조문단위인쇄

MILITARY SERVICE ACT
조문단위인쇄
 Article 5 (Categories of Military Service)
(1) Military service shall be classified as follows: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016>
1. Active duty service: Any of the following persons:
(a) Men enlisted in the military through conscription or volunteering;
(b) Officers, warrant officers, noncommissioned officers and officer cadets appointed or selected to serve on active duty as prescribed by this Act or the Military Personnel Management Act;
2. Reserve service: Any of the following persons:
(a) Persons who have completed active duty service;
(b) Other persons transferred to reserve service pursuant to this Act;
3. Supplementary service: Any of the following persons:
(a) Persons found to be capable of serving on active duty as a result of a draft physical examination, but not determined as those subject to enlistment in the military as active duty soldiers due to the supply and demand conditions of the armed forces;
(b) Any of the following persons, who are performing or have completed their service or mandatory service:
(i) Social work personnel;
(ii) Deleted; <by Act No. 13778, Jan. 19, 2016>
(iii) Art and sports personnel;
(iv) Public health doctors;
(v) Doctors exclusively in charge of the draft physical examination;
(vi) Deleted; <by Act No. 13778, Jan. 19, 2016>
(vii) Public-service advocates;
(viii) Public quarantine veterinarians;
(ix) Expert research personnel;
(x) Industrial technical personnel;
(c) Other persons assigned to supplementary service pursuant to this Act;
4. Preliminary military service: Persons liable for military service, but not in active duty service, reserve service, supplementary service, or wartime labor service;
5. Wartime labor service: Any of the following persons:
(a) Persons determined to be incapable of performing active duty service or supplementary service as a result of a draft physical examination or a physical examination, but to be capable of engaging in military support affairs through a call-up for wartime labor;
(b) Other persons assigned to the wartime labor service pursuant to this Act.
(2) Those transferred to reserve service shall be classified into officers, warrant officers, noncommissioned officers, or men enlisted for reserve service; those assigned to supplementary service, into officers, warrant officers, noncommissioned officers, or men enlisted for supplementary service; and those transferred to the wartime labor service, into noncommissioned officers or men enlisted in the wartime labor service. <Amended by Act No. 14183, May 29, 2016>
(3) Each person liable for military service shall be recorded in the military register of the relevant military service, and matters necessary for the management of such military register shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9754, Jun. 9, 2009]
[Nonconformity to the Constitution, 2011 Hun-Ba 379, Jun. 28, 2018, Article 5 (1) of the Military Service Act (Amended by Act No. 14183, May 29, 2016) is inconsistent with the Constitution. Aforesaid provision shall be applicable until the amendment to be made by a legislator, not later than December 31, 2019]