2단비교
병역법
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| 병역법 | 제3266호 | 19810101 |
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| 병역법 | 제3111호 | 19790101 |
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| 병역법 | 제2437호 | 19730115 |
| 병역법 | 제2259호 | 19710101 |
| 병역법 | 제2226호 | 19700807 |
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| 병역법 | 제1575호 | 19631217 |
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| 병역법 | 제444호 | 19570815 |
| 병역법 | 제203호 | 19510525 |
| 병역법 | 제41호 | 19490806 |
CHAPTER I GENERAL PROVISIONS
| Article 1 (Purpose) |
The purpose of this Act is to provide for matters concerning the mandatory military service by the citizens of the Republic of Korea.
[This Article Wholly Amended on Jun. 9, 2009]
| Article 2 (Definitions) |
| (1) | The terms used in this Act are defined as follows: <Amended on Jan. 25, 2010; May 24, 2011; Dec. 11, 2012; Jun. 4, 2013; Jul. 24, 2015; May 29, 2016; May 29, 2016; Jan. 15, 2019; Dec. 31, 2019; Apr. 13, 2021; Jan. 4, 2022> |
| 1. | The term"conscription" means that the State imposes a duty to perform active service on any person liable for military service to serve in the military; |
| 2. | The term"call-up" means that the State imposes a duty to perform military service, other than active duty service, or to serve in the field of public interest, on a person in reserve service, supplementary service, wartime labor service, or alternative service, among persons liable for military service or persons performing military service through volunteering (referring to female persons performing active service through volunteering in accordance with the latter part of Article 3 (1)); |
| 3. | The term"enlistment in the military" means that a person liable for military service enters a military unit through conscription, call-up, or volunteering; |
| 4. | The term"officer cadet" means a cadet who receives education, training, etc. at a military educational institution, training agency, etc. to be assigned for military register as an officer, warrant officer, or noncommissioned officer; |
| 5. | The term"employer" means the head of a public or private enterprise or organization governed by the Labor Standards Act, who employs a person liable for military service; |
| 6. | The term"doctor specializing in the draft physical examination" means a person who is qualified as a medical doctor or dentist and is employed as a public official in general service prescribed by Presidential Decree pursuant to the State Public Officials Act to perform duties related to physical examinations, etc.; |
| 7. | The term"secondment" means that the status of a person serving as an active duty serviceman is changed so that he may perform the duties of an auxiliary police officer or obligatory fire fighter; |
| 8. | The term"full-time reserve service" means personnel who are called up and perform active duty service to support regional defense and the affairs related thereto, after having performed active service as an active duty serviceman for a specified period and then having been assigned to reserve service; |
| 9. | The term"onboard ship reserve service" means personnel who are mariners or engineers under Article 4 (2) 1 and 2 of the Ship Personnel Act, and who are called for taking charge of work to transport goods essential for the national economy and military supplies as well as work related thereto during a war, public disturbance, or emergency similar thereto in accordance with the Act on Emergency Preparedness or the Act on Maintaining Marine Transportation and Port Functions to Prepare for Emergency Situations to provide their service aboard a ship; |
| 10. | The term"social service personnel" means persons called up to serve in the field of public interest to support social service duties, administrative duties, etc. related to social welfare, hygiene, medical service, education, culture, environment, safety, etc., which are necessary for the following agencies, etc. serving public interest: |
| (a) | State agencies; |
| (b) | Local governments; |
| (c) | Public organizations; |
| (d) | Social welfare facilities installed under Article 2 of the Social Welfare Services Act (hereinafter referred to as"social welfare facilities"); |
| 10-2. | Deleted; <Jan. 19, 2016> |
| 10-3. | The term"art and sports personnel" means persons with special skills in the field of arts or sports who are assigned pursuant to Article 33-7 and perform duties in the field of arts or sports to promote culture and enhance national prestige; |
| 11. | The term"public health doctor" means a person who is qualified as a medical doctor, dentist or oriental medical doctor and provides public health service, as prescribed by the Act on Special Measures for Health and Medical Services in Agricultural and Fishing Villages; |
| 12. | Deleted. <Jan. 19, 2016> |
| 13. | The term"public-service advocate" means a person who is qualified as an attorney-at-law and is engaged in legal aid affairs or legal affairs necessary for performing duties of the State or local governments which have public objectives under the Public-Service Judge Advocates Act; |
| 14. | The term"doctor exclusively in charge of the draft physical examination" means a person who is qualified as a medical doctor or dentist and is assigned to engage exclusively in physical examinations, etc. in the military under Article 34; |
| 15. | The term"public quarantine veterinarian" means a person who is qualified as a veterinarian and is engaged in the business of epidemic prevention for livestock in accordance with the Act on the Public Service Veterinarians for Prevention of Epidemics; |
| 16. | The term"expert research personnel" means persons assigned to serve as expert research personnel as prescribed in Article 36 to carry out research on learning and technology, and engaged in any research affairs in the relevant technical field; |
| 17. | The term"industrial technical personnel" means persons assigned to serve as industrial technical personnel as prescribed in Article 36 to foster and support the industries, and engaged in the relevant field; |
| 17-2. | The term"alternative service personnel" means persons assigned to alternative service, who serve in the field of public interest after being called to alternative service agencies under the Act on Assignment to and Performance of Alternative Service; |
| 18. | The term"military service-designated entity" means any of the following entities where expert research personnel or industrial technical personnel are to be in service: |
| (a) | A research institution, key industrial enterprise, or defense enterprise selected by the Commissioner of the Military Manpower Administration under Article 36; |
| (b) | An agricultural corporation under Article 19 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter referred to as"agricultural corporation"); |
| (c) | An after-sales service enterprise of agricultural machinery under Article 11 (2) of the Agricultural Mechanization Promotion Act (hereinafter referred to as"after-sales service enterprise"); |
| 19. | The term"public organization" means a corporation or organization established under statutes to attain public objectives, which is prescribed by Presidential Decree. |
| (2) | Where this Act prescribes the ages to provide military service, the term"from xx years of age" means"from the 1st of January in the year in which he attains that age," and the term"to xx years of age" means"until the 31st of December in the year in which he attains that age." |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 3 (Mandatory Military Service) |
| (1) | Every male person of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female person may perform only active service or reserve service through volunteering. <Amended on May 24, 2011; Dec. 31, 2019> |
| (2) | Except as provided in this Act, no special case concerning mandatory military service shall be prescribed. |
| (3) | Any person wishing to engage in mandatory military service or voluntary military service under paragraph (1) shall be protected against discrimination on the grounds of race, skin color, etc. |
| (4) | No person liable for military service but sentenced to death penalty, life imprisonment, or imprisonment with or without labor for at least six years shall be allowed to perform military service, and his name shall be expunged from the military register. <Amended on Jun. 4, 2013; Dec. 13, 2022> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 4 (Relationship to Other Statutes) |
| (1) | Except as provided in this Act, the Military Personnel Management Act shall apply to the service, etc. of those enlisted in the military through conscription, call-up, or volunteering. <Amended on Dec. 31, 2019> |
| (2) | The Act on Assignment to and Performance of Alternative Service shall apply to matters necessary for the assignment, performance, etc. of alternative service. <Added on Dec. 31, 2019> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Dec. 31, 2019]
| Article 5 (Categories of Military Service) |
| (1) | Military service shall be classified as follows: <Amended on May 24, 2011; Mar. 29, 2016; Aug. 31, 2019; Dec. 31, 2019> |
| 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 assigned 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 service personnel; |
| (ii) | Deleted; <Jan. 19, 2016> |
| (iii) | Art and sports personnel; |
| (iv) | Public health doctors; |
| (v) | Doctors exclusively in charge of the draft physical examination; |
| (vi) | Deleted; <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, wartime labor service, or alternative 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. |
| 6. | Alternative service: Persons assigned to alternative service pursuant to the Act on Assignment to and Performance of Alternative Service, who performs or is obliged to perform military service instead of performing active duty service, supplementary service, or reserve service on the grounds of freedom of conscience guaranteed by the Constitution of the Republic of Korea. |
| (2) | Those assigned 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 assigned to the wartime labor service, into noncommissioned officers or men enlisted in the wartime labor service. <Amended on 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 on Jun. 9, 2009]
[Paragraph (1) of this Article was amended following the decision of nonconformity to the Constitution by the Constitutional Court on June 28, 2018 in accordance with Act No. 16852 (Dec. 31, 2019)]
| Article 6 (Service of Notice of Obligation for Military Service) |
| (1) | The director of each regional military manpower office (including the head of each military manpower branch office; hereafter in this Article the same shall apply) shall serve a notice of obligation to render military service (hereinafter referred to as"notice of obligation for military service") on persons liable for military service by post or hand delivery, or through information and communications networks (hereinafter referred to as"service by electronic means"). <Amended on Jan. 25, 2010> |
| (2) | A notice of obligation for military service shall be served at least 30 days prior to the date of the mandatory military service: |
| (3) | Notwithstanding paragraph (2), the deadline for service of a notice may be set differently by Presidential Decree in cases of a natural disaster, war or public disturbance or in other unavoidable circumstances prescribed by Presidential Decree. <Added on Nov. 28, 2017> |
| (4) | Where the director of a regional military manpower office has served a notice of obligation for military service as prescribed in paragraph (1), he shall receive the receipt thereof: |
| (5) | Where a person liable for military service is absent, the notice shall be served on the head of the household, adult member of his family, his employer, or a notice recipient appointed by him, and the person who has received the notice shall deliver it without delay to the person liable for military service. In such cases, the notice of obligation for military service shall be deemed to have been served on the person liable for military service when it was served on the person prescribed in the former part of this paragraph. |
| (6) | When a notice of obligation for military service is served as prescribed in paragraphs (1) through (5), the notice determined by the Commissioner of the Military Manpower Administration as he or she acknowledges it to be especially necessary and the returned notice may be served by a special delivery method as prescribed in postal statutes or regulations by applying |
| (7) | Service by electronic means shall be carried out only when the person on whom a notice of obligation for military service is to be served gives consent thereto, as prescribed by Presidential Decree. <Added on Jan. 25, 2010> |
| (8) | Notwithstanding paragraph (7), where service by electronic means is impossible due to failures in information and communications networks or other causes prescribed by Presidential Decree exist, it may be served by post or hand delivery. <Added on Jan. 25, 2010; Nov. 28, 2017> |
| (9) | Matters necessary for procedures, etc. for the service of a notice of obligation for military service by electronic means under paragraph (1) shall be prescribed by Presidential Decree. <Added on Jan. 25, 2010> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 6-2 (Notification of Changes in Military Service) |
| (1) | The director of each regional military manpower office (including the head of each military manpower branch office; hereafter in this Article the same shall apply) shall notify persons assigned to preliminary military service of the fact that they have been assigned to the relevant military service and the procedures, etc. for the following matters: |
| 1. | Active duty service under Article 5 (1) 1 (a), supplementary service under subparagraph 3 (b) of that paragraph, and alternative service under subparagraph 6 of that paragraph; |
| 2. | A draft physical examination referred to in Article 11; |
| 3. | Postponement of draft physical examination and enlistment, etc. prescribed in Article 60; |
| 4. | Postponement of the date for fulfillment of the duty prescribed in Article 61; |
| 5. | Other matters prescribed by Presidential Decree. |
| (2) | The Commissioner of the Military Manpower Administration or the director of a regional military manpower office shall notify persons prescribed by Presidential Decree, such as those assigned to reserve service and those who have completed service as supplementary or alternative service personnel, of the fact that they have been assigned to the relevant military service and the procedures, etc. for the following matters: |
| 1. | A call for military force mobilization under Article 46 and a call for military force mobilization training under Article 50; |
| 2. | A change of military service disposition under Article 65 (1) and (4); |
| 3. | A change of military service disposition for alternative service under Article 65-2 (1) of the Act; |
| 4. | The organization of reserve forces under Article 3-2 of the Reserve Forces Act; |
| 5. | Service alternative to reserve forces referred to in Article 26 of the Act on Assignment to and Performance of Alternative Service; |
| 6. | Other matters prescribed by Presidential Decree. |
| (3) | The contents and methods of notice under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 4, 2022]
| Article 7 (Certificate of Military Service and Certificate of Discharge from Military Service) |
| (1) | The director of the regional military manpower office having jurisdiction over the residence of a person liable for military service shall deliver a certificate of military service to the person liable for military service who has undergone a draft physical examination, and the commanding officer of the military unit having control over him shall deliver him a certificate of discharge from military service when he is discharged. <Amended on May 24, 2011; May 29, 2016> |
| (2) | The time and procedure of delivery of a certificate of military service or certificate of discharge from military service, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
CHAPTER II ENLISTMENT FOR PRELIMINARY MILITARY SERVICE
| Article 8 (Assignment to Preliminary Military Service) |
Every male of the Republic of Korea shall be assigned to the preliminary military service when he attains the age of 18 years. <Amended on May 24, 2011; May 29, 2016>
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 9 (Survey of Those to Be Assigned to Preliminary Military Service) |
| (1) | The Minister of the Interior and Safety shall notify the Commissioner of the Military Manpower Administration of the electronic data of resident registration of male persons reaching 18 years of age each year, which is necessary to survey persons to be assigned to the preliminary military service. <Amended on May 24, 2011; Mar. 23, 2013; Nov. 19, 2014; May 29, 2016; Jul. 26, 2017> |
| (2) | The Commissioner of the Military Manpower Administration may request the head of the relevant agency to provide the following data in order to survey persons to be assigned to the preliminary military service in relation to those who are not registered as residents or who have renounced or lost their nationality. In such cases, the head of the agency in receipt of the request shall comply therewith unless there is a compelling reason not to do so: <Amended on Jan. 9, 2024> |
| 1. | Computerized data on the registration of family relationship of male persons reaching 18 years of age each year: The Minister of the National Court Administration; |
| 2. | Data on changes in nationality prescribed by Presidential Decree, such as male persons who have renounced or lost their nationality under the Nationality Act: The Minister of Justice. |
| (3) | Matters necessary for the scope of and procedures, etc. for notifying data under paragraphs (1) and (2) and for surveying persons subject to assignment to the preliminary military service but not recorded in the resident registration system on the ground that they were born abroad, etc. shall be prescribed by Presidential Decree. <Amended on May 29, 2016; Jan. 9, 2024> |
| (4) | Matters necessary for surveying those to be assigned to the preliminary military service pursuant to paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
CHAPTER III DRAFT PHYSICAL EXAMINATION
| Article 10 (Survey of Persons Subject to Draft Physical Examination) |
| (1) | The director of each regional military manpower office shall survey every year persons liable to undergo a draft physical examination under Article 11 in the following year, compile computerized military register files, and have them undergo a draft physical examination. The same shall also apply to persons whose resident registration has indisputable errors or has been revised and who are obliged to undergo a draft physical examination. <Amended on May 29, 2016> |
| (2) | Matters necessary to survey persons obliged to undergo a draft physical examination and to compile and manage computerized military register files under paragraph (1) shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 11 (Draft Physical Examination) |
| (1) | Every person liable for military service shall undergo a draft physical examination at the time and place designated by the director of the regional military manpower office in the year when he turns 19 years old to determine whether he is capable of performing military service: |
| (2) | A person who is obliged to undergo a draft physical examination and fails to do so or a person who had his draft physical examination postponed and for whom the cause of such postponement ceases to exist shall undergo the draft physical examination in the relevant year or the following year. <Amended on May 29, 2016> |
| (3) | The draft physical examination shall be divided into a physical examination and a psychological test. <Amended on May 29, 2016> |
| (4) | In the physical examination referred to in paragraph (3), all parts of the body shall be examined through a surgical test, internal examination, etc., and if necessary, a clinical pathology test, radiographing, etc. may be conducted. In such cases, the examination may be entrusted to a medical institution under the Medical Service Act, as prescribed by Presidential Decree, if it is difficult to ascertain the severity of disease or mental or physical disorder. |
| (5) | Through the psychological test referred to in paragraph (3), the individual's emotion, personality, etc. shall be assessed by observation of the individual's words and deeds, interview, examination in writing, etc. and if necessary, a detailed psychological test may be conducted to specifically check the mental and psychological status, etc.; provided,, if it is difficult to check the severity of disease or mental and physical disorder, the test may be entrusted to a medical institution under the Medical Service Act as prescribed by Presidential Decree. <Added on Nov. 28, 2017> |
| (6) | In the event that any person who has failed to undergo a draft physical examination undergoes a physical examination for volunteers for active duty service conducted by the Commissioner of the Military Manpower Administration in accordance with Article 20 (1) (hereinafter referred to as"physical examination for volunteers for active duty service"), he shall be deemed to have undergone a draft physical examination under paragraph (1): |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 11-2 (Request for Submission of Materials) |
| (1) | If a doctor exclusively in charge of the draft physical examination, a doctor specializing in the draft physical examination, or a military surgeon dispatched for a physical examination pursuant to Article 12-2 deems it necessary to ascertain disease or mental or physical disorder in connection with a draft physical examination, the director of a regional military manpower office may request the head of a medical institution under the Medical Service Act, the head of the National Health Insurance Corporation under the National Health Insurance Act, the head of a school under the Elementary and Secondary Education Act and others to submit the medical record, details of treatment, school life record, and student health record of a person subject to the draft physical examination. In such cases, the person requested to submit such materials shall comply therewith, unless there is a compelling reason not to do so. <Amended on May 29, 2016; Mar. 21, 2017> |
| (2) | No one may disclose or leak information or materials about a person subject to draft physical examination acquired in accordance with paragraph (1), furnish any third party with such information or materials, nor use them for any purpose other than a draft physical examination. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 12 (Determination of Physical Grades) |
| (1) | Doctors exclusively in charge of the draft physical examination, doctors specializing in the draft physical examination, or military surgeons under Article 12-2 who have performed a physical examination (including physical examination for volunteers for active duty service) shall determine physical grades as follows: <Amended on May 29, 2016> |
| 1. | Those whose physical and psychological constitution is healthy enough to perform active or supplementary service shall be determined at Grade I, II, III or IV according to their physical and psychological condition; |
| 2. | Those incapable of entering active or supplementary service but capable of entering the wartime labor service shall be determined at Grade V; |
| 3. | Those incapable of performing military service due to disease or mental or physical disorder shall be determined at Grade VI; |
| 4. | Those unable to be graded according to subparagraphs 1 through 3, due to any disease or mental or physical disorder, shall be determined at Grade VII. |
| (2) | A deliberative council on physical grades may be established in the Military Manpower Administration, regional military manpower offices, and an institution accountable for the affairs related to determination of physical grades under the control of the Military Manpower Administration to deliberate on the accuracy of determination of physical grades under paragraph (1). <Amended on May 29, 2016> |
| (3) | For persons determined at Grade VII (excluding any person who is aged 18 and has undergone a physical examination for volunteers for active duty service) under paragraph (1) 4, the director of each regional military manpower office shall have them undergo a follow-up physical examination, taking into consideration their recovery period. In such cases, the period allowable for such follow-up physical examination shall be within two years from the date when he is determined at Grade VII as a result of the physical examination. <Amended on May 24, 2011> |
| (4) | The criteria for determining physical grades under paragraph (1) shall be prescribed by Ministerial Decree of National Defense. <Amended on May 29, 2016> |
| (5) | Matters necessary for the organization and operation of the deliberative council on physical grades under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 12-2 (Dispatch of Military Surgeons) |
| (1) | Where the Commissioner of the Military Manpower Administration deems it difficult to perform physical examination duties, etc. only with doctors exclusively in charge of the draft physical examination and doctors specializing in the draft physical examination, he or she may request the Minister of National Defense to dispatch military surgeons necessary to perform the duties, etc. <Amended on May 29, 2016> |
| (2) | Matters necessary for the dispatch, etc. of military surgeons referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 13 (Classification and Determination of Aptitude) |
| (1) | With respect to those whose physical grade is determined at any one of Grades I through IV as a result of physical examination (including physical examination for volunteers for active duty service), the director of each regional military manpower office shall classify and determine the aptitude required for military service, taking into consideration their qualifications, license, main field of study, etc., and the chief of staff of each service branch shall assign each of them to an arm of service suitable for his aptitude. <Amended on May 24, 2011; May 29, 2016; Mar. 21, 2017> |
| (2) | Matters necessary for the classification, determination, etc. of aptitude under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 13-2 (Request for Submission of Materials concerning Qualification and License) |
| (1) | With respect to the classification and determination of aptitude pursuant to Article 13, the director of a regional military manpower office may request a person provided for in any of the following subparagraphs to submit materials concerning the acquisition or revocation of a qualification or license of an individual required to undergo a draft physical examination under Article 11. In such cases, the person requested to submit such materials shall comply therewith unless there is a compelling reason not to do so: |
| 1. | A State agency or local government; |
| 2. | The head of a public institution provided for in any of the subparagraphs of Article 4 (1) of the Act on the Management of Public Institutions; |
| 3. | A corporation managing a private qualification accredited by the competent Minister in accordance with Article 19 (1) of the Framework Act on Qualifications. |
| (2) | No one shall disclose or leak information or materials acquired in accordance with paragraph (1), furnish any third party with such information or materials, or otherwise use them for any purpose other than the classification and determination of aptitude. |
[This Article Added on Mar. 21, 2017]
| Article 14 (Disposition for Military Service) |
| (1) | The director of each regional military manpower office shall issue any of the following military service dispositions on persons who have undergone a draft physical examination (including those who have undergone a physical examination at a military hospital) or a physical examination for volunteers for active duty service. In such cases, for persons who have undergone a physical examination for volunteers for active duty service and attained 18 years of age, a disposition for military service shall be issued to them only when their physical grade is determined at Grade V or VI: <Amended on May 29, 2016> |
| 1. | Persons falling under any of Physical Grades I through IV: To be enlisted for active duty service, supplementary service, or the wartime labor service, based on their qualifications, such as educational background and age; |
| 2. | Persons falling under Physical Grade V: To be enlisted for the wartime labor service; |
| 3. | Persons falling under Physical Grade VI: To be exempted from military service; |
| 4. | Persons falling under Physical Grade VII: To undergo a follow-up physical examination. |
| (2) | Those determined at Physical Grade VII as a result of the follow-up physical examination conducted under Article 12 (3) after having been given a disposition for a follow-up physical examination as prescribed in paragraph (1) 4 shall be assigned to the wartime labor service, as prescribed by Presidential Decree: |
| (3) | The criteria for assigning any person falling under paragraph (1) 1 to be enlisted for active or supplementary service shall be determined by the Commissioner of the Military Manpower Administration. |
| (4) | Where it is necessary due to any change in the demand and supply of military service resources, enlistment plan, etc., the Commissioner of the Military Manpower Administration may change the assignment of the persons to be enlisted for active duty service, among those assigned as prescribed in paragraph (1) 1, to supplementary service. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 14-2 (Follow-up Draft Physical Examination) |
| (1) | The director of each regional military manpower office shall conduct a follow-up draft physical examination for persons qualified for active duty service and persons enlisted for supplementary service, in the fifth year from the year immediately following the year during which such disposition was issued, if they have not been conscripted or called up by December 31 falling four years immediately after the year during which such disposition was issued. <Amended on May 29, 2016> |
| (2) | Matters necessary for the persons exempted from a follow-up draft physical examination, the timing for a draft physical examination, etc. shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
| (3) | The provisions of Articles 10 through 14 shall apply |
| (4) | Where a person assigned to active duty service or supplementary service as a result of a follow-up draft physical examination falls under Article 60 (2) or 61 (1), it shall be deemed that conscription, call-up, or enlistment date has been continuously postponed. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 14-3 (Enlistment Examinations) |
| (1) | The director of a regional military manpower office shall conduct the following examinations (hereinafter referred to as "enlistment examination") on the date prescribed by Presidential Decree before the date of enlistment for those who have received a notice of enlistment for active duty service or a call for military education (excluding persons subject to a call for military education under the proviso of Article 55 (1) or paragraph (2) of that Article), and a notice of enlistment examination shall be served to a person who shall undergo an enlistment examination: <Amended on Jan. 9, 2024> |
| 1. | Physical examination; |
| 2. | Psychological test; |
| 3. | Inspection of whether narcotics defined in subparagraph 1 of Article 2 of the Narcotics Control Act are administered, smoked, or ingested. |
| (2) | A person upon receipt of a notice of enlistment examination under paragraph (1) shall undergo an enlistment examination on the date, time, and place designated by the director of a regional military manpower office. |
| (3) | For a person who is deemed unfit for active duty service or military education as a result of an enlistment examination, the physical grade or a military service disposition may be changed pursuant to Articles 12 and 14. |
| (4) | For a person requiring the period of medical treatment due to any disease or mental or physical disorder as a result of an enlistment examination, a military service disposition may be changed according to his physical grade after undergoing a follow-up physical examination as prescribed by Presidential Decree. |
| (5) | Articles 6, 11, 11-2, 12, 12-2, 13, 13-2, and 14 shall apply |
| (6) | The timing for and postponement of an enlistment examination under paragraph (1), persons exempted therefrom, and other necessary matters shall be prescribed by Presidential Decree. |
| (7) | Notwithstanding paragraph (1), where the Commissioner of the Military Manpower Administration deems it difficult for the director of a regional military manpower office to conduct an enlistment examination due to the reasons prescribed by Presidential Decree, such as the excess of the capacity of a draft physical examination center, he or she may request the Minister of National Defense that the commanding officer of a military unit conducts the enlistment examination (including inspections specified in paragraph (1) 3; hereafter in this paragraph the same shall apply). In such cases, the Minister of National Defense shall require the commanding officer of the military unit to conduct an enlistment examination. <Amended on Jan. 9, 2024> |
[This Article Added on Dec. 22, 2020]
CHAPTER IV SERVICE OF ACTIVE DUTY SERVICEMEN
Section 1 Enlistment for Active Duty Service
| Article 15 (Decision on Order of Conscription for Active Duty Service) |
| (1) | The director of each regional military manpower office shall decide the order of conscription for those who have been assigned to active duty service as a result of draft physical examination by |
| (2) | The criteria for deciding the order of conscription pursuant to paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration qualifications, such as physical grade, educational background, and age. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 16 (Enlistment of Active Duty Servicemen) |
| (1) | The Commissioner of the Military Manpower Administration or the director of each regional military manpower office shall have those whose order of conscription for active duty service has been determined enlist in the military in the year they undergo a draft physical examination or in the following year; and where the Commissioner of the Military Manpower Administration or the director of a regional military manpower office determines the time of enlistment, he shall endeavor to maintain the balance of qualifications of those to be enlisted for active duty service by service branch and by aptitude. <Amended on May 29, 2016; Mar. 21, 2017> |
| (2) | Notwithstanding the provisions of paragraph (1), the Commissioner of the Military Manpower Administration or the director of a regional military manpower office may have any person prescribed by Presidential Decree, such as those whose enlistment in active duty service has been postponed and the cause thereof ceases to exist, separately enlist in the military. <Amended on Mar. 21, 2017> |
| (3) | Even where a person who was assigned to active duty service and whose order of conscription was determined has moved his residence to another |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 17 Deleted. <Dec. 22, 2020> |
| Article 18 (Active Duty Service) |
| (1) | An active duty serviceman shall serve in a military unit from the day he enters military service: |
| (2) | The service period of an active duty soldier (including any staff sergeant appointed from among soldiers rather than volunteer soldiers; hereinafter the same shall apply) shall be as follows: <Amended on Mar. 31, 2020> |
| 1. | The Army: Two years; |
| 2. | The Navy: Two years and two months: |
| 3. | The Air Force: Two years and three months. |
| (3) | Where an active duty serviceman is sentenced to imprisonment with or without labor or misdemeanor imprisonment, is issued with a disposition for education on military discipline, or walks away from his post in the military, the number of days during which the sentence is executed, a disposition for education on military discipline is issued, or he walks away from his post, shall not be included in his period of active duty service. <Amended on Feb. 4, 2020> |
| (4) | In any of the following cases, the discharge of an active duty serviceman may be postponed: <Amended on May 29, 2016> |
| 1. | Where it is necessary to take measures for discharge from military service after such active duty serviceman is released by a disposition not to institute prosecution or by a trial, etc. when his service period is terminated while such serviceman is under restraint due to a criminal case; |
| 2. | Where continuous hospital treatment is medically necessary due to a war wound or wound or disease in the course of performing duty, and the person in question desires it; |
| 3. | Where the person in question desires it due to important military operations, training, or exercise, etc. |
| (5) | The period of delay of discharge under paragraph (4) 2 shall be within six months from the expiration of one's mandatory service, but where there is a medical opinion that hospitalization is required continuously even after six months, such period may be extended by up to six months consecutively: |
| (6) | The period of delay of discharge prescribed in paragraph (4) 3 shall be within three months from the expiration of a mandatory military service: |
| (7) | The Minister of National Defense may delegate the authority concerning delay of discharge prescribed in paragraph (4) 3 to the chief of staff of each service branch. <Added on May 29, 2016> |
| (8) | Matters necessary for delay of discharge of active duty servicemen prescribed in paragraph (4) shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 19 (Adjustment of Period of Active Duty Service) |
| (1) | The Minister of National Defense may adjust the period of active duty service as follows. In such cases, in cases falling under subparagraphs 1 and 3, the Minister of National Defense shall obtain approval from the President through deliberation by the State Council: <Amended on May 29, 2016> |
| 1. | The extension of the period of active duty service by not more than six months where a war breaks out or a public disturbance or any other similar emergency occurs, where a special disaster area is proclaimed in accordance with Article 60 (1) of the Framework Act on the Management of Disasters and Safety, where further military units are created or existing units expanded or where it is difficult to reinforce the troops due to a lack of military service resources; |
| 2. | The extension of the period of active duty service by not more than three months where servicemen are serving aboard ships at sea, serving abroad, or participating in any major operation or major military exercise; |
| 3. | The shortening of the period of active duty service by not more than six months, where it is necessary to coordinate the fixed number, or to coordinate the service period due to a decline in the number of applicants who sign up for military service. |
| (2) | Where the Minister of National Defense desires to extend the service period pursuant to paragraph (1) 2, he or she shall cause the period and reason to be noticed to the person in question, and where the reason for the extension ceases to exist, he or she shall immediately remove the extension of the service period. |
| (3) | The Minister of National Defense may delegate his or her authority on the extension and removal of the service period referred to in paragraph (2) to the chief of staff of each service branch. |
| (4) | Where the Minister of National Defense desires to extend or shorten the service period pursuant to paragraph (1) 1 or 3, he or she shall file a report on the period, reasons, countermeasures, etc. with the competent Standing Committee of the National Assembly: |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 20 (Recruitment of Active Duty Servicemen) |
| (1) | The Commissioner of the Military Manpower Administration or the chief of staff of each service branch may select persons of 18 years of age or older who have volunteered to serve in the armed forces as active duty servicemen of the Army, the Navy, or the Air Force after a physical examination for volunteers for active duty service (including inspections specified in Article 14-3 (1) 3) conducted by the Commissioner of the Military Manpower Administration or the chief of staff of each service branch, as prescribed by Presidential Decree. In such cases, the Commissioner of the Military Manpower Administration may conduct an examination of physical strength, interview, written examination, skill test, etc. to select them, after holding consultations with the chief of staff of each service branch. <Amended on May 28, 2014; Jan. 9, 2024> |
| (2) | The Commissioner of the Military Manpower Administration or the chief of staff of each service branch shall have persons selected as servicemen on active duty under paragraph (1) enter military service on a fixed date. In such cases, when persons selected as active duty servicemen want the selection to be revoked before they enter military service, permission for the revocation of the selection may be granted only where grounds prescribed by Presidential Decree exist. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 20-2 (Operation of System for Noncommissioned Officer in Fixed Term Position) |
