, upon receiving such request for cooperation, support it by priority. <Amended by Act No. 5271, Jan. 13, 1997>

CHAPTER ⅩⅣ PENAL PROVISIONS

Article 84 (Failure to Notify Change in Residence)

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

Article 84

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 justifiable reason, shall be punished by imprisonment for not more than six months, or a fine not exceeding one million won.

Article 86 (Desertion, Abscondence, 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 one to three years.

Article 87 (Evasion of Draft Physical)

(1) Any persons who have received a notice of the draft physical or physical examination, and fail to undergo such examinations at the

Article 85 ~ 87

designated date, without 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 or a notice of call (including a notice of enlistment through recruitment) in the active service or the call (including a notice of appointment to the active service by application), and who 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 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>

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

2. Three days in cases of public interest service personnel call;

Article 88

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 provide 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. In such cases, with respect to the inclusion of the military service period, the provisions of Article 30 (2) shall apply mutatis mutandis: <Amended by Act No. 5757, Feb. 5, 1999>

Article 89 ~ 89-2

1. Public interest service personnel who have deserted the service, have not served in the field concerned for a period of eight days or more without any justifiable reason or have been warned of their failures to follow justifiable orders not less than four times;

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 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 justifiable reason.

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

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 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>

Article 90

(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 Engagement of Technical Research Personnel, etc.)

(1) In case where an employer instructs a person who is engaged compulsorily as technical research or skilled industrial personnel, to be engaged in any field other than that concerned of the designated enterprise in question, without any justifiable reason, in violation of the provisions of Article 39 (3), he shall be punished by a fine of two million to twenty million won. <Amended by Act No. 5271, Jan. 13, 1997>

(2) In case where

Article 91 ~ 92

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 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

Article 93

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 on Overseas Travel)

Any persons who depart from Korea, and are staying in a foreign country, without obtaining permission as prescribed in Article 70 (2) or (3), or who fail to return to Korea within the permitted period without 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 than three years.

Article 95 (Imposition of Fine for Negligence on Guarantor for Homecoming)

(1) The guarantor for homecoming of a person who has committed the offense as prescribed in Article 94, shall be punished by a fine for negligence of five million to fifty million won. <Amended by Act No. 5757, Feb. 5, 1999>

(2) The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the Administrator of the Military Manpower Administration, under the conditions as prescribed by the Presidential Decree.

(3) Any person

Article 94 ~ 95

who is dissatisfied with the disposition of the fine for negligence as referred to in paragraph (2), may appeal to the Administrator of the Military Manpower Administration, within thirty days after he is informed of such disposition.

(4) The Administrator of the Military Manpower Administration shall, upon receiving the appeal under paragraph (3), notify without delay the competent court, which shall, upon receiving the notification, bring the case of the fine for negligence to trial under the Non-Contentious Case Litigation Procedure Act.

(5) If no appeal is made and no fine for negligence is paid in the period as referred to in paragraph (3), the Administrator 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.

Article 96 (Punishment of a 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

Article 96 ~ 97

of militay foces 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 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 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)

Addenda

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 Defense 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

Addenda

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 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

Addenda

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 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

Addenda

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 provisions of Article 4 of the Addenda.

(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

Addenda

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), 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 this Act

Addenda

eners ino force, shall be considered o have received he 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, at the time 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

Addenda

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 this Act enters into force, shall be governed by the previous provisions.

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

The service period of those 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 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 this Act enters into force, shall be governed by the provisions

Addenda

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, but are exempted or released from the call for defense, under the previous Article 54 (1) 1 or 57 (1) 3, at the time 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

Addenda

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.

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 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 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

Addenda

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 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 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

Addenda

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 Special Case Regulation Act are cited or applicable in other Acts and subordinate statutes at the time 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 this Act enters into force, shall be subject to the previous provisions.

(3) (Transition

Addenda

al 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 branches 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 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

Addenda

to the previous provisions at the time 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 deaths, 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

Addenda

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>

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 Enterp

Addenda

rises)

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

Article 5 Omitted.

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

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

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

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (1) 6, Articles 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

Addenda

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 Interest Service Personnel)

The public interest service personnel under the previous provisions of Article 26 (1) 2 at the time of enforcing 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 amended Military Service Act (Act No. 4685) at the time of enforcing 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.)

Addenda

Military service dispositions taken by the Administrator 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 enforcing this Act shall be deemed acts performed by and against the administrative agencies under this Act.

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 (Relation with other Acts and Subordinate Statutes)

Any provisions of the previous Military Service Act, which are cited or applied mutatis mutandis by other Acts and subordinate statutes at the time of enforcing this Act, in case the cited or applied mutatis mutandis provisions exist in this Act, shall be deemed that the corresponding provisons of this Act are cited or applied mutatis mutandis by other Acts and subordinate statutes in lieu of the previous provisions.

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

Addenda

Article 1 (Enforcement Date)

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

Articles 2 through 11 Omitted.

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

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7(1), Article 36 (5),Article 70 (1), (2) and (5), Article 78 (1) and (2), Article 83 (2) 7 and Article 84 shall enter into force on January 1, 2000.

(2) (Transitional Measures concerning Administrative Disposition) Any military service disposition taken, orders given, acts performed by the director of the regional military manpower branch office, applications made, reports made and acts performed against the director of the military manpower branch office under the previous provisions at the time of enforcing this Act shall be deemed to be acts performed by the director of the regional military manpower office and acts performed against the director of the regional military manpower office.

(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

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