Article 1 (Persons subject to Application of this Act) |
(1) | This Act shall apply to military persons of the Republic of Korea who perpetrate a crime specified in this Act. |
(2) | The term "military person" in paragraph (1) means any officer, warrant officer, noncommissioned officer, and enlisted soldier who is in active service: |
(3) | This Act shall apply to any of the following persons as a military person: <Amended on May 29, 2016> |
1. | A civilian military employee; |
2. | A student who is registered in the military register and is currently enrolled in a military school, an officer candidate, a noncommissioned officer candidate, or a student who is registered in the military service pursuant to Article 57 of the Military Service Act and is currently serving military service at a military base; |
3. | A military person in reserve service or recruit service who has been called up and is currently serving in the military or a wartime worker. |
(4) | With respect to Korean nationals or foreigners who perpetrate any of the following crimes, this Act shall apply thereto as military persons: |
1. | A crime under Article 13 (2) or (3); |
2. | A crime under Article 42; |
3. | A crime under any provision of Articles 54 through 56, 58, 58-2 through 58-6, and 59; |
4. | A crime under any provision of Articles 66 through 71; |
5. | A crime under Article 75 (1) 1; |
6. | A crime under Article 77; |
7. | A crime under Article 78; |
8. | A crime under any provision of Articles 87 through 90; |
9. | An attempt to commit a crime under Article 13 (2) or (3); |
10. | An attempt to commit a crime under any provision of Articles 58-2 through 58-4; |
11. | An attempt to commit a crime under Article 59 (1); |
12. | An attempt to commit a crime under any provision of Articles 66 through 70 and 71 (1) or (2); |
13. | An attempt to commit a crime under any provision of Articles 87 through 90. |
(5) | If a person specified in any provision of paragraphs (1) through (3) perpetrate a crime under this Act while he or she is in military service, is enrolled in a school, or is serving military service at a military base, this Act shall apply to such person even after he or she is discharged from active service, released from call-up, expelled from the school, or released from the military base. |