| (1) | If deemed necessary for securing well-trained personnel, the Commissioner of the Military Manpower Administration or the chief of staff of each service branch may select persons who will serve as a noncommissioned officer for a specified period not exceeding four years after completing active duty service (hereinafter referred to as"noncommissioned officer in a fixed term position"), upon their application. <Amended on Dec. 22, 2020> |
| (2) | A person who will serve as a noncommissioned officer in a fixed term position shall be selected from among any of the following persons: <Amended on May 29, 2016; Dec. 22, 2020> |
| 1. | Persons assigned to the preliminary military service; |
| 2. | Persons currently in active duty service. |
| (3) | A noncommissioned officer in a fixed term position shall be paid remuneration, as prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
| (4) | Article 20 (2) shall apply |
| (5) | Where a noncommissioned officer in a fixed term position desires to have his service discontinued, the chief of staff of each service branch may permit such discontinuance only where he is deemed unsuitable to continue his active duty service due to a reason prescribed by Presidential Decree, such as disease, mental or physical disorder, etc. <Amended on Dec. 22, 2020> |
| (6) | Matters necessary for the selection, revocation of selection, service, etc. of noncommissioned officers in a fixed term position shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Dec. 22, 2020]
| Article 20-3 (Designation of Specialist Training Institution for Noncommissioned Officers in Fixed Term Position) |
| (1) | In order to stably secure noncommissioned officers in a fixed term position, the Minister of National Defense may designate a high school that provides specialized education for the purpose of nurturing human resources in specific fields among high schools under the Elementary and Secondary Education Act, as a specialist training institution for noncommissioned officers in a fixed term position (hereinafter referred to as"specialist training institution"), as prescribed by Presidential Decree. |
| (2) | The Minister of National Defense may fully or partially subsidize specialist training institutions for expenses incurred in providing education, training, etc. for noncommissioned officers in a fixed term position, within the budget. |
| (3) | The Minister of National Defense may evaluate the operational performance of specialist training institutions, as prescribed by Presidential Decree. |
| (4) | Where a specialist training institution falls under any of the following cases, the Minister of National Defense may revoke the designation: |
| 1. | Where it has been designated by fraud or other improper means; |
| 2. | Where the evaluation results of operational performance under paragraph (3) fail to meet the standards as prescribed by Presidential Decree. |
| (5) | The Minister of National Defense shall hold a hearing to revoke the designation of a specialist training institution pursuant to paragraph (4). |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the designation of and support for specialist training institutions, evaluation of the operational performance, revocation of designation, etc. shall be prescribed by Presidential Decree. |
[This Article Added on Apr. 13, 2021]
[Previous Article 20-3 moved to Article 20-4 <Apr. 13, 2021>]
| Article 20-4 (Request for Submission of School Life Records) |
| (1) | In order to screen and select persons who have volunteered to serve in the military as prescribed in Articles 20 and 20-2, the Commissioner of the Military Manpower Administration may request the head of a school under the Elementary and Secondary Education Act, with the consent of an applicant, to submit the school life records of the last school attended by the relevant applicant through an information system. In such cases, the person requested to submit such data shall comply therewith unless there is a compelling reason not to do so. |
| (2) | No one shall use any information or data obtained as prescribed in paragraph (1) for a purpose, other than for screening to select active duty servicemen, such as disclosing it to the public, leaking it, supplying it to third persons, etc. |
[This Article Added on Jun. 9, 2009]
[Moved from Article 20-3 <Apr. 13, 2021>]
Section 2 Enlistment and Call-Up of Those to Be Called to Full-Time Reserve Service and Assignment to and Performance of Onboard Ship Reserve Service
| Article 21 (Those To Be Called to Full-Time Reserve Service and Their Selection) |
| (1) | A call-up to full-time reserve service shall be issued to those enlisted for full-time reserve service by conscription, and assigned to reserve service after having completed the period of active duty service prescribed by Presidential Decree within one year, or assigned to reserve service under Article 65 (3) of this Act. <Amended on May 24, 2011> |
| (2) | The director of each regional military manpower office shall select, by place of residence, those to be called to full-time reserve service from among those to be enlisted for active duty service by conscription. |
| (3) | The criteria for the selection of those to be called to full-time reserve service under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration their qualifications, such as place of residence, physical grade, academic background and age. <Amended on May 29, 2016> |
| (4) | For persons who are selected to be called to full-time reserve service under paragraph (2) and unable to serve as a full-time reserve serviceman in the areas where they are selected due to a change in their status, etc., the directors of the regional military manpower offices may revoke the selection of those to be called to full-time reserve service: |
| (5) | Matters necessary to set requirements and procedures for the revocation referred to in the main clause of paragraph (4) shall be prescribed by the Commissioner of the Military Manpower Administration: |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 21-2 (Assignment to Onboard Ship Reserve Service) |
| (1) | Any of the following persons who hold a mariner's license or engineer's license under Article 4 (2) 1 or 2 of the Ship Personnel Act may, upon his application, be assigned to onboard ship reserve service: <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| 1. | A person who completed a course for officer candidates or noncommissioned officer candidates (limited to the Navy) of student military training corps established at a high school or a school of higher level prescribed in Article 57 (2), and has not been enrolled on the military register of officers or noncommissioned officers in active duty service; |
| 2. | A person subject to enlistment in active duty service, who has completed a regular educational course at an educational institution designated by the Minister of Oceans and Fisheries under the relevant provisions of the Ship Personnel Act. |
| (2) | A person who has been assigned to onboard ship reserve service as prescribed in paragraph (1) shall be enrolled on the military register according to the following classification: <Added on Jan. 25, 2010> |
| 1. | Register of reserve officers: A person who completed a course for officer candidates of student military training corps prescribed in paragraph (1) 1 and has yet to be enrolled on the military register of officers in active duty service; |
| 2. | Register of reserve noncommissioned officers: A person who completed a course for noncommissioned officer candidates of student military training corps prescribed in paragraph (1) 1 and has yet to be enrolled on the military register of noncommissioned officers in active duty service; |
| 3. | Register of reserve enlisted men: A person falling under paragraph (1) 2. |
| (3) | The Commissioner of the Military Manpower Administration shall decide on the number of persons to be assigned to onboard ship reserve service insofar as it does not hinder the supplementation of personnel needed by the military, and decide on the number of persons for each enterprise in which onboard ship reserve personnel can serve. <Added on Jan. 25, 2010> |
| (4) | Matters necessary for the standards and procedures for the assignment to onboard ship reserve service, notification of the number of persons needed, standards for allocation for each enterprise, etc. prescribed in paragraphs (1) and (3) shall be prescribed by Presidential Decree. <Amended on Jan. 25, 2010> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jan. 25, 2010]
| Article 22 (Enlistment and Call-up of Those To Be Called to Full-Time Reserve Service) |
| (1) | The director of a regional military manpower office shall have those to be called to full-time reserve service enlisted for active duty service according to the number of persons needed by place of residence. |
| (2) | The chief of staff of a service branch shall assign persons who were enlisted in the military under paragraph (1) to reserve service on the day after the period of active duty service prescribed in Article 21 (1) is completed. <Amended on May 24, 2011> |
| (3) | The chief of staff of a service branch shall call those assigned to reserve service up to full-time reserve service from the date when those are assigned to reserve service in accordance with paragraph (2) or Article 65 (3). <Added on May 24, 2011> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 23 (Service of Full-Time Reserve Personnel) |
| (1) | The service period of persons called to full-time reserve service shall not exceed two years and six months, but the period prescribed in each of the following subparagraphs shall be included in the period of full-time reserve service. <Amended on May 24, 2011; May 29, 2016> |
| 1. | Period of active duty service in accordance with Article 21 (1); |
| 2. | Period of service as active duty servicemen (including those in service in accordance with Article 25) before being assigned to reserve service pursuant to Article 65 (3). |
| (2) | Where a person who has been called to full-time reserve service completes the service period referred to in paragraph (1), he shall be deemed to have completed the period of service as a conscript in active duty service. |
| (3) | The provisions of this Act or the Military Personnel Management Act concerning the service of active duty servicemen shall apply |
| (4) | The chief of staff of a service branch shall dispatch those who have been called to full-time reserve service to a military unit performing regional defense service or an organization providing support thereto, and have them serve in such unit or organization. <Amended on Apr. 13, 2021> |
| (5) | The Minister of National Defense may allow those who have been called to full-time reserve service to reside outside military units, and provide them with meals or pay them expenses actually incurred for meals within the budget. |
| (6) | Where a person who has been called to full-time reserve service is sentenced to imprisonment with or without labor or misdemeanor imprisonment, is issued with a disposition for education on military discipline, or walks away from his post, the number of days during which the sentence is executed, a disposition for education on military discipline is issued, or such person walks away from his post shall not be included in his service period. <Amended on Feb. 4, 2020> |
| (7) | With regard to delay of discharge from military service of full-time reserve personnel, the provisions of Article 18 (4) through (8) shall apply |
| (8) | Matters necessary for the service period of full-time reserve personnel under paragraph (1) and the release of call-up, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 23-2 (Service of Onboard Ship Reserve Personnel) |
| (1) | Each person assigned to onboard ship reserve service pursuant to Article 21-2 shall perform a service on board a ship for three years as a mariner or engineer, as prescribed by Presidential Decree, and shall be deemed to have completed active duty service when such service period ends. <Amended on Jan. 25, 2010> |
| (2) | A person who falls under Article 21-2 (1) 2 and has been assigned to onboard ship reserve service shall be called for military education under Article 55, and the period of military education call shall be included in the period of onboard ship service referred to in paragraph (1). <Amended on May 29, 2016> |
| (3) | A person to be assigned to onboard ship reserve service shall submit to the director of the competent regional military manpower office a written oath to the effect that he will faithfully engage in his service during the mandatory service period referred to in paragraph (1). <Added on Mar. 31, 2020> |
| (4) | Matters concerning the call-up of onboard ship reserve personnel, calculation of the period of onboard ship service, release of call-up, and other matters necessary for service shall be prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Mar. 31, 2020> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 23-3 (Notification of Changes in Status of Onboard Ship Reserve Personnel) |
The head of an enterprise in the field of shipping industry or fisheries (hereafter in this Section referred to as"shipping enterprise, etc.") in which any onboard ship reserve serviceman is in service shall, if the onboard ship reserve serviceman or the shipping enterprise, etc. falls under any of the following subparagraphs, notify the director of the competent regional military manpower office (referring to the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over the administrative district in which the principal office of the shipping enterprise, etc. is situated; hereafter in this Section the same shall apply) within 14 days from the date the relevant cause arises: <Amended on May 29, 2016>
| 1. | Where the onboard ship reserve serviceman is dismissed or retires from the enterprise of which he has been in service on board a ship; |
| 2. | Where the onboard ship reserve serviceman embarks or disembarks a ship; |
| 3. | Where the onboard ship reserve serviceman's mariner's license or engineer's license is revoked or suspended; |
| 4. | Where the onboard ship reserve serviceman desires to revoke the assignment to onboard ship reserve service; |
| 5. | Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service for three years prescribed in Article 23-2 (1) (hereinafter referred to as"period of onboard ship service") within five years from the date of assignment to onboard ship reserve service; |
| 6. | Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service by the time he reaches the age of 30; |
| 7. | Where the enterprise of which he is in service suspends its business, closes its operation, performs a lock-out, or discontinues its business; |
| 8. | Where a cause prescribed by Presidential Decree arises. |
[This Article Added on Jan. 25, 2010]
[Title Amended on May 29, 2016]
| Article 23-4 (Revocation of Assignment to Onboard Ship Reserve Service and Imposition of Obligation) |
| (1) | Where an onboard ship reserve serviceman falls under any of the following subparagraphs, the director of the competent regional military manpower office shall revoke his assignment: |
| 1. | Where the onboard ship reserve serviceman's mariner's license or engineer's license is revoked; |
| 2. | Where the onboard ship reserve serviceman desires to revoke the assignment to onboard ship reserve service; |
| 3. | Where the onboard ship reserve serviceman is unable to fulfill the period of onboard ship service within five years form the date of assignment; |
| 4. | Where the onboard ship reserve serviceman cannot fulfill the period of onboard ship service by the time he reaches the age of 30. |
| (2) | A person whose assignment to onboard ship reserve service has been revoked pursuant to paragraph (1) shall return to a position he had before being assigned to onboard ship reserve service and shall be enlisted for active duty service or called to social service for the remaining service period in accordance with the standards prescribed by Presidential Decree. In such cases, a person whose remaining service period is less than six months in accordance with the standards prescribed by Presidential Decree, among those to be enlisted for active duty service, may be ordered to serve as social service personnel by call-up. <Amended on Dec. 22, 2020> |
| (3) | Deleted. <Dec. 22, 2020> |
| (4) | No person whose assignment to onboard ship reserve service has been revoked pursuant to paragraph (1) shall be re-assigned to onboard ship reserve service to perform mandatory military service. <Added on Dec. 22, 2020> |
[This Article Added on Jan. 25, 2010]
| Article 23-5 (Inspection on Fact-Finding Survey of Onboard Ship Reserve Service) |
| (1) | The Minister of Oceans and Fisheries shall formulate and implement an operational plan each year to systematically operate the system for onboard ship reserve service, as prescribed by Presidential Decree. <Added on Apr. 13, 2021> |
| (2) | The director of the competent regional military manpower office shall conduct a fact-finding survey on the service management and infringement of human rights regarding a shipping enterprise, etc. and onboard ship reserve servicemen, at least once a year, as prescribed by Presidential Decree. In such cases, where it is impracticable to conduct a fact-finding survey because of overseas service, etc. of onboard ship reserve servicemen, he or she may conduct the survey using information and communication networks, etc. <Amended on Apr. 13, 2021> |
| (3) | Where it is deemed that onboard ship reserve personnel have suffered human rights violations as a result of verification conducted as prescribed by Presidential Decree, such as a fact-finding survey under paragraph (2), the director of the competent regional military manpower office may transfer the relevant personnel another marine transportation enterprise, etc. to perform onboard service. <Added on Jan. 9, 2024> |
| (4) | Where the Commissioner of the Military Manpower Administration determines the number of persons who may be assigned to onboard ship reserve service for the following year pursuant to Article 21-2 (3), he or she need not assign or may limit the number of such persons to shipping enterprises, etc. that are found to have insufficient service management or have infringed human rights as a result of the fact-finding survey under paragraph (2). <Amended on Apr. 13, 2021; Jan. 9, 2024> |
[This Article Wholly Amended on Mar. 31, 2020]
| Article 23-6 (Submission of Written Oaths by Heads of Shipping Enterprises) |
| (1) | The head of a shipping enterprise, etc. shall prepare a written oath stating that he or she shall comply with the terms and conditions of employment in good faith as agreed upon, as prescribed by Presidential Decree, and submit it to the director of the competent regional military manpower office. |
| (2) | Where the head of a shipping enterprise, etc. prepares a written oath under paragraph (1), he or she shall notify onboard ship reserve servicemen of the rights under the terms and conditions of employment, the method of reporting any infringement on the rights, and other matters. |
[This Article Added on Mar. 31, 2020]
Section 3 Secondment
| Article 24 Deleted. <May 29, 2016> |
| Article 25 (Secondment by Recommendation) |
| (1) | In any of the following cases, the Minister of National Defense may consider persons recommended thereunder as applicants for active duty service, and have the directors of the regional military manpower offices enlist and then second them for service after having them complete specified military education: <Amended on Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017> |
| 1. | Where the Minister received a recommendation from the Fire Commissioner of the National Fire Agency of persons to be appointed to obligatory fire-fighting personnel in charge of assisting the fire-fighting duties under Article 3 (2) of the Act on the Establishment of Obligatory Fire-Fighting Unit; |
| 2. | Where the Minister received a recommendation from the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard of persons who are to serve in auxiliary police companies, as persons to be appointed as auxiliary police officers or prospective graduates of the Korean National Police University, in charge of assisting public security affairs and performing counterespionage operations pursuant to Article 3 of the Act on the Establishment and Operation of Auxiliary Police Companies. |
| (2) | A person seconded under paragraph (1) shall serve for the same period as that of an active duty serviceman, commencing from the date of his enlistment. |
| (3) | In any of the following cases, the Commissioner General of the Korean National Police Agency, the Fire Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard may extend the service period of persons seconded under paragraph (1) by up to six months. In such cases, he or she shall consult with the Minister of National Defense and obtain approval from the President through deliberation by the State Council: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Situation corresponding to a war or public disturbance; |
| 2. | Where a special disaster area has been proclaimed under Article 60 (1) of the Framework Act on the Management of Disasters and Safety; |
| 3. | Where it is hard to supplement the personnel for secondment. |
| (4) | The period of secondment and the period of extended secondment under paragraphs (2) and (3) shall be deemed the period of service as an active duty serviceman. |
| (5) | Where persons seconded pursuant to paragraph (1) complete their military service, the Minister of National Defense shall revoke secondment and assign them to reserve service. <Amended on May 29, 2016> |
| (6) | The Commissioner General of the Korean National Police Agency, the Fire Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard may request the Minister of National Defense to revoke secondment of persons falling under any of the subparagraphs of Article 65 (1), who are seconded pursuant to paragraph (1). <Added on May 29, 2016; Jul. 26, 2017> |
| (7) | The Minister of National Defense, in receipt of a request for revocation of secondment prescribed in paragraph (6), shall cancel the secondment of the relevant person and discharge or exempt them from military service. <Added on May 29, 2016> |
| (8) | Matters necessary for allotment of recommended persons prescribed in paragraph (1) and their secondment shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
CHAPTER V SERVICE OF SUPPLEMENTARY SERVICE PERSONNEL
Section 1 Service of Social Service Personnel
| Article 26 (Duties of and Candidates for Social Service Personnel) |
| (1) | Social service personnel shall perform any of the following duties: <Amended on Jun. 4, 2013> |
| 1. | Duties to support social service affairs, such as social welfare, health, medical service, education, culture, environment, safety, etc. necessary for public interest pursued by State agencies, local governments, public organizations, and social welfare facilities; |
| 2. | Duties to support administrative affairs, etc. necessary for public interest pursued by State agencies, local governments and public organizations; |
| 3. | Deleted; <Jun. 4, 2013> |
| 4. | Deleted; <Jun. 4, 2013> |
| (2) | Deleted. <Jun. 4, 2013> |
| (3) | Matters necessary for the classification, etc. of fields to be served by social service personnel shall be prescribed by Presidential Decree. <Amended on Jun. 4, 2013> |
| (4) | Social work personnel to serve in social welfare facilities under paragraph (1) 1 shall be chosen by the director of a regional military manpower office and matters necessary for establishing standards and procedures for choosing them shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended on Jun. 4, 2013> |
| (5) | Deleted. <Jun. 4, 2013> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 27 (Determination of Number of Social Service Personnel to Be Assigned) |
| (1) | When the director of a regional military manpower office receives a request for the assignment of social service personnel for the following year from the head of a State agency, head of a local government, or head of a public organization requiring such social service personnel, he or she shall determine institutions to serve in, fields of service, types of service, number of personnel to be assigned, etc. <Amended on Jun. 4, 2013> |
| (2) | Deleted. <Jun. 4, 2013> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 28 (Determination of Call-up Order of Social Service Personnel) |
| (1) | The director of each regional military manpower office shall determine, by region, the order of call-up of those to be called to social service. <Amended on Jun. 4, 2013> |
| (2) | The criteria for determining the scope of call-up by region and the order of call-up under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration, taking into consideration qualifications, such as physical grade, educational background, and age. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 29 (Call-Up of Social Service Personnel) |
| (1) | The director of each regional military manpower office shall call up social service personnel whose order of call-up has been decided after determining agencies in which they are to serve: |
| (2) | Notwithstanding the provisions of paragraph (1), the Commissioner of the Military Manpower Administration may have the director of a regional military manpower office separately call up persons prescribed by Presidential Decree, such as those whose call-up to social service was postponed and for whom a cause for such postponement has ceased to exist, as social service personnel. <Amended on Jun. 4, 2013> |
| (3) | Those called to social service pursuant to paragraphs (1) and (2) shall be called for education under Article 55, and the period of such education call shall be included in their service period. <Amended on Jun. 4, 2013; May 29, 2016> |
| (4) | Where a member of the social service personnel is sentenced to a penalty for any of the following crimes, the director of a regional military manpower office may provide the relevant information to the head of an agency in which the member of the social service personnel is to be in service to ensure that the head of the agency uses it to assign their duties, and the procedures for providing the information and the scope of the information to be provided shall be determined by the Commissioner of the Military Manpower Administration: <Added on Dec. 22, 2020; Jan. 9, 2024> |
| 1. | Crimes prescribed in subparagraphs 2, 3, and 3-2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses; |
| 2. | Crimes prescribed in Articles 70 through 73 of the Personal Information Protection Act; |
| 3. | Specific violent crimes prescribed in Article 2 of the Act on Special Cases concerning the Punishment of Specific Violent Crimes; |
| 4. | Crimes of bodily injury or violence prescribed in Articles 257, 258, 258-2, and 259 through 265 of the Criminal Act, and crimes of intimidation prescribed in Articles 283 through 286 of the Criminal Act; |
| 5. | Crimes prescribed in Articles 58, 58-2, 59 through 64, and 65-2 of the Narcotics Control Act. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013; Dec. 22, 2020]
| Article 30 (Service Period of Social Service Personnel) |
| (1) | The service period of social service personnel shall be two years and two months. <Amended on Jun. 4, 2013> |
| (2) | Where any member of the social service personnel is sentenced to imprisonment with or without labor or misdemeanor imprisonment, or walks away from his post, the number of days during which the sentence is executed or he walks away from his post shall not be included in his service period. <Amended on Jun. 4, 2013> |
| (3) | Article 18 (4) 1 concerning the delay of discharge of active duty servicemen shall apply |
| (4) | Matters necessary for the service of social work personnel, such as the calculation of a service period and the discharge from service, shall be prescribed by Presidential Decree. <Amended on Jun. 4, 2013> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 31 (Service and Remuneration of Social Service Personnel) |
| (1) | The heads of agencies to which social service personnel are assigned shall have them serve in the designated fields of service, and matters necessary for the service, other than those provided for in this Act, shall be prescribed by Presidential Decree. In such cases, any act performed in the course of performing duties by such social service personnel shall be deemed the performance of public duties. <Amended on Jun. 4, 2013> |
| (2) | When the heads of agencies to which social service personnel are assigned pursuant to paragraph (1) designate or alter the fields of service of such social service personnel, they shall have a prior consultation with the director of the competent regional military manpower office. <Amended on Jun. 4, 2013> |
| (3) | Deleted. <Jun. 4, 2013> |
| (4) | Any member of the social service personnel shall commute to and from work, and be under the command and supervision of the head of an agency to which he is assigned: |
| (5) | The head of a State agency, local government, or public organization shall pay social service personnel remuneration and travel expenses, etc. incurred in performing their duties, and matters necessary for setting the criteria therefor, etc. shall be prescribed by Presidential Decree: |
| (6) | Deleted. <Jun. 4, 2013> |
| (7) | Deleted. <Jun. 4, 2013> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 31-2 (Management and Supervision of Service of Social Service Personnel) |
| (1) | The heads of State agencies, local governments, public organizations, and social welfare facilities where social service personnel are in service shall designate officials to take responsibility for managing the service of such social service personnel: |
| (2) | With regard to the service of social service personnel, the Commissioner of the Military Manpower Administration may manage and supervise social service personnel, as prescribed by Presidential Decree. In such cases, the heads of agencies where such social service personnel are in service shall cooperate therewith. <Amended on Jun. 4, 2013> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 31-3 (Divided Service of Social Service Personnel) |
| (1) | Where any of the following applies to a person who works as social service personnel, the director of each regional military manpower office may suspend his service for a specified period and then allow the person to resume service: <Amended on Jun. 4, 2013; Dec. 7, 2021> |
| 1. | Where it is necessary for his own medical treatment; |
| 2. | Where it is necessary for tending his ailing family member; |
| 3. | Where his family needs his support due to a disaster or family matters. |
| (2) | The service suspension period shall not exceed the periods classified as follows: <Added on Dec. 7, 2021> |
| 1. | Cases falling under paragraph (1) 1: A total period of two years: |
| 2. | Cases falling under paragraph (1) 2 or 3: A total period of six months. |
| (3) | Matters necessary for the detailed standards, procedures, etc. for divided service under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 7, 2021> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 31-4 (Duty of Good Faith of Social Service Personnel) |
Social service personnel shall obey orders with respect to their duties and perform their duties in good faith.
[This Article Added on Oct. 31, 2023]
| Article 31-5 (Prohibition of Harassment in Agency of Service) |
The head or employees of the agency where the social service personnel serve shall not cause physical or mental suffering to social service personnel or deteriorate the working environment beyond the proper scope of their duties by taking advantage of their dominance in status or relationship, etc. (hereinafter referred to as"harassment in the agency of service").
[This Article Added on Oct. 31, 2023]
| Article 31-6 (Measures to Be Taken in Case of Harassment in Agency of Serve) |
| (1) | Anyone who becomes aware of harassment in the agency of serve may report it to the head of the agency of service or the director of the regional military manpower office, and if the director of the regional military manpower office receives such report, he or she shall inform the head of the agency of service without delay. |
| (2) | Upon receipt of a report under paragraph (1) or becoming aware of the occurrence of harassment in the agency of service, the head of the agency of service shall conduct an objective investigation on the parties involved and others without delay to confirm the facts: |
| (3) | If the director of the regional military manpower office investigates pursuant to paragraph (2), the head of the agency of service shall be informed of the results. |
| (4) | If necessary to protect social service personnel who have been victimized or allegedly victimized in connection with harassment in the agency of service (hereinafter referred to as"victimized social service personnel, etc."), the head of the agency of service shall take appropriate measures, such as changing the place of work or ordering leave, for the victimized social service personnel, etc. during the investigation period under paragraph (2). In such cases, the head of the agency of service shall not take any measure against the will of the victimized social service personnel, etc. |
| (5) | If the investigation under paragraph (2) confirms the occurrence of harassment in the agency of service, the head of the agency of service shall take appropriate measures, such as changing the place of work or ordering leave, at the request of the victimized social service personnel, etc. |
| (6) | If the investigation under paragraph (2) confirms the occurrence of harassment in the agency of service, the head of the agency of service shall take necessary measures against the harasser without delay, such as disciplining the harasser or changing the place of work. In such cases, the head of the agency of service shall hear the opinion of the victimized social service personnel, etc. before taking disciplinary or other measures. |
| (7) | A person who investigated the occurrence of harassment in the agency of service pursuant to paragraph (2), a person to whom the investigation is reported, and any other person who participated in the investigation process shall not disclose secrets learned in the course of the investigation to any other person against the will of the victimized social service personnel, etc.: |
| (8) | The head of the agency of service shall inform the director of the regional military manpower office of the results of the investigation and measures under paragraphs (2) and (4) through (6). |
| (9) | The head of the agency of service shall not give unfavorable treatment to social service personnel who report the occurrence of harassment in the agency of service and the victimized social service personnel, etc. |
| (10) | Matters necessary for the procedures, methods, etc. for investigating harassment in the agency of service shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 31, 2023]
| Article 32 (Notification on Changes in Status of Social Service Personnel) |
| (1) | Where a member of the social service personnel falls under any of the following, the head of the State agency, local government, or public organization to which such member of the social service personnel is assigned shall notify the director of the relevant regional military manpower office of such fact within 14 days therefrom: <Amended on May 24, 2011; Jun. 4, 2013> |
| 1. | Where he walks away from his post or fails to serve in the relevant field without good cause; |
| 2. | Where he receives a warning disposition as prescribed in Article 33 (2) because he has failed to comply with a lawful order for service; |
| 3. | Where it is deemed impossible for him to commute to and from work, because whole or part of family residing together has moved to another place; |
| 4. | Where an agency where he has been in service is closed down or moves to another place; |
| 5. | Where it is deemed impossible for him to normally perform his duties because he has been sentenced to imprisonment with or without labor during the service period; |
| 6. | Where it is deemed impossible to continue his service in the assigned agency due to the occurrence or aggravation of disease or mental or physical disorder during the service period. |
| (2) | Where a member of the social service personnel under Article 26 (1) 1 falls under any subparagraph of paragraph (1), the head of a social welfare facility to which such member of the social service personnel is assigned shall notify the director of the competent regional military manpower office of such fact within 14 days therefrom through the head of a |
| (3) | Deleted. <Jun. 4, 2013> |
| (4) | Where the director of a regional military manpower office is notified of any change in the status of a member of the social service personnel falling under any of paragraph (1) 3 through 6, he may designate another agency for such member of the social service personnel to serve in, as prescribed by Presidential Decree. In such cases, the head of a newly designated agency shall designate a field and a place in which such member of the social service personnel is to serve and then shall notify the competent regional military manpower office of such designation within 14 days therefrom. <Amended on Jun. 4, 2013; May 29, 2016> |
| (5) | Deleted. <Jun. 4, 2013> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 32-2 (Notification of Commencement and Completion of Investigations by Investigative Agency) |
| (1) | When an investigative agency commences and completes an investigation on a crime referred to in each subparagraph of Article 29 (4) committed by social service personnel, it shall notify the relevant fact and results to the head of a service agency for social service personnel and the director of a regional military manpower office (including the Commissioner of the Military Manpower Administration; hereafter in this Article the same shall apply) within 10 days. |
| (2) | Upon receipt of notification under paragraph (1), the head of a service agency and the director of a regional military manpower office may utilize the details of such notification in the management of service, such as assigning duties. |
[This Article Added on Apr. 13, 2021]
| Article 32-3 (Prohibition of Political Activities by Social Service Personnel) |
| (1) | Social service personnel may neither participate in the formation of nor join a political party. |
| (2) | Social service personnel may not perform any of the following acts to support or oppose a political party or person in an election: |
| 1. | Campaigning to encourage people to vote or not to vote; |
| 2. | Attempting, hosting, or soliciting a signed petition campaign; |
| 3. | Posting or causing others to post documents or books in a public place, etc.; |
| 4. | Soliciting or causing others to solicit contributions or using or causing others to use public funds; |
| 5. | Soliciting others to join or not to join a political party. |
| (3) | Social service personnel shall not require other social service personnel to perform an act in violation of paragraphs (1) and (2), or promise benefits or disadvantages as a reward or retribution for political behavior. |
| (4) | Except as provided in paragraphs (1) through (3), limits on the prohibition of political activities shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 31, 2023]
| Article 33 (Extension of Service of Social Service Personnel) |
| (1) | Where a member of the social service personnel walks away from his post without good cause, he shall be ordered to serve for an extended period corresponding to five times the number of days during which he walks away from his post: |
| (2) | Where a member of the social service personnel falls under any of the following, he shall be subject to a warning disposition and his service period shall be extended for five more days each time he receives such warning disposition: |
| 1. | Where he obstructs another person's service or instigates another person to neglect service; |
| 2. | Where he violates the prohibition of political activities under Article 32-3; |
| 3. | Where he treats another member of the social service personnel harshly; |
| 3-2. | Where he commits any physical, emotional or sexual act of violence, or harsh act against a person using a social service provided by the agency where he is in service; |
| 4. | Where he engages in any profit-making activity in relation to his service, or holds another post concurrently without permission from the head of an agency in which he is in service; |
| 5. | Where he consumes alcohol, gambles, acts in a manner compromising public morals, or commits any other act degrading official discipline during his working hours; |
| 6. | Where he searches or peruses any other person’s information without legitimate authority; |
| 7. | Where he falls under any ground prescribed by Presidential Decree, such as a failure to perform assigned duties or delay of such duties without good cause. |
| (3) | Deleted. <Jun. 4, 2013> |
| (4) | A member of the social service personnel who is sentenced to a penalty pursuant to subparagraph 1 of Article 89-2 or pursuant to Article 89-3 shall continue to serve as a member of the social service personnel for the remaining service period, as prescribed by Presidential Decree: |
| (5) | Deleted. <Jun. 4, 2013> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
[Subparagraph 2 of the main clause of paragraph (2) of this Article is amended by Act No. 19761 (dated Oct. 31, 2023) based on the Constitutional Court's decision on unconstitutionality dated Nov. 25, 2021.]
