조문단위인쇄

ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT
조문단위인쇄
 Article 78 (Enlistment in Technical Research Personnel )
(1) Persons who may enlist as technical research personnel in accordance with the provision of Article 37 of the Act, are those who fall under and of the following and who shall receive the recommendation from the person who has the authority to recommend a selection of a designated research institute: <Amended by Presidential Decree No. 15380, May 27, 1997>
1. A person, who holds at least a master’s degree, who serves at a research institute which is selected as the designated enterprise;
2. Prospect of call up for public interest service personnel of the recruit who holds a degree in natural sciences and who serves at a small and medium enterprise research institute from among the research institutes which are selected by the Conscription Affairs Deliberative Committee; and
3. A person who is pursuing a doctor’s degree in natural sciences, excluding medical sciences, at a graduate school from among the research institutes that have been selected as the designated enterprises (This includes the doctorate course of the Korea Science and Technology Center both the Gwangju Science and Technology Center, and hereinafter referred to as a “doctorate course in natural sciences.”).
(2) When the Minister of Education wishes to recommend a prospect for enlistment as technical research personnel who is to serve at a research institute, he shall carry out an examination and then recommend those who pass it.
(3) A person who wishes to enlist as technical research personnel shall attach a certificate of enrollment (employment) and other necessary documents with the application for enlistment as a technical research personnel and shall submit them to the person who has the authority to recommend a selection of a designated enterprise via the head of the research institute no later than the last day of the month following the month on which they obtain an academic degree or complete a doctorate course (hereinafter in this Article, it includes the completion of a school term): The Administrator of the Office of Military Manpower Administration, in allocating the number of persons who may be enlisted as a technical research personnel and a skilled industrial personnel, shall determine the allocated number of military personnel according to each designated enterprise, and of the skilled industrial personnel in the field of farming and fishing according to each Si/Gun/Gu by passing through deliberation of the Conscription Affairs Deliberative Committee: Provided, That in cases where he falls under any one of each following sub paragraphs, the necessary documents shall be submitted within six months from the date when that cause occurred: <Amended by Presidential Decree No. 15380, May 27, 1997>
1. Where he has received his education in a foreign country, and has graduated or has obtained an academic degree from that university, or has completed the doctor’s course in that university;
2. Where dispositions are cancelled because a person who has been exempt from the military service, because he has fallen under Article 64 (1) 2 of the Act, or a person who has been exempt from enlistment in the reservist or from status of a public interest service personnel because he has fallen under Article 65 (1) 2 of the Act, or a person who has been exempt from the military service, because he has fallen under the concluding part of Article 65 (2) of the Act falls under Article 65 (4) of the Act; and
3. Where a permission for overseas travel is cancelled because a person who has been considered as having obtained permission for overseas travel because he has fallen under any of the subparagraph of Article 149 (1) falls under any one of each subparagraph of Article 134 (8).
(4) A person, who has the authority to recommend a selection of a designated enterprise who has received the application for enlistment as technical research personnel as provided in paragraph (3) of this Article, with respect to only persons falling under the criteria for enlistment as a technical research personnel which the Administrator of the Office of Military Manpower Administration has determined after passing through deliberation of the Conscription Affairs Deliberative Committee, shall forward their application for enlistment as technical research personnel to the Head of the competent Regional Military Manpower Office after passing through the Administrator of the Office of Military Manpower Administration within 15 days. <Amended by Presidential Decree No. 15380, May 27, 1997>
(5) Deleted. <by Presidential Decree No. 15380, May 27, 1997>
(6) The Head of the Regional Military Manpower Office, who has received the application for enlistment as technical research personnel pursuant to paragraph (4) of this Article, shall determine as to whether he may enlist as a technical research personnel or not, and shall notify the determined results to the applicant after passing through the head of a designated enterprise. <Amended by Presidential Decree No. 15380, May 27, 1997>