조문단위인쇄
| Article 65 (Change, etc. of Assignment to Military Service) |
| (1) | Any person in active duty service (including those in active duty service pursuant to Article 21 or 25, and those to be enlisted for active duty service), in onboard ship reserve service, or in supplementary service, falling under subparagraph 1, may be transferred to supplementary service or the wartime labor service, or exempted from military service, after a physical examination, and any person who falls under subparagraph 2 or 3 may be transferred to supplementary service or the wartime labor service: <Amended on Jan. 25 2010; Jan. 19, 2016; May 29, 2016> |
| 1. | A person who is incapable of performing military service due to a war wound or a wound in the course of performing his duty, disease, or mental or physical disorder; |
| 2. | A prisoner who is prescribed by Presidential Decree; |
| 3. | A person who is recognized to be unfit for military service due to naturalization pursuant to the Nationality Act or other grounds prescribed by Presidential Decree. |
| (2) | Where a person in active duty service (including those who perform military service as prescribed in Article 21 or 25), onboard ship reserve service, or supplementary service emigrates with his family to a foreign country, he may be transferred to supplementary service, or his call-up to social service may be released, as prescribed by Presidential Decree. <Amended on Jan. 25 2010; Jun. 4, 2013; May 29, 2016> |
| (3) | Where a person in active duty service (including those who perform military service as prescribed in Article 25) wishes to perform full-time reserve service due to child-birth, he may be transferred to the reserve service, as prescribed by Presidential Decree. <Newly Inserted on May 24, 2011; May 29, 2016> |
| (4) | Any person in reserve or the wartime labor service who is incapable of performing military service due to a reason referred to in paragraph (1) 1 may, upon his request, be transferred to the wartime labor service or exempted from military service after a physical examination. <Amended on May 24, 2011; May 29, 2016> |
| (5) | Any serviceman in reserve service who is serving time in prison may be transferred to the wartime labor service, as prescribed by Presidential Decree. <Amended on May 24, 2011; May 29, 2016> |
| (6) | Where a person transferred to supplementary service or for whom a call-up to social service has been released on the ground that he plans to emigrate to a foreign country with his family as prescribed in paragraph (2) falls under reasons prescribed by Presidential Decree, such as that he returns to the Republic of Korea in order to permanently reside in the Republic of Korea, such disposition may be revoked and the duty of military service may be imposed. <Amended on May 24, 2011;Jun. 4, 2013> |
| (7) | The director of each regional military manpower office shall issue a call for military education as prescribed in Article 55 to the crew of ships navigating to or from foreign countries who are to be called up as social work personnel, but whose call-up to social service is postponed for at least three years from the day prescribed by Presidential Decree by reasons, as prescribed in Article 60 (1) 1, and when they have completed the call for military education, they shall be deemed to have completed their service as social work personnel. <Amended on May 24, 2011; Jun. 4, 2013; May 29, 2016> |
| (8) | If a person falling under any of the following subparagraphs wants to perform active service or serve as a member of the social work personnel, the director of the competent regional military manpower office may revoke the relevant disposition and change his assignment to military service, as prescribed by Presidential Decree: <Amended on Mar. 21, 2017; Apr. 13, 2021> |
| 1. | A person in supplementary service (limited to social work personnel and those in supplementary service subject to the call-up of social work personnel, and excluding those assigned to supplementary service under paragraph (1) 2 or those whose military service disposition is changed under the former part of paragraph (11)); |
| 2. | A person in wartime labor service whose disease or mental or physical disorder has been treated or whose educational background is changed; |
| 3. | A person exempted from military service as falling under Article 64 (1) 2. |
| (9) | Where the number of persons to be called to social service is larger than that of persons to be assigned to the social work personnel under Article 27, the director of the regional military manpower office may transfer some of the persons to be called to the wartime labor service according to standards prescribed by Presidential Decree, taking into consideration their academic career and the year in which they are transferred to supplementary service. <Amended onMay 24, 2011; Jun. 4, 2013; May 29, 2016> |
| (10) | If a person in supplementary service to be called to social service has a change in his educational background (including educational background recognized as equivalent to graduation from a school pursuant to Article 2 of the Elementary and Secondary Education Act) within the period prescribed by Presidential Decree, the director of the competent regional military manpower office may change his assignment to military service in conformity with the criteria for military service assignment of the year in which such change occurs. <Newly Inserted on Mar. 21, 2017> |
| (11) | Notwithstanding paragraph (1) or (4), with regard to any person who is recognized to be unfit for continuing the military service due to a disease which makes it impracticable to determine a physical grade or due to mental disorder (limited to active duty servicemen, persons performing the military service after secondment, persons in the full-time reserve service or social work personnel) or any person whose physical disability is clearly distinguishable, the disposition of military service may be changed without a physical examination. In such cases, matters necessary for standard, methods and procedures for change of a disposition shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
| (12) | The scope of families referred to in paragraph (2) shall be prescribed by Presidential Decree. <Amended on Jan. 25, 2010; May 24, 2011> |
| (13) | For a person enlisted for active duty service following any change in his assignment to military service pursuant to paragraph (8) while in service as a member of the social work personnel, the term of service may be shortened in accordance with the criteria prescribed by Presidential Decree. <Newly Inserted on Mar. 21, 2017> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
[Enforcement Date: Oct. 14, 2021] Article 65