| Article 33-2 (Basic Education on Service and Education on Duties) |
| (1) | The Commissioner of the Military Manpower Administration or the director of a regional military manpower office may give basic education on service to social service personnel to establish a mental attitude that they should have as those who perform public service, as prescribed by Presidential Decree. <Amended on Jun. 4, 2013; May 29, 2016> |
| (2) | The heads of related central administrative agencies shall provide social service personnel with education on duties necessary for enhancing the capability to perform duties efficiently, as prescribed by Presidential Decree: |
| (3) | The Commissioner of the Military Manpower Administration or the director of a regional military manpower office may give guidance education on service to any member of the social service personnel acknowledged by the Commissioner of the Military Manpower Administration as requiring such education due to any reason referred to in the following subparagraphs, as prescribed by Presidential Decree: <Amended on Jun. 4, 2013; May 29, 2016; Mar. 21, 2017> |
| 1. | Where he walks away from his post without good cause; |
| 2. | Where he falls under any of the subparagraphs of Article 33 (2); |
| 3. | Where he is transferred to supplementary service because of being unfit to perform active service or otherwise subject to any grounds prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
Section 1-2 Service of Art and Sports Personnel
| Article 33-3 Deleted. <Jan. 19, 2016> |
| Article 33-4 Deleted. <Jan. 19, 2016> |
| Article 33-5 Deleted. <Jan. 19, 2016> |
| Article 33-6 Deleted. <Jan. 19, 2016> |
| Article 33-7 (Assignment of Art and Sports Personnel) |
| (1) | The Commissioner of the Military Manpower Administration may assign persons recommended by the Minister of Culture, Sports and Tourism, who has specialty in the field of arts or sports who are prescribed by Presidential Decree, from among any of the following persons, to arts or sports personnel. In such cases, persons falling under subparagraphs 1 through 3 shall be assigned to supplementary service: <Amended on Jan. 19, 2016; May 29, 2016>f |
| 1. | A person to be enlisted for active duty service; |
| 2. | Persons in active duty service (including persons in military service pursuant to Article 21 or 25); |
| 3. | Persons in onboard ship reserve service; |
| 4. | Persons in supplementary service, subject to call-up of social service personnel; |
| 5. | Persons who are in supplementary service (referring to persons who are serving as social service personnel, public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates, public quarantine veterinarians, expert research personnel or industrial technical personnel). |
| (2) | Matters necessary for the assignment of art and sports personnel shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 4, 2013]
| Article 33-8 (Period of Mandatory Service of Art and Sports Personnel) |
| (1) | The period of mandatory service of art and sports personnel shall be two years and 10 months, and they shall be deemed to have completed their service as social service personnel upon expiration of such period. <Amended on May 29, 2016> |
| (2) | Any person assigned to serve as a member of the art and sports personnel shall be called for military education under Article 55 and the period of such education call shall be included in his mandatory service period. <Amended on May 29, 2016> |
| (3) | If a member of the art and sports personnel is sentenced to imprisonment with or without labor or misdemeanor imprisonment or fails to engage in a field in which he is to serve, the number of days for which the sentence is executed or he fails to engage in such field shall not be included in his mandatory service period. <Amended on May 29, 2016> |
| (4) | Art and sports personnel shall be under the direction and supervision of the Minister of Culture, Sports and Tourism regarding the development of special skills in the relevant fields and regarding their mandatory service. <Amended on May 29, 2016> |
| (5) | Art and sports personnel shall serve in the public interest (hereinafter referred to as"public interest service") by utilizing their special skills regarding arts and sports. <Amended on Apr. 13, 2021> |
| (6) | The following matters regarding public interest service shall be prescribed by Presidential Decree: <Added on Apr. 13, 2021> |
| 1. | Time of public interest service; |
| 2. | Persons and agencies subject to public interest service; |
| 3. | Quarterly standards for public interest service; |
| 4. | Other matters necessary for public interest service. |
| (7) | Matters necessary for the mandatory service of art and sports personnel, such as calculation of the mandatory service period and release of call-up of art and sports personnel, shall be prescribed by Presidential Decree. <Amended on May 29, 2016; Apr. 13, 2021> |
[This Article Added on Jun. 4, 2013]
[Title Amended on May 29, 2016]
| Article 33-9 (Notification on Changes in Status of Art and Sports Personnel) |
If a member of the art and sports personnel fails to engage in the relevant field, the Minister of Culture, Sports and Tourism shall notify the Commissioner of the Military Manpower Administration of such fact within 14 days from the date when a ground therefor occurs. <Amended on May 29, 2016>
[This Article Added on Jun. 4, 2013]
[Title Amended on May 29, 2016]
| Article 33-10 (Extension of Service and Revocation of Assignment of Art and Sports Personnel) |
| (1) | If a member of art and sports personnel fails to serve in the relevant field without good cause, he shall be ordered to serve for an extended period corresponding to five times the number of days during which he fails to serve: |
| (2) | Where a member of art and sports personnel falls under any of the following, he shall be subject to a warning disposition and his service period shall be extended for five more days each time he receives such warning disposition: |
| 1. | Where he obstructs another person's service or instigates another person to neglect service; |
| 2. | Where he violates the prohibition of political activities; |
| 3. | Where he treats another member of the art and sports personnel harshly; |
| 4. | Where he holds another post concurrently in relation to his field of service without permission from the head of an agency in which he is in service; |
| 5. | Where he fails to meet the quarterly standards for public interest service under Article 33-8 (6) 3 without good cause; |
| 6. | Where he submits a false result of public interest service; |
| 7. | Where he fails to receive basic education on service or education on duties under Article 33-11 (1) or (2); |
| 8. | Where he falls under any ground prescribed by Presidential Decree, such as a failure to perform assigned duties or delay of such duties without good cause. |
| (3) | Where a member of art and sports personnel falls under paragraph (2) 5 or 6, the time of public interest service shall be extended twice as prescribed by Presidential Decree, and where he fails to complete public interest service until the mandatory service period, his mandatory service period shall be extended until he completes public interest service. <Amended on Apr. 13, 2021> |
| (4) | If a member of the art and sports personnel falls under any of the following, his assignment to art and sports personnel shall be revoked. In such cases, a person whose assignment has been revoked shall not be re-assigned to art and sports personnel service: <Amended on Dec. 30, 2014; May 29, 2016; Mar. 21, 2017; Apr. 13, 2021> |
| 1. | Where he departs from the Republic of Korea or stays abroad without obtaining permission for overseas travel or permission for extension of the period of overseas travel under Article 70 (1) or (3), or fails to return to the Republic of Korea within the permitted period without good cause; |
| 2. | Where he fails to return to Korea in violation of an order to return to the Republic of Korea under Article 83 (2) 10; |
| 3. | Where he is sentenced to a penalty pursuant to subparagraph 1 of Article 89-2 or pursuant to Article 89-3; |
| 4. | Where he is assigned by improper means, such as giving or receiving money or articles; |
| 5. | Where he is sentenced to a penalty for committing a fraudulent act associated with his field of service, such as game rigging; |
| 6. | Where he is sentenced to imprisonment without labor or a heavier punishment for any offense committed during his mandatory service period (excluding cases to which subparagraph 3 or 5 applies); |
| 7. | Where a member of art and sports personnel whose mandatory service period is extended pursuant to paragraph (3) fails to complete their public interest service within one year from the date of extension without good cause. |
| (5) | A person whose assignment to art and sports personnel service has been revoked pursuant to paragraph (4) shall be reinstated to a position he held before the assignment and then shall be enlisted for active duty service or called to social service for a service period according to the following classification; in such cases, among those who shall be enlisted for active duty service, a person whose remaining service period is less than six months may be called to social service: <Amended on Jan. 9, 2024> |
| 1. | Where the assignment has been revoked on the grounds specified in paragraph (4) 1 through 3 and 5 through 7: The remaining period of service under the standards prescribed by Presidential Decree; |
| 2. | Where the assignment has been revoked on the grounds specified in paragraph (4) 4: A service period during which he shall serve in a position he held before the assignment minus the period during which he has received military education under Article 55 (1). |
| (6) | Article 32-3 shall apply |
[This Article Added on Jun. 4, 2013]
| Article 33-11 (Basic Education on Service for Art and Sports Personnel) |
| (1) | The Commissioner of the Military Manpower Administration shall provide basic education on service to art and sports personnel, as prescribed by Presidential Decree. |
| (2) | The Minister of Culture, Sports and Tourism shall provide art and sports personnel with education on duties necessary for service in the relevant field and public interest service. |
| (3) | The head of a public interest service agency shall designate a person in charge of service management of art and sports personnel. |
[This Article Added on Apr. 13, 2021]
Section 2 Service of Public Health Doctors
| Article 34 (Assignment to Public Health Doctors) |
| (1) | Where any of the following persons who are qualified as a medical doctor, dentist, or oriental medical doctor wishes to be a public health doctor or doctor exclusively in charge of the draft physical examination (excluding a person qualified as an oriental medical doctor; hereinafter the same shall apply), the Commissioner of the Military Manpower Administration may assign such person to the relevant post. In such cases, persons to be enlisted for active duty service shall be assigned to supplementary service: <Amended on Jun. 4, 2013; Jan. 19, 2016; May 29, 2016> |
| 1. | A person who is to be enlisted for active duty service and applied for enrollment on the military register of officers in active duty service in the medical field prescribed in Article 58 (1) 1 but failed to be enrolled; |
| 2. | A person enrolled on the military register of medical cadet officers prescribed in Article 58 (2) 1 but failed to be enrolled on the military register of officers in active duty service in the medical field; |
| 3. | A person who is qualified as a medical doctor, dentist or oriental medical doctor and is in supplementary service to be called to social service. |
| (2) | A person assigned to serve as a public health doctor or doctor exclusively in charge of the draft physical examination pursuant to paragraph (1) shall engage in the relevant field for three years, and shall be deemed to have completed his service as social service personnel upon expiration of such period. <Amended on Jun. 4, 2013; Jan. 19, 2016; May 29, 2016> |
| (3) | A person assigned to serve as a public health doctor or doctor exclusively in charge of the draft physical examination pursuant to paragraph (1) shall be called for military education as prescribed in Article 55, but the period of such education call shall not be included in his service period. <Amended on Jan. 19, 2016; May 29, 2016> |
| (4) | Matters necessary for the assignment, service, etc. of public health doctors or doctors exclusively in charge of the draft physical examination shall be prescribed by Presidential Decree. <Amended on Jan. 19, 2016; May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 34-2 (Status and Remuneration of Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | Doctors exclusively in charge of the draft physical examination shall be deemed public officials in a fixed term position under Article 26-5 of the State Public Officials Act who work for the Military Manpower Administration and they shall be paid remuneration and travel expenses, etc. incurred in performing their duties within the limits of the remuneration given to military personnel, and matters necessary for setting standards for their remuneration, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 21, 2012; May 29, 2016> |
| (2) | The Commissioner of the Military Manpower Administration shall call doctors exclusively in charge of the draft physical examination for education necessary for them to perform their duties and have them engage in the work of physical examination, etc. and may conduct training related to their duties in military hospitals or in hospitals designated by the Commissioner of the Military Manpower Administration for a period not exceeding three months when they are not engaged in the draft physical examination. <Amended on May 28, 2014; May 29, 2016> |
| (3) | Matters necessary for an order for mandatory service, education on duties, training, etc. under paragraph (2) shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
| (4) | Doctors exclusively in charge of the draft physical examination shall faithfully carry out the work of physical examination and shall not walk away from their places of service without permission from the Commissioner of the Military Manpower Administration or without good cause. <Amended on May 29, 2016> |
| (5) | The Commissioner of the Military Manpower Administration shall command and supervise the service of doctors exclusively in charge of the draft physical examination. <Amended on May 29, 2016> |
| (6) | No person falling under any subparagraph of Article 33 of the State Public Officials Act shall be appointed as a doctor exclusively in charge of the draft physical examination and where a doctor exclusively in charge of the draft physical examination falls under subparagraph 1 of Article 69 of the Act, he shall lose his status. <Amended on May 29, 2016> |
| (7) | Except for otherwise expressly prescribed in this Act, service of doctors exclusively in charge of the draft physical examination shall be governed by the State Public Officials Act except for those prescribed by this Act. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
[Moved from Article 34-3; previous Article 34-2 moved to Article 34-6 <Jan. 9, 2009>]
| Article 34-3 (Deprivation of Status of Doctors Exclusively in Charge of Draft Physical Examination) |
Where a doctor exclusively in charge of the draft physical examination falls under any of the following subparagraphs, the Commissioner of the Military Manpower Administration may deprive ex officio him of his status as a doctor exclusively in charge of the draft physical examination: Provided , That in cases falling under any of subparagraphs 1 through 3, the Commissioner of the Military Manpower Administration shall deprive him of his status as a doctor exclusively in charge of the draft physical examination: <Amended on May 29, 2016>
| 1. | Where his license of a medical doctor or dentist is revoked or the qualification is suspended; |
| 2. | Where a person who has been appointed as a doctor exclusively in charge of the draft physical examination fails to comply with an order to participate in education on duties without good cause; |
| 3. | Where he deserts his place of service or does not engage in the duties of the relevant field for at least eight days in total in violation of the provisions of Article 34-2 (4) without good cause; |
| 4. | Where he is unable to return to work or to perform his duties within one year due to a physical or mental disorder or within three months after he is missing or his whereabouts are unknown; |
| 5. | Where he is found inappropriate to retain his status as a doctor exclusively in charge of the draft physical examination after he has been charged with a criminal act; |
| 6. | Where he commits a fraudulent act in connection with the work of physical examination, such as determination of physical grades; |
| 7. | Where he disobeys an order issued under this Act or by this Act or any other duties, or he is deemed inappropriate to hold his status as a doctor exclusively in charge of the draft physical examination due to extremely poor job performance. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
[Moved from Article 34-4; previous Article 34-3 moved to Article 34-2 <Jun. 9, 2009>]
| Article 34-4 (Extension of Term of Service of Doctors Exclusively in Charge of Draft Physical Examination) |
| (1) | No doctor exclusively in charge of the draft physical examination shall engage in any work other than the work of physical examination assigned to him pursuant to Article 34-2 (2) during his term of service. <Added on Mar. 21, 2017> |
| (2) | When a doctor exclusively in charge of the draft physical examination engages in any work other than the work of physical examination in violation of paragraph (1), the Commissioner of the Military Manpower Administration may order him to serve for an extended period corresponding to five times the number of days for which he engages in such work. <Added on Mar. 21, 2017> |
| (3) | When any doctor exclusively in charge of the draft physical examination is unable to perform his duties for a period of not less than one month on the ground of a disease or injury not related to his duties, the Commissioner of the Military Manpower Administration may have him serve for an extended period corresponding to such period: |
| (4) | When any doctor exclusively in charge of the draft physical examination either violates or neglects this Act or an order issued under this Act or any other duties, the Commissioner of the Military Manpower Administration may extend his service for a period commensurate with the reason, cut his pay by not more than one third, or reprimand him: |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
[Moved from Article 34-5; previous Article 34-4 moved to Article 34-3 <Jun. 9, 2009>]
| Article 34-5 (Hearings) |
Where the Commissioner of the Military Manpower Administration intends to deprive a doctor exclusively in charge of the draft physical examination of his status pursuant to the provisions of Article 34-3, he or she shall hold a hearing. <Amended on May 29, 2016>
[This Article Wholly Amended on Jun. 9, 2009]
[Moved from Article 34-6; previous Article 34-5 moved to Article 34-4 <Jun. 9, 2009>]
| Article 34-6 (Assignment to Public-Service Advocates) |
| (1) | The Commissioner of the Military Manpower Administration may assign a person qualified as an attorney-at-law, falling under any of the following to serve as a public-service advocate upon his request. In such cases, persons to be enlisted for active duty service shall be assigned to supplementary service: <Amended on Jun. 4, 2013> |
| 1. | A person who is to be enlisted for active duty service, and has applied for enrollment on the military register of officers in active duty service in the field of judicial affairs under Article 58 (1) 2 but failed to be enrolled; |
| 2. | A person enrolled on the military register of judicial cadet officers prescribed in Article 58 (2) 2 but failed to be enrolled on the military register of officers in active duty service in the judicial affairs field; |
| 3. | A person in supplementary service who is qualified as an attorney-at-law to be called to social service. |
| (2) | A person assigned to serve as a public-service advocate pursuant to paragraph (1) shall engage in the relevant field for three years and, when the said period is completed, shall be deemed to have completed his service as social service personnel. <Amended on Jun. 4, 2013; May 29, 2016> |
| (3) | A person assigned to serve as a public-service advocate pursuant to paragraph (1) shall be called for military education under Article 55, but the period of such education call shall not be included in his service period. <Amended on May 29, 2016> |
| (4) | Matters necessary for the assignment, etc. of public-service advocates shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
[Moved from Article 34-2; previous Article 34-6 moved to Article 34-5 <Jun. 9, 2009>]
| Article 34-7 (Assignment to Public Quarantine Veterinarians) |
| (1) | The Commissioner of the Military Manpower Administration may assign a person qualified as a veterinarian, falling under any of the following, to serve as a public quarantine veterinarian upon his request. In such cases, a person to be enlisted for active duty service shall be assigned to supplementary service: <Amended on Jan. 25, 2010; Jun. 4, 2013> |
| 1. | A person who is to be enlisted for active duty service, and has applied for enrollment on the military register of officers in active duty service in the field of veterinary service under Article 58 (1) 4 but failed to be enrolled; |
| 2. | A person enrolled on the military register of veterinary cadet officers prescribed in Article 58 (2) 4 but failed to be enrolled on the military register of officers in active duty service in the field of veterinary service; |
| 3. | A person qualified as a veterinarian and in supplementary service to be called to social service. |
| (2) | A person assigned to serve as a public quarantine veterinarian pursuant to paragraph (1) shall engage in the relevant field for three years and, when the said period is completed, shall be deemed to have completed his service as social service personnel. <Amended on Jan. 25, 2010; Jun. 4, 2013; May 29, 2016> |
| (3) | The Commissioner of the Military Manpower Administration shall call persons assigned to serve as a public quarantine veterinarian pursuant to paragraph (1) for military education under Article 55. In such cases, the period of such education call shall not be included in the service period under paragraph (2). <Amended on Jan. 25, 2010; May 29, 2016> |
| (4) | Other matters necessary for the assignment and service of public quarantine veterinarians shall be prescribed by Presidential Decree. <Amended on Jan. 25, 2010> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jan. 25, 2010]
| Article 35 (Notification on Changes in Status of Public Health Doctors and Treatment thereof) |
| (1) | Where a public health doctor or doctor exclusively in charge of the draft physical examination falls under any of the following, the Minister of Health and Welfare, director of a regional military manpower office or the Minister of Foreign Affairs shall notify the Commissioner of the Military Manpower Administration thereof within 14 days: <Amended on Jan. 18, 2010; Mar. 23, 2013; Jan. 19, 2016; May 29, 2016> |
| 1. | Where his license of a medical doctor, dentist or oriental medical doctor is revoked or suspended; |
| 2. | Where he fails to comply with an order for education on duties as prescribed by the Act on Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages; |
| 3. | Where he deserts from his place of service or fails to engage in the service in the relevant field, for at least eight days in total without good cause; |
| 4. | Where he deserts from his place of service or fails to engage in the service in the relevant field, for a period not exceeding seven days in total without good cause; |
| 5. | Deleted; <Jan. 19, 2016> |
| 6. | Where he falls under any subparagraph of Article 33 of the State Public Officials Act: |
| (2) | Where a public health doctor or doctor exclusively in charge of the draft physical examination falls under paragraph (1) 1, 2, 3 or 6 or Article 34-3, the Commissioner of the Military Manpower Administration shall revoke his assignment, and where he falls under paragraph (1) 4, the Commissioner shall order him to serve for a period five times the number of days during which he leaves his place of service or he does not perform his duties. <Amended on Dec. 30, 2014; Jan. 19, 2016; May 29, 2016> |
| (3) | Any person whose assignment to a public health doctor or doctor exclusively in charge of the draft physical examination is revoked pursuant to paragraph (2) shall return to the position prior to his assignment and be enlisted for active duty service or called to social service personnel during the remaining service period in accordance with standards prescribed by Presidential Decree. In such cases, any person whose remaining service period is less than six months in accordance with standards prescribed by Presidential Decree, from among persons to be enlisted for active duty service, may be requested to serve as social service personnel. <Amended on Jul. 5, 2011; Jun. 4, 2013; Jan. 19, 2016; May 29, 2016> |
| (4) | Deleted. <Dec. 30, 2014> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
[This Article was amended following the decision of unconstitutionality by the Constitutional Court on July 29, 2010 in accordance with Act No. 10814 (Jul. 29, 2010)]
| Article 35-2 (Notification on Changes in Status of Public-Service Advocates and Treatment Thereof) |
| (1) | Where any person assigned to serve as a public-service advocate falls under any of the following, the Minister of Justice shall notify the Commissioner of the Military Manpower Administration thereof within 14 days: <Amended on May 29, 2016> |
| 1. | Where he fails to receive education on duties as prescribed by the Public-Service Judge Advocates Act, without good cause; |
| 2. | Where he fails to be appointed as a public-service advocate pursuant to the Public-Service Judge Advocates Act; |
| 3. | Where he is deprived of or forfeits his status as a public-service advocate pursuant to the Public-Service Judge Advocates Act because he has deserted his place of service, or has not performed duties in the relevant field, for at least eight days in total without good cause; |
| 4. | Where he deserts his place of service or fails to perform duties in the relevant field, for not more than seven days in total without good cause; |
| 5. | When he falls under any subparagraph of Article 33 of the State Public Officials Act: |
| (2) | Where any person assigned to serve as public-service advocates falls under paragraph (1) 1 through 3 or 5, the Commissioner of the Military Manpower Administration shall revoke his assignment, and where he falls under paragraph (1) 4, the Commissioner shall order him to serve for a period five times the number of days during which he leaves his place of service or he does not perform his duties. <Amended on Dec. 30, 2014; May 29, 2016> |
| (3) | Any person whose assignment to public-service advocates is canceled pursuant to paragraph (2) shall be returned to a position he had before the assignment and be enlisted for active duty service or called to social service for the remaining service period calculated based on standards prescribed by Presidential Decree. In such cases, a person whose remaining service period is less than six months based on standards prescribed by Presidential Decree, among those to be enlisted for active duty service, may be ordered to be called to social service. <Amended on Jul. 5, 2011; Jun. 4, 2013> |
| (4) | Deleted. <Dec. 30, 2014> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 35-3 (Notice of Changes in Status of Public Quarantine Veterinarians and Treatment Thereof) |
| (1) | When a person enlisted as a public quarantine veterinarian falls under any of the following, the Minister of Agriculture, Food and Rural Affairs shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from the day such cause or event arises: <Amended on Jan. 25, 2010; Mar. 23, 2013; May 29, 2016> |
| 1. | When his veterinarian's license is revoked or its validity is suspended pursuant to the Veterinarians Act; |
| 2. | When he fails to receive training on duties under the Act on the Public Service Veterinarians for Prevention of Epidemics without good cause; |
| 3. | When he fails to be appointed as a public quarantine veterinarian pursuant to the Act on the Public Service Veterinarians for Prevention of Epidemics; |
| 4. | When he is deprived of or forfeits his status as a public quarantine veterinarian pursuant to the Act on the Public Service Veterinarians for Prevention of Epidemics; |
| 5. | When he falls under any subparagraph of Article 33 of the State Public Officials Act: |
| 6. | When he deserts the assigned agency or place of service for not more than seven days in total without good cause; |
| 7. | When he fails to perform duties in the relevant field for not more than seven days in total without good cause. |
| (2) | When a person assigned to serve as a public quarantine veterinarian falls under any of paragraph (1) 1 through 5, the Commissioner of the Military Manpower Administration shall cancel the assignment and order him to return to a position he had before the assignment and to be enlisted for active duty service or called to social service for the remaining service period calculated based on standards prescribed by Presidential Decree. In such cases, a person whose remaining service period is less than six months based on standards prescribed by Presidential Decree, among those to be enlisted for active duty service, may be ordered to be called to social service. <Amended on Jan. 25, 2010; Jul, 5, 2011; Jun. 4, 2013> |
| (3) | When a person enlisted as a public quarantine veterinarian falls under paragraph (1) 6 or 7, the Commissioner of the Military Manpower Administration shall extend his service term by five times the number of days during which he has deserted or has not been engaged in the relevant service. <Amended on Jan. 25, 2010; May 29, 2016> |
| (4) | Deleted. <Dec. 30, 2014> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
Section 3 Service of Expert Research Personnel and Industrial Technical Personnel
| Article 36 (Selection of Designated Entities) |
| (1) | The Commissioner of the Military Manpower Administration shall select military service-designated entities (excluding agricultural corporations and after-sales service enterprises) for which expert research personnel or industrial technical personnel will serve, from among research institutions, key industrial enterprises, and defense industrial enterprises, according to standards prescribed by Presidential Decree. <Amended on May 29, 2016> |
| (2) | Where any research institution, key industrial enterprise or defense industrial enterprise which has not been selected as a military service-designated entity falls under a cause prescribed by Presidential Decree, such as the taking-over, etc. of a military service-designated entity selected pursuant to paragraph (1), it shall be deemed to have been selected as a military service-designated entity. <Amended on May 29, 2016> |
| (3) | Where a military service-designated entity selected pursuant to paragraph (1) falls under a cause prescribed by Presidential Decree, such as discontinuance of business, etc., the Commissioner of the Military Manpower Administration may cancel its selection as a military service-designated entity. <Amended on May 29, 2016> |
| (4) | The Commissioner of the Military Manpower Administration shall determine the number of persons to be assigned to expert research personnel service or industrial technical personnel service insofar as it does not obstruct the supply of personnel necessary for the armed forces and shall determine the number of persons to be assigned to each military service-designated entity, as prescribed by Presidential Decree. In such cases, he shall not discriminate against any person with regard to determination of the number of persons assigned to industrial technical personnel service or the number of persons to be assigned to each military service-designated entity due to his academic ability or his schools without any reasonable grounds. <Amended on Dec. 30, 2014; May 29, 2016> |
| (5) | The director of the competent regional military manpower office (referring to the director of a regional military manpower office having jurisdiction over an administrative district in which the workplace of a military service-designated entity or an agricultural or fisheries business successor, etc. under Article 8 of the Act On Fostering Of And Support For Next Generation Farmers Or Fishers And Young Farmers Or Fishers (hereinafter referred to as"next generation farmer or fisher") is situated; hereafter in this Section the same shall apply) may assign a person to expert research personnel service (excluding a person who falls under subparagraph 3) or industrial technical personnel service, if he falls under any of the following subparagraphs and is able to complete his mandatory service under Article 39 by the age of 35 (the age of 37 for any person falling under Article 37 (1) 3). In such cases, a person subject to enlistment in active duty service shall be assigned to supplementary service: <Amended on Nov. 22, 2011; Jun. 4, 2013; May 29, 2016; May 19, 2020> |
| 1. | A person to be enlisted for active duty service; |
| 2. | A person in supplementary service to be called to social service; |
| 3. | A member of the social service personnel. |
| (6) | The head of each military service-designated entity shall submit a written oath to the director of a regional military manpower office (including the head of a military manpower branch office), stating that he or she shall comply with the terms and conditions of employment in good faith as agreed upon. <Amended on May 29, 2016> |
| (7) | Matters necessary for the selection, succession to, revocation of selection of military service-designated entities, assigned to expert research personnel service or industrial technical personnel service, and the submission of a written oath under paragraphs (1) through (6) shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 37 (Persons to Be Assigned to Expert Research Personnel Service) |
| (1) | Any of the following persons may be assigned to expert research personnel service under Article 36 at his request: <Amended on Jul. 21, 2011; Jun. 4, 2013; May 29, 2016> |
| 1. | A person who has attained a master's or higher degree (including a person who has completed the course of study in a combined master's and doctorate program), and engages in a research institution selected as a military service-designated entity (including a person in supplementary service to be called to social service after having acquired a bachelor's degree in natural science and engages in a research institution affiliated with a small and medium enterprise and selected as a military service-designated entity); |
| 2. | A person who has completed a doctorate program of natural science at a graduate school selected as a military service-designated entity (including a combined master's and doctorate program; hereinafter the same shall apply in this Article); |
| 3. | A person qualified as a medical doctor, dentist or oriental medical doctor who has completed a prescribed course in a military medical specialist training institution under Article 58 (2) 1 and in the course of study in a doctorate program of natural science at a graduate school under subparagraph 2. |
| (2) | A person who is in a doctorate program of natural science at a graduate school under paragraph (1) 2 or 3 may be selected as a person to be assigned to expert research personnel service before he completes the program (if he is in a combined master's and doctorate program, he shall have completed the term of school years required for the course of a master's degree provided in Article 31 of the Higher Education Act). <Added on Jun. 4, 2013> |
| (3) | Persons assigned to expert research personnel service pursuant to paragraph (1) 2 or 3 (hereinafter referred to as"expert research personnel in the doctoral course") shall obtain a doctorate within two years from the date of assignment. <Added on Apr. 13, 2021> |
| (4) | Where expert research personnel in the doctoral course fail to obtain a doctorate within two years from the date of assignment, the Commissioner of the Military Manpower Administration may grant a grace period for obtaining a doctorate within the scope of three years, as prescribed by Presidential Decree. <Added on Apr. 13, 2021> |
| (5) | The grace period under paragraph (4) shall not be included in the mandatory service period, and the following matters shall not apply to such period: <Added on Apr. 13, 2021> |
| 1. | Notification on changes in personal affairs under subparagraph 2 or 3 of Article 40; |
| 2. | Revocation of assignment due to any reason referred to in subparagraph 2 or 3 of Article 40; |
| 3. | Other matters that the Commissioner of the Military Manpower Administration deems inappropriate to apply. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 38 (Persons to Be Assigned to Industrial Technical Personnel Service) |
| (1) | Any of the following persons may be assigned to industrial technical personnel service under Article 36 at his request. In such cases, those who fall under subparagraphs 1 and 2 (excluding both members of the social service personnel and persons in supplementary service to be called to social service) and those who fall under subparagraph 5 shall have technical qualifications or licenses prescribed by Presidential Decree: <Amended on Nov. 22, 2011; Jun. 4, 2013; May 29, 2016; Mar. 31, 2020> |
| 1. | A person engaged in a key industrial enterprise selected as a military service-designated entity in the field of manufacturing industry, mining, energy industry, construction, fisheries, or marine transportation business (in cases of fisheries or marine transportation, limited to persons who are currently performing or to perform duties on board a ship); |
| 2. | A person engaged in a specialized research institution or defense enterprise (including a military maintenance unit) under subparagraph 10 of Article 3 and Article 35 of the Defense Acquisition Program Act selected as a military service-designated entity; |
| 3. | A person designated by Presidential Decree, because he is deemed specially required for the national interest, from among those with skills of an international level; |
| 4. | A next generation farmer or fisher who is recommended by the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, |
| 5. | An agricultural machinery operator of an agricultural corporation or a person serving with an after-sales service enterprise, who is recommended by the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a |
| (2) | Notwithstanding paragraph (1), persons engaged in the field of information processing at key industrial enterprises in the manufacturing industry under paragraph (1) 1 or at defense enterprises under paragraph (1) 2 shall have majored in the relevant field, completed a technical training course, or have a career experience in the relevant field determined by the Commissioner of the Military Manpower Administration. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 38-2 (Limitation on Assignment to Expert Research Personnel and Industrial Technical Personnel) |
Any person who is a relative by blood within the fourth degree of relationship with the representative director of any military service-designated entity (referring to the parent enterprise in the event that the military service-designated entity is a research institution affiliated therewith) shall be prohibited from being assigned to expert research personnel service or industrial technical personnel service under Articles 37 and 38 in the military service-designated entity or changing a job under the proviso of Article 39 (3). <Amended on May 29, 2016>
[This Article Wholly Amended on Jun. 9, 2009]
| Article 39 (Service of Expert Research Personnel and Industrial Technical Personnel) |
| (1) | Expert research personnel and industrial technical personnel shall engage in the mandatory service in the relevant field during the periods classified as follows and where they complete the service for the period, they shall be deemed to complete their service as social service personnel. <Amended on Jun. 4, 2013; May 29, 2016> |
| 1. | Three years for expert research personnel; |
| 2. | Two years and ten months for industrial technical personnel: |
| (2) | Expert research personnel and industrial technical personnel shall be subject to a call for military education under Article 55, and such education call period shall be included in their mandatory service period. <Amended on May 29, 2016> |
| (3) | Expert research personnel or industrial technical personnel shall be engaged in the relevant fields with military service-designated entities as at the time of their assignment: |
| 1. | Where any ground prescribed by Presidential Decree occurs, such as business closure of a military service-designated entity in which they are in service or the revocation of selection as a military service-designated entity; |
| 2. | Where a member of the expert research personnel in the doctoral course obtains a doctorate; |
| 3. | Where it is impracticable to serve in the relevant fields of the military service-designated entity at the time of assignment due to the change of the military service-designated entities in which they serve, dispatch, education, and training for the performance of related duties, guidance for learning and technology, or other unavoidable causes. |
| (4) | Persons to be assigned to expert research personnel service or industrial technical personnel service shall submit a written oath to the effect that they will faithfully engage in their service during their mandatory service period referred to in paragraph (1). <Amended on May 29, 2016> |
| (5) | Matters necessary for service, such as fields in which expert research personnel and industrial technical personnel are to serve, calculation of the mandatory service period, change of jobs, and oaths, shall be prescribed by Presidential Decree. <Amended on May 29, 2016; Apr. 13, 2021> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 40 (Notification on Changes in Status of Expert Research Personnel and Industrial Technical Personnel) |
When any member of the expert research personnel, industrial technical personnel, or a military service-designated entity falls under any of the following subparagraphs, the head of the military service-designated entity (including a person in charge of personnel management on behalf of the head of a military service-designated entity) or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or a Special Self-Governing Province Governor (limited to cases of a next generation farmer or fisher) shall notify the director of the competent regional military manpower office thereof within 14 days: Provided , That the head of an entity that employs any industrial technical personnel in the field of agriculture shall notify the director of the competent regional military manpower office thereof through the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si /Gun /Gu: <Amended on Nov. 22, 2011; Jun. 4, 2013; May 29, 2016; Apr. 13, 2021>
| 1. | Where he is dismissed or retires from the military service-designated entity in which he is in service; |
| 2. | Where he does not serve in the relevant field with the military service-designated entity as at the time of assignment (referring to a military service-designated entity after transfer, where he is transferred to another military service-designated entity pursuant to the proviso of Article 39 (3)); |
| 3. | Where he absents himself from the office without notice for at least eight days in total during the mandatory service period; |
| 4. | Where his technical qualification or license for the relevant field is canceled or suspended, or he is disqualified from being a next generation farmer or fisher; |
| 5. | Where he retires temporarily from office, is suspended from office, or is transferred from another military service-designated entity; |
| 6. | Where the military service-designated entity in which he is in service suspends its business, closes its operation, performs a lock-out, or discontinues its business; |
| 7. | Where a member of the expert research personnel in the doctoral course falls under any of the following cases: |
| (a) | Where he takes leave from school or is expelled from school; |
| (b) | Where he relinquishes obtaining a doctorate; |
| (c) | Where he fails to obtain a doctorate within the period under Article 37 (3) (including a grace period given under paragraph (4) of that Article, if the period is granted); |
| 8. | Where a cause prescribed by Presidential Decree arises. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 41 (Revocation of Assignment to Expert Research Personnel Service or Industrial Technical Personnel Service and Imposition of Duties) |
| (1) | Where any person assigned to expert research personnel service or industrial technical personnel service falls under any of the following subparagraphs, the director of the competent regional military manpower office shall cancel the assignment: |
| 1. | Where he is assigned or changes his job by fraud, such as false statement, submission of false materials, etc., in violation of Article 38-2; |
| 2. | Where he is assigned or changes his job by fraud, such as giving or receiving money or articles (excluding cases falling under subparagraph 1); |
| 3. | Where he cannot complete the period of mandatory service under Article 39 (1) by the age of 35 (the age of 37 for any person falling under Article 37 (1) 3); |
| 4. | Where he falls under any of subparagraphs 1 through 4 and 7 of Article 40; |
| 5. | Where he has not responded to a call for military education under Article 55 without good cause; |
| 6. | Where he fails to serve after assignment to another military service-designated entity within a period prescribed by Presidential Decree, in spite of falling under Article 39 (3) 1 or 2; |
| 7. | Where he departs from the Republic of Korea without obtaining permission for overseas travel or resides abroad without obtaining permission to extend overseas travel provided for in Article 70 (1) or (3), or fails to return to the Republic of Korea within the permitted period without good cause; |
| 8. | Where he fails to return to Korea in violation of an order to return to the Republic of Korea under Article 83 (2) 10. |
| (2) | Where any member of the expert research or industrial technical personnel fails to perform mandatory service for any of the following reasons, the director of the competent regional military manpower office shall have him engaged in such service for a prolonged period equivalent to such missed period, as prescribed by Presidential Decree: |
| 1. | Where the military service-designated entity discontinues or suspends its business, or performs a lock-out; |
| 2. | Where any cause prescribed by Presidential Decree arises, such as a temporary withdrawal from office, suspension from office, etc.; |
| 3. | Where he absents himself from the office without notice for at least eight days in total. |
| (3) | Any person whose assignment to expert research personnel service or industrial technical personnel service has been canceled pursuant to paragraph (1) shall be reinstated to a position he held before the assignment and then shall be enlisted for active duty service or called to social service for a service period according to the following classification; in such cases, among those who shall be enlisted for active duty service, a person whose remaining service period is less than six months may be called to social service. <Amended on Jun. 4, 2013; Dec. 22, 2020; Aug. 8, 2023> |
| 1. | Where a person is assigned by improper means under paragraph (1) 1, in violation of Article 38-2, or where a person's assignment is revoked on the grounds of assignment by improper means under paragraph (1) 2: A service period during which he or she shall serve in a position prior to his assignment minus the period during which he or she has received military education under Article 55 (1); |
| 2. | Where a person is assigned by improper means under paragraph (1) 1, in violation of Article 38-2, or where a person's assignment is revoked on the grounds of assignment by improper means under paragraph (1) 2 or on the grounds falling under paragraph (1) 3 through 8: The remaining service period under the standards prescribed by Presidential Decree. |
| (4) | Deleted. <Apr. 22, 2020> |
[This Article Wholly Amended on Jun. 9, 2009]
[This Article was amended following the decision of unconstitutionality by the Constitutional Court on November 24, 2011 in accordance with Act No. 11849 (Jun. 4, 2013)]
| Article 42 (Adjustment of Service Period for Social Service Personnel) |
| (1) | Upon a request by the Commissioner of the Military Manpower Administration, the Minister of National Defense may adjust the period of service or the period of mandatory service of social service personnel, art and sports personnel, expert research personnel, or industrial technical personnel within the limit of one year, in any of the following cases. In such cases, for persons who are in supplementary service to be called to social service and are assigned to art and sports personnel service, expert research personnel service, or industrial technical personnel service, the scope of adjustment of the period of service or the period of mandatory service may be determined differently from that for persons assigned to active duty service: <Amended on Jun. 4, 2013; Jan. 19, 2016; May 29, 2016> |
| 1. | Where it is required to adjust the period of service or the period of mandatory service due to the reduction or extension of the period of active duty service; |
| 2. | Where it is required to reduce the period of service or the period of mandatory service due to poor working conditions or environment; |
| 3. | Where it is required for the supply and demand plan of military personnel. |
| (2) | The Minister of National Defense shall, if he or she intends to adjust the period of service or the period of mandatory service for social service personnel, art and sports personnel, expert research personnel, or industrial technical personnel under paragraph (1), obtain approval therefor in advance from the President after deliberation by the State Council. <Amended on Jun. 4, 2013; Jan. 19, 2016; May 29, 2016> |
| (3) | With regard to persons assigned to art and sports personnel pursuant to Article 33-7 (1) 2, 3, or 5 and persons assigned to supplementary service pursuant to Article 65 (1), their period of service may be reduced, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; May 24, 2011; Jan. 19, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 43 (Fact-Finding Surveys on Social Service Personnel) |
| (1) | The head of a relevant central administrative agency shall formulate and implement an annual operational plan to systemically operate the system for expert research personnel and industrial technical personnel, as prescribed by Presidential Decree. <Added on Apr. 13, 2021> |
| (2) | The director of a regional military manpower office or the director of the competent district military manpower office may conduct a fact-finding survey on the service and management of State organizations, local governments, public organizations, social welfare facilities, or military service-designated entities, etc. where social service personnel, art and sports personnel, expert research personnel, or industrial technical personnel are serving, as prescribed by Presidential Decree. <Amended on Jun. 4, 2013; Dec. 15, 2015; Jan. 19, 2016; May 29, 2016; Apr. 13, 2021> |
| (3) | The Commissioner of the Military Manpower Administration may conduct a fact-finding survey on the service of public health doctors, public-service judge advocates, public quarantine veterinarians, or alternative service personnel in cooperation with the heads of the relevant central administrative agencies, as prescribed by Presidential Decree. <Added on Dec. 15, 2015; Jan. 19, 2016; Dec. 31, 2019; Apr. 13, 2021> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013; Apr. 13, 2021]
CHAPTER VI IMPOSITION OF DUTIES FOR MILITARY FORCE MOBILIZATION CALL
Section 1 Call for Military Force Mobilization
| Article 44 (Persons Subject to Call for Military Force Mobilization) |
For the purpose of organizing military units or any operational demand at war, or in a public disturbance or national emergency corresponding thereto, a call for military force mobilization shall be issued to each of the following persons (hereinafter referred to as"person subject to a call for military force mobilization"): <Amended on May 29, 2016>
| 1. | Those in reserve service; |
| 2. | Those in supplementary service who have completed a call for military education; |
| 3. | Those assigned to supplementary service under Article 66. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 45 (Designation of Persons Subject to Call for Military Force Mobilization) |
| (1) | The director of each regional military manpower office shall designate persons subject to a call for military force mobilization, depending on the units in which they are to be enlisted. |
| (2) | Matters concerning the selection, etc. of persons subject to a call for military force mobilization under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 46 (Call for Military Force Mobilization) |
| (1) | At war or in a public disturbance or national emergency corresponding thereto, the director of each regional military manpower office shall call persons subject to a call for military force mobilization. |
| (2) | In order to respond to an urgent situation, such as war, public disturbance, etc., the Commissioner of the Military Manpower Administration may instruct the director of each regional military manpower office to serve prior notice of a call for military force mobilization. In such cases, each person who is served such prior notice of a call for military force mobilization shall enlist himself at such date and time as the Commissioner of the Military Manpower Administration notifies publicly through newspapers, television or radio broadcast. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 47 (Physical Examination for Call for Military Force Mobilization and Sending Invalids Home) |
| (1) | If any person subject to a call for military force mobilization enters the armed forces, the commanding officer of the relevant military unit shall conduct a physical examination of such person within two days he enters the unit. |
| (2) | The commanding officer of a military unit may invalid a person who is acknowledged as unfit for performing service of the call-up for military force mobilization or as in need of medical treatment for not less than 15 days due to disease or physical or mental disorder as a result of a physical examination for service, indicating his physical grade or the recovery period. <Amended on May 29, 2016> |
| (3) | The director of a regional military manpower office may assign persons sent home as an invalid under paragraph (2) and whose physical grade is specified, and who are incapable of performing service of a call-up for military force mobilization, to supplementary service or the wartime labor service, or exempt them from military service, and may re-call or conduct a follow-up examination of persons whose period of recovery is specified. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 48 (Service of Persons Called for Military Force Mobilization) |
| (1) | The service and treatment of those enlisted in the military by a call for military force mobilization shall be the same as that afforded to those in active duty service. |
| (2) | Matters necessary for a release from call-up for those enlisted in the military by the call for military force mobilization shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
Section 2 Call for Military Force Mobilization Training
| Article 49 (Persons Subject to Call for Military Force Mobilization Training) |
| (1) | A call for military force mobilization training shall be issued to persons subject to a call for military force mobilization for training or check-up in preparation for a call for military force mobilization, and the period shall not exceed 30 days a year: |
| (2) | Notwithstanding paragraph (1), with regard to persons who have received promotion education for persons in reserve service pursuant to Article 55 (2) or persons residing in a region declared as special disaster areas pursuant to Article 60 of the Framework Act on the Management of Disasters and Safety, their call for military force mobilization training may be exempt for the relevant year or the next year, as prescribed by Presidential Decree. <Added on Jan. 19, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 50 (Call for Military Force Mobilization Training) |
| (1) | The director of each regional military manpower office shall call up persons designated as persons subject to a call for military force mobilization for military force mobilization training: |
| (2) | The Commissioner of the Military Manpower Administration may, if necessary, instruct the director of a regional military manpower office to serve a prior notice of a call for military force training. In such cases, the provisions of the latter part of Article 46 (2) shall apply |
| (3) | Every person who receives the notice of a call for military force mobilization training shall enter the armed services on a designated date, time and place. |
| (4) | The director of a regional military manpower office may, when he intends to verify procedures for issuing a call for military force mobilization to prepare for an emergency situation, such as a war or public disturbance, issue a call for military force mobilization training on the date and time announced by the Commissioner of the Military Manpower Administration in newspapers or on television or radio according to the prior notice of a call for military force mobilization served under the former part of Article 46 (2) without serving individual notices calling the military force mobilization training to persons subject to a call for military force mobilization. |
| (5) | In respect of a call for surprise military force mobilization training to prepare for an emergency in accordance with Article 14 of the Act on Emergency Preparedness, the director of a regional military manpower office may request the heads of |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 51 (Physical Examination for Call for Military Force Mobilization Training and Sending Invalids Home) |
| (1) | The commanding officer of each military unit shall conduct a physical examination of those who enter the unit upon a call for military force mobilization training, within two days from the date they enter the unit. |
| (2) | The commanding officer of a military unit may invalid any person who is acknowledged as unfit for participating in a military force mobilization training due to disease or mental or physical disorder as a result of a physical examination for service. |
| (3) | The director of a regional military manpower office may re-call persons who have been sent home as an invalid under paragraph (2) or may exempt them from a call for military force mobilization training in the relevant year. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 52 (Service of Persons Called for Military Force Mobilization Training) |
| (1) | Each person who enters the armed services upon a call for military force mobilization training shall perform service equivalent to active duty service, and may take meals or receive allowances, etc. within the budget. |
| (2) | Where a person who enters the armed services upon a call for military force mobilization training is arrested for a crime committed while in service, or fails to receive training for more than a third of the service period without good cause, he may be re-called. |
| (3) | Matters necessary for a release from call-up for military force mobilization training shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
Section 3 Calls for Wartime Labor
| Article 53 (Persons Subject to Call for Wartime Labor) |
| (1) | A call for wartime labor shall be issued to any of the following persons, to support military activities at war or in a public disturbance or national emergency corresponding thereto: <Amended on Mar. 23, 2013; Nov. 19, 2014; May 29, 2016; Jul. 26, 2017; Dec. 31, 2019> |
| 1. | Persons in supplementary service under subparagraph 2 of Article 44, excluded from the designation in respect of a call for military force mobilization; |
| 2. | Persons in the wartime labor service (excluding persons who have obtained a license or qualification under the National Technical Qualifications Act and other statutes or regulations, and other persons who have obtained a technical license or qualification under foreign statutes or regulations, and who are recognized by the Minister of the Interior and Safety); |
| 2-2. | Persons in alternative service (excluding alternative service personnel); |
| 3. | Persons excluded from a call for military education as prescribed in Article 55 (3). |
| (2) | Any check-up for wartime labor call may be conducted on those subject to a call for wartime labor under paragraph (1), and the period of such check-up shall not exceed two days in a year. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 54 (Call for Wartime Labor and Physical Examination for Service) |
| (1) | The provisions of Articles 45 through 48 shall apply |
| (2) | The Minister of National Defense shall not allow persons called for wartime labor under Article 53 (1) 2-2 to perform any of the acts referred to in the subparagraphs of Article 16 (2) of the Act on Assignment to and Performance of Alternative Service. <Added on Dec. 31, 2019> |
| (3) | Notwithstanding paragraph (1), the Minister of National Defense may allow persons called for wartime labor to live outside military units, and provide them with meals, or pay them allowances, etc., within the budget. <Amended on Dec. 31, 2019> |
[This Article Wholly Amended on Jun. 9, 2009]
Section 4 Call for Military Education
| Article 55 (Persons Subject to Call for Military Education) |
| (1) | A call for military education may be issued to those in supplementary service and those in onboard ship reserve service for up to 60 days, and matters necessary for the time, period of call, release from call-up, etc. shall be prescribed by Presidential Decree: |
| (2) | Where it is required for national defense, a call under paragraph (1) may be issued to qualify those in reserve service, supplementary service, or the wartime labor service, for promotion to a higher rank or appointment as an officer or a noncommissioned officer, as prescribed by Presidential Decree. In such cases, the period of a call shall not exceed 120 days. <Amended on May. 29, 2016; Oct. 31, 2023> |
| (3) | Notwithstanding paragraph (1), no one in supplementary service may be called up for military education based on qualifications, such as physical grade, educational background, age, etc., and the standards shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended on May. 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 56 (Physical Examination for Enlistment and Service) |
| (1) | Deleted. <Dec. 22, 2020> |
| (2) | The provisions of Article 47 shall apply |
| (3) | The service and treatment of those enlisted in the military upon a call for military education shall be the same as that afforded to those in active duty service. <Amended on May. 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
CHAPTER VII STUDENT MILITARY EDUCATION AND ENROLLMENT ON MILITARY REGISTER OF MILITARY SURGEONS
| Article 57 (Student Military Education) |
| (1) | Any student who attends a high school or higher may be provided with general military education, as prescribed by Presidential Decree, and the service period of those in active duty service (including those on active duties prescribed in Article 21 or 25) or the social service personnel who have received such military education may be shortened. <Amended on Jun. 4, 2013; May 29, 2016> |
| (2) | Any school equivalent to a high school or higher may establish courses for student military training corps for officer candidates or noncommissioned officer candidates, and any person who has completed such courses may be enrolled on the military register of officers or noncommissioned officers in active duty service. <Amended on May 29, 2016> |
| (3) | Any person who has received military education under paragraphs (1) and (2), may receive remuneration, meal service, allowances, etc., within the budget, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 58 (Enrollment of Military Surgeons, Judicial Officers, Military Chaplains, and Veterinary Officers) |
| (1) | Any of the following persons to be enlisted for active duty service may, at his request, be enrolled on the military register of officers in active duty service in the medical, judicial, religious, or veterinary field. In such cases, standards for selecting religions subject to enrollment in the religious field under subparagraph 3, standards and procedures for selecting active duty officers in the religious field, etc. shall be prescribed by Presidential Decree: <Amended on Jun. 4, 2013> |
| 1. | A person qualified as a medical doctor, dentist or oriental medical doctor; |
| 2. | A person qualified as a judge, public prosecutor or attorney-at-law; |
| 3. | A person who is a pastor, priest or Buddhist monk holding an academic degree equal to or higher than a bachelor's degree and any other person who performs a duty equivalent thereto whose qualification is recognized by a religious organization to which he belongs; |
| 4. | A person qualified as a veterinarian. |
| (2) | Any of the following persons who apply for a military surgeon candidate, judicial officer candidate, military chaplain candidate, or veterinary officer candidate may be enrolled as a military surgeon candidate, judicial officer candidate, military chaplain candidate, or veterinary officer candidate, and matters necessary for those to be enrolled, restrictions on age, standards and procedures for their selection, etc. shall be prescribed by Presidential Decree: <Amended on Jun. 4, 2013> |
| 1. | A person who is qualified as a medical doctor, dentist, or oriental medical doctor, and is enrolled in the prescribed course at a military medical specialist training institution; |
| 2. | A person who is enrolled in the prescribed course in a pertinent training institution for the purpose of obtaining qualifications to be a judge, public prosecutor, or attorney-at-law; |
| 3. | A person who is enrolled in a college of theology or Buddhism, or any other college to foster clergymen in order to obtain qualifications to become a pastor, priest, Buddhist monk, or any other person who performs duties equivalent thereto; |
| 4. | A person who is enrolled in a college of veterinary science (including a department of veterinary science in a college where such department is established) in order to obtain qualification for a veterinarian. |
| (3) | Any person who is enrolled on the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates pursuant to paragraph (2) may be enrolled on the military register of officers in active duty service in special branches of the army until reaching 35 years of age, and any person who is expunged from the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates may be enlisted for active duty service or called to social service, depending on their physical grade. <Amended on Jun. 4, 2013; May. 29, 2016> |
| (4) | Any person to be enrolled on the military register of officers in active duty service under paragraphs (1) and (3) of this Article and Article 59 may be enlisted in a military unit to receive military education. |
| (5) | Where any person referred to in paragraph (4) enters the armed services, the commanding officer of the military unit shall conduct a physical examination of him within seven days (including Saturdays and holidays) from the date he enters the armed services and shall invalid any person who is acknowledged as unfit for active duty service or as in need of medical treatment for not less than 15 days due to disease or physical or mental disorder as a result of such physical examination, indicating the severity of the disease or mental or physical disorder and the recovery period (limited to where the recovery period can be known). The same shall apply to those who are recognized to be in need of medical treatment for at least 15 days due to disease or mental or physical disorder that occurs while receiving military education. <Amended on Jan. 19, 2016> |
| (6) | The Commissioner of the Military Manpower Administration shall conduct a follow-up physical examination, as prescribed by Presidential Decree, of those who have been sent home as an invalid under paragraph (5), and change his military service disposition or have him re-enter the armed services according to his physical grade: |
| (7) | The Ministry of National Defense shall have a committee for the management and examination of military chaplains in order to deliberate on matters concerning the selection of religions eligible for enrollment on the military register, selection of officers in active duty service to minister to soldiers of the military, etc. under paragraph (1). In such cases, matters necessary for the organization, operation, etc. of such committee shall be prescribed by Presidential Decree. |
| (8) | Matters necessary for standards and procedures for selecting officers in active duty service in the fields of medicine, law, and veterinary science among persons enrolled on the military register of military surgeon candidates, judicial officer candidates, and veterinary officer candidates as prescribed in paragraph (2), etc. shall be prescribed by Presidential Decree. <Amended on Jun. 4, 2013> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 59 (Enrollment of Persons who have Passed Open Competitive Examination for Appointment as Public Officials of Grade V, as Officers in Basic Branches of Army) |
Any of the following persons to be enlisted for active duty service may be enrolled, at his request, on the military register of officers in active duty service in the basic branches of the army. In such cases, a person who falls under any of the subparagraphs 2 through 4 shall be enrolled by the time he reaches the age of 29: <Amended on May 29, 2016>
| 1. | Any of the following persons who is not enrolled on the military register of officers in active duty service in the field of judicial affairs: |
| (a) | A person falling under Article 58 (1) 2; |
| (b) | A person falling under Article 58 (2) 2, who has completed the course for judicial officer candidates after having been enrolled on the military register of judicial officer candidates; |
| 2. | A person who has passed an open competitive examination for appointment as public officials of Grade V under the State Public Officials Act; |
| 3. | A person who has passed an open competitive examination for appointment as public officials of Grade V under the Local Public Officials Act; |
| 4. | A person who has been determined to be appointed as a foreign service officer of Grade V pursuant to the proviso of Article 10 (1) of the Foreign Service Officials Act. |
[This Article Wholly Amended on Jun. 4, 2013]
CHAPTER VIII POSTPONEMENT AND REDUCTION OF AND EXEMPTION FROM MILITARY DUTY
| Article 60 (Postponement of Draft Physical Examination and Enlistment in Military) |
| (1) | The director of a regional military manpower office may postpone the draft physical examination or follow-up draft physical examination of any of the following persons subject to the draft physical examination or follow-up draft physical examination: <Amended on Jun. 4, 2013; May 29, 2016> |
| 1. | A crew member of a ship navigating to or from a foreign country; |
| 2. | A person who stays or resides in a foreign country; |
| 3. | A person who is detained for any crime, or is under execution of sentence. |
| (2) | The director of a regional military manpower office may postpone the conscription or call-up of a person who has undergone a draft physical examination or a follow-up draft physical examination, who falls under any of paragraph (1) 1 through 3 or falls under any of the following: <Amended on Jun. 4, 2013; May 29, 2016; Dec. 22, 2020> |
| 1. | A student who attends a high school or higher; |
| 2. | A person who is taking a prescribed course at a training institute; |
| 3. | An outstanding person to enhance the national prestige in the fields of sports and popular culture and arts. |
| (3) | Any person whose draft physical examination, follow-up draft physical examination, conscription, or call-up has been postponed under paragraph (1) or (2) shall, where he applies for a draft physical examination, follow-up draft physical examination, conscription, or call-up, or where his cause of the postponement ceases to exist, undergo the draft physical examination or follow-up draft physical examination or be conscripted or called up in the current or following year. <Amended on Jun. 4, 2013; May 29, 2016> |
| (4) | Where a person falling under paragraph (2) 3, for whom conscription or call-up has been postponed, falls under any ground prescribed by Presidential Decree, such as where he or she commits an act impairing his dignity as an outstanding person in the fields of sports and public culture and arts, the postponement of the conscription or call-up may be canceled. <Added on Dec. 22, 2020> |
| (5) | When any person whose conscription or call-up is postponed under paragraph (2) is re-conscripted or re-called, his assignment to military service may be changed in conformity with the criteria for military service assignment of the year in which he is re-conscripted or re-called. <Amended on Dec. 22, 2020> |
| (6) | Matters necessary for the scope of schools, training institutes, and outstanding persons in the fields of sports and public culture and arts under paragraph (2), restrictions on postponement, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 61 (Postponement of Date for Fulfillment of Duty) |
| (1) | For any person who has received or is to receive a written notice of a draft physical examination, follow-up draft physical examination, conscription, or call-up, but is unable to fulfill it on the date for fulfillment of the duty due to disease, mental or physical disorder, disaster, employment (including appointment by National Assembly elections, and elections of local council members, and the heads of local governments under Article 2 of the Public Official Election Act), etc. as prescribed by Presidential Decree, the date may be postponed upon his request: |
| (2) | For any person for whom the date for fulfillment of a duty is postponed pursuant to paragraph (1), a written notice shall be served again with a new date fixed: |
| (3) | Notwithstanding paragraph (1), in any of the following cases, the director of a regional military manpower office may postpone |
| 1. | Where his whereabouts are unknown; |
| 2. | Where it is difficult to submit an application for postponement of the date of enlistment, etc. due to reasons prescribed by Presidential Decree, such as a disaster; |
| 3. | Where the head of the competent investigative agency has requested the postponement of the enlistment date of a person who is in the process of an investigation due to a criminal act that may be subject to imprisonment without labor or heavier punishment. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 62 (Assignment to Wartime Labor Service due to Family Reasons) |
| (1) | A person to be enlisted for active duty service may be assigned to the wartime labor service upon his request, if he falls under subparagraph 1, or to supplementary service upon his request, if he falls under subparagraph 2: <Amended on May 29, 2016> |
| 1. | A person who is the sole provider of his family's livelihood; |
| 2. | Any one person whose parent, spouse, or sibling was killed in action, died on duty, or has disabilities caused by a war wound or a wound in the course of performing his duty. |
| (2) | Any person in supplementary service falling under paragraph (1) 1 may be assigned to the wartime labor service upon his request. <Amended on May 29, 2016> |
| (3) | Matters necessary for the scope of the family, the criteria for determination of the difficulty in maintaining a household, the timing for application, the scope of those killed in action, those died on duty, and those with disabilities caused by a war wound or a wound in the course of performing his duty, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 63 (Discharge from Military Service due to Family Reasons) |
| (1) | An active duty serviceman falling under Article 62 (1) 1 (including those in active duty service pursuant to Article 21 or 25; hereafter in this Article the same shall apply) may be assigned to the wartime labor service upon his request. <Amended on May 29, 2016> |
| (2) | Any person who is in active duty service or serves as a member of the social service personnel, falling under Article 62 (1) 2 may have, upon his request, his service period shortened into six months, and any person who has completed his service period may be assigned to supplementary service, or released from the call. <Amended on Jun. 4, 2013> |
| (3) | Any person who is in service as a serviceman due to a call for military force mobilization or a call for wartime labor (including those who have received a written notice of call-up), falling under Article 62 (1) 1 may be assigned to the wartime labor service upon his request, or may have the call canceled or postponed. <Amended on May 29, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 63-2 (Release from Call-Up for Alternative Service Due to Family Reasons) |
| (1) | A person in alternative service who falls under Article 62 (1) 1 may be exempted from the call-up of alternative service personnel upon his request before the call-up of alternative service personnel, and the call-up may be released where he is in service as alternative service personnel. |
| (2) | Any of alternative service personnel falling under Article 62 (1) 2 may have, upon his request, his service period shortened into six months, and any person who has completed his service period shall be released from the call-up. |
[This Article Added on Dec. 31, 2019]
| Article 64 (Exemption of Persons in Preliminary Military Service from Military Service) |
| (1) | The director of a regional military manpower office may exempt any person in the preliminary military service and falling under subparagraph 1 (limited to persons whose physical grade falls under Grade VI) or 2 from military service without a draft physical examination upon his request, and may assign any person whose physical grade falls under Grade V among those who fall under subparagraph 1 or any person falling under subparagraph 3 to the wartime labor service without a draft physical examination upon his request: |
| 1. | A person who is incapable of providing military service due to an overall deformity, disease, mental or physical disorder, etc.; |
| 2. | A person who has immigrated from the north of the Military Demarcation Line; |
| 3. | A person who falls under a ground prescribed in Article 65 (1) 2 or 3. |
| (2) | Matters necessary for the scope of a person referred to in paragraph (1) and the procedures for filing an application, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 25 2010> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 65 (Change of Military Service Disposition) |
| (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 assigned 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 assigned 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 assigned 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 assigned to the reserve service, as prescribed by Presidential Decree. <Added 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 assigned 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 assigned to the wartime labor service, as prescribed by Presidential Decree. <Amended on May 24, 2011; May 29, 2016> |
| (6) | Where a person assigned 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 service 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 service 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 service 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 service personnel and those in supplementary service subject to the call-up of social service 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 service personnel under Article 27, the director of the regional military manpower office may assign 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 assigned to supplementary service. <Amended on May 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. <Added 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 service 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 service personnel, the term of service may be shortened in accordance with the criteria prescribed by Presidential Decree. <Added on Mar. 21, 2017> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 65-2 (Change of Military Service Disposition for Alternative Service) |
| (1) | Persons in alternative service who fall under Article 65 (1) 1 may be exempted or released from the call-up or be issued with any military service disposition after undergoing a physical examination, and persons who fall under subparagraph 3 of that paragraph may be exempted or released from the call-up. |
| (2) | Where persons who serve as alternative service personnel move abroad with their families, the call-up of alternative service personnel may be released, as prescribed by Presidential Decree. |
| (3) | Where a person who is released from the call-up of alternative service personnel pursuant to paragraph (2) falls under any ground prescribed by Presidential Decree, such as returning to the Republic of Korea for the purpose of permanently residing in his homeland, such disposition may be revoked and the duty of military service may be imposed on him. |
| (4) | The scope of family under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 31, 2019]
| Article 66 (Assignment of Officers to Supplementary Service, and Revocation thereof) |
| (1) | Where officers, warrant officers or noncommissioned officers in active or reserve service fall under a cause for disqualification for appointment prescribed by the Military Personnel Management Act and are thus expelled from the army or deprived of their status, they shall be assigned to supplementary service as officers, warrant officers, or noncommissioned officers. |
| (2) | Where military surgeons, judicial officers, military chaplains, or veterinary officers in reserve service become disqualified, or their relevant professional licenses are canceled, they shall be deprived of their status and assigned to supplementary service. |
| (3) | For persons assigned to supplementary service under paragraphs (1) and (2) and for whom the cause of such assignment to supplementary service ceases to exist and who fall under each of the following subparagraphs, the disposition of assignment to supplementary service may be canceled upon their request. In such cases, the effect of such disposition of revocation shall not be retroactive: |
| 1. | Persons of sound mind; |
| 2. | Persons whose conduct is good; |
| 3. | Persons whose physical strength is unimpaired (excluding those to be retired or exempted from military service as prescribed in paragraph (4)). |
| (4) | Any person whose assignment to supplementary service has been canceled under paragraph (3) and whose age did not exceed the age limit prescribed by the Military Personnel Management Act for the rank holding at the time he was assigned to supplementary service, on the day such assignment was canceled, shall be assigned to reserve service with such rank, but any person who is incapable of performing reserve service due to a mental or physical disorder, or any person whose age exceeds the age limit, shall be retired or exempted from military service. |
| (5) | Matters necessary for the procedures for revocation of assignment to supplementary service under paragraph (3) and for the assignment to reserve service, etc. under paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 67 (Adjustment of Order in Call for Military Force Mobilization or Call for Wartime Labor to Lower Priority) |
| (1) | The director of a regional military manpower office may adjust an order of call-up for those who are deemed particularly necessary among those to be called for military force mobilization or wartime labor and serving in a State agency or defense enterprise performing the function of national mobilization in wartime to a lower priority, as prescribed by Presidential Decree. <Amended on May 29, 2016> |
| (2) | Where any person whose order of call-up is adjusted to a lower priority as prescribed in paragraph (1) has been excluded from those to be reduced to a lower priority by reason of retirement, change of position, etc., the employer (including a person in charge of personnel management on behalf of the employer; hereinafter the same shall apply) shall notify the director of the competent regional military manpower office thereof within 14 days. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 68 (Restrictions on Postponement of Military Service and on Reduction of and Exemption from Liability for Military Service) |
No person who has committed a crime prescribed in Articles 86 through 88 or 94, who has walked away from his post after conscription or call-up, or who has purposely invoked any cause of postponement or reduction of, or exemption from, the duty of military service, shall be subject to any of the following dispositions: Provided , That this shall not apply to any person who is the sole provider of his family's livelihood, except those who have purposely invoked such cause: <Amended on Jan. 25, 2010; Jun. 4, 2013; Jan. 19, 2016; May 29, 2016; Dec. 31, 2019>
| 1. | Assignment to onboard ship reserve service, international cooperation service personnel, art and sports personnel, expert research personnel service, or industrial technical personnel service, as prescribed in Article 21-2, 33-7 or 36; |
| 2. | Postponement of a draft physical examination, follow-up draft physical examination, and conscription or call-up, as prescribed in Article 60 (1) 1 and 2 and (2) of that Article; |
| 3. | Assignment to the wartime labor service or supplementary service due to family reasons under Article 62; |
| 4. | Reduction of the service period for active duty servicemen or social service personnel due to family reasons under Article 63; |
| 5. | Exemption from call-up for alternative service, release from call-up, or reduction of the service period under Article 63-2. |
[This Article Wholly Amended on Jun. 9, 2009]
CHAPTER IX CHANGE OF RESIDENCE AND OVERSEAS TRAVEL OF PERSONS LIABLE FOR MILITARY SERVICE
| Article 69 (Reporting on Change of Residence) |
| (1) | Where any person liable for military service (excluding those in active duty service and alternative service personnel; hereafter in this Article the same shall apply) changes his place of residence, he shall file a moving-in report within 14 days therefrom under Article 16 of the Resident Registration Act. <Amended on Dec. 31, 2019> |
| (2) | The Minister of the Interior and Safety shall notify the Commissioner of the Military Manpower Administration of any change in residence of persons liable for military service under paragraph (1) and other changes in their status to manage the persons liable for military service. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for establishing procedures for making notifications under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 69-2 (Notification of Military Service Disposition) |
| (1) | The Commissioner of the Military Manpower Administration shall notify the Minister of the Interior and Safety of data on changes in status of persons liable for military service, such as a military service disposition (including changes in such assignment; hereinafter the same shall apply), enlistment, release from military service, and discharge from a call, which are necessary for pigeonholing their resident registration cards. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Matters necessary for details, scope of the data notified pursuant to paragraph (1), and procedures for furnishing the data shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 70 (Permission for Overseas Travel and Revocation thereof) |
| (1) | Any of the following persons liable for military service shall, whenever he intends to travel abroad, obtain permission from the Commissioner of the Military Manpower Administration: <Amended on May 29, 2016; Dec. 31, 2019> |
| 1. | Persons of 25 or more years of age who are in the preliminary military service, supplementary service, or alternative service and have yet to be enlisted; |
| 2. | Persons in onboard ship reserve service or supplementary service or those serving as alternative service personnel. |
| (2) | The Commissioner of the Military Manpower Administration shall issue a disposition in compliance with the following guidelines against persons prescribed by Presidential Decree, including those who have a record on evasion of, or are currently evading, the draft physical examination, follow-up draft physical examination, physical examination for confirmation, or enlistment in the military without good cause: |
| 1. | Where they are subject to permission for travel abroad as prescribed in paragraph (1), such permission shall not be granted; |
| 2. | Where they are less than 25 years of age and have yet to be enlisted for the preliminary military service, supplementary service, or alternative service, measures necessary for restricting their travel abroad shall be taken. |
| (3) | Where a person who has obtained permission for travel abroad has difficulties in returning to the Republic of Korea within the permitted period, he shall obtain permission for the extension of a period or further permission for travel abroad from the Commissioner of the Military Manpower Administration within 15 days before the expiry of such period; and where he left the Republic of Korea before reaching the age of 25, he shall obtain permission for the extension of a period or further permission for travel abroad by no later than January 15 of the year he reaches the age of 25. |
| (4) | The scope of and procedures for permission for overseas travel or the extension period referred to in paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
| (5) | Where the Commissioner of the Military Manpower Administration has granted permission for travel abroad or permission for the extension of a period, he or she shall notify the Minister of Justice thereof. |
| (6) | With regard to art and sports personnel whose mandatory service period is extended pursuant to Article 33-10 (3), the Commissioner of the Military Manpower Administration shall not grant permission for travel abroad under paragraph (1) and permission for extension of a period under paragraph (3). <Added on Apr. 13, 2021> |
| (7) | Where a person who has obtained permission for overseas travel or permission for extending his period of overseas travel pursuant to paragraphs (1) and (3) returns to the Republic of Korea for the purpose of permanently residing in his homeland and his act falls under any ground prescribed by Presidential Decree, the permission for overseas travel and the permission for extending a travel period may be revoked and the duty of military service may be imposed on him. <Amended on Apr. 13, 2021> |
[This Article Wholly Amended on Jun. 9, 2009]
CHAPTER X COMPLETION OF MANDATORY MILITARY SERVICE
| Article 71 (Reduction of and Exemption from Liability for Enlistment) |
| (1) | The liability for a draft physical examination, follow-up draft physical examination, physical examination for confirmation, enlistment for active duty service, or call-up of social service personnel or alternative service personnel shall expire as of the time the relevant person attains 36 years of age, and the exempted persons (excluding those exempted from the liability for call-up of alternative service personnel) shall be assigned to the wartime labor service: |
| 1. | Persons who evaded or currently evade a draft physical examination, follow-up draft physical examination, physical examination for confirmation, enlistment for active duty service, or call-up of social service personnel or alternative service personnel without good cause, or whose whereabouts were or are unknown; |
| 1-2. | Persons whose assignment to onboard ship reserve service is revoked pursuant to Article 23-4 (1); |
| 2. | Persons whose assignment to art and sports personnel is revoked pursuant to Article 33-10 (4) 3 through 7; |
| 3. | Persons whose assignment to public health doctors, doctors exclusively in charge of the draft physical examination, public-service advocates or public quarantine veterinarians is canceled pursuant to Article 35 (2), 35-2 (2) or 35-3 (2); |
| 4. | Persons whose assignment to expert research personnel service or industrial technical personnel service is canceled under Article 41 (1); |
| 4-2. | Persons whose assignment to alternative service is revoked pursuant to Article 25 (1) of the Act on Assignment to and Performance of Alternative Service; |
| 5. | Persons who are expunged from the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates under Article 58 (3); |
| 6. | Persons whose draft physical examination, follow-up draft physical examination, enlistment, etc. is postponed for any reason provided for in Article 60 (1) 2; |
| 7. | Persons who are assigned to supplementary service or who are released from a call-up of social service personnel or alternative service personnel on any ground provided for in Article 65 (2) or 65-2 (2); |
| 8. | Persons for whom a disposition taken for assignment to supplementary service or for release from a call-up of social service personnel or alternative service personnel is revoked pursuant to Article 65 (6) or 65-2 (3); |
| 9. | Persons who left the Republic of Korea or are staying in a foreign country, without obtaining permission as prescribed in Article 70 (1) or (3), or who fail to return to the Republic of Korea within the permitted period without good cause; |
| 10. | Persons whose exemption from military service or assignment to the wartime labor service or supplementary service was made by fraud or other improper means, and thus canceled; |
| 11. | Persons who acquired Korean nationality after obtaining permission for restoring their nationality pursuant to Article 9 of the Nationality Act: |
| 12. | Persons who have filed for administrative litigation against the Commissioner of the Military Manpower Administration or the director of a regional military manpower office (including the head of a military manpower branch office) after reaching the age of 29 and who have been issued a final ruling that they lost the case. |
| (2) | Any person who is subject to enlistment for active duty service under the proviso of paragraph (1) and is 36 or more years of age may be allowed to serve as a member of the social service personnel. <Amended on Jan. 25, 2010; Jun. 4, 2013> |
| (3) | Paragraph (1) shall not apply to any person whose assignment is canceled on grounds falling under Article 33-10 (4) 1 or 2. <Added on Jun. 4, 2013; Dec. 30, 2014; Jan. 19, 2016> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 72 (Completion of Mandatory Military Service) |
| (1) | The duty of military service of soldiers enlisted for active, reserve, and supplementary services, and of those in wartime labor service and alternative service, shall be completed by the time they attain 40 years old, and that of officers, warrant officers and noncommissioned officers in reserve and supplementary services, in the year they attain the age limit of their ranks as prescribed by the Military Personnel Management Act. <Amended on May 29, 2016; Dec. 31, 2019> |
| (2) | When the term of military service referred to in paragraph (1) is completed, the officers, warrant officers, and noncommissioned officers shall retire from the service, and the enlisted men and those in alternative service shall be exempted from military service. <Amended on Dec. 31, 2019> |
[This Article Wholly Amended on Jun. 9, 2009]
CHAPTER XI GUARANTEES OF RIGHTS AND INTERESTS FOR THOSE HAVING FULFILLED MANDATORY MILITARY SERVICE
| Article 73 (Guarantee of Reinstatement to School and Recognition of Academic Credits Acquired While in Military Service) |
| (1) | The head of a school equivalent to a high school or higher shall reinstate upon application any student who withdrew temporarily from school and was enlisted in the military through conscription, call-up, or volunteering, or was in onboard ship reserve service or in supplementary service or served as alternative service personnel by call-up, etc. to the relevant school, when he has completed the aforementioned service. Even if the enrollment term expires, those who do not impede the educational schedule shall be reinstated to the relevant school upon their application. <Amended on Jan. 25, 2010; Jun. 4, 2013; Jan. 19, 2016; May 29, 2016; Dec. 31, 2019> |
| (2) | The head of a school under paragraph (1) (excluding a high school or an educational facility accredited for academic attainments equivalent thereto) may, when a person who takes leave from school temporarily for enlistment in active duty service or other military service pursuant to paragraph (1) desires to attend a remote education class through broadcasting, telecommunications, Internet, or any other information network to acquire academic credits, allow such person to enroll in the class, as prescribed by school regulations. |
| (3) | Where a person who stays out of school temporarily for military service through conscription or volunteering, is allowed to enroll in a remote education class pursuant to paragraph (2), the commanding officer of the military unit or the head of an agency in which he is in service shall allow him to attend the class to the extent that it does not impede his service while endeavoring to secure telecommunications equipment and facilities necessary for him to attend the class. <Added on Jun. 4, 2013> |
| (4) | The Minister of National Defense shall take measures necessary for expanding recognition of academic credits acquired while in military service in consultation with the Minister of Education and endeavor to take measures necessary for reimbursing expenses or otherwise ensure recognition of academic credits in consultation with the heads of schools under paragraph (2). <Added on May 9, 2014> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 74 (Guarantee of Reinstatement to Former Office) |
| (1) | The head of a State agency or local government, or an employer shall allow any public official, executive officer, or employee under his or her jurisdiction to take a temporary leave from his office, when he is enlisted in the military through conscription, call-up, or volunteering, or in onboard ship reserve service, supplementary service, or alternative service by call-up, etc. (excluding those in onboard ship reserve service or in supplementary service while holding office in the relevant agency, etc.) and shall have him resume office, when he completes such service: |
| (2) | With respect to those who have taken a temporary leave from their office under paragraph (1), the head of the relevant State agency or local government, or an employer shall include their mandatory service period in their actual working period for promotion and may pay reasonable remuneration to them, within the scope of difference between the remuneration paid by the military unit or agency for which they serve mandatorily, and that paid before they are in onboard ship reserve service, supplementary service, or alternative service by enlistment or call-up, etc.: |
| (3) | The head of any State agency or local government, or any employer shall not treat unfavorably any public official, executive or employee in his appointment, employment and promotion, for the reason that he is obliged to perform, is currently performing (limited to those in onboard ship reserve service or in supplementary service while holding their office), or performed military service, such as conscription, call-up, etc. <Amended on Jan. 25, 2010> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 74-2 (Preferential Treatment in Employment) |
| (1) | Where any person who has completed onboard ship reserve service, supplementary service (excluding social service personnel; hereafter in this Article the same shall apply), or alternative service by call-up, etc. applies for an employment test, the head of an institution liable for employment support under Article 30 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall extend the upper age limit to apply for the test within the limit of three years of age, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; May 24, 2011; Jun. 4, 2013; Jan. 19, 2016; May 29, 2016; Dec. 31, 2019> |
| (2) | Where any person in onboard ship reserve service, supplementary service, or alternative service applies for an employment test within six months before the scheduled date of completing such service, he shall be deemed to have completed such service. <Amended on Jan. 25, 2010; Dec. 31, 2019> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 74-3 (Guarantee of Study concerning Military Force Mobilization and Training) |
The head of at least a high school shall not put a student performing his duty in response to a call for military force mobilization, etc. under the following subparagraphs at a disadvantage due to such call-up or regard the period of call-up as absence: <Amended on Dec. 31, 2019>
| 1. | A call for military force mobilization, a call for military force mobilization training, a call for wartime labor service, or checking a call for wartime labor service under Articles 44 through 54; |
| 2. | A call-up for service alternative to reserve forces under Article 26 (1) of the Act on Assignment to and Performance of Alternative Service (hereinafter referred to as"service alternative to reserve forces"). |
[This Article Added on Dec. 15, 2015]
| Article 74-4 (Guarantee of Jobs concerning Military Force Mobilization and Training) |
Where a public official of a State agency or local government or an employee performs his duty in response to a call for military force mobilization. etc., the head of a State agency or local government or an employer shall not regard the period of call-up as absence or put him at a disadvantage due to such call.
[This Article Added on Dec. 15, 2015]
| Article 75 (Compensation and Medical Treatment) |
| (1) | Any of the following persons may receive compensation pursuant to the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or the Act on Support for Persons Eligible for Veteran’s Compensation: <Amended on Dec. 15, 2015; Dec. 31, 2019> |
| 1. | A bereaved family of a person who was killed in action or died on duty during military service (including persons joining the army after conscription or call) and a person discharged or exempt from military service due to any war wound or a wound or disease in the course of performing his duty and families thereof; |
| 2. | A person who has been injured or died (including where he has died due to any wound; hereinafter the same shall apply in this Article and Article 75-2) while he performs his duty or engages in training (including where he moves to a designated place in response to a call for military force mobilization, etc. or returns home after revocation of a call for military force mobilization, etc.; hereafter in this Article and Article 75-2 the same shall apply) due to a call for military force mobilization. etc. (excluding a call-up for service alternative to reserve forces; hereafter in this subparagraph the same shall apply), and families thereof. |
| (2) | Any bereaved family of a person on duty while in service as a member of the social service personnel or alternative service personnel or performing his duty or engaging in training for service alternative to reserve forces (including cases he moves to a designated place in response to a call-up for service alternative to reserve forces or returns home after release from a call-up for service alternative to reserve forces), a person who is discharged from a call (including persons assigned to the wartime labor service or exempted from military service) due to a wound (including disease in the course of performing his duty), and their family members may receive compensation, as prescribed by the Act on the Honorable Treatment of and Support for Persons. of Distinguished Service to the State or the Act on Support for Persons Eligible for Veteran's Compensation. <Amended on May 24, 2011; Sep. 15, 2011; Jun. 4, 2013; May 29, 2016; Dec. 31, 2019> |
| (3) | In cases under paragraph (2), the bereaved family members of persons who have died on duty shall be regarded as those of military personnel and police officers who have died on duty under Article 4 (1) 5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or as those of military personnel or police officers who have been killed in a disaster under Article 2 (1) 1 of the Act on Support for Persons Eligible for Veteran’s Compensation, and those who have been released from a call (including persons assigned to the wartime labor service or exempted from military service) due to a wound in the course of performing his duty (including disease in the course of performing his duty), and their families shall be regarded as military personnel and police officers wounded in the course of performing their duties and their families under Article 4 (1) 6 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or as military personnel or police officers wounded in a disaster under Article 2 (1) 2 of the Act on Support for Persons Eligible for Veteran’s Compensation. <Amended on May 24, 2011; Sep. 15, 2011; Jun. 4, 2013; May 29, 2016> |
| (4) | Any person suffering from a wound or disease in the course of performing his duty as a member of the social service personnel or alternative service personnel shall be treated in a military medical facility or any other medical facility run by the State, a local government, or the private sector at the expense of the State, a local government, public organization, etc., as prescribed by Presidential Decree. <Amended on Jun. 4, 2013; Dec. 31, 2019> |
| (5) | With respect to persons killed or wounded directly due to military education conducted during the call for military education prescribed in Article 55 (1) or the student military education prescribed in Article 57 (1) or (2), paragraphs (1) and (4) shall apply |
| (6) | Any of the following persons may receive medical treatment at a military medical facility, a medical facility of the State or a local government, or a commercial medical facility, as prescribed by Presidential Decree, at the expense of the State: |
| 1. | A person who needs medical treatment due to reasons directly caused by a draft physical examination, a follow-up draft physical examination, an enlistment examination, a physical examination (including a follow-up physical examination), an examination of physical strength, or a physical examination for confirmation under Article 11, 14, 14-2, 14-3, 20 (1), or 77-2 (hereinafter referred to as "draft physical examination, etc."); |
| 2. | A person who has been injured while joining the army after conscription or call; |
| 3. | A person who has been injured while performing his duty or engaging in training due to a call for military force mobilization. etc. |
| 4. | A person who is injured while moving to a designated place in person in response to a draft physical examination, etc. or while returning home without delay after such examination. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 75-2 (Compensation for Accidents) |
| (1) | Each person who has died on duty while in service as a member of the social service personnel or alternative service personnel (including persons who have died from a wound or disease in the course of performing their duty) or who has been wounded or contracted a disease in the course of performing his duty shall receive an indemnity for accident, etc.: |
| (2) | The indemnity under paragraph (1) shall be borne by the State, local governments or public organizations. |
| (3) | Matters necessary for the amount and payment, etc. of indemnities under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (4) | Accident compensation shall be paid to person who has been injured or died while performing his duty or engaging in training due to a call for military force mobilization. etc. and compensation for business suspension shall be paid to persons falling under Article 75 (6) 3 for a period during which he cannot make his livelihood due to medical treatment: Provided That the amount corresponding to compensation shall not be paid to persons who have received same types of compensation paid by the State or local government pursuant to other statutes. <Added on Dec. 15, 2015> |
| (5) | With regard to accident compensation or compensation for business suspension pursuant to paragraph (4), Article 8-2 of the Reserve Forces Act shall apply |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 75-3 (Purchase of Insurance Policies) |
| (1) | The State, local governments, public organizations, etc. may purchase insurance policies to cover medical expenses under Article 75 (4) or the indemnities for accidents under Article 75-2 (1). <Amended on Dec. 22, 2020> |
| (2) | Where any of the following persons sustains a disease or injury due to education and training, performance of duties, etc. during the service period, the Minister of National Defense may purchase an insurance policy to provide appropriate medical treatment, such as the payment of medical expenses: <Added on Dec. 22, 2020> |
| 1. | Full-time reserve service personnel; |
| 2. | Active duty servicemen. |
| (3) | Where necessary in relation to the purchase of an insurance policy under paragraph (2), the Minister of National Defense may request the Military Manpower Administration and other relevant administrative agencies to provide personal information, including the name, resident registration number, military registration number, and date of enlistment, notwithstanding Article 19 of the Personal Information Protection Act. In such cases, the person upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so. <Added on Dec. 22, 2020> |
| (4) | The Minister of National Defense may entrust part of the affairs regarding the purchase of insurance policies, etc. under paragraphs (2) and (3) to the relevant specialized institutions prescribed by Presidential Decree. <Added on Dec. 22, 2020> |
[This Article Added on May 9, 2014]
[Title Amended on Dec. 22, 2020]
| Article 76 (Sanctions against Persons who have Not Fulfilled Mandatory Military Service) |
| (1) | The head of a State agency or local government, or an employer shall not appoint any of the following persons as public official, executive, or employee and, if such person is in office, shall dismiss him from office: <Amended on Jun. 4, 2013; May 29, 2016; Dec. 31, 2019> |
| 1. | A person who evades a draft physical examination, follow-up draft physical examination, or physical examination for confirmation; |
| 2. | A person who evades a conscription or call-up; |
| 3. | A person who walks away from his post in the military or his place of service as a member of the social service personnel or alternative service personnel. |
| (2) | The head of a State agency or local government shall not grant any patent, permission, authorization, license, registration, designation, etc. (hereafter in this Article, referred to as"patent, etc.") for various government-authorized, permitted or licensed businesses, to a person falling under any subparagraph of paragraph (1), and if such has already been granted, it shall be revoked. <Amended on Feb. 8, 2017> |
| (3) | To ascertain whether a person falling under any of the subparagraphs of paragraph (1) holds a patent, etc. for any government-authorized, permitted or licensed business pursuant to paragraph (2), the Commissioner of the Military Manpower Administration may request the Commissioner of the National Tax Service to provide information on his or her certificate of business registration. In such cases, the Commissioner of the National Tax Service shall provide such information in accordance with Article 39 of the Electronic Government Act. <Added on Feb. 8, 2017> |
| (4) | The Commissioner of the Military Manpower Administration shall notify the head of the State agency or local government pursuant to paragraph (2) of the information provided by the Commissioner of the National Tax Service in accordance with paragraph (3) and of any failure to fulfill mandatory military service. <Added on Feb. 8, 2017> |
| (5) | With respect to persons who have left the Republic of Korea, or stay in a foreign country, without obtaining permission under Article 70 (1) or (3), or those who fail to return to the Republic of Korea within the permitted period without good cause, paragraphs (1) and (2) shall apply |
[This Article Wholly Amended on Jun. 9, 2009]
CHAPTER XII MILITARY ADMINISTRATION
| Article 77 (Supervision of Military Administration) |
| (1) | The affairs regarding conscription, call-up, and other military administration shall be supervised by the Commissioner of the Military Manpower Administration. |
| (2) | In cases where any order or disposition issued or made by the director of a regional military manpower office is deemed unlawful or unreasonable, the Commissioner of the Military Manpower Administration may suspend or revoke it. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 77-2 (Physical Examination for Confirmation) |
| (1) | The director of each regional military manpower office (including head of military manpower branch office; hereinafter the same shall apply in this Act) may investigate the fact relevance such as the record of medical examination and details of medical treatment and perform a physical examination of its confirmation, where there is any reason including reasons prescribed by Presidential Decree that a person falling under each subparagraph has is deemed to deceive for the purpose of being exempted from duty of military service. <Amended on May 29, 2016; Dec. 31, 2019> |
| 1. | A person who has obtained a military service disposition to be determined at from Grade IV through Grade VII as disease or mental or physical disorder as a result of the determination of physical grade under Article 12 (1); |
| 2. | A person whose military service determination has been altered or whose military service has been exempted in accordance with Articles 65 (1) 1 and (4) and 65-2 (1). |
| (2) | The director of each regional military manpower office shall alter a military service disposition as prescribed by Presidential Decree, if he or she perceives that the military service disposition has been performed falsely by a result of physical examination for its confirmation pursuant to the above paragraph (1). |
| (3) | Matters necessary for the method and procedure of physical examination for its confirmation pursuant to paragraph (1), etc. shall be prescribed by Presidential Decree. |
[This Article Added on May 24, 2011]
| Article 77-3 (Reimbursement of National Health Insurance Premiums by Government) |
| (1) | The State may reimburse those called to full-time reserve service pursuant to Article 21 (1), those called to social service pursuant to Article 26, and those called to alternative service pursuant to Article 17 (1) of the Act on Assignment to and Performance of Alternative Service, falling under any of the following subparagraphs, for insurance premiums they are liable to pay pursuant to Article 69 of the National Health Insurance Act, within the limits prescribed by Presidential Decree: <Amended on Feb. 8, 2017; Dec. 31, 2019> |
| 1. | Those in full-time reserve service, social service personnel, or alternative service personnel as the employees insured pursuant to Article 6 (1) of the National Health Insurance Act (limited to the insured to whom all or part of their remuneration is not paid due to a leave of absence from office or other circumstances pursuant to Article 70 (2) of that Act); |
| 2. | Those in full-time reserve service, social service personnel, or alternative service personnel as the self-employed insured pursuant to Article 6 (1) of the National Health Insurance Act. |
| (2) | For those entitled to receive reimbursement of insurance premiums pursuant to paragraph (1), insurance premiums provided for in any of the following subparagraphs may be reimbursed to cover the period from the date of call-up to full-time reserve service, social service, or alternative service until the date of release from such call-up: <Added on Feb. 8, 2017; Dec. 31, 2019> |
| 1. | For the employees insured: The amount of insurance contribution based on monthly remuneration pursuant to Article 69 (4) 1 of the National Health Insurance Act; |
| 2. | For the self-employed insured: The amount of monthly insurance contribution pursuant to Article 69 (5) of the National Health Insurance Act. |
| (3) | Matters necessary for the reimbursement of insurance premiums pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Feb. 8, 2017> |
| (4) | Methods, etc. of the adjustment of estimated annual insurance premiums to be reimbursed pursuant to paragraphs (1) through (3) shall be in accordance with procedures set forth in statutes or regulations governing the national health insurance. <Amended on Feb. 8, 2017> |
[This Article Added on Jun. 4, 2013]
| Article 77-4 (Management of Military Register of Public Servants) |
| (1) | With regard to any person falling under any of the following subparagraphs among those enrolled on the military register pursuant to Article 5 (3), the Commissioner of the Military Manpower Administration or the director of each regional military manpower office (including the head of each military manpower branch office) may separately classify and manage his military register from the time when he is enlisted for the preliminary military service until he completes active duty service, supplementary service, or alternative service or until he is assigned to wartime labor service or exempted from military service. In such cases, with regard to any person whose assignment to military service is changed under Article 65 after being enlisted in the military, the military register and relevant information may be managed by receiving them from the head of the relevant agency managing the military register: <Amended on May 29, 2016; Mar. 21, 2017; Apr. 23, 2019; Dec. 31, 2019; Apr. 13, 2021; Jun. 20, 2023> |
| 1. | A person obligated to report pursuant to Article 2 of the Act on the Report and Disclosure of Military Service Records of Public Servants, and his or her children; |
| 2. | An athlete under subparagraph 4 of Article 2 of the National Sports Promotion Act and a current or former member of the national team under subparagraph 4-2 of that Article who is playing sports abroad; |
| 3. | A popular culture artist pursuant to subparagraph 3 of Article 2 of the Popular Culture and Arts Industry Development Act, who has entered into a contract with a popular culture business person regarding popular culture services with intent to provide the popular culture services; |
| 4. | A taxpayer subject to the highest or the second highest tax rate by tax base of global income under Article 55 of the Income Tax Act, as prescribed by Presidential Decree, and his or her children. |
| (2) | When necessary to ascertain those who are subject to the management of the military register pursuant to paragraph (1), the Commissioner of the Military Manpower Administration or the director of each regional military manpower office may request the head of a relevant institution or organization to furnish materials pursuant to each of the following subparagraphs. In such cases, the head of the institution or organization in receipt of the request for materials shall comply therewith unless there is good cause: <Added on Mar. 21, 2017; Apr. 13, 2021> |
| 1. | A list of the persons obligated to report and their children falling under paragraph (1) 1: The head of an institution whereto the persons obligated to report belong: |
| 2. | A list of players pursuant to paragraph (1) 2: The head of an athletic affiliate or the president of the Korean Sport and Olympic Committee under Article 33 of the National Sports Promotion Act; |
| 3. | A list of popular culture artists and popular culture business persons falling under paragraph (1) 3: A popular culture business person under subparagraph 8 of Article 2 of the Popular Culture and Arts Industry Development Act and the Minister of Culture, Sports and Tourism; |
| 4. | A list of tax obligors falling under paragraph (1) 4 and data regarding the resident registration informatization of persons liable for military service and their parents: The Commissioner of the National Tax Service and the Minister of the Interior and Safety. |
| (3) | Where a popular culture business person enters into a new contract with a popular culture artist under paragraph (1) 3 or a contract is terminated, he or she shall notify the Commissioner of the Military Manpower Administration of such changes within 14 days from the date such ground occurs. <Added on Apr. 13, 2021> |
| (4) | No one shall disclose or divulge information or data managed pursuant to paragraph (1), provide such information, etc. to a third party or use it for purposes other than its intended purposes. <Amended on Mar. 21, 2017; Apr. 13, 2021> |
| (5) | Matters necessary for the management of the military register and the methods of submitting materials, other than those provided for in paragraphs (1) through (4), shall be prescribed by Presidential Decree. <Added on Mar. 21, 2017; Apr. 13, 2021> |
[This Article Added on Dec. 15, 2015]
| Article 77-5 (Record and Management of Military Service Information) |
| (1) | The Commissioner of the Military Manpower Administration or the director of each regional military manpower office (including the head of each military manpower branch office) shall record or manage the following military service information: <Amended on May 29, 2016; Dec. 31, 2019> |
| 1. | Matters necessary for assignment of military service obligators to the preliminary military service, draft physical examination, assignment to supplementary service or alternative service, or service thereof, joining the army, assignment to wartime labor service, exemption from the military service, etc.; |
| 2. | Matters necessary for management of service, education, and training records of military service obligators who have completed mandatory military service. |
| (2) | The Commissioner of the Military Manpower Administration shall establish and operate the electronic data processing program for systematic record and management of the military service information pursuant to paragraph (1). |
| (3) | Matters necessary for record, management, verification, output or proof of the military service information prescribed in paragraph (1) and establishment and operation, etc. of electronic data processing programs shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 19, 2016]
| Article 77-6 (Disclosure of Results of Draft Physical Examination) |
| (1) | The Commissioner of the Military Manpower Administration shall prepare and disclose statistics on the results of draft physical examinations, the results of military service dispositions, the current status of the performance of mandatory military service of persons subject to annual draft physical examinations, and the current status of change of military service dispositions (hereinafter referred to as"results, etc. of draft physical examinations") for the previous year by June 30 each year. |
| (2) | The statistics on the results, etc. of draft physical examinations under paragraph (1) shall include the following matters: |
| 1. | The number of persons subject to draft physical examinations; |
| 2. | Total number of persons who have undergone draft physical examinations; |
| 3. | The number of persons obtaining each physical grade; |
| 4. | The number of persons subject to military service dispositions according to the determination of each physical grade; |
| 5. | The current status of the performance of mandatory military service of persons who have undergone annual draft physical examinations; |
| 6. | The current status of change of military service dispositions of persons who have undergone annual draft physical examinations; |
| 7. | The number of persons assigned to wartime labor service or alternative service by reason and persons exempted from military service, among persons subject to annual draft physical examinations. |
| (3) | Matters necessary for the preparation of statistics, procedures for disclosure thereof, etc. under paragraph (1) shall be determined by the Commissioner of the Military Manpower Administration. |
[This Article Added on Apr. 13, 2021]
| Article 78 (Delegation of Military Administrative Affairs) |
| (1) | The authority of the Commissioner of the Military Manpower Administration under Articles 20, 31-2 (2), 34-2 (5), 70 (1) and (3), 81, and 95 may be delegated to the directors of regional military manpower offices, or the heads of the agencies affiliated therewith, as prescribed by Presidential Decree. |
| (2) | Part of the authority held by the directors of regional military manpower offices under this Act may be delegated to the heads of the agencies affiliated therewith, as prescribed by Presidential Decree. |
| (3) | Part of the authority held by the Commissioner of the Military Manpower Administration prescribed in Article 70 (3), and part of the authority held by the directors of regional military manpower offices prescribed in Article 60 (1) 2, may be delegated to the heads of diplomatic missions abroad, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 79 (Travel Expenses Defrayed out of National Treasury) |
| (1) | The following expenses shall be defrayed out of the National Treasury: <Amended on May 28, 2014; May 29, 2016; Mar. 21, 2017; Nov. 28, 2017; Dec. 22, 2020> |
| 1. | Travel expenses incurred by those who undergo draft physical examinations, follow-up draft physical examinations, enlistment examinations, physical examinations for volunteers for active duty service, physical examinations for confirmation, and other follow-up physical examinations and follow-up examinations prescribed by Presidential Decree, and expenses incurred in issuing medical certificates for military service and other supplementary documents, such as medical and operating records required in process of physical examinations; |
| 2. | Expenses incurred in administering entrusted examinations under the latter part of Article 11 (4) or the proviso of paragraph (5); |
| 3. | Travel expenses incurred by applicants for an examination of physical strength, interview, written examination, skill test, etc. under the latter part of Article 20 (1); |
| 4. | Travel expenses incurred by those who are enlisted for, or disqualified from, military service by conscription or call-up or active duty service by volunteering. |
| (2) | Matters necessary for reimbursing expenses under paragraph (1), such as reimbursement frequency and guidelines, shall be prescribed by Presidential Decree. <Amended on May 28, 2014> |
| (3) | Where any person who has received expenses pursuant to paragraph (1) falls under any of the following subparagraphs, the director of each regional military manpower office, the head of each military manpower branch office or the head of an institution belonging to the Military Manpower Administration in charge of determining the physical grade shall redeem the whole or part of such expenses: <Added on May 29, 2016> |
| 1. | Where he has received expenses by fraud or other wrongful means; |
| 2. | Where expenses are erroneously paid; |
| 3. | Where notice of enlistment has been revoked, the date of enlistment has been postponed or he fails to join the army due to evasion of enrollment after he has received travel expenses. |
| (4) | Matters necessary for redemption, such as detailed standards and procedures for redemption pursuant to paragraph (3) shall be prescribed by Presidential Decree. <Added on May 29, 2016> |
[This Article Wholly Amended on Jun. 4, 2013]
| Article 79-2 (Government’s Support for Installment Savings) |
| (1) | Where active duty servicemen, full-time reserve service personnel, social service personnel, alternative service personnel, or persons seconded pursuant to Article 25 open an account of the installment savings for future-preparation of military personnel under Article 91-19 of the Restriction of Special Taxation Act, the State may provide financial support within the budget. |
| (2) | Matters necessary for financial support under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added on Apr. 13, 2021]
| Article 80 (Cooperation in Military Administration) |
| (1) | The head of a military administrative agency may, if necessary for carrying out his or her duties, request cooperation for the military administration to the head of any State agency or local government, or the head of any agency holding a data processing system and a communication system. |
| (2) | The head of an agency who has received a request under paragraph (1) shall cooperate therewith and shall not refuse it without good cause. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 80-2 (Sharing of Computerized Family Relationship Registration Information) |
The Commissioner of the Military Manpower Administration, the directors of regional military manpower offices, and the heads of military manpower branch offices may share computerized information data provided for in Article 11 (4) of the Act on the Registration of Family Relationships (including managing such data under subparagraph 2 of Article 2 of the Personal Information Protection Act) pursuant to the Electronic Government Act in order to perform their military administrative affairs prescribed by Presidential Decree.
[This Article Added on May 9, 2014]
| Article 81 (Prevention of and Crackdown on Offenses Involving Military Service) |
| (1) | The Commissioner of the Military Manpower Administration may, where he or she deems it necessary to prevent and crack down on offenses involving military service, confirm and check matters concerning the fulfillment of military service by persons liable for military service and collect data necessary to confirm the fact of violating statutes or regulations governing military service. |
| (2) | The Commissioner of the Military Manpower Administration may ask State agencies, local governments, and public institutions to furnish data necessary to confirm matters concerning the fulfillment of military service under paragraph (1), as prescribed by Presidential Decree. In such cases, the head of an institution who has received the request for data shall comply with the request unless there is a compelling reason not to do so. |
| (3) | The Commissioner of the Military Manpower Administration may ask employers hiring persons liable for military service to furnish data necessary to confirm the fact of violating statutes or regulations governing military service under paragraph (1) or question them about facts. |
| (4) | The Commissioner of the Military Manpower Administration shall be prohibited from using any data furnished under paragraphs (2) and (3) for any purpose other than for preventing and cracking down on offenses involving military service and supplying any other institution with such data. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 81-2 (Disclosure of Personal Information of Persons Who Evade Military Service) |
| (1) | With regard to any of the following persons, the Commissioner of the Military Manpower Administration may disclose his personal information and his failure to perform the military service on the website: |
| 1. | Anyone who has left the Republic of Korea without obtaining permission prescribed in Article 70 (1) or (3), who has stayed in a foreign country or who has failed to return to the Republic of Korea during a period permitted without any justifiable ground (including persons who have failed to return to the Republic of Korea, in violation of an order to return to the Republic of Korea pursuant to Article 83 (2) 10); |
| 2. | Persons who have failed to undergo a draft physical examination, follow-up draft physical examination, physical examination or physical examination for confirmation without good cause; |
| 3. | Persons who have failed to respond to enlistment for active duty service, call-up of social service personnel or alternative service personnel, or call for military education, without good cause. |
| (2) | The Deliberative Committee on Disclosure of Evasion of Mandatory Military Service (hereinafter referred to as the"Committee" in this Article) shall be established under the jurisdiction of the competent regional military manpower office (including each regional military manpower branch office) so as to deliberate on whether personal information disclosed pursuant to paragraph (1) and matters concerning evasion of mandatory military service or reduction of or exemption from mandatory military service shall be disclosed. |
| (3) | The director of the competent regional military manpower office shall give an opportunity of vindication to persons subject to disclosure who have underwent deliberation by the Committee by notifying them of the fact that their personal information prescribed in paragraph (1) may be disclosed, and determine persons whose personal information shall be disclosed by requesting the Committee to re-deliberate on whether to disclose personal information by taking into account the actual status concerning performance of mandatory military service by persons subject to disclosure after six months elapse from the date when the notification is made. |
| (4) | Matters necessary for the organization and operation of the Committee, and matters to be disclosed pursuant to paragraphs (1) through (3) and methods and procedures for disclosure shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 30, 2014]
| Article 81-3 (Prohibition of Posting and Distributing Information Related to Evasion of the Duty of Military Service and Reduction of or Exemption from the Duty of Military Service) |
| (1) | No one shall publish or distribute information that encourages acts falling under Articles 86 and 87 (1) through the information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection. |
| (2) | Other necessary matters, such as the types of information prohibited from publication and distribution under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 31, 2023]
| Article 82 (Encouragement of Military Service) |
The Commissioner of the Military Manpower Administration may carry out publicity and educational activities to create a social atmosphere for voluntary military service and projects, etc. to honor those who have fulfilled their military service.
[This Article Added on Jun. 4, 2013]
| Article 82-2 Deleted. <Dec. 5, 2002> |
| Article 82-3 (Selection of Prestigious Military Service Families) |
| (1) | The Commissioner of the Military Manpower Administration may select a family whose three generations (male lineal descendants in the first through third generations) have all faithfully completed active military service, etc. as prescribed by Presidential Decree: |
| (2) | If a family eligible for selection as a prestigious military service family under paragraph (1) has a person who falls under matters prescribed by Presidential Decree, such as refusal of a draft physical examination, the Commissioner of the Military Manpower Administration may exclude the family from the selection, and may revoke the selection if the family has already been selected as a prestigious military service family. |
| (3) | Matters necessary for the procedures for selection of a prestigious military service family and revocation thereof shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 31, 2023]
| Article 82-4 (Awards and Honorable Treatment for Prestigious Military Service Families) |
| (1) | The Commissioner of the Military Manpower Administration or the director of each regional military manpower office (including the head of a military manpower branch office) may give awards to prestigious military service families selected pursuant to Article 82-3 (1) and may request the heads of State agencies, local governments, public institutions, private organizations, etc. to provide support and cooperation necessary for honorable treatment of the prestigious military service families. |
| (2) | Matters necessary for the standards and procedures for awards under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added on Oct. 31, 2023]
CHAPTER XIII SPECIAL CASES IN WARTIME
| Article 83 (Special Cases in Wartime) |
| (1) | In time of war or public disturbance or in the event that an order for military force mobilization is issued, the Minister of National Defense may take each of the following measures and where necessary for national defense, only the measures referred to in subparagraph 6 may be taken: <Amended on Jan. 25, 2010; Jul. 24, 2015; Jan. 19, 2016; May 29, 2016; Dec. 31, 2019; Dec. 7, 2021> |
| 1. | Extension of the period of active duty service under Article 18 (2); |
| 2. | Suspension of transfer of those to be called to full-time reserve service under Article 21 to other service, and transfer of those called to full-time reserve service to active duty service; |
| 3. | Enrollment of those who completed onboard ship reserve service under Article 23-2 but have attained the age of 40 years or less on the military register of officers or noncommissioned officers in reserve service; |
| 4. | Suspension or revocation of the secondment to a member of an auxiliary police company and a member of an obligatory fire-fighting unit under Article 25; |
| 5. | Suspension of assignment to public health doctor service, public-service advocate service or public quarantine veterinarian service under Article 34, 34-6, or 34-7, and conversion of them into those subject to a call for military force mobilization (referring to conversion to those to be called for wartime labor for persons who have not been called for military education as prescribed in Article 55 (3)); |
| 6. | Enrollment of persons of 40 or less years of age, out of those who have completed the mandatory service period at key industrial enterprises under Article 38 (1) 1 as industrial technical personnel in the field of fishery or marine transportation, on the military register of officers or noncommissioned officers in reserve service; |
| 7. | Enrollment of those who are qualified for the medical, judicial, religious, or veterinary field under the subparagraphs of Article 58 (1) and are 40 or less years of age, on the military register of officers in reserve service; |
| 7-2. | Suspension of the procedures for assignment to alternative service and suspension of the call-up of alternative service personnel under the Act on Assignment to and Performance of Alternative Service, such as the receipt of applications for assignment to alternative service; |
| 8. | Suspension of changes in assignment of military service and expungement from the military register under Articles 65, 65-2, and 66 (1); |
| 9. | Extension of the mandatory service period of soldiers in active, reserve, and supplementary services, and those in the wartime labor service or alternative service under Article 72 (1), up to 45 years of age. |
| (2) | In time of war or public disturbance, or in the event that an order for military force mobilization is issued, the Commissioner of the Military Manpower Administration may take each of the following measures: <Amended on Jun. 4, 2013; Jan. 19, 2016; May 29, 2016; Dec. 31, 2019> |
| 1. | Act of changing the service method of a written notice on imposition of mandatory military service under Article 6 to a method of public announcement through newspapers, television or radio; |
| 2. | Change of the age for a draft physical examination under Article 11, omission of a psychological test, and conduct of a physical examination focused on the surgical test and internal examination; |
| 3. | Conversion (referring to conversion to those to be called for wartime labor of persons who have not been called for military education as prescribed in Article 55 (3)) of persons in supplementary service under Article 14 (1) 1, and those in supplementary service as expert research personnel or industrial technical personnel under Article 36, who have not been called for military education under Article 55, to those subject to enlistment for active duty service; and conversion of persons who have completed a call for military education under Article 55 to those to be called for military force mobilization; |
| 4. | Suspension of a call-up or assignment to social service, art and sports personnel service, expert research personnel service or industrial technical personnel service as prescribed in Articles 26, 33-7 and 36; |
| 5. | Suspension of the postponement of a draft physical examination or follow-up draft physical examination and a conscription or call-up, as prescribed in Article 60 (1) or (2); |
| 6. | Restrictions on postponement of the date for fulfillment of a duty under Article 61 (1); |
| 7. | Reduction of the period of reporting any change in place of residence as prescribed in Article 69, to seven days; |
| 8. | Change of persons aged between 18 and 45 in reserve service, supplementary service, the preliminary military service, wartime labor service, or alternative service to those under obligation to obtain permission for overseas travel; |
| 9. | Extension of the liability for a draft physical examination, follow-up draft physical examination, physical examination for confirmation and enlistment for active duty service under Article 71 (1) by up to 37 years of age; |
| 10. | Issuance of an order to return to the Republic of Korea to persons liable for military service who reside in foreign countries; |
| 11. | Revocation of the permission for overseas travel granted prior to the proclamation of a war, public disturbance or order for military force mobilization. |
| (3) | In time of war or public disturbance or in the event that an order for military force mobilization is issued, the director of a regional military manpower office (including the head of a military manpower branch office; hereafter in this Article the same shall apply) shall delegate the wartime tasks listed in the following subparagraphs to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, |
| 1. | Delivery of notices of draft physical examination, notices of enlistment for active duty service, notices of call for military force mobilization and notices of call for wartime labor, and reporting on the delivery of such notices; |
| 2. | Encouragement of draft physical examination, and encouragement of persons subject to enlistment for active duty service, call for military force mobilization and call for wartime labor to enter military service; |
| 3. | Assistance in tipping off, hunting down and cracking down dodgers of any draft physical examination, enlistment for active duty service, call for military force mobilization or call for wartime labor; |
| 4. | Assistance in the provision of vehicles, foodstuffs, accommodation facilities, etc. for mobilized military forces; |
| 5. | Other tasks requested by the directors of regional military manpower offices in connection with the management of military service resources. |
| (4) | The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a |
| (5) | A Mayor/ |
| (6) | The director of each regional military manpower office shall provide personnel in charge of military affairs appointed by the competent Mayor/ |
| (7) | Expenses incurred in performing wartime military affairs delegated to each Mayor/ |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 83-2 (Committees for Prevention of Military Service Offenders) |
| (1) | In time of war or public disturbance, or in the event that an order for military force mobilization is issued, the Central Committee for the Prevention of Military Service Offenders shall be established under the Military Manpower Administration and a local committee for the prevention of military service offenders shall be established in a Special Metropolitan City, Metropolitan City, |
| 1. | Prevention of and crackdown on dodging and evasion of military service; |
| 2. | Investigation and administration of the missing among persons liable for military service; |
| 3. | Crackdown and check on the violation of assignment and mandatory service by expert research personnel and industrial technical personnel; |
| 4. | Crackdown and guidance on the violation of employment ban and the guarantee of reemployment, etc.; |
| 5. | Matters concerning the registration of family relationship and the resident registration that are concerned with the obligation of military service; |
| 6. | Other matters concerning the prevention of and crackdown on military service offenders. |
| (2) | The head of a State agency or local government or an employer shall actively cooperate with activities by the committees for the prevention of military service offenders at various levels under paragraph (1). |
| (3) | Matters necessary for the composition and operation of the committees for the prevention of military service offenders referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 83-3 (Duty to Carry Military Service Certificate and Certificate of Discharge from Military Service) |
Every person liable for military service shall carry a military service certificate or certificate of discharge from military service with him during a war or public disturbance, or when a mobilization order is issued.
[This Article Wholly Amended on Jun. 9, 2009]
CHAPTER XIV PENALTY PROVISIONS
| Article 84 (Failure to Notify Changes in Status) |
| (1) | In any of the following cases, the relevant person shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding 20 million won: <Amended on Jan. 25, 2010; May 29, 2016> |
| 1. | Where an employer fails to make notification on changes in status under Article 23-3, 40, or 67 (2) without good cause, or makes false notification; |
| 2. | Where the head of a public organization or head of a social welfare facility fails to make notification under Article 32 (1) or (2) without good cause, or makes false notification. |
| (2) | Any person who fails to make a move-in report under Article 69 (1) without good cause or makes a false move-in report shall be punished by a fine not exceeding two million won or misdemeanor imprisonment. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 85 (Refusal to Receive, and Negligence of Duty to Deliver, Written Notice) |
Where a person under obligation to receive or deliver a written notice imposing military service under Article 6 refuses to receive it, fails to deliver it, or delays in the delivery thereof, without good cause, he or she shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding one million won.
[This Article Wholly Amended on Jun. 9, 2009]
| Article 86 (Desertion and Body Injury) |
Any person who deserts, absconds, or injures his body or commits a deceitful act, with the intention of evading military service or having military service reduced or exempted, shall be punished by imprisonment with labor for not less than one year, but not more than five years.
[This Article Wholly Amended on Jun. 9, 2009]
| Article 87 (Evasion of Draft Physical Examination) |
| (1) | A person who undergoes a draft physical examination, follow-up draft physical examination, enlistment examination, physical examination, or physical examination for confirmation on behalf of a person liable for such examination shall be punished by imprisonment with labor for at least one year but up to three years. <Amended on Jun. 4, 2013; May 29, 2016; Dec. 22, 2020> |
| (2) | Deleted. <Mar. 21, 2017> |
| (3) | A person who receives a notice of a draft physical examination, follow-up draft physical examination, enlistment examination, physical examination, or physical examination for confirmation and fails to undergo such examination on the designated date without good cause shall be punished by imprisonment with labor for not more than six months. <Amended on Jun. 4, 2013; May 29, 2016; Dec. 22, 2020> |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 87-2 (Violation of Prohibition of Posting and Distributing Information Related to Evasion of the Duty of Military Service and Reduction of or Exemption from the Duty of Military Service) |
A person who violates Article 81-3 (1) shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won.
[This Article Added on Oct. 31, 2023]
| Article 88 (Evasion of Enlistment) |
| (1) | Any person who has received a notice of enlistment for active duty service or a notice of call (including a notice of enlistment through recruitment) and fails to enlist in the military or to comply with the call, even after the expiration of the following report period from the date of enlistment or call without good cause, shall be punished by imprisonment with labor for not more than three years: |
| 1. | Three days for enlistment for active duty service; |
| 2. | Three days for a call-up of social service personnel or alternative service personnel; |
| 3. | Three days for a call for military education; |
| 4. | Two days for a call for military force mobilization and a call for wartime labor. |
| (2) | Any person who enlists in the military or complies with a call, in place of a person to be enlisted or called after receiving a notice referred to in paragraph (1), shall be punished by imprisonment with labor for at least one year, but not more than three years: |
| (3) | Deleted. <Mar. 21, 2017> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 88-2 (False Assignment to Alternative Service) |
A person who prepares and submits a false document or makes a false statement in order to be assigned to alternative service shall be punished by imprisonment with labor for at least one year but up to five years.
[This Article Added on Dec. 31, 2019]
| Article 89 (Proxy Service for Social Service Personnel) |
Any person who serves by proxy for one of the social service personnel, art and sports personnel, or alternative service personnel shall be punished by imprisonment with labor for not less than one year, but not more than three years. <Amended on Jun. 4, 2013; Jan. 19, 2016; Dec. 31, 2019>
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 89-2 (Desertion from Place of Service by Social Service Personnel) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years: <Amended on Jan. 25, 2010; Jun. 4, 2013; Jan. 19, 2016; May 29, 2016; Dec. 31, 2019; Apr. 13, 2021>
| 1. | Social work personnel, art and sports personnel, or alternative service personnel who have deserted from their place of service or have failed to serve in the relevant field for at least eight days in total without good cause; |
| 2. | Public health doctors or doctors exclusively in charge of the draft physical examination who have left their service area, or have failed to perform their duties in the relevant field for at least eight days in total, without good cause; |
| 3. | Public-service advocates who have deserted from their place of service, or have failed to perform their duties in the relevant field for at least eight days in total, without good cause; |
| 4. | Public quarantine veterinarians who have left their assigned institution or service area, or have failed to perform their duties in the relevant field for at least eight days in total, without good cause; |
| 5. | Expert research personnel or industrial technical personnel whose assignment has been canceled because they did not engage in the relevant field at a military service-designated entity (referring to a military service-designated entity after transfer, where they are transferred to another military service-designated entity pursuant to the proviso of Article 39 (3)) as at the time of assignment under subparagraph 2 of Article 40, or whose assignment has been canceled because they were absent from work without permission for at least eight days in total during a mandatory service period under subparagraph 3 of that Article. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 89-3 (Violation of Service Obligation by Social Service Personnel) |
Where a member of the social service personnel or art and sports personnel falls under any of the following, he shall be punished by imprisonment with labor for not more than one year: <Amended on May 24, 2011; Jun. 4, 2013; Jan. 19, 2016; Apr. 23, 2019; Dec. 31, 2019; Apr. 13, 2021>
| 1. | Where warnings of at least two times in total due to a reason falling under Article 33 (2) 6 have been received; |
| 2. | Where warnings of at least four times in total due to a reason falling under any of Articles 33 (2) 1 through 3, 3-2 and 4 and 33-10 (2) 1 through 5 and 7 and Article 24 (2) 1 through 4 of the Act on Assignment to and Performance of Alternative Service have been received; |
| 3. | Where warnings of at least eight times in total due to reasons including cases where social service personnel, etc. go to work later than daily start working time, early leave from work without notice, or desert from work place without good cause, among reasons falling under any of Articles 33 (2) 7 and 33-10 (2) 8 and Article 24 (2) 5 of the Act on Assignment to and Performance of Alternative Service, have been received; |
| 4. | Where warnings due to a reason falling under Article 33-10 (2) 6 have been received. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on Jun. 4, 2013]
| Article 89-4 (Leakage or Usage of Personal Information of Social Service Personnel) |
Where a member of the social service personnel divulges or uses without permission any other person's information acquired in the course of performing his service, he shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
[This Article Added on Dec. 22, 2020]
| Article 90 (Evasion of Call for Military Force Mobilization) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won, or by misdemeanor imprisonment: |
| 1. | A person who has received a notice of a call for military force mobilization but fails to enlist in the military or to attend a check-up on the date and time designated pursuant to Article 50 (3), without good cause; |
| 2. | A person who has received a notice of the call-up of the service alternative to reserve forces but fails to respond to such call-up on the designated date and time, without good cause, in violation of Article 26 (3) of the Act on Assignment to and Performance of Alternative Service. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than two years: |
| 1. | A person who enlists in the military or attends a check-up in place of a person who shall enlist in the military or attend the check-up pursuant to Article 50 (3) after receiving a notice of a call for military force mobilization; |
| 2. | A person who responds to a call-up in place of a person who shall respond to the call-up under Article 26 (3) of the Act on Assignment to and Performance of Alternative Service after receiving a notice of the call-up of the service alternative to reserve forces. |
[This Article Wholly Amended on Dec. 31, 2019]
| Article 90-2 (Violation of Service Obligation by Persons Called for Service Alternative to Reserve Forces) |
If any of the following subparagraphs applies to a person called up for service alternative to reserve forces, he shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won, or by misdemeanor imprisonment or by a minor fine:
| 1. | Where he walks away from his post or deserted the place of service without good cause; |
| 2. | Where he obstructs another person's service or instigates another person to neglect service; |
| 3. | Where he participates in a systematic political campaign during his service; |
| 4. | Where he fails or delays the performance of alternative service without good cause. |
[This Article Added on Dec. 7, 2021]
| Article 91 (Issuance of False Certificates) |
Any public official, medical 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 liable for military service, shall be punished by imprisonment with labor for not less than one year, but not more than 10 years. In such cases, suspension of the qualification for not more than 10 years may be imposed concurrently.
[This Article Wholly Amended on Jun. 9, 2009]
| Article 91-2 (Issuance of False Certificates of Alternative Service) |
| (1) | A public official, doctor, attorney-at-law, religious person, etc. who issues a false certificate, medical certificate, written confirmation, or any other document or makes a false statement with intent to assign another person to alternative service shall be punished by imprisonment with labor for at least one year but up to 10 years. In such cases, suspension of qualifications for up to 10 years may be concurrently imposed. |
| (2) | A witness, expert witness, etc. who prepares a false document or makes a false statement with intent to assign another person to alternative service shall be punished by imprisonment with labor for at least one year but up to five years or by a fine not exceeding 30 million won. |
[This Article Added on Dec. 31, 2019]
| Article 92 (Violation of Assignment or Liability for Engagement of Expert Research Personnel) |
| (1) | Where an employer assigns or changes a job of, anyone who is a relative by blood within the fourth degree of relationship with the representative director of the military service-designated entity in or to such entity as expert research personnel or industrial technical personnel in violation of Article 38-2 and where an employer fails to get any expert research personnel or industrial technical personnel in mandatory service to work for the military service-designated entity in the relevant field in violation of Article 39 (3), such employer shall be punished by a fine of at least two million but not more than 20 million won. <Amended on May 29, 2016> |
| (2) | Where an employer or a person in charge of the affairs concerning national certification of skills or licensing commits any offense in connection with the adjustment to a lower priority in a call for military force mobilization or call for wartime labor under Article 67, he or she shall be punished by imprisonment with labor for not more than three years. |
| (3) | Where the head of a military service-designated entity commits a fraudulent act, such as receiving a request for a job for a certain person in his or her entity to be assigned to expert research personnel service or industrial technical personnel service under Article 36 and accordingly obtaining money or articles or acquiring financial gains in return, etc., he or she shall be punished by imprisonment with labor for not more than three years. <Amended on May 28, 2014; May 29, 2016> |
| (4) | Where a person, other than the head of a military service-designated entity, commits a fraudulent act, such as receiving a request to arrange a certain person to be employed at a military service-designated entity so that such person may be assigned to expert research personnel service or industrial technical personnel service under Article 36 and accordingly obtaining money or articles or acquiring financial gains in return, etc., he or she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on May 9, 2014; May 28, 2014; May 29, 2016> |
| (5) | A person who has offered money or articles or financial gains under paragraphs (3) and (4) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
| (6) | The money or articles or financial gains obtained as prescribed in paragraphs (3) and (4) shall be seized. Where such is not seizable, a corresponding value shall be collected instead. |
[This Article Wholly Amended on Jun. 9, 2009]
[Title Amended on May 29, 2016]
| Article 92-2 (Violation of Service Management by Service Institutions) |
Where the head of a public organization or the head of a social welfare facility (including the representative of a juristic person) orders social service personnel to engage in a field, other than that for the public good, he or she shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding 20 million won. <Amended on Jun. 4, 2013>
[This Article Added on Jun. 9, 2009]
| Article 93 (Violation of Prohibition against Employment and Guarantee of Reinstatement) |
| (1) | Where an employer hires as an executive or employee, any person who fails to fulfill the duty of military service, or fails to dismiss such person in office from his office, in violation of Article 76 (1) or (5), he or she shall be punished by imprisonment with labor for not more than six months, or by a fine of not less than two million won, but not more than 20 million won. <Amended on Feb. 8, 2017> |
| (2) | Where the head of a school or an employer refuses a reinstatement to school or resumption of office without good cause, in violation of Article 73 or 74 (1), he or she shall also be punished by the same penalty as prescribed in paragraph (1). |
| (3) | Where an employer fails to include the mandatory service period in the actual service period in violation of Article 74 (2) or (3), or treats unfavorably any person for the reason that he is obliged to perform, is currently performing (limited to those in onboard ship reserve service or supplementary service while holding their office), or performed military service, by conscription, call-up, etc., he or she shall be punished by a fine of not less than three million won, but not more than 30 million won. <Amended on Mar. 21, 2017> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 93-2 (Violation of Guarantee of Study or Jobs concerning Military Force Mobilization and Training) |
Where the heads of schools or employers put a student performing his duty at a disadvantage without good cause, in violation of Article 74-3 or 74-4, they shall be punished by imprisonment with labor for not more than two years or a fine of not more than 20 million won.
[This Article Added on Dec. 15, 2015]
| Article 94 (Violation of Duty to Obtain Permission for Overseas Travel) |
| (1) | Any person who has left the Republic of Korea or stays in a foreign country without obtaining permission prescribed in Article 70 (1) or (3) (including persons who have not returned home, in violation of an order to return to the Republic of Korea prescribed in Article 83 (2) 10) with a view to evading mandatory military service or being eligible for exemption from mandatory military service shall be punished by imprisonment with labor for not less than one year and not more than five years. |
| (2) | Any person who has left the Republic of Korea without obtaining permission prescribed in Article 70 (1) or (3), who stays in a foreign country, or who has not returned home within a permitted period without good cause (including persons who have not returned home, in violation of an order to return to the Republic of Korea prescribed in Article 83 (2) 10) shall be punished by imprisonment with labor for not more than three years. |
[This Article Wholly Amended on Jan. 19, 2016]
| Article 95 (Administrative Fines) |
| (1) | Where the head of a military service-designated entity (excluding an employer) managing the service of those who are assigned to expert research personnel service under Article 37 (1) 2 and 3 falls under any of the following, he or she shall be subject to an administrative fine not exceeding 20 million won: <Added on May 28, 2014; May 29, 2016> |
| 1. | Where he or she fails to require any expert research personnel in mandatory service to engage in the relevant field at the military service-designated entity, in violation of Article 39 (3); |
| 2. | Where he or she fails to make notification of any change in status under Article 40 without good cause or contains any false entry in such notification. |
| (2) | If the head of an agency of service harasses social service personnel in the agency of service in violation of Article 31-5, an administrative fine not exceeding 10 million won shall be imposed. <Added on Oct. 31, 2023> |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Oct. 31, 2023> |
| 1. | A person who violates Article 31-6 (2), (5), (6), (7), and (9); |
| 2. | A person who refuses to provide information without good cause in violation of Article 77-4 (2) or (3) or fails to notify changes by the deadline. |
| (4) | If an employer fails to comply with a request to furnish data or respond to a question under Article 81 (3) without good cause, he or she shall be subject to an administrative fine not exceeding three million won. <Amended on May 28, 2014; Mar. 21, 2017; Oct. 31, 2023> |
| (5) | Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree. <Added on Jan. 28, 2014; Mar. 21, 2017; Feb. 31, 2023; Oct. 31, 2023> |
| (6) | Where a person on whom an administrative fine has been imposed fails to pay an administrative fine without filing an objection as prescribed by the Act on the Regulation of Violations of Public Order, the Commissioner of the Military Manpower Administration shall entrust the head of the competent district tax office with the collection thereof. <Amended on May 28, 2014; Mar. 21, 2017; Oct. 31, 2023> |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 96 (Joint Penalty Provisions) |
Where an employer, the head of a military service-designated entity, or the head of a public organization or social welfare facility falls under any of the following subparagraphs in connection with the duties of the relevant legal entity, the legal entity shall be punished by a fine of at least three million won but not more than thirty million won in addition to the punishment of the violator: Provided , That where the legal entity has not been negligent in giving due attention and supervision concerning the relevant duties in order to prevent such violation, this shall not apply: <Amended on May 28, 2014; May 29, 2016>
| 1. | Where the employer or the head of the military service-designated entity violates Article 84 (1) 1, 92 (1) through (3), or 93; |
| 2. | Where the head of the public organization or social welfare facility violates Article 84 (1) 2 or 92-2. |
[This Article Wholly Amended on Jun. 9, 2009]
| Article 97 (Aggravation of Penalty in Wartime) |
With respect to persons who commit any offense prescribed by this Act, in the time of war or public disturbance, or in the event that an order for military force mobilization is issued, the penalties prescribed in the respective Articles shall be aggravated at least by one-half of the prescribed maximum penalty: Provided , That with regard to a person who has committed an offence prescribed in the main clause of Article 88 (1) in the time of war or public disturbance or in the event that an order for military force mobilization is issued, he shall be punished by imprisonment with labor for not more than seven years. <Amended on May 29, 2016>
[This Article Wholly Amended on Jun. 9, 2009]
ADDENDA <Act No. 4685, Dec. 31, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994: Provided , That a draft physical examination conducted in the residence under Article 11 and a call-up to public duty personnel service under Article 29 shall enter into force on January 1, 1995. In such cases, the draft physical examination to be conducted by December 31, 1994 shall be governed by the previous Article 11 (excluding paragraph (3)).
Article 2 (Repealed Acts)
| (1) | The Presidential Financial and Economy Emergency Order on Real Name Financial Transactions and Guarantee of Secrecy (hereinafter referred to as the "Emergency Order") shall be hereby repealed. |
| (2) | The Presidential Decree and the Ministerial Decree of National Defense which were enacted by the Special Case Regulation Act to be repealed under paragraph (1) and the previous Military Service Act shall continue in force until the Presidential Decree and the Ministerial Decree of National Defense under this Act are enacted, unless they are contrary to this Act. |
Article 3 (Transitional Measures concerning Supplementary Service)
Supplementary service subject to the previous provisions as at the time this Act enters into force shall be deemed supplementary service under this Act: Provided , That persons assigned to the second citizen service under Articles 4 (3) and 11 of the Addenda shall be excluded herefrom.
Article 4 (Transitional Measures concerning Issuance of Defense Call of Those in Supplementary Service)
| (1) | For those to be called for defense pursuant to the previous provisions as at the time this Act enters into force (including those who underwent a draft physical examination prior to December 31, 1993, and whose assignment for military service was changed to supplementary service from January 1, 1994 to December 31, 1994), such defense call shall be issued pursuant to the previous provisions by December 31, 1994, but those not called up by that time shall be called up as public duty personnel to serve for one year and six months: |
| (2) | Those to be enlisted for active duty service who reside in any vulnerable area, such as a coastal area, etc. where the penetration of an enemy or an armed communist guerrilla is anticipated, or an agrarian or fishing village, may be assigned to supplementary service pursuant to the previous provisions by December 31, 1994, to issue a defense call. |
| (3) | Where persons who have been called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons subject to a defense call or who are called for it under paragraph (1) or (2) fall under Article 62 (1) 1 or 65 (1) 3, they may be assigned to the second citizen service. |
| (4) | Matters concerning the reduction, exemption, etc. of military service of persons who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons subject to a defense call or persons who are called for it under paragraph (1) or (2), shall be governed by the previous Articles 55 (3), 57 (1) (excluding subparagraph 3), 58, 60, and Article 55 (2) of the Military Service Act in force before February 1, 1991 (limited to those who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and those who were called for defense and are in service under paragraph (1) or (2), who are born before December 31, 1972). |
| (5) | The service of persons who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons who were called for defense and are in service under paragraph (1) or (2), shall be governed by the previous provisions, but the number of days during which they are confined in a military detention facility shall be included in their service period. |
| (6) | The compensation and medical treatment for persons who were called for defense and are in service pursuant to the previous provisions as at the time this Act enters into force, and persons who were called for defense and are in service under paragraph (1) or (2), shall be governed by the previous Article 65 (1) and (2). |
| (7) | With respect to the age of exemption from duty of call-up for persons subject to a defense call under the previous provisions, but who evade the call without good cause, as at the time this Act enters into force, and persons who evade a defense call under paragraph (1) or (2) without good cause, the provisions of Article 71 (1) 1 shall apply |
Article 5 (Transitional Measures concerning Special Supplementary Service)
| (1) | Persons who were assigned to, and serve in, special supplementary service as research or skilled personnel pursuant to the previous Special Case Regulation Act as at the time this Act enters into force shall be deemed expert research personnel or industrial technical personnel under Article 36. |
| (2) | Notwithstanding the provisions of Article 36, those to be called for defense under Article 4 (1) of the Addenda may be assigned to expert research personnel service or industrial technical personnel service by December 31, 1994. |
| (3) | A defense call of persons who are serving as expert research personnel or industrial technical personnel as at the time this Act enters into force, or as expert research personnel or industrial technical personnel assigned under paragraph (2), but whose assignment is canceled by December 31, 1994, shall be governed by the provisions of Article 4 of the Addenda. |
| (4) | Any change of assignment, assignment to special supplementary service, enrollment on the military register of officers, etc. in reserve service, or service, of those to whom apply the provisions of Article 4, 5, 6, 7, 9 or 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157), as 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 of Postgraduate Schools, which was in force before April 1, 1990. |
| (5) | Notwithstanding the provisions of paragraph (4), the service period of art or athletic meritocrats referred to in paragraph (4), who have been or are assigned to special supplementary service, shall be the period of mandatory service of public duty personnel as prescribed in Article 26 (1)3. |
| (6) | Notwithstanding the provisions of paragraph (1) and Article 34, persons referred to in paragraph (4) who have been or are enrolled on the military register of officers in medical reserve service may serve as public health or international cooperative 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 Article 43 (3), 46 (2) or 51 (2) of the Military Service Act in force before April 1, 1990, they may be enlisted for active duty service, or called to public duty personnel service: |
| (8) | Where a person to whom the provisions of Article 11 (1) of the Addenda of the previous Special Case Regulation Act (Act No. 4157) apply falls under Articles 43 (3), 46 (2) or 51 (2) of the Military Service Act in force before April 1, 1990, he shall be enlisted for active duty service, or called for defense, under the said Military Service Act, but persons not subject to enlistment in active duty service on or after January 1, 1995 shall be called to public duty personnel service. In such cases, the call for defense shall be governed by the provisions of Article 4 of the Addenda. |
| (9) | Any person who has received military education under Article 16 of the previous Special Case Regulation Act as at the time this Act enters into force shall be deemed to have called for education under this Act. |
Article 6 (Transitional Measures concerning Those Subject to Call for Military Force Mobilization)
Those who were called for defense and are in service or have completed such service pursuant to the previous provisions, and those who were called for defense and are in service, or have completed such service under Article 4 (1) or (2) of the Addenda, as at the time this Act enters into force, shall be deemed those subject to a call for military force mobilization under this Act.
Article 7 (Transitional Measures concerning Persons Subject to Call for Military Education)
Any person falling under any of the following subparagraphs shall be deemed subject to be called for wartime labor or military education under Articles 53 and 55 (1): <Amended on Jan. 13, 1997>
| 1. | A person assigned to the second citizen service under Article 4 (3) of the Addenda; |
| 2. | A person assigned to the second citizen service under Article 11 of the Addenda; |
| 3. | A person exempted from a defense call under the previous 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 defense servicemen who are students attending a high school or higher and have received military education, as at the time this Act enters into force, shall be governed by the previous provisions.
Article 9 (Transitional Measures concerning Service Period of Officers in Medical, Judicial and Religious Services)
The service period of those enrolled on the military register of officers in active duty 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 active duty service in basic branches of the army, under the previous Article 50, as at the time this Act enters into force, shall be governed by the previous provisions.
Article 10 (Transitional Measures concerning Those Expunged from Military Register of Cadet Officers in Special Branches of Army)
A defense call of those expunged from the military register of cadet officers in special branches of the army, as at the time this Act enters into force, shall be governed by the provisions of Article 4 of the Addenda until December 31, 1994, notwithstanding the provisions of Article 58 (3).
Article 11 (Transitional Measures concerning Assignment of Those Assigned to Supplementary Service due to Family Reasons, to Second Citizen Service)
Those assigned to supplementary service and those in supplementary service who are exempted or released from a call for defense under the previous Article 54 (1) 1 or 57 (1) 3, as at the time this Act enters into force, shall be deemed to have been assigned to the second citizen service under Article 62 (1) 1 or 65 (1)3.
Article 12 (Transitional Measures concerning Reduction of Service Period due to Family Reasons)
The reduction of or exemption from military service for those who fall under the previous Article 54 (1) 2 or 3, shall be classified as follows:
| 1. | For persons born before December 31, 1972, the period of active duty service (including the service as prescribed in Articles 21, 24 and 25), or service as public duty personnel, may be reduced to six months, notwithstanding the provisions of Article 63 and previous Article 55 (2); |
| 2. | For persons born before December 31, 1974, the provisions of previous Articles 54 and 55 (2) shall apply, notwithstanding the provisions of Articles 62 (1) and 63 (2); |
| 3. | For persons transferred under Article 5 or 6 of the previous Special Case Regulation Act as 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 service of a defense call and those who are exempted from a defense call as at the time this Act enters into force, and those who have completed service of a defense call and those who are exempted from a defense call under Article 4 of the Addenda, shall be deemed subject to report overseas travel under this Act.
Article 14 (Transitional Measures concerning Deliberative Committee of Special Cases on Military Service)
The Committee for Deliberation on Special Cases of Military Service under Article 9 of the previous Special Case Regulation Act as at the time this Act enters into force shall remain in force until the Military Affairs Deliberative Committee under this Act is organized, and any act performed by this Committee until that time shall be deemed an act performed by the Military Affairs Deliberative Committee under this Act.
Article 15 (Transitional Measures concerning Administrative Dispositions, etc.)
Any disposition of military service taken by the Commissioner of the Military Manpower Administration, director of a regional military manpower office, etc., other acts by any administrative agency, various applications, or other acts in relation to administrative agencies, pursuant to the previous provisions or under the previous Special Case Regulation Act as at the time this Act enters into force, shall be deemed corresponding acts by or in relation to administrative agencies under this Act.
Article 16 (Transitional Measures concerning Penalty Provisions)
| (1) | Any offense in violation of the Military Service Act or the Special Case Regulation Act before this Act enters into force, shall be governed by the penalty provisions of the previous Military Service Act or the Special Case Regulation Act: |
| (2) | Notwithstanding the provisions of Article 88 (1), any act evading enlistment by a call for defense under Article 4 (1) or (2) of the Addenda, shall be governed by the previous penalty provisions. |
Article 17 Omitted.
Article 18 (Transitional Measures following Amendments to other Acts)
| (1) | Notwithstanding the amended provisions of Article 3 (3) of the Establishment of Riot Police Units Act, the previous provisions shall apply to persons to be called for defense until December 31, 1994. |
| (2) | Notwithstanding the amended provisions of Article 2 (1) of the Military Personnel Remuneration Act, the previous provisions shall apply to persons called for defense. |
| (3) | Notwithstanding the amended provisions of Articles 4 (1) 4 and 5 (5) of the Act on the Honorable Treatment of Persons of Distinguished Service to the State, the previous provisions shall apply to persons who are released or are to be released from a defense call, or persons called for defense. |
Article 19 (Relationship to Other Statutes or Regulations)
Where the provisions of the previous Military Service Act or the Special Case Regulation Act are cited or applied mutatis mutandis in other statutes or regulations as at the time this Act enters into force, if this Act includes provisions corresponding thereto, this Act or the corresponding provisions of this Act shall be deemed cited or applied mutatis mutandis in place of the previous provisions, respectively.
ADDENDA <Act No. 4840, Dec. 31, 1994>
| (2) | (Enforcement Date) This Act shall enter into force on 1/1/1995: |
| (2) | (Transitional Measures concerning Revocation of Assignment to Public Health Doctors) The revocation of assignment to, enlistment for active duty service of, or call-up to public duty personnel service of, public health doctors falling under Article 35 (1) 3 as at the time this Act enters into force, shall be governed by the previous provisions. |
| (3) | (Transitional Measures concerning Service Period of Public-Service Advocates) The service period of persons who were enrolled on the military register of cadet officers in special branches of the army in the field of judicial affairs prior to December 31, 1993, and who have been assigned to public-service advocates without being enrolled on the military register of officers in active duty service in the field of judicial affairs, shall be the same period as those who were enrolled on the military register of cadet officers in special branches of the army in the field of judicial affairs prior to December 31, 1993, and are enrolled on the military register of officers in active duty service in the field of judicial affairs. In such cases, the period of a call for military education prescribed in Article 55 (1) and the period of a call for education on duties prescribed by the Public-Service Judge Advocates Act, shall be included in the period of service. |
| (4) | (Transitional Measures concerning Service Period of Officers Having Completed Courses for Student Officer Candidates) The service period of officers or noncommissioned officers who have completed courses for student officer candidates as prescribed in Article 57 and who are in service, and those who are in the said courses, as at the time this Act enters into force, shall be governed by the previous provisions. |
| (5) | (Transitional Measures concerning Assignment of Officers to supplementary Service) Officers, warrant officers, or noncommissioned officers assigned to supplementary service pursuant to the previous provisions as at the time this Act enters into force, and whose assignment to supplementary service is not canceled under Article 66 (3) through (5), shall be deemed to have been enlisted as officers, warrant officers or noncommissioned officers in supplementary service under the amended provisions of Article 66 (1). This shall also apply to officers, warrant officers or noncommissioned officers assigned to supplementary service pursuant to the previous provisions and whose assignment to supplementary service is not canceled due to their deaths. |
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the enforcement date of the Presidential Decree on the Organization of the Ministry of Maritime Affairs and Fisheries and the Korea Coast Guard under the amended provisions of Article 41 within 30 days from the promulgation date of this Act.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Act No. 5161, Aug. 16, 1996>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Compensation) Any bereaved families of persons who have died while serving as public duty personnel as prescribed in Article 26 (1) 1, and persons assigned to the second citizen service or exempted from military service due to a wound or disease in the course of their duty before this Act enters into force and their families 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 (Applicability)
The amended provisions of Article 41 (4) shall apply firstly in cases where the cause for revocation of the assignment to service as technical research or skilled industrial personnel occurs.
Article 3 (Transitional Measures concerning 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 concerning Selection of Designated Enterprises)
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 Articles 2 (1) 6, 9, 10, 11 (1), and 69 shall enter into force on July 1, 1999.
Article 2 (Applicability)
| (1) | Any disposition taken to warn a person who has failed to follow a lawful order for service issued under Article 33 (1) shall apply to cases where the cause for warning accrues on or after January 1, 1999 and any person who falls under a cause for canceling his service as public duty personnel under the previous provisions of Article 33 (1) 4 before December 31, 1998 shall be governed by 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 were born on or after January 1, 1969. |
Article 3 (Transitional Measures concerning Call to Public Duty Personnel)
Public duty personnel under the previous provisions of Article 26 (1) 2 as at the time this Act enters into force shall be called up by December 31, 2000 and the call, service and release from the call-up, etc. shall be governed by the previous provisions.
Article 4 (Transitional Measures concerning Assignment of Medical Reserve Officers to Doctors Exclusively in Charge of Draft Physical Examination)
Persons to whom the provisions of Article 5 (4) and (6) of the Addenda to the amended Military Service Act (Act No. 4685) are applicable as at the time this Act enters into force, may be assigned to serve as doctors exclusively in charge of the draft physical examination, notwithstanding the amended provisions of Article 34.
Article 5 (Transitional Measures concerning Administrative Dispositions, etc.)
Military service dispositions taken by the Commissioner of the Military Manpower Administration and directors of regional military manpower offices, etc., acts performed by administrative agencies, various applications made, or acts performed in relation to administrative agencies pursuant to the previous provisions as at the time this Act enters into force shall be deemed acts performed by or in relation to corresponding administrative agencies under this Act, respectively.
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall govern any application of penalty provisions or administrative fines to any acts committed before this Act enters into force.
Article 7 Omitted.
Article 8 (Relationship to Other Statutes or Regulations)
Where any provision of the previous Military Service Act is cited or applied mutatis mutandis in other statutes or regulations as at the time this Act enters into force, the corresponding provision, if any, of this Act shall be deemed cited or applied mutatis mutandis in lieu of the previous provision.
ADDENDA <Act No. 5758, Feb. 5, 1999>
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: |
| (2) | (Transitional Measures concerning Administrative Dispositions) Any military service dispositions taken, orders issued, or other actions taken by the head of a military manpower branch office, or applications or reports made or actions taken in relation to the Commissioner of the Military Manpower Administration under the previous provisions as at the time this Act enters into force shall be deemed actions, etc. taken by or in relation to the director of a regional military manpower office, respectively. |
| (3) | (Transitional Measures on Penalty Provisions) The application of penalty provisions to acts taken before this Act enters into force shall be pursuant to the previous provisions. |
ADDENDA <Act No. 6287, Dec. 26, 2000>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: |
| (2) | Omitted. |
ADDENDA <Act No. 6290, Dec. 26, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
Articles 3 and 4 Omitted.
ADDENDA <Act No. 6502, Aug. 14, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 6547, Dec. 29, 2001>
This Act shall enter into force on July 1, 2002.
ADDENDUM <Act No. 6749, Dec. 5, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6809, Dec. 26, 2002>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 6972, Sep. 3, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided , That the amended provisions of Article 37 shall enter into force on the date of its promulgation and the amended provisions of Articles 18 (2), 19 (1), 30 (1), and 39 (1) shall enter into force on October 1, 2003.
Article 2 (Applicability concerning Physical Examination for Volunteers for Active Duty Service)
The amended provisions of Articles 11 (5), 12 (1) and (3), 13 (1), and 14 (1) shall apply to a physical examination for volunteers for active duty service conducted on or after the date this Act enters into force.
Article 3 (Applicability concerning Active Duty Servicemen Discharged from Military Service following Physical Examination for Service)
The amended provisions of Articles 17 and 58 (5) and (6) shall apply to any person who undergoes a physical examination conducted by the commanding officer of the military unit on or after the date this Act enters into force.
Article 4 (Applicability concerning Service Period of Active Duty Servicemen)
The service period or the mandatory service period of active duty servicemen, public duty personnel, expert research personnel and industrial technical personnel provided for in the amended provisions of Articles 18 (2), 19 (1), 30 (1), and 39 (1) shall apply to persons who are enlisted, called up or assigned on or after October 1, 2003.
Article 5 (Applicability concerning Assignment of Expert Research Personnel)
The amended provisions of Article 38-2 shall apply to persons who intend to be assigned, or change their role, to expert research personnel or industrial technical personnel on or after the date this Act enters into force.
Article 6 (Special Cases concerning Service Period of Active Duty Servicemen, etc.)
Efforts shall be made to reduce the period of service and the period of mandatory service of persons enlisted in, called up, or assigned to the military forces on or before September 30, 2003 in view of the amended provisions of Articles 18 (2), 19 (1), 30 (1), and 39 (1) and the supply and demand of military personnel, and the specific service period and mandatory service period so reduced for each time of enlistment of those in active duty service shall be determined by the Minister of National Defense while those of public duty personnel, expert research personnel and industrial technical personnel shall be determined by the Minister of National Defense at the request of the Commissioner of the Military Manpower Administration.
ADDENDA <Act No. 6997, Dec. 11, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided , That the following matters shall enter into force on the date under the following classification:
| 1. | …<omitted>… Article 4 of the Addenda (excluding paragraph (9)) … <omitted> … shall enter into force on the date the Presidential Decree on the organization of the National Emergency Management Agency enters into force in accordance with the amended provisions of Article 33 (6) within three months after this Act enters into force; |
| 2. | Omitted. |
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7272, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Mandatory Service Period of Expert Research Personnel)
The amended provisions of Article 39 (1) 1 shall apply to expert research personnel assigned on or after the date this Act enters into force.
Article 3 (Applicability to Notification of Changes in Status following Absence without Permission of Expert Research Personnel or Industrial Technical Personnel)
The amended provisions of subparagraph 2-2 of Article 40 and Article 41 (1) 1-2 shall apply to absence without permission of expert research personnel or industrial technical personnel made on or after the date this Act enters into force.
Article 4 (Applicability to Coordination of Ages Subject to Exemption from Liability for Enlistment for Persons who Restore their Nationality)
The amended provisions of Article 71 (1) 11 shall apply to persons who acquire nationality of the Republic of Korea after obtaining permission for restoring nationality on or after the date this Act enters into force.
Article 5 (Applicability to Dodgers of Enlistment)
The amended provisions of Article 88 (1) 1 shall apply to persons who receive an enlistment notice on or after the date this Act enters into force.
Article 6 (Transitional Measures concerning Mandatory Service Period of Expert Research Personnel Fulfilling their Mandatory Service)
The mandatory service period of expert research personnel assigned before this Act enters into force shall be reduced in view of the amended provisions of Article 39 (1)1. In such cases, such mandatory service period shall be reduced under conditions prescribed by the Minister of National Defense at the request of the Commissioner of the Military Manpower Administration.
Article 7 (Transitional Measures concerning Revocation of Disposition Taken to Exempt Military Service for Anyone who Obtains Permanent Resident Status with his Family Overseas)
The revocation of a disposition taken to exempt military service and the exemption or mitigation of a liability for enlistment in the armed services, etc. for anyone subject to a disposition taken to exempt him from military service pursuant to the previous provisions of Articles 64 (1) 2 and 65 (2) as at the time this Act enters into force shall be governed by the previous provisions on revocation of a disposition taken to exempt military service and the exemption or mitigation of a liability for enlistment.
ADDENDA <Act No. 7430, Mar. 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2005. |
| (2) | (Transitional Measures concerning Revocation of Call-up of Public Duty Personnel) Where an administrative fine is or has been imposed on any guarantor of public duty personnel, expert research personnel or industrial technical personnel pursuant to the previous provisions of Article 95 and paragraph (3) of the Addenda as at the time this Act enters into force, the revocation of the call-up or enlistment of such public duty personnel, expert research personnel or industrial technical personnel shall be governed by the previous provisions. |
| (3) | (Transitional Measures concerning Administrative Fines) The imposition or collection of an administrative fine on or from a guarantor who has obtained permission for overseas travel or permission for extending the overseas travel period pursuant to the previous provisions of Article 70 (1) or (3) before this Act enters into force shall be governed by the previous provisions: |
ADDENDA <Act No. 7541, May 31, 2005>
This Act shall enter into force on January 1, 2006.
| (2) | (Applicability to Preferential Treatment When Employed) The amended provisions of Article 74-2 shall apply starting with the employment test conducted for the first time after the enforcement of this Act by an institution implementing an employment protection. |
| (3) | (Transitional Measures concerning Warning Disposition) The warning dispositions taken under the previous provisions of Article 33 (1) prior to the enforcement of this Act shall be deemed the warning dispositions under the amended provisions of Article 33 (1) 1 through 4. |
ADDENDA <Act No. 7845, Jan. 2, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 7897, Mar. 24, 2006>
| (1) | (Enforcement Date) This Act shall enter into six months after the date of its promulgation. |
| (2) | (Applicability to Submission of Written Oath to Head of Designated Enterprise) The amended provisions of Article 36 (6) shall apply to the enlistment of technical research personnel, etc. in the designated enterprises on or after the enforcement date of this Act. |
ADDENDA <Act No. 7977, Sep. 22, 2006>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2007. |
| (2) | (Transitional Measures concerning Permission for Traveling Abroad) The persons who have a permission for traveling abroad or extending the period until after the age of 25 years pursuant to the previous provisions of Article 70 (1) and (3) before this Act enters into force shall be deemed to have obtained the permission for traveling abroad under the amended provisions of Article 70 (1) and (3). |
| (3) | (Transitional Measures concerning Penalty Provisions) The breaches of the duties under the permission for traveling abroad committed before this Act enters into force shall be governed by the previous provisions in applying penalty provisions. |
ADDENDUM <Act No. 8024, Oct. 4, 2006>
This Act shall enter into force on January 1, 2007.
ADDENDA <Act No. 8243, Jan. 19, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: |
| (2) | (Applicability to Follow-up Draft Physical Examination) The amended provisions of Article 14-2 shall apply to persons assigned to engage in active duty service or in supplementary service pursuant to Article 14 (1) on or after the date this Act enters into force. |
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8422, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8447, May 17, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: |
| (2) | (Transitional Measures concerning Exemption from Liability for Service) The amended provisions of Article 7 of the Addenda to the amended Military Service Act (Act No. 7272) shall not apply to persons exempted from the duty to take a draft physical examination, duty to enter military service as an active duty serviceman, or duty to comply with a call-up to public duty personnel service, among persons who were exempted from military service because they had obtained a permanent resident permit, etc. with their families from a foreign state, but such disposition of exemption of military service was revoked, as at the time this Act enters into force. |
ADDENDUM <Act No. 8549, Jul. 27, 2007>
This Act shall enter into force three months after the date of its promulgation: Provided , That the amended provisions of Articles 2 (1) 8-2, 21-2, 23-2, 55 (1), and 83 (1) 2-2 shall enter into force on January 1, 2008.
ADDENDA <Act No. 8749, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 8834, Dec. 31, 2007>
This Act shall enter into force one year after the date of its promulgation: Provided , That the amended provisions of the proviso of Article 31 (6) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided , That the amended part of an Act which was promulgated before this Act enters into force, but the date on which it enters into force has not yet arrived, among Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9620, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9754, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided , That the amended provisions of Articles 2 (1) 10, 20-3, and 26, proviso of Article 31 (5), and Articles 42 (3), 47 (3), 53 (1) 3, 55 (3), 65 (3), and 83 (1) 5 and (2) 3 shall enter into force on January 1, 2010.
Article 2 (Applicability to Revocation of Assignment of Expert Research Personnel)
The amended provisions of Article 41 concerning the revocation of assignment of and imposition of obligation on expert research personnel and industrial technical personnel shall apply to persons who violate such provisions on or after the date this Act enters into force.
Article 3 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to violations committed before this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9946, Jan. 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided , That the amended provisions of Articles 61 (1) and 65 (1), and the provisions, with the exception of the subparagraphs, of Article 71 (1) and (2) shall enter into force on January 1, 2011.
Article 2 (Applicability to Reduction of Service Period of Onboard Ship Reserve Personnel whose Assignment has been Canceled)
The amended provisions of Article 23-4 (3) shall also apply to persons enlisted as active duty servicemen or called up to public duty personnel because their assignment to onboard ship reserve service was canceled before this Act enters into force.
Article 3 (Applicability to Assignment to Supplementary Service or Second Citizen Service due to Race or Skin Color)
Article 4 (Applicability to Change of Military Service Disposition following Enhancement of National Prestige)
The amended provisions of Articles 42 (3) and 65 (9) shall also apply to persons who have promoted culture and enhanced national prestige, as prescribed by Presidential Decree, before this Act enters into force.
Article 5 (Applicability to Adjustment of Ages Exempted from Liability for Enlistment)
| (1) | The amended provisions of Article 71 (1) 1-2 shall apply to persons assigned to onboard ship reserve service on or after the date this Act enters into force. |
| (2) | The amended provisions of Article 71 (1) 12 shall apply to persons who initiate administrative litigations on or after the date this Act enters into force. |
Article 6 (Transitional Measures concerning Reduction of or Exemption from Liability for Enlistment)
Notwithstanding the amended provisions of Article 71, the previous provisions shall apply to persons born before December 31, 1979.
ADDENDA <Act No. 9955, Jan. 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into six months after the date of its promulgation. |
| (2) | Omitted. |
| ③ | 생략 병역법 일부를 다음과 같이 개정한다. |
제2조제1항제15호, 제35조의3제1항제2호부터 제4호까지 및 제4항 본문 중 "「공익수의사에 관한 법률」"을 각각 "「공중방역수의사에 관한 법률」"로 한다.
제2조제1항제15호, 제5조제1항제3호, 제34조의7의 제목, 같은 조 제1항 각 호 외의 부분 전단ㆍ제2항ㆍ제3항 전단ㆍ제4항, 제35조의3의 제목, 같은 조 제1항 각 호 외의 부분 및 같은 항 제3호ㆍ제4호, 같은 조 제2항ㆍ제3항ㆍ제4항 본문, 제71조제1항제3호, 제73조제1항 전단, 제74조의2제1항, 제83조제1항제5호 및 제89조의2제4호 중 "공익수의사"를 각각 "공중방역수의사"로 한다.
ADDENDA <Act No. 10703, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10704, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. Provided That the amended provisions of Article 2 (1) 1 and 2 and 4, 3 (1), 8, and 9 (1) and (2) shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Concerning Determination of Physical Grade VII)
The amended provisions of Article 12 (3) shall apply from a person who has been determined at physical grade VII for the first time on the date from Jan. 01, 2012.
Articles 3 (Applicability to concerning Violation of Service Obligation by Public Duty Personnel)
The amended provisions of Article 89-3 (2) shall apply from a warning such as being present later than daily start working time, early leaving from work without notice, or deserted from work place without good cause for the first time after the date of enforcement of this Act.
ADDENDA <Act No. 10814, Jul. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Public Health Doctors)
| (1) | The amended provisions of Articles 33 (3) (5), 35 (3), 35-2 (3), and 35-3 (2) shall apply for public duty personnel, public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public service advocate and public quarantine veterinarian whose calling-up and assignment have been canceled pursuant to the previous provisions prior to the enforcement of this Act. |
| (2) | At the time of enforcement of this Act, among persons of public duty personnel, public health doctor, doctor exclusively in charge of the draft physical examination, international cooperative doctor, public service advocate and public quarantine veterinarian whose calling-up and assignment have been canceled and serve as active duty service or are called to public duty personnel, persons who are working in excess of the remaining service period pursuant to the amended provisions of Articles 33 (3) (5), 35 (3), 35-2 (3), and 35-3 (2) are deemed to be discharged or released from the call on the date of enforcement of this Act. |
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided , That ... <omitted> ... Article 3 of Addenda shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Act No. 11042, Sep. 15, 2011>
ADDENDA <Act No. 11093, Nov. 22, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into on the date of its promulgation. |
| (2) | Omitted. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided , That the amended provisions of Articles 3, 23-4 (3), 32 (2) (excluding the portion of social service personnel), 36 (5) with the exception of the subparagraphs thereof, 38 (1) 4 and 5, 40, 41 (1) 3 and (4), 50 (5), 60, and 61, subparagraph 2 of Article 68, Article 70, the main clause of Article 71 (1) with the exception of the subparagraphs thereof (only applicable to the portions of a follow-up draft physical examination and a physical examination for confirmation), Article 71 (1) 1 and 6, and Articles 73 (3), 75 (3), 76 (1) 1, 82, 83 (2) 2, 5, and 9 and (3), and 87 (1) and (3) shall enter into force on the date of its promulgation; and the amended provisions of Article 37 (1) 2 and 3 and (2), the latter part of Article 39 (1) with the exception of the subparagraphs thereof, and Article 77-3 shall enter into force on January 1, 2014.
Article 2 (Applicability to Shortening of Service Period for Onboard Ship Reserve Service, etc.)
The amended provisions of Articles 23-4 (3) and 41 (4) shall also apply to those who are serving as active duty servicemen or social service personnel after their assignment to onboard ship reserve service, expert research personnel service, or industrial technical personnel service was canceled before enforcement of the said amended provisions.
Article 3 (Applicability to Revocation of Assignment to Art and Sports Personnel Service)
The amended provisions of Article 33-10 (3) 4 and 5 shall apply to offenses that are committed on or after the date this Act enters into force.
Article 4 (Applicability to Health Insurance Premium Reimbursement)
The amended provisions of Article 77-3 shall also apply to full-time reserve service and public duty personnel who are serving after having been called up before this Act enters into force.
Article 5 (Transitional Measures concerning Public Duty Personnel)
| (1) | Public duty personnel who are called up or in service for duties referred to in the previous provisions of Article 26 (1) 1 or 2 as at the time this Act enters into force shall be deemed called up or in service as social service personnel pursuant to the said provisions. |
| (2) | Public duty personnel who are called up or in service for duties referred to in the previous provisions of Article 26 (1) 3 or 4 as at the time this Act enters into force shall be deemed assigned or in mandatory service as international cooperation service personnel or art and sports personnel pursuant to the amended provisions of Articles 33-3 and 33-7. |
Article 6 (Transitional Measures concerning Mandatory Service Period of Expert Research Personnel)
With respect to inclusion in the mandatory service period of a period of study required for persons assigned to expert research personnel service to take a doctor’s degree pursuant to the previous provisions of subparagraph 2 or 3 of Article 37 before this Act enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 39.
Article 7 Omitted.
ADDENDUM <Act No. 12560, May 9, 2014>
This Act shall enter into force three months after the date of its promulgation: Provided , That the amended provisions of the proviso of Article 64 (1) and Articles 75-3 and 83 (3) through (7) shall enter into force on the date of its promulgation and the amended provisions of Articles 73 (4) and 80-2 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12684, May 28, 2014>
This Act shall enter into force on the date of its promulgation: Provided , That the amended provisions of Articles 79 and 95 shall enter into force one month after the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided , That among the Acts amended by Article 6 of the Addenda, the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12906, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Volunteer Activities Utilizing Specialty During Period of Mandatory Service of Art and Sports Personnel )
The amended provisions of Article 33-2 shall apply from the first person who obtains research grants after this Act enters into force.
Article 3 (Applicability to Disclosure of Personal Information of Persons Who Evade Mandatory Military Service)
The amended provisions of Article 81-2 shall apply, beginning with the first person who evades a mandatory military service after this Act enters into force.
ADDENDA <Act No. 13425, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13566, Dec. 15, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided , That the amended provisions of Articles 43, 75 (6) 2 and 77-4 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Compensation and Medical Treatment)
The amended provisions of Articles 75 and 75-2 shall apply, beginning with a person who is conscripted or called, or is called to military force mobilization as at the time when this Act enters into force.
Article 3 (Transitional Measures concerning Penalty Provisions)
When penalty provisions apply to any violation committed before this Act enters into force, the former provisions shall apply thereto.
ADDENDA <Act No. 13778, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided , That the amended provisions of Articles 17, 58 and 94 shall enter into force three months after the date of its promulgation, Articles 14, 33, 33-7 (1), 33-10, 42 (3), 49, 64, 65 (1) and (10), and 77-5 shall enter into force six months after the date of its promulgation, and the amended provisions of Article 43 (2) of the partially amended Military Service Act (Act No. 13566) shall enter into force on June 16, 2016.
Article 2 (Applicability to Adjustment of Period for Military Service of Persons Assigned to Art and Sports Personnel)
The amended provisions of Article 42 (3) shall also apply to persons who are engaging in the military service after they are assigned to art and sports personnel as at the time this Act enters into force.
Article 3 (Applicability to Call for Military Force Mobilization Training regarding Promotion to Reserve Service)
The amended provisions of Article 49 (2) shall apply, beginning with the first person who is called to military force mobilization training after this Act enters into force.
Article 4 (Applicability to Violation of Duty to Obtain Permission for Overseas Travel)
The amended provisions of Article 94 shall apply, beginning with the first offence committed after this Act enters into force.
Article 5 (Transitional Measures concerning International Cooperation Service Personnel or International Cooperative Doctors)
The service, etc. of persons who serve as the international cooperation service personnel or international cooperative doctors as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 14170, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided , That the amended provisions of Article 18 (4) 3, Article 18 (6), and Article 19 (1) 2 shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Redemption of Travel Expenses)
The amended provisions of Article 79 (3) and (4) shall apply, beginning with a person who receives expenses prescribed in subparagraphs of Article 79 (1) after this Act enters into force.
Article 3 (Transitional Measures concerning Change of Terms of Preliminary Military Service)
| (1) | Any disposition entered in the left column of the next table governed by the previous provisions before this Act enters into force shall be deemed a disposition entered in the right column of the next table pursuant to this Act, respectively. |
| (2) | A doctor specializing in the draft physical examination and a doctor exclusively in charge of the draft physical examination governed by the previous provisions as at the time when this Act enters into force shall be deemed a doctor specializing the draft physical examination and a doctor exclusively in charge of the draft physical examination pursuant to this Act.
|
Article 4 (Transitional Measures concerning Service Period of Industrial Technical Personnel)
Persons called up as social service personnel before this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of the proviso of Article 39 (1) 2.
Article 5 Omitted.
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 14555, Feb. 8, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14611, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Revocation of Assignment to Art and Sports Personnel Service)
The amended provisions of Article 33-10 (4) 6 shall apply to violations committed after this Act enters into force.
Article 3 (Applicability to Extension of Term of Military Service of Doctors Exclusively in Charge of Draft Physical Examination)
The amended provisions of Article 34-4 (1) and (2) shall apply to doctors exclusively in charge of the draft physical examination engaging in any work other than the work of physical examination after this Act enters into force.
Article 4 (Applicability to Change of Military Service Following Changes in Educational Background of Persons in Supplementary Service)
The amended provisions of Article 65 (10) shall apply where a person in supplementary service to be called to social service has a change in his educational background, such as where he is recognized as having educational background equivalent to graduation from a school pursuant to Article 2 of the Elementary and Secondary Education Act, after this Act enters into force.
Article 5 (Applicability to Expenses Incurred in Issuing Supplementary Documents, such as Medical and Operating Records)
The amended provisions of Article 79 (1) 1 shall apply where supplementary documents, such as medical and operating records required in process of physical examinations, are issued and submitted after this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation; provided,, among the Acts amended pursuant to Article 5 of the Addenda, the amendments to the Acts, which were promulgated before this Act enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement dates of the respective Acts. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15054, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting to National Assembly)
The amended provisions of Article 19 (4) shall begin to apply from the first case where the Minister of Defense desires to adjust the period of active duty service after this Act enters into force.
ADDENDA <Act No. 15270, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2019. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 16279, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 16356, Apr. 23, 2019>
This Act shall enter into force three months after the date of its promulgation: Provided , That the amended provisions of Article 77-4 (1) shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16852, Dec. 31, 2019>
This Act shall enter into force on January 1, 2020
ADDENDA <Act No. 16928, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 17163, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 17166, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided , That the amended provisions of Articles 23-2 (3) and (4), 23-5, and 23-6 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Service Period of Active Duty Servicemen of the Air Force)
The service period of active duty servicemen of the Air Force under the amended provisions of Article 18 (2) 3 shall begin to apply to persons enlisted after the date this Act enters into force.
Article 3 (Special Cases concerning Service Period of Active Duty Servicemen of the Air Force in Service)
The service period of active duty servicemen of the Air Force enlisted before this Act enters into force shall be reduced in consideration of the amended provisions of Article 18 (2) 3, the circumstances of supply and demand of military force, etc., and the specific period of reduction by enlistment period shall be as determined by the Minister of National Defense.
ADDENDA <Act No. 17278, May 19, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 17580, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 17684, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided , That the amended provisions of Articles 14-3, 17, 23-4, 41, 56, 60, 79, and 87 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Enlistment Examinations)
The amended provisions of Articles 14-3 and 17 shall begin to apply to persons who receive a notice of enlistment examination after this Act enters into force.
Article 3 (Applicability to Extension of Period of Delay of Discharge)
The amended provisions of Article 18 (5) shall also apply to active duty servicemen whose discharge from active service is delayed due to a war wound or a wound or disease in the course of performing his duty as at the time this Act enters into force.
Article 4 (Applicability to Noncommissioned Officers in Fixed Term Position)
The amended provisions of Article 20-2 (1) shall also apply to persons selected as salaried volunteer servicemen (including salaried volunteer servicemen in service) before this Act enters into force.
Article 5 (Applicability to Revocation of Assignment to Onboard Ship Reserve Service, Expert Research Personnel Service, and Industrial Technical Personnel Service, and Imposition of Duties)
The amended provisions of Articles 23-4 and 41 shall apply to persons whose assignment to onboard ship reserve service, expert research personnel service, or industrial technical personnel service is canceled after this Act enters into force.
Article 6 (Applicability to Provision of Criminal History Records)
The amended provision of Article 29 (4) shall begin to apply to social service personnel called to a service agency after this Act enters into force.
Article 7 (Applicability to Revocation of Postponement of Conscription or Call-Up)
The amended provisions of Article 60 (4) shall begin to apply to outstanding persons in the field of sports and popular culture and arts, whose conscription or call-up is postponed after this Act enters into force.
Article 8 (Transitional Measures concerning Physical Examination for Enlistment)
The previous provisions of Articles 17 and 56 (1) shall apply where the commanding officer of a military unit conducts a physical examination for enlistment pursuant to the amended provisions of Article 14-3 (7).
Article 9 Omitted
ADDENDA <Act No. 18003, Apr. 13, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided , That the amended provisions of Articles 2 (1), 23 (4), 33-10 (4), 33-11, and 41 (2) shall enter into force on the date of its promulgation, and the amended provisions of Article 61 (3) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Notification of Investigation of Social Service Personnel)
The amended provisions of Article 32-2 shall begin to apply where an investigative agency commences investigations of social service personnel after this Act enters into force.
Article 3 (Applicability to Prohibition of Re-Assignment to Art and Sports Personnel Service)
The amended provisions of the latter part, with the exception of the subparagraphs, of Article 33-10 (4) shall begin to apply to persons whose assignment to art and sports personnel service is canceled after the enforcement date under the proviso of Article 1 of the Addenda.
Article 4 (Applicability to Obtaining of Doctorate of Expert Research Personnel)
The amended provisions of Article 37 (3) through (5) and 39 (3) 2, and subparagraph 7 (b) and (c) of Article 40 shall begin to apply to persons assigned to expert research personnel service on or after January 1, 2023.
Article 5 (Applicability to Extension of Service Period of Expert Research Personnel)
The amended provisions of the proviso, with the exception of the subparagraphs, of Article 41 (2) and subparagraph 3 of that paragraph shall begin to apply where expert research personnel or industrial technical personnel absent themselves from the office without notice after the enforcement date under the proviso of Article 1 of the Addenda.
Article 6 (Applicability to Postponement of Authority)
The amended provisions of Article 61 (3) 3 shall begin to apply to persons who commit a criminal act subject to imprisonment without labor or heavier punishment after this Act enters into force.
Article 7 (Applicability to Disclosure of Results of Draft Physical Examination)
The amended provisions of Article 77-6 shall begin to apply to the year following the year in which the enforcement date of this Act falls.
Article 8 (Applicability to Support for Installment Savings)
| (1) | Financial support under the amended provisions of Article 79-2 shall also apply to persons who open an account of the installment savings for future-preparation of military personnel as at the time this Act enters into force. |
| (2) | The financial support under the amended provisions of Article 79-2 for persons who open an account of the installment savings for future-preparation of military personnel as at the time this Act enters into force shall begin to apply to the date of opening the account. |
Article 9 (Special Cases concerning Starting Point of Counting Revocation of Assignment of Art and Sports Personnel)
Notwithstanding the amended provisions of Article 33-10 (4) 7, for a member of art and sports personnel whose mandatory service period shall be extended as failing to complete voluntary work utilizing his special skills within one year from the enforcement date under the proviso of Article 1 of the Addenda pursuant to the previous Article 33-10 (3), his admission to art and sports personnel service shall be canceled if he fails to complete public interest service within one year from the enforcement date under the proviso of Article 1 of the Addenda.
Article 10 (Transitional Measures concerning Designation of Specialist Training Institutions)
An institution designated as a specialist training institution by the Minister of National Defense before this Act enters into force shall be deemed designated as a specialist training institution pursuant to the amended provisions of Article 20-3.
Article 11 (Transitional Measures concerning Public Interest Service of Art and Sports Personnel)
Voluntary work conducted by art and sports personnel pursuant to the previous provisions before this Act enters into force shall be deemed public interest service performed under the amended provisions of Article 33-8 (5).
ADDENDA <Act No. 18540, Dec. 7, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided , That the amended provisions of proviso of Article 49 (1) and of the proviso of Article 50 (1) shall enter into force three months after the date of its promulgation; and the amended provisions of Article 31-3 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Divided Service of Social Service Personnel)
The amended provisions of Article 31-3 (2) shall begin to apply where a social service personnel suspends his service for treating his disease after this Act enters into force.
ADDENDUM <Act No. 18681, Jan. 4, 2022>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 18682, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Act No. 19081, Mar. 13, 2022>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 19477, Jun. 20, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Postponement of Date for Fulfillment of Duty of Persons Appointed by Election under the Public Official Election Act)
The amended provisions of Article 61 (1) shall also apply to persons who have taken office and are in office by the election of the National Assembly members, local council members, and the heads of local governments under Article 2 of the Public Official Election Act as at the time this Act enters into force.
Article 3 (Applicability to Medical Treatment at the State's Expense)
| (1) | The amended provisions of Article 75 (6) 1 shall apply to persons who need medical treatment due to reasons directly caused by a draft physical examination, etc. after the date this Act enters into force. |
| (2) | The amended provisions of Article 75 (6) 4 shall begin to apply to persons who are injured while moving to a designated place in response to a draft physical examination, etc. or while returning home after such examination, etc. after the date this Act enters into force. |
ADDENDA <Act No. 19584, Aug. 8, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Imposition of Duties on Art and Sports Personnel, Expert Research Personnel and Industrial Technical Personnel whose Assignment has been Canceled)
The amended provisions of Articles 33-10 (5) and 41 (3) shall apply to persons whose assignment as art and sports personnel, expert research personnel, or industrial technical personnel is canceled after the date this Act enters into force.
ADDENDA <Act No. 19791, Oct. 31, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided , That the amended provisions of Articles 32-3, 33 (2) 2, 33-10 (2) 2, and 33-10 (6) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Measures for Harassment in the Agency of Service)
The amended provisions of Articles 31-5, 31-6, 95 (2), and 95 (3) 1 shall begin to apply to the occurrence of harassment in the agency of service after this Act enters into force.
Article 3 (Applicability to Prohibition of Political Activities by Social Service Personnel)
The amended provisions of Articles 32-3, 33 (2) 2, 33-10 (2) 2, and 33-10 (6) shall begin to apply to cases where social service personnel or art and sports personnel violate the prohibition of political activities after the enforcement pursuant to Article 1 of the Addenda.
Article 4 (Applicability to Violation of Prohibition of Posting and Distributing Information Related to Evasion of the Duty of Military Service and Reduction of or Exemption from the Duty of Military Service)
The amended provisions of Articles 81-3 and 87-2 shall begin to apply to violations of the prohibition of posting and distributing relevant information, such as evasion of duty of the military service and reduction of or exemption from the duty of military service, etc. after this Act enters into force.
ADDENDA <Act No. 19950, Jan. 9, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided , That the amended provisions of Article 29 (4) and (5) shall enter into force three months after the date of the promulgation.
Article 2 (Applicability to Enlistment Examinations)
The amended provisions of Articles 14-3 (1) and (7) and 20 (1) shall begin to apply to persons who receive a notice of enlistment for active duty service or a call for military education under Article 14-3 (1) and (7) or who volunteer to serve in the military pursuant to Article 20 (1) after this Act enters into force.
Article 3 (Applicability to Provision of Information on Crimes by Social Service Personnel)
The amended provisions of Article 29 (4) 5 shall begin to apply to cases where a person is sentenced to punishment after the same amended provisions enter into force.
Article 2 (Applicability to Notification of Commencement of Investigation of Social Service Personnel)
Notification of commencement and completion of Investigation under Article 32-2 provided pursuant to the amended provisions of Article 29 (4) 5 shall begin to apply from the time an investigation agency commences an investigation of social service personnel after the same amended provisions enter into force.
Article 2 (Applicability to Revocation of Assignment to Art and Sports Personnel Service)
The amended provisions of Article 33-10 (5) shall begin to apply to cases where art and sports personnel fall under any subparagraph of Article 33-10 (4) after this Act enters into force.
병역법 시행령
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CHAPTER Ⅰ GENERAL PROVISIONS
| Article 1 (Purpose) |
The purpose of this Decree is to prescribe matters delegated by the Military Service Act (hereinafter referred to as the “Act”) and other matters necessary for the enforcement thereof.
| Article 2 (Administration of Military Register) |
| (1) | The military status of persons under obligation to serve in the military as provided in the provisions of Article 5 (3) of the Act shall be administered in accordance with the following classifications: <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17361, Sep. 15, 2001; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18133, Nov. 20, 2003; Presidential Decree No. 18390, May 24, 2004> |
| 1. | Persons enlisted in the military service through conscription, call-up, or application, and persons called up to serve as full-time reserves: The Chief of General Staff of each of the three services; |
| 2. | Persons who serve as correctional facility guards, obligatory fire-fighting unit members, or riot police officers by secondment: The Minister of Justice, the Administrator of the National Emergency Management Agency, the Commissioner General of the National Police Agency, or the chief Superintendent General of the National Maritime Police Agency; and |
| 3. | Persons in the first and second militia service, the reserve service, and the recruit service: The director of the regional military man power office in the places of residence of persons under obligation to serve in the military (hereinafter referred to as the “director of the regional military manpower office”) or the head of the regional military manpower branch office in the places of residence of persons under obligation to serve in the military (hereinafter referred to as the “head of the regional military manpower branch office”). |
| (2) | In the case of persons whose residence registrations are cancelled due to their overseas residence or their failures to comply with the duty to report their residence registrations, the residence at the time of the cancellation shall be considered as the residence in the administration of the military register. In the case of persons who do not have residence registrations, and persons who fall under the main sentence of Article 16 (3) of the Act, their legal domiciles and their residences at the time of the draft physical, respectively, shall be considered as the residence in the administration of the military register. |
| (3) | Where a head of a military administration agency under paragraph (1) intends to transfer the military register as an agency which administers the military register of a person who is under obligation to serve in the military changes due to reasons of enlistment, transfer from active to reserve service, cancellation of call-up, or change of residence, etc., the head of such agency shall forward a record of his military register (in a case of transfer from active to reserve service or cancellation of call-up, a personnel order document is included) to the pertinent military administration agency without delay. |
| (4) | Necessary matters for the administration of the military service record table of a person who has completed his service in the second militia service, the reserve, the recruit or the obligatory military service, the person who has been discharged from the military service, and the person who is exempt from the military service, shall be determined by the Administrator of the Military Manpower Administration. |
| Article 3 (Report and Application Procedure, etc. with regard to Military Service) |
| (1) | A report or an application of the military service shall be made in writing (including the electronic documents; hereinafter the same shall apply): |
| (2) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | Deleted. <by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | In a case where a person under obligation to serve in the military cannot report or apply in person with regard to the military service due to such grounds as an illness or other unavoidable circumstances, the head of his family, a legal adult from among the family members, or the recipient of the notice as prescribed in the provisions of Article 4, shall be made to serve as his proxy to report or apply. |
| (5) | Deleted. <by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 3-2 (Delivery, etc. of Notice on Imposition of Military Service Obligation) |
| (1) | When the director of the regional military manpower office or the head of the regional military manpower branch office has delivered a notice on the imposition of military service obligation (hereinafter referred to as the “notice on imposition of military service”) to a person under obligation to serve in the military pursuant to the provisions of Article 6 (1) of the Act, he shall receive a certificate for its receipt: |
| (2) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | In preparing the notice of imposition of military service under Article 6 (1) of the Act, the director of the regional military manpower office or the head of the regional military manpower branch office may affix his printed seal in lieu of his official seal. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003> |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 4 (Selection of Recipient of Notice) |
| (1) | Any person who has selected or changed the recipient of the notice as provided in the provisions of Article 6 (2) of the Act shall submit a document of the selection of the recipient of notice or make a report of the change in the recipient of notice (including any report compiled in the form of an e-document) to the director of the regional military manpower office or the Administrator of the Military Manpower Administration. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003; Presidential Decree No. 18312, Mar. 17, 2004> |
| (2) | The recipient of notice as provided in the provisions of paragraph (1) shall be an adult of a different household who can deliver the notice from the director of regional military manpower office or the head of the regional military manpower branch office to the person who is under obligation to serve in the military. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003> |
| Article 5 (Certificate of Military Service or Certificate of Transfer from Active Service to Reserve) |
| (1) | The director of the regional military manpower office shall grant a certificate of the military service, with regard to the person who has been imposed with the military service, after undergoing a draft physical (including the person who has been imposed with the military service, without having undergone a draft physical as provided in Article 64 (1) of the Act). |
| (2) | Commanding officer shall grant a certificate with regard to the person who has been discharged from the military service. |
| (3) | In a case where the certificate of the military service, or the certificate of transfer from active service to the reserve is lost or is made unuseable, the director of the regional military manpower office may reissue the certificate in accordance with the application by the person in question. |
| (4) | Deleted. <by Presidential Decree No. 16668, Dec. 31, 1999> |
CHAPTER Ⅱ ENLISTMENT IN THE FIRST MILITIA SERVICE
| Article 6 Deleted.<by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 7 (Survey of Persons Under Obligation for First Militia Service) |
| (1) | The Minister of Government Administration and Home Affairs shall furnish e-data on resident registrations of persons who will turn 18 years old next year to the Administrator of the Military Manpower Administration on or by 30 June every year under the provisions of Article 9 of the Act and the Administrator of the Military Manpower Administration in turn shall send the e-data on resident registrations to the regional military manpower office or regional military manpower branch office concerned. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003; Presidential Decree No. 18273, Feb. 9, 2004> |
| (2) | The director of the regional military manpower office (including the head of the regional military manpower branch office; hereafter in this Article, the same shall be applied) shall, upon receiving the e-data on resident registrations referred to in paragraph (1), manage persons who will turn 18 years old next year as those to be enlisted in the first military service. <Amended by Presidential Decree No. 18273, Feb. 9, 2004> |
| (3) | With regard to persons who have not been entered in the resident registration cards on the grounds that they have been born abroad, the |
director of the regional military manpower office shall manage them under obligation for the first militia service after confirming the relation of facts, etc. through seeking cooperation from relevant agencies and examining applications for permitting foreign travels under the provisions of Article 145.
| (4) | The Administrator of the Military Manpower Administration, after consultations with the Minister of Government Administration and Home Affairs, shall determine the scope of electronic data and the methods of furnishing such data, etc., necessary for the imposition of compulsory military service. |
[This Article Wholly Amended by Presidential Decree No. 16149, Mar. 3, 1999]
CHAPTER Ⅲ DRAFT PHYSICAL
| Article 8 (Survey of Persons Subject to Draft Physical) |
| (1) | The director of the regional military manpower office shall survey matters necessary for the draft physical in the following year of persons under obligation for the first militia service by September 15 every year, and arrange its results by making computerized input in the file of persons under obligation for the first militia service, and then prepare and manage the list of persons subject to the draft physical. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| (2) | The director of the regional military manpower office, when he completes the survey of persons subject to the draft physical under paragraph (1), shall file a list of persons subject to the draft physical with the Administrator of the Military Manpower Administration, not later than September 30. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (3) | Deleted. <by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | Deleted. <by Presidential Decree No. 17159, Mar. 27, 2001> |
| Article 9 (Service of Notice of Draft Physical, etc.) |
| (1) | The director of the regional military manpower office shall serve by post the notices of draft physical for persons subject to the draft physical (including the physical examination conducted at the central physical examination agency or military hospitals under Article 11 (1); hereinafter the same shall apply) on the principal not later than 20 days before the date of the draft physical, or directly deliver them. <Amended by Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| (2) | Notwithstanding the provisions of paragraph (1), the period for service of the notice may be shortened for a person falling under any of the following subparagraphs: <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| 1. | A person who is obliged to undergo the draft physical after the reasons for the postponement of his draft physical and for the postponement of the day he is set to take the draft physical cease to exist; |
| 2. | A person whose date of enlistment has been postponed due to an illness or physical and mental trouble, or a person who has flunked the draft physical but is still under obligation to undergo the second draft physical; |
| 3. | A person who has filed an application for a prior draft physical; |
| 4. | A person, a draft dodger, who is presently obliged to undergo the draft physical; and |
| 5. | A person who is obliged to undergo the draft physical after his age has been corrected and his new resident registration has been made. |
[This Article Wholly Amended by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 10 (Notification of Needed Number of Military Personnel) |
| (1) | The Chief of General Staff of each of the three services shall notify the Administrator of the Military Manpower Administration of the number of required persons by aptitude who are to be drafted into active service two years later by October 31 every year. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (2) | Upon receiving the notice as provided in the provisions of paragraph (1), the Administrator of the Military Manpower Administration shall determine the standard of enlistment in the active service and the recruit service in the following year and distribute the active service personnel to each |
| (3) | In determining standards for enlistment in the active service and the recruit service as prescribed in the provisions of paragraph (2), the Administrator of the Military Manpower Administration shall notify the Chief of General Staff of each armed force of the standards by December 31 of every year. |
| Article 11 (Installation of Draft Physical Center, etc.) |
| (1) | For the purpose of conducting the draft physical under Article 11 of the Act, the Administrator of the Military Manpower Administration shall establish and operate an agency dealing with the physical examination (hereinafter referred to as the “central physical examination agency”) at the Military Manpower Administration, and the director of the regional military manpower office shall set up and operate a draft physical center at the military manpower office every year: |
| (2) | When the director of the regional military manpower office seeks to install and operate a draft physical center, he shall make a public announcement of persons subject to the draft physical, the period and location of the installation of the center and other necessary matters: |
| (3) | The head of the agency where a draft physical center is installed under the proviso of paragraph (1) shall provide furnishings necessary for the operation of the draft physical center and provide necessary cooperation for the execution of miscellaneous tasks of the draft physical. |
| (4) | The Administrator of the Military Manpower Administration shall determine the installation and operation of the central physical examination agency and the center of draft physical and necessary matters with respect to the execution of tasks of draft physical. <Amended by Presidential Decree No. 17159, Mar. 27, 2001> |
| Article 12 (Persons Engaged in Draft Physical) |
| (1) | Organization, appointers and duties of persons engaged in the draft physical at the center of the draft physical shall be as shown in the Appendix 1. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (2) | Deleted. <by Presidential Decree No. 16149, Mar. 3, 1999> |
| (3) | When the draft physical may not be carried out only with senior doctors in exclusive charge of the draft physical, doctors in exclusive charge of the draft physical (hereinafter referred to as the “doctors in exclusive charge of the draft physical”), and medical officers, the Administrator of the Military Manpower Administration or the director of the regional military manpower office may commission persons licensed to practice medicine to carry out the draft physical. In this case, the director of the regional military manpower office shall obtain approval of the Administrator of the Military Manpower Administration. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| (4) | The composition of doctors in exclusive charge of the draft physical who serve in the central physical examination agency, and the person holding the power to appoint and dismiss them, and their duties shall be as shown in the Appendix 1-2. <Added by Presidential Decree No. 17159, Mar. 27, 2001> |
| Article 12-2 (Secondments and Appointments of Medical Officers) |
| (1) | The Administrator of the Military Manpower Administration may ask the Minister of the National Defense to second medical officers by various medical fields and assign medical reserve officers falling under the doctors in exclusive charge of the draft physical to have them work on the draft physical under Article 12-2 of the Act. |
| (2) | The Minister of National Defense, upon receiving the request under paragraph (1), shall second the medical officers or classify medical reserve officers entered in the military register into the doctors in exclusive charge of the draft physical and then notify the Administrator of the Military Manpower Administration of a list of them. |
| (3) | The Administrator of the Military Manpower Adminstration may appoint the medical reserve officers classified into the doctors in exclusive charge of the draft physical under paragraph (2) as contract public officials under Article 34-3 of the Act. |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 13 (Initiation of Draft Physical) |
| (1) | A person who has received a notice of the draft physical shall undergo the draft physical at the designated time and location. |
| (2) | With regard to persons who shall undergo the draft physical but who did not undergo the draft physical at the pertinent center, a person who shall undergo the draft physical again, and a person who is deemed to have difficulty in undergoing the draft physical at the pertinent center for the draft physical in view of traffic situations, the director of the regional military manpower office may have the above persons undergo the draft physical at a different center for the draft physical or at a military hospital. <Amended by Presidential Decree No. 14819, Dec. 6, 1995> |
| (3) | With respect to persons, under obligation to undergo the draft physical in the year when they turn 19 or 20 years old, who are crew members of ships sailing out of the country or overseas employees or have applied for enlistment as industrial engineers, or are otherwise selected by the Administrator of the Military Manpower Administration, the director of the regional military manpower office may, upon receipt of applications for a priority draft physical, conduct the draft physical in advance. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | The central physical examination agency shall perform the judgment affairs of physical grades of persons falling under any of the following subparagraphs: <Amended by Presidential Decree No. 17159, Mar. 27, 2001> |
| 1. | Persons who fall under Article 12 (1) 2 or 3 of the Act as a result of physical examination conducted by the director of the regional military manpower office, and who need a precise physical examination or reexamination; |
| 2. | Persons who fall under each subparagraph of Article 26 (1), and who need re-examination; |
| 3. | Persons who fall under Article 12 (1) 2 or 3 of the Act from among those who have filed an application for alterations in military service disposition under Article 135 (1), and who need a physical exami nation; |
| 4. | Persons who fall under Article 71 (1) 10 of the Act, and who need a physical examination; and |
| 5. | Persons who are dissatisfied with the result of physical examination conducted by the director of the regional military manpower office, and who need another conduct of physical examination. |
| Article 14 (Human Nature Examination, Classification of Aptitude, etc.) |
| (1) | In a case where the human nature examination as provided in the provisions of Article 11 (3) of the Act is carried out, necessary matters for its execution method, procedure, etc. shall be determined by the Administrator of the Military Manpower Administration. |
| (2) | Aptitude as provided in the provisions of Article 13 (1) of the Act shall be classified and determined according to the standards set by the Administrator of the Military Manpower Administration as follows: architecture and civil engineering, electricity, electronics, communications, computers, heavy equipment operation, transport equipment maintenance, vehicle operation, chemistry, machinery, aviation, medicine, cooking, and commonness. <Amended by Presidential Decree No. 17718, Jun. 29, 2002> |
| Article 15 (Assignment of Military Branch of Military Service) |
| (1) | The branch of military service as provided in the provisions of Article 13 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17442, Dec. 31, 2001> |
| (2) | The branch of military service as provided in the provisions of para graph (1) may be subdivided according to the duties and specialties of each armed force, which shall be granted by the Chief of General Staff of each of the three services: |
| (3) | The standards for assigning the branch of military service as well as its duties as prescribed in paragraphs (1) and (2) shall be determined by the Chief of General Staff of each of the three services after consulting with the director of the regional military manpower office and considering the class of physical examination and aptitude, and standards for granting military specialities shall be set by the Chief of General Staff of each of the three services. <Amended by Presidential Decree No. 18273, Feb. 9, 2004> |
| Article 16 (Aptitude Adjustment) |
With regard to persons who have been assigned an aptitude class and who fall under any of the following subparagraphs, the director of the regional military manpower office or the head of the regional military manpower branch office may adjust the aptitude class: <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003>
| 1. | When the person’s license or qualification has been obtained or cancelled; |
| 2. | When the enlisted personnel of each aptitude class require adjustment; and |
| 3. | When the re-classification of aptitude is necessary on account of the person having completed the course of his academic major. |
| Article 17 (Disposition of Military Service) |
| (1) | The disposition of the military service, as provided in the provisions of Article 14 (1) of the Act shall be executed on the date on which the draft physical or the physical examination is held for those who sign up for the active service: |
| (2) | Persons whose physical grade has been judged Grade Ⅶ under Article 14 (2) of the Act shall undergo the draft physical again within one month after the recuperation period expires. In such case, for persons who have not recovered from the illness prior to the date of reexami nation for conscription, a period for recovery from illness shall be desig nated again and the reexamination for conscription shall be carried out again within one month after that period expires. |
| (3) | Persons whose recovery period from illness for the reexamination, as provided in the provisions of paragraph (2), is deemed to aggregate and exceed twelve months since the date of the first examination, and persons whose physical grade remains in Grade Ⅶ with the same illness after having undergone two reexaminations, shall undergo a reexami nation on the twelve months aggregated from the date of the first examination, and persons who are in physical Grade Ⅶ following the reexamination shall enlist in the second militia service: |
| (4) | The director of the regional military manpower office may cancel the disposition of the military service, of the person who has already undergone a draft physical but fails to meet the age requirement of the draft physical as a result of the person’s age being adjusted. When he deems it necessary, he may also alter the disposition of the military service, of the person on account of the latter’s altered academic standing in the same year he underwent the draft physical and if he falls under the grounds for postponing conscription or call-up under the provisions of Article 60 (2) of the Act, the disposition of the military service for him may be altered according to his academic standing of the year in which such grounds occur: |
| Article 18 (Conclusion of Tasks of Draft Physical) |
| (1) | The work of preparing the register of persons to being drafted into the military and the register of personnel enlisted in the conscript reserve, and other work necessary to complete the draft physical shall be concluded within two months of the expiration period of the draft physical. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999> |
| (2) | Necessary matters with respect to the method and procedure for the tasks of the draft physical shall be determined by the Administrator of the Military Manpower Administration. |
CHAPTER Ⅳ ENLISTMENT IN ACTIVE SERVICE, ETC.
Section 1 Enlistment in Active Service
| Article 19 (Planning for Enlistment in Active Service) |
| (1) | The Chief of General Staff of each of the three services shall forward the levy plan for the active service which records the prospects of enlistment in the active service of the following year, classified each in accordance to aptitude, date of enlistment, and military unit to the Administrator of the Military Manpower Administration, by September 30 of every year. When seeking to alter the contents that are already for warded, the Chief of General Staff of each of three services shall notify the Administrator of the Military Manpower Administration 60 days prior to the date of enlistment. |
| (2) | The Chief of General Staff of each of the three services shall con form the levy plan for the war-time active service to the provisions of paragraph (1) and forward it to the Administrator of the Military Manpower Administration. |
| (3) | Upon receiving the notice as provided in the provisions of paragraph (1) or (2), the Administrator of the Military Manpower Administration shall draft a plan for enlistment in the active service, which have distributed the enlisted persons by enlistment date and aptitude to each military unit in consideration of the number of persons subject to enlistment in the active service, and shall forward it to the Chief of General Staff of each of the three services and the director of the regional military manpower office, respectively. |
| (4) | Upon receiving the plan for enlistment in the active service as provided in paragraph (3), the director of the regional military manpower office shall draft an execution plan for enlistment in the active service which designates the date of enlistment and the gathering area by |
| Article 20 (Persons Subject to Separate Enlistment in Active Service) |
Persons who may not conform to the order of conscription in the active service as provided in the provisions of Article 16 (2) of the Act and may be separately enlisted are as follows: <Amended by Presidential Decree No. 16149, Mar. 3, 1999>
| 1. | Persons who hope to be drafted into the military in the year they undergo the draft physical; |
| 2. | A homecomer who is to enlist again; |
| 3. | Student military cadets or medical, judicial and religious cadet of ficers who have been removed from the military register; |
| 4. | Persons whose grounds for the postponement of the draft physical or enlistment (including those whose date of enlistment has been postponed) have been cancelled; |
| 5. | Persons who have returned from abroad and are to enlist in the military; |
| 6. | Persons who have committed a crime of evading enlistment in the active service, against whom penal sanction or the statute of limitations for prosecution has expired; |
| 7. | Persons whose enlistment as public interest service personnel, technical research personnel, skilled industrial personnel, etc. has been cancelled and are to enlist in the military; and |
| 8. | Others deemed necessary by the Administrator of the Military Manpower Administration. |
| Article 21 (Service, etc. of Notice of Enlistment in Active Service) |
| (1) | The director of the regional military manpower office shall forward |
the notice of enlistment in the military service to a person subject to the enlistment in the active service by post not later than 30 days prior to the enlistment date, or shall directly deliver it. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002>
| (2) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | Deleted. <by Presidential Decree No. 17159, Mar. 27, 2001> |
| (4) | With respect to the persons subject to separate enlistment in the active service as provided in the provisions of Article 20, the period of serving the notice of enlistment in the active service may be shortened, notwithstanding the provisions of paragraph (1). <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| Article 22 (Installation and Operation of Active Service Enlistment Office) |
| (1) | The Administrator of the Military Manpower Administration or the head of the military unit shall install an enlistment office in the military unit in order to manage the affairs related to the delivery and admission of persons subject to enlistment in the active service: |
| (2) | The director of the regional military manpower office shall dispatch the delivery officer to deliver persons subject to enlistment in the active service to the enlistment office, and personnel to assist the tasks of the delivery officer, to the enlistment office, and the head of the military unit shall dispatch an admission officer to admit the persons subject to enlistment in the active service to the enlistment office, respectively: |
| (3) | A delivery officer shall deliver persons subject to enlistment in the active service, the list of the persons subject to enlistment in the active service, and their military service records to an admission officer, and draft two copies of the delivery and admission report, one of which shall be forwarded to the admission officer. The same shall apply to persons who arrived at the military unit no later than 5 days from the date of enlistment after completing the delivery and admission tasks. |
| Article 23 (Physical Examination, etc. at Gathering Area) |
| (1) | Upon receiving a plan for enlistment in the active service as Provided in the provisions of Article 19 (3), the Chief of General Staff of each of the three services shall draft a plan for transporting persons who are to enlist not through the enlistment military unit but through the gathering area, and shall forward it to the Administrator of the Military Manpower Administration. |
| (2) | In consideration of persons who may have difficulties enlisting not in the military unit but in the gathering area due to an illness or physical and mental disability, the director of the regional military manpower office may request the head of the military unit (including the head of the military hospital) for a dispatch of a military surgeon, and the head of the military unit shall accordingly comply with the request. |
| (3) | The military surgeon who has been dispatched to the gathering area’s enlistment office shall carry out the physical examination with respect to persons who are deemed to have difficulty in enlisting due to an illness or a physical and mental disability according to the order of the director of the regional military manpower office. Therefore he shall draft two copies of the diagnosis which records the cure period and the name of the disease for persons who are judged able to recover and persons who are judged unable to recover, respectively from among persons who are judged unable to enlist, along with the register of homecomers, a copy of which shall be forwarded to a delivery officer. |
| (4) | The delivery officer who has received a diagnosis and a register of homecomers as provided in the provisions of paragraph (3) shall grant a certificate of homecoming to the homecomer and have him return home. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (5) | From among persons who have returned home as provided in the provisions of paragraph (4), those who have been assigned a cure pe riod shall be disposed in accordance with Article 26 (1) 1, and those who have been diagnosed only with the name of disease shall undergo a physical examination and be disposed in accordance with the results of that examination. <Amended by Presidential Decree No. 18273, Feb. 9, 2004> |
| Article 24 (Report for Postponed Enlistment, etc.) |
| (1) | Persons subject to enlistment in the active service who are unable to enlist on the date of enlistment due to a natural disaster, traffic paralysis, delay in the service of notice, and other unavoidable reasons, may enlist within five days of the date of enlistment. |
| (2) | Persons who wish to postpone enlistment as provided in the provisions of paragraph (1) shall report for postponement of enlistment to the director of the regional military manpower office, and enlist on the postponed date. In a case of unavoidable circumstances, they may report for postponement of enlistment through telegraph and telephone. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | The director of the regional military manpower office shall forward the register and military service record table of persons who are to postpone enlistment as provided in the provisions of paragraph (1), to the head of the military unit. |
| (4) | Upon receiving the register and military service record table of persons who are to postpone enlistment as provided in the provisions of paragraph (3), the head of the military unit shall confirm whether or not above persons indeed have enlisted on the date of enlistment and shall forward the military service record table of persons who did not enlist to the director of the regional military manpower office. |
| Article 25 (Draft Physical for Active Service, etc.) |
| (1) | The draft physical for the active service, as provided in the provisions of Article 17 of the Act shall be carried out at the clinic facilities of the military unit: |
| (2) | With regard to persons who are judged to be disqualified for the military service as a result of the complete draft physical, the head of the military unit shall reclaim their certificates of the military service, grant certificates of disqualifications for the military service and have them return home without delay. Within two days from their disqualifications for the military service, he shall deliver their military service records and their precision physical examination records explicitly stating the degree of their disease or mental and physical disorder as well as the period of their treatment (limited to a case where the period of treat ment is known) to the director of the regional military manpower office. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18273, Feb. 9, 2004> |
| (3) | When the head of the military unit seeks to enroll the enlisted persons in the register of the pertinent armed force, he shall record the ad dress (stating up to the extent of |
| (4) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| Article 26 (Disqualification of Person for Military Service after Being Conscripted into Active Service) |
| (1) | With respect to any person who is sent home after being disqualified for the military service following his being conscripted into the active service in accordance with Article 17 (2) of the Act, the director of the regional military manpower office shall get him to undergo again the physical examination at the draft physical center or the central physical examination agency according to the classification falling under each of the following subparagraphs under paragraph (3) of the same Article and then take a military service disposition according to his physical grade or get him to enlist again in any military unit. In this case, with respect to any person whose physical grade is judged Grade Ⅶ as a result of the second physical examination that is held in accordance with subpara graphs 1 (b) and 2, the director of the regional military manpower office shall deal with him by applying |
| 1. | A case where the period of medical treatment is explicitly set: in this case, the period of medical treatment shall be added up from the date on which the physical examination is held for his enlistment in any military unit; |
| (a) | A case where the period of medical treatment is not more than 3 months: he is required to be immediately enlisted in any military unit after the period of medical treatment expires; and |
| (b) | A case where the period of medical treatment is not less than 3 months: he is required to undergo the second physical examination after the period of medical treatment expires, and a military service disposition shall be taken according to the results of such second physical examination; and |
| 2. | A case where the period of medical examination is not set: he is required to undergo the physical examination immediately after his military service record, etc. are delivered and a military service disposition shall be taken according to the results of such second physical examination. |
| (2) | In the event that the period of medical treatment is explicitly set for any person who is enlisted in any military unit in accordance with paragraph (1) 1 (a) and is sent home after being disqualified for the military service, he shall be dealt with according to paragraph (1) 1 (b) and in the event that the period of medical examination is not set, he shall be dealt with according to subparagraph 2 of the same paragraph. In this case, if any person is sent home after being disqualified for the military service on the grounds of the same mental and physical disorder and the period of medical treatment is explicitly set, such period of medical treatment shall be added up from the date on which he undergoes the physical examination for his enlistment in any military unit before he is again enlisted in any military unit. |
| (3) | In the event that any person who is enlisted in any military unit after undergoing the second physical examination in the month falling under the 12h month from the date on which he underwent the first physical examination in accordance with the provisions of the main sentence of Article 17 (3) (including a case where the provisions are applied mu tatis mutandis by the provisions of Article 135 (2) 2) is sent home after being disqualified for the military service on the grounds of the same disease or the same mental and physical disorder, the director of the regional military manpower office shall promptly get him to undergo the second physical examination at the draft physical center or at the central physical examination center and take a military service disposition for him according to his physical grade and any person whose physical grade is judged Grade Ⅶ shall be enlisted in the second military service. |
| (4) | Matters necessary to deal with the second physical examination, the military service disposition, the notice on the second enlistment in any military unit and the homecomer, etc. shall be prescribed and published by the Administrator of the Military Manpower Administration. |
[This Article Wholly Amended by Presidential Decree No. 18273, Feb. 9, 2004]
| Article 27 (Period of Active Service, etc.) |
| (1) | The period of active service shall be computed from the day of enlistment, and a person shall become a private on the day of enlistment: |
| (2) | The number of days which are not computed in the period of active service as provided in the provisions of Article 18 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 15380, May 27, 1997> |
| 1. | The number of days of sentence execution: The number of days of sentence execution on account of an irrevocable judgement (the number of days of unconvicted detention calculated in the sentence shall be included, while the number of days during parole and cessation of sentence execution shall be excluded); |
| 2. | The number of days of the disposition of imprisonment in a military guardhouse: The number of days when a person is confined in a military guardhouse and other places of detention by receiving a dis position of imprisonment in a military guardhouse by a disciplinary; and |
| 3. | The number of days of secession from service: The number of days from the day of secession from service to one day before the selfsurrender or arrest. |
| (3) | When persons in active service complete the period of active service, the Chief of General Staff of each of the three services shall enlist them in the reserve. In such case, the Chief of General Staff of each of the three services may entrust that authority to the head of the military unit under his command. |
| Article 28 (Development and Delivery of Plan for Recruiting Active Service Military Personnel, etc.) |
| (1) | The Chief of General Staff of each of the three services shall draw up a plan for recruiting active service military personnel that contains the number of personnel by field and date, etc. for persons who sign up for the active military service in order to recruit active service military personnel (hereinafter referred to as “persons signing up for the active service”) in accordance with Article 20 of the Act on or by September 30 every year and then deliver such plan to the Administrator of the Military Manpower Administration. In this case, the Chief of General Staff of each of the three services shall, if he intends to change contents of the plan delivered, notify the Administrator of the Military Manpower Administration of changed contents on or by 60 days from the date of the recruitment. |
| (2) | The Administrator of the Military Manpower Administration shall, upon taking the delivery of the plan for recruiting active service military personnel referred to in paragraph (1), draw up a program for recruiting active service soldiers that contains qualifications for signing up for the active service by the field of recruitment, etc. and a recruitment schedule in order to screen and select persons signing up for the active service and deliver such program to the director of the regional military manpower office. |
| (3) | The director of the regional military manpower office shall, upon taking the delivery of the program for recruiting active service personnel, develop and implement a detailed program for recruiting active service personnel in order to publicize their recruitments and hold a physical examination, interviews, a written examination and a talent examination, etc. |
| (4) | Necessary matters concerning standards and procedures, etc. for selecting persons signing up for active service personnel shall be pre scribed and published by the Administrator of the Military Manpower Administration in the case where such selection is made by the Administrator of the Military Manpower Administration, and shall be prescribed and published by the Chief of General Staff of each of the three services in the case where such selection is made by the Chief of General Staff of each of the three services. |
[This Article Added by Presidential Decree No. 18273, Feb. 9, 2004]
| Article 29 (Persons Signing Up for Active Service Soldiers and Their Selections, etc.) |
| (1) | Any person who intends to sign up for the active service shall file an application (including any application filled out in the form of e-document) with the director of the regional military manpower office (including the head of the regional military manpower branch office; hereafter in this Article the same shall be applied) or with the Chief of General Staff of the relevant service for active service soldier and the director of the regional military manpower office or the Chief of General Staff of the relevant service shall, upon receiving the application for active service soldier, deliver an examination certificate and a physical examination notice to the applicant. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| (2) | The delivery of the physical examination notice referred to in paragraph (1) may be replaced by the delivery of the examination certificate stating the date and place of the physical examination and in the event that applications for active service soldiers are received and examination certificates are delivered through the Internet home pages of the Military Manpower Administration and each of the three services, the posting of the date and place of the physical examination on the Internet home pages of the Military Manpower Administration and each of the three services may replace the delivery of physical examination notices. |
| (3) | With respect to persons who have filed applications for active service soldiers under paragraph (1), the director of the regional military manpower office or the Chief of General Staff of the relevant service shall hold a physical examination at the draft physical center, any military hospital or a military unit in which they are to be enlisted: |
| (4) | When the Administrator of the Military Manpower Administration selects successful applicants for the active service, the director of the regional military manpower office shall deliver an enlistment notice for ac tive service soldier to each of such successful applicants for the active service and if the Chief of General Staff of each of the three services selects successful applicants for the active service, he shall deliver a selection notice for active soldier to each of such applicants for the active service. |
| (5) | In the event that any person who is selected as an active service soldier in accordance with the latter part of Article 20 (2) of the Act wants his selection to be canceled before he is enlisted in any military unit, the cancelation of his selection may be permitted only when he is judged to be impossible to get him enlisted in any military unit on the grounds of inevitability, including disease, mental and physical disor der or disaster, etc. |
| (6) | Any person who is impossible to be enlisted in any military unit on the designated date on the grounds referred to in paragraph (5) shall file an application for cancelling his selection for the active service soldier on or by 5 days before the date on which he is liable to be enlisted in any military unit and any person whose selection for an active service soldier is canceled shall revert to his status prior to his selection for such an active service soldier. |
| (7) | The Chief of General Staff of each of the three services shall, if he cancels his selection of persons for active service soldiers in accordance with the latter part of Article 20 (2) of the Act, shall deliver without delay a roll of persons whose selections are cancelled for active service soldiers to the director of the regional military manpower office. |
[This Article Wholly Amended by Presidential Decree No. 18273, Feb. 9, 2004]
| Article 29-2 (Persons Who are Sent Home after Being Disqualified for Active Service) |
| (1) | The provisions of Article 25 (1) and (2) shall apply |
| (2) | The provisions of Article 26 (1) through (3) shall apply |
| (3) | Specific matters necessary to deal with the second physical examination, the military service disposition and the second enlistment notice and homecomers shall be prescribed and published by the Administrator of the Military Manpower Administration. |
| (4) | The Chief of General Staff of each of the three services shall, when he puts any soldier who is enlisted in any military unit after signing up for the active service and any officer, any warrant officer, any deputy officer and any candidate for officer who is each appointed for the active service under the Military Personnel Management Act or Military Service Act on the military register (that may be replaced by the written order record of personnel affairs) of the relevant service, deliver the roll of persons enlisted in the active service to the director of the regional military manpower office and the director of the regional military manpower office shall, upon receiving such roll, send the military service record of persons who have been enlisted in the active service to the commander of any military unit in which they are enlisted. |
[This Article Added by Presidential Decree No. 18273, Feb. 9, 2004]
| Article 30 (Disposition of Persons Dismissed from Military Academy, etc.) |
| (1) | When persons who were being educated at a military academy, a short-term military academy, and other educational agencies for military cadets of the active service, are dismissed therefrom, they shall return with their standing prior to enlistment. In such case, the period of education before the dismissal shall be computed in the period of the military service, with respect to persons who have returned in the active service. |
| (2) | Persons who fall under the provisions of Article 58 (1) or (2) of the Act and who were educated and dismissed from the educational agency as provided in the provisions of paragraph (1) for reasons other than illness, shall be removed from the register of persons subject to medical, judicial and religious officer enlistment, and shall be disposed as prospects for enlistment in the active service or as prospects for call-up for public interest service personnel. |
| (3) | The head of the educational agency for military cadets of the active service as provided in the provisions of paragraph (1), shall forward, without delay, the list of dismissed persons and their military service record table to the military service administration agency. |
| (4) | With regard to persons who were educated at the military academy and short-term military academy for not less than one year and dismissed therefrom, the Chief of General Staff of each of the three services may, notwithstanding the provisions of paragraph (1), appoint the person in question, at his wish, as an assistant officer of the active service or have him serve in the active service without undergoing a draft physical. In such case, persons who are to serve in the active service may be ex empted from a basic training process for new conscripts, and their start ing rank shall be determined by the Ministerial Decree of National Defense. <Amended by Presidential Decree No. 17158, Mar. 27, 2001> |
| (5) | When the Chief of General Staff of each of the three services enlists applicants, as provided in the provisions of paragraph (4), in the active service or as an assistant officer, he shall give notice to the director of the regional military manpower office. <Amended by Presidential Decree No. 17158, Mar. 27, 2001> |
| (6) | Persons who are to enroll on the military register of officers of the active service in general military branches, as provided in the provisions of Article 59 of the Act, and who have been dismissed from the education agency during the period of education, as provided in the provisions of paragraph (1), for reasons other than illness, shall be disposed as prospects for enlistment in the active service and the persons subject to callup in public interest service personnel. |
Section 2 Enlistment and Call-Up of Persons Subject to Full Time Reserve
| Article 31 (Enlistment Plan for Persons Subject to Call-up in Full Time Reserve) |
| (1) | The Chief of General Staff of each of the three services shall respectively submit a levy plan for prospects for call-up in full time reserve in which the number, etc. of prospects for call-up in the full time reserve required in the following year by each enlisting military unit, enlistment date, regional military manpower office, and regional military manpower branch office to the Administrator of the Military Manpower Administration and to the head of an enlisting or call-up military unit within the limit of the fixed number as designated by the Minister of National Defense not later than September 30 of every year; and when intending to modify the plan that has been already submitted, the Chief of General Staff of each of the three services shall submit a plan for modification not later than 75 days prior to the date of enlistment. In this case, when it is necessary to adjust the fixed number, approval of the Minister of National Defense shall be obtained. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 18133, Nov. 20, 2003> |
| (2) | When receiving a levy plan for prospects for call-up in the full time reserve pursuant to paragraph (1) of this Article, the Administrator of the Military Manpower Administration shall prepare an enlistment plan for prospects for call-up in the full time reserve which allots the number, etc. of prospects for call-up in full time reserve required by each enlisting military unit, enlistment date, regional military manpower office, and regional military manpower branch office by taking into consideration the number of prospects for call-up in full time reserve, and shall submit, without delay (in a case of the plan for modification, not later than 60 days prior to the date of enlistment), it to the Chief of General Staff of each of the three services and to the director of the regional military manpower office. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 18133, Nov. 20, 2003> |
| (3) | Upon receiving the levy plan for prospects for call-up in the full time reserve as provided in the provisions of paragraph (1), the head of the call-up military unit shall notify the director of the regional military manpower office of the required number of the persons subject to the call-up for service in the full time reserve by each enlisting military unit, enlistment date, and |
| (4) | Upon receiving the levy plan for prospects for call-up in the full time reserve as provided in the provisions of paragraph (2) and the notice of required number of persons as provided in the provisions of paragraph (3), the director of the regional military manpower office shall draft an enforcement plan for the levy plan for prospects for call-up in the full time reserve, and report it to the Administrator of the Military Manpower Administration, and forward it to the head of the call-up military unit. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| Article 32 (Notice Selection, etc. of Persons Subject to Call-up in Full Time Reserve) |
When the director of the regional military manpower office selects the persons subject to call-up in the full time reserve pursuant to Article 21 (2) of the Act, or cancels the selection of the said persons under paragraph (4) of the same Article, he shall promptly notify the principal of such fact.
[This Article Wholly Amended by Presidential Decree No. 17718, Aug. 21, 2002]
| Article 33 (Determination of Enlistment Order of Prospects for Call-up in Full Time Reserve) |
| (1) | With regard to persons who have been selected as prospects for call up in the full time reserve, as provided in the provisions of Article 21 of the Act, the director of the regional military manpower office shall determine the enlistment order according to |
| (2) | Deleted. <by Presidential Decree No. 15380, May 27, 1997> |
| (3) | The standard of enlistment order as provided in the provisions of paragraph (1) shall be determined by the Administrator of the Military Manpower Administration, taking into consideration the time of de sired enlistment in the active service and the date of birth, etc. <Amended by Presidential Decree No. 17159, Mar. 27, 2001> |
| Article 34 (Enlistment of Prospects for Call-up in Full Time Reserve) |
| (1) | The enlistment of prospects for call-up in the full time reserve in the active service shall be carried out in the unit of |
| (2) | The military unit of the prospects for call-up in the full time reserve shall be determined by the Chief of General Staff of each of the three services. |
| Article 35 (Disposition of Enlistment Affairs for Full Time Reserve, etc.) |
The service of the notice of enlistment in the active service on the persons subject to call-up in the full time reserve, installation and operation of the enlistment office, and report of postponed enlistment shall be governed by the provisions of Articles 21, 22 and 24.
| Article 36 (Physical Examination of Prospects for Call-Up in Full-Time Reserve for Enlistment and Handling of Homecomers) |
The physical examination of prospects for call-up for full-time reserve for enlistment in the active service and handling of homecomers shall be governed by the provisions of Articles 23, 25, and 26. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999>
| Article 37 (Period of Service in Active Service for Prospects for Call-up in Full Time Reserve) |
| (1) | The period of service in the active service for the enlisted prospects for call-up in the full time reserve, as provided in the provisions of Article 21 (1) of the Act, shall be from the day they are enlisted to the day the basic military training for them is finished. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (2) | The period of service of persons called up for full time reserve, as provided in the provisions of Article 23 (1) of the Act, shall be two years, but when the Minister of National Defense deems it necessary on ac count of the reduction of the period of service in the active service, he may reduce the period within four months. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18273, Feb. 9, 2004> |
| (3) | The period of service of persons who have been called up for full time reserve shall be computed from the day of the call-up and with regard to the number of days that are not included in the period of service, the provisions of Article 27 (2) of the Act, shall apply |
| Article 38 (Dispatch of Full Time Reserves) |
When the Chief of General Staff of each of the three services wishes to dispatch persons who have been called up for the full time reserve to an agency other than the military unit, as provided in the provisions of Article 23 (4) of the Act, he shall obtain an approval from the Minister of National Defense.
| Article 39 (Commanding and Supervision on Dispatched Full Time Reserve) |
With respect to persons who have been called up in the full time reserve and who have been dispatched to an agency other than the military unit, as provided in the provisions of Article 38 of the Act, the head of the military unit to which they are assigned and the head of the pertinent agency shall direct and supervise them.
| Article 40 (Cancellation of Call-up for Full Time Reserve) |
| (1) | When the persons who have been called up for and are in service in the full time reserve fall under any of the following, the Chief of General Staff of each of the three services shall cancel the call-up. In such case, the Chief of General Staff of each of the three services may en trust that authority to the head of the pertinent military unit: <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| 1. | When the period of service as provided in the provisions of Article 37 (2) of the Act expires; |
| 2. | When they are diverted to active service as provided in the provisions of Article 83 (1) 2 of the Act; and |
| 3. | When the Minister of National Defense deems the call-up for full time reserve unnecessary on account of the personnel adjustment and orders a cancellation of call-up after determining the scope of the region or the prospects. |
| (2) | Persons who fall under the provisions of paragraph (1) 3 and accordingly have their call-up cancelled shall be considered as having completed the service in the full time reserve. |
Section 3 Secondment
| Article 41 (Consultations with regard to Required Number of Persons, etc. for Secondment Personnel) |
| (1) | The Minister of Justice, the Administrator of the National Emer gency Management Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency shall, where he intends to determine the required number of persons or the recommended persons for correctional facility guards, obligatory firefighting unit members or riot police members under Articles 24 and 25 of the Act, consult in advance with the Minister of National Defense. <Amended by Presidential Decree No. 17361, Sep. 15, 2001; Presidential Decree No. 18390, May 24, 2004> |
| (2) | When the Minister of National Defense is requested for a consultation as provided in the provisions of paragraph (1), he shall comply to the request within the scope which does not hinder the levy plan of the required number of personnel. |
| Article 42 (Secondment by Allocation) |
| (1) | The Minister of Justice, the Commissioner General of the National Police Agency or the Commissioner of the National Maritime Police Agency shall make a request to the Minister of National Defense by the end of February, in case where he intends to obtain the allocation of the re quired number of personnel for scheduled appointment to correctional facility guards or riot police members with the duties of performing the anti-espionage operations in the following year under Article 24 (1) of the Act. |
| (2) | The Minister of National Defense shall, upon receipt of a request for allocation of required personnel under paragraph (1), second persons from among those who have completed the designated military training after enlisted in active service under Article 24 (2) of the Act, and forward the list of secondment personnel clarifying the estimated period of secondment (it may be substituted by the written personnel order; hereinafter the same shall apply) and the military service record table to the Minister of Justice, the Commissioner General of the National Police Agency or the Commissioner of the National Maritime Police Agency. |
[This Article Wholly Amended by Presidential Decree No. 17361, Sep. 15, 2001]
| Article 43 (Secondment by Recommendation) |
| (1) | The Administrator of the National Emergency Management Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency shall make a request to the Minister of National Defense by the end of February for the allocation of relevant recommend personnel, in case where he intends to recommend the personnel for scheduled appointment to obligatory fire-fighting unit members or riot police members with the duties of assisting the pub lic order services in the following year under Article 25 (1) of the Act. <Amended by Presidential Decree No. 18390, May 24, 2004> |
| (2) | The Administrator of the National Emergency Management Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency shall forward the register of personnel to be recommended as obligatory fire-fighting unit members or riot police members with the duties of assisting the public order services under Article 25 (1) of the Act to the Administrator of the Military Manpower Administration not later than 50 days prior to the time limit for enlistment (in the case of scheduled graduates of the Police College to serve in the riot police unit after graduation, not later than January 15 of the graduation year). <Amended by Presidential Decree No. 18390, May 24, 2004> |
| (3) | The Administrator of the Military Manpower Administration shall, upon receipt of the register of personnel recommended by the Administrator of the National Emergency Management Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency under paragraph (2), forward it to the director of the regional military manpower office not later than 45 days prior to the time limit for enlistment, and the director of the regional military manpower office shall forward to the commander of enlisting unit, the register of those subject to enlisting and the military service record table, after forwarding to the principal a notice of enlistment in the active service not later than 30 days prior to the time limit for enlistment. <Amended by Presidential Decree No. 18390, May 24, 2004> |
| (4) | The commander of enlisting unit in receipt of the register of those subject to enlisting under paragraph (3) shall, where those subject to enlisting have enlisted in the army, forward to the director of the regional military manpower office, the register of those enlisted (may be substituted by the written personnel order) and the register of those not enlisted (including the homecomers), and their military service record table. |
| (5) | The Minister of National Defense shall second those enlisted under paragraph (4) after having them complete the designated military training, and forward to the Administrator of the National Emergency Man agement Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency, the register of secondment personnel clarifying the estimated period of secondment and their military service record table. <Amended by Presidential Decree No. 18390, May 24, 2004> |
| (6) | The director of the regional military manpower office shall manage those in receipt of a notice of enlistment in active service under paragraph (3), who have been back home under Article 25 (2), or whose time limit for enlistment has been extended under Article 129, in the status before the recommendation. |
[This Article Wholly Amended by Presidential Decree No. 17361, Sep. 15, 2001]
| Article 44 (Administration of Military Register of Secondment Personnel) |
Upon receiving the military service record table as provided in the provisions of Article 42 (2) or 43 (5) of the Act, the Minister of Justice, the Administrator of the National Emergency Management Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency shall record and organize the service, promotion, rewards, penalties, personal changes, etc. of seconded persons. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17361, Sep. 15, 2001; Presidential Decree No. 18390, May 24, 2004>
| Article 45 (Cancellation of Secondment for Persons Subject to Alteration in Military Service Disposition) |
| (1) | With regard to persons who have been seconded to the correctional facility guards, obligatory fire-fighting unit members, or riot police mem bers, and who fall under the reasons for alteration of the military service disposition as provided in each subparagraph of Article 65 (1) of the Act, the Minister of Justice, the Administrator of the National Emergency Manpower Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency shall ask the Minister of National Defense for a cancellation of the secondment without delay. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17361, Sep. 15, 2001; Presidential Decree No. 18390, May 24, 2004> |
| (2) | Upon receiving the request for a cancellation of the secondment, as provided in the provisions of paragraph (1), the Minister of National Defense shall cancel the secondment for persons falling under reasons for altering a disposition for their military service and then alter the military service disposition under the provisions of Article 137 (1). <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 46 (Discharge from Military Service of Persons Whose Second ment Period Expires) |
| (1) | The Minister of Justice, the Administrator of the National Emergency Manpower Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency shall inform the Minister of National Defense of the list of the persons whose period of secondment service as correctional facility guards, obligatory fire-fighting unit members, or riot police members is to expire, no later than the 15th of the month prior to the month of the expiration of the secondment period. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17361, Sep. 15, 2001; Presidential Decree No. 18390, May 24, 2004> |
| (2) | Upon receiving the notice as provided in the provisions of paragraph (1), the Minister of National Defense shall cancel the secondment service and transfer the persons to the reserve service on the day the period of their secondment service expires, and shall notify the Minister of Justice, the Administrator of the National Emergency Manpower Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency and the director of the regional military manpower office of that list of persons 10 days prior to their discharge from the military service. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17361, Sep. 15, 2001; Presidential Decree No. 18390, May 24, 2004> |
| (3) | With regard to persons enlisted in the reserve as provided in the provisions of paragraph (2), the Minister of National Defense shall bestow the military rank as follows in accordance with the rank bestowed as provided in the Enforcement Decree of the Act on the Establishment of Correctional Institution Guard Units, the Enforcement Decree of the Act on the Establishment of Obligatory Fire-Fighting Unit, or the Enforcement Decree of the Establishment of Riot Police Units Act: <Amended by Presidential Decree No. 17361, Sep. 15, 2001> |
| 1. | Private guard, private fireman and private police officer: Private; |
| 2. | Private first class guard, private first class fireman and private first class police officer: Private first class; |
| 3. | Corporal guard, corporal fireman and corporal police officer: Corporal; |
| 4. | Sergeant guard, sergeant fireman and sergeant police officer: Ser geant; and |
| 5. | Special guard, special fireman and special police officer: Staff ser geant. |
| (4) | The Minister of National Defense may entrust his authority pertain ing to the secondment service, the cancellation of the secondment service, the alteration of a disposition for the military service and the transfer of persons whose secondment service period expires into the reserve, to the Chief of General Staff of each of the three services or heads of military units under the provisions of Articles 42, 43, 45 and paragraph (2). <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
CHAPTER Ⅴ RECRUIT SERVICE
Section 1 Service of Public Interest Service Personnel
| Article 47 (Request for Allotment of Public Interest Service Personnel) |
| (1) | The heads of state organs, local governments, or public organizations (hereinafter referred to as the “heads of the service institutions”), which are in need of the public interest service personnel (hereinafter referred to as the “administrative agency personnel”) under Article 26 (1) 1 of the Act, shall request the allotment of the public interest service personnel required by them the next year, specifying their number, by April 30, every year to the director of the regional military manpower office. In this case, a request for the allotment of the public interest service personnel to be assigned to social and welfare facilities shall be made by the head of |
| (2) | When the heads of the service institutions make a request for an allotment of the administrative agency personnel as provided in the provisions of paragraph (1), they shall submit a plan for utilization of the public interest service personnel which records the required number of personnel according to each area of service, the branch of service, and the form of service, etc. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (3) | The Minister of Foreign Affairs and Trade shall request the allot |
ment of the public interest service personnel under Article 26 (1) 4 of the Act (hereinafter referred to as the “international cooperation service personnel”) required in the following year by 30 April every year to the Administrator of the Military Manpower Administration. <Added by Presidential Decree No. 17159, Mar. 27, 2001>
| Article 47-2 (Scope of Public Organizations) |
The public organizations referred to in Article 26 (1) 1 of the Act shall be as follows: <Amended by Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 18273, Feb. 9, 2004>
| 1. | Government-invested institutions established under the provisions of Article 2 of the Framework Act on the Management of GovernmentInvested Institutions; |
| 2. | Local government-invested public corporations and local government public corporations established under the provisions of Articles 49 and 76 of the Local Public Enterprises Act; |
| 3. | Fisheries wireless stations; |
| 4. | Private schools under Article 3 of the Private School Act and private schools from among the special schools under subparagraph 5 of Article 2 of the Elementary and Secondary Education Act; and |
| 5. | Non-profit institutions prescribed by the Ministerial Decree of National Defense from among non-profit institutions that are established for the public interest and are financially supported, di rectly or indirectly. by the State or local governments. |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 48 (Allotment of Administrative Agency Personnel, etc.) |
| (1) | Upon receiving the request for an allotment of administrative agency personnel as provided in the provisions of Article 47 (1), the director of the regional military manpower office shall investigate the necessary mat ters for the public interest, conditions for service, etc., and determine the allotment of the personnel according to each service institution, branch of service and form of service by July 31 every year, and shall notify the heads of the service institutions after filing a report thereon with the Administrator of the Military Manpower Administration. |
| (2) | Upon receiving the request for an allotment of international cooper ation service personnel as provided in the provisions of Article 47 (3), the Administrator of the Military Manpower Administration shall investigate the necessary matters for the public interest, conditions for service, and qualifications, etc., and determine the allotment of the personnel according to each service institution and branch of service by July 31 every year, and shall notify the Minister of Foreign Affairs and Trade. |
[This Article Wholly Amended by Presidential Decree No. 17159, Mar. 27, 2001]
| Article 49 (Recommendation of Arts and Sports Personnel for Public Interest Service Personnel) |
| (1) | The term “persons who have special talent in the field of arts and sports as determined by the Presidential Decree” in Article 26 (2) of the Act means those who fall under any of the following: <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17636, Jun. 25, 2002> |
| 1. | A person who has won a second or a higher prize in the international art competition which is acknowledged by the Administrator of the Military Manpower Administration; |
| 2. | A person who has won a first prize in the national art competition which is acknowledged by the Administrator of the Military Man power Administration; |
| 3. | A person who has undergone a special education on major intangible cultural properties for not less than five years under the provisions of Article 5 of the Protection of Cultural Properties Act and earned a qualification in the field which is acknowledged by the Administrator of the Military Manpower Administration; |
| 4. | A person who won a third or a higher prize in the Olympic Games (for team competition, the athletes are limited to those who actually participated in the competition); |
| 5. | A person who has won a first prize in the Asian Games (for team competition, the athletes are limited to those who actually participated in the competition); and |
| 6. | A person who has obtained good results by winning 16th or higher ranking in the World Cup soccer games. |
| (2) | Persons who fall under any subparagraph of paragraph (1) and who wish to serve as public interest service personnel (hereinafter referred to as “arts and sports personnel”) under Article 26 (1) 3 of the Act shall submit a written application of recommendation (including any written application of recommendation filled out in the form of e-document) for arts and sports personnel, with a confirmation of the prizes won and other necessary documents, to the Minister of Culture and Tourism. <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 18312, Mar. 17, 2004> |
| (3) | Upon receiving the nomination form for arts and sports personnel as provided in the provisions of paragraph (2), the Minister of Culture and Tourism shall notify the Administrator of the Military Manpower Administration of the list of the nominees within 14 days. <Amended by Presidential Decree No. 15919, Oct. 21, 1998> |
| (4) | The arts and sports personnel shall serve in fields determined by the Administrator of the Military Manpower Administration. <Amended by Presidential Decree No. 16668, Dec. 31, 1999> |
| Article 50 (Plan for Call-up of Public Interest Service Personnel) |
| (1) | The Administrator of the Military Manpower Administration shall draft a plan for call-up of the public interest service personnel for the following year which records the personnel for call-up according to monthly basis and shall forward it to the director of the regional military manpower office no later than October 31 of every year. <Amended by Presidential Decree No. 17159, Mar. 27, 2001> |
| (2) | Upon receiving the plan for call-up of the public interest service personnel as provided in the provisions of paragraph (1), the director of the regional military manpower office shall draft a plan for executing the callup of the public interest service personnel, which records and classifies the persons subject to call-up for the public interest service personnel according to |
| Article 51 (Execution of Call-up of Public Interest Service Personnel) |
| (1) | When the director of the regional military manpower office deter mines the order of call-up of public interest service personnel as provided in the provisions of Article 28 (1) of the Act, he shall draft the register of an order of the call-up of public interest service personnel. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (2) | The call-up of the administrative agency personnel shall be made on the persons whose order of call-up for the public interest service personnel has been set after deciding on institutions where they are to serve: |
| (3) | The director of the regional military manpower office, when the heads of service institutions complete with boarding and work facilities file a request that they work while boarding in the facilities under the pro visions of the proviso of Article 31 (4) of the Act, may have them do so. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | With regard to administrative agency personnel who have received the notice of call-up of the public interest service personnel and who reside alone, the director of the regional military manpower office may execute the call-up in the region where their parents and families reside in accordance with their desire. |
| Article 52 (Prospects of Separate Call-up of Public Interest Service Personnel) |
Persons who may not comply with the order of the call-up for the public interest service personnel, as provided in the provisions of Article 29 (2) of the Act, and who may be persons subject to a separate call-up of the public interest service personnel are as follows: <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999>
| 1. | Military student cadets or medical, judicial and religious cadet officers who are to be called up after they have been removed from the military register; |
| 2. | Persons who are to be called up on account of the cancellation of their enlistment as public health doctors, international cooperation doc tors, doctors in exclusive charge of the draft physical or public-service advocates, as provided in the provisions of Articles 35 (3) and 35-2 (3) of the Act; |
| 3. | Persons whose reasons for the postponement of call-up for the public interest service personnel have been cancelled; |
| 4. | Persons who have returned home from overseas and who are to be called up; |
| 5. | Persons who have committed the crime of evading the call-up for the public interest service personnel and against whom penal sanction or statute of limitations for prosecution has expired; |
| 6. | Persons whose enlistment in the technical research personnel and skilled industrial personnel has been cancelled and are to be called up; and |
| 7. | Other persons deemed necessary by the Administrator of the Military Manpower Administration. |
| Article 53 (Service, etc. of Notice of Call-up for Public Interest Service Personnel) |
| (1) | The director of the regional military manpower office shall forward by post a call-up notice of persons subject to call-up of the public interest service personnel to the principal not later than 30 days prior to the callup date, or directly deliver it: |
| (2) | The Minister of Culture and Tourism or the Minister of Foreign Affairs and Trade who has received the notice of call-up for the public interest service personnel as provided in the provisions of paragraph (1), shall serve the said notice on the principal not later than 30 days prior to the day of the call-up, and shall notify the results to the director of the regional military manpower office. <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | When the director of the regional military manpower office has made a notice of the call-up for the public interest service personnel under the provisions of paragraph (1), he shall forward the list of the persons subject to call-up who are to serve in the pertinent agency to the heads of the service institutions where the administrative agency personnel are to serve (in the case of the arts and sports personnel, the list shall be forwarded to the Minister of Culture and Tourism, and in the case of the international cooperation service personnel, to the Minister of Foreign Affairs and Trade). <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| (4) | With regard to the persons subject to a separate call-up for the public interest service personnel in accordance with the provisions of Article 52, the period of forwarding and service of the notice of the call-up for the public interest service personnel may be shortened notwithstanding the provisions of paragraphs (1) and (2). |
| Article 54 (Installation and Operation of Office for Delivery and Admis sion of Administrative Agency Personnel) |
| (1) | The director of the regional military manpower office may install a delivery and admission office after consultations with the heads of the service institutions where the administrative agency personnel are to serve, in order to manage the affairs with regard to delivery and admission of the persons subject to the call-up for administrative agency personnel. |
| (2) | The director of the regional military manpower office and the heads of the service institutions shall dispatch a delivery officer who will deliver the persons subject to the call-up for administrative agency personnel and an admission officer who will admit the persons subject to the callup for administrative agency personnel, to the delivery and admission office, respectively. |
| (3) | The delivery officer shall deliver the persons subject to the call-up for administrative agency personnel as prescribed by the list of the persons subject to the call-up for public interest service personnel as provided in the provisions of Article 53 (1) and (3), to the admission officer, and shall draft two copies of the delivery and admission reports, one of which shall be forwarded to the admission officer. |
| Article 55 (Report, etc. of Postponement of Responding to Call-up) |
| (1) | Prospects of the call-up for the public interest service personnel who cannot comply with the date of the call-up due to natural disasters, traffic paralysis, delayed service of the notice, and other unavoidable reasons may postpone the answering of the call-up within three days from the day of the call-up. |
| (2) | Persons who seek to postpone the answering of the call-up as provided in the provisions of paragraph (1) shall report for the postponement of response to the call-up to the director of the regional military manpower office, and comply with the day of the postponed call-up. They may report it through telegram and telephone in the unavoidable circumstances. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | The director of the regional military manpower office shall notify the pertinent heads of the service institutions where the administrative agency personnel are to serve, of the list of persons who are to postpone the answering of a call-up under paragraph (1) (in a case of the arts and sports personnel, the Minister of Culture and Tourism shall be notified of the list, and in a case of the international cooperation service personnel, the Minister of Foreign Affairs and Trade shall be notified). <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| (4) | When the heads of service institutions, the Minister of the Culture and Tourism, or the Minister of Foreign Affairs and Trade has received the notice of the list of the persons who are to postpone the answering of a call-up as provided in the provisions of paragraph (3), he shall confirm whether or not the postponed call-up has been answered on the reported day and notify the director of the regional military manpower office of the list of persons who have not answered the call-up. <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| Article 56 (Period of Service for Public Interest Service Personnel, etc.) |
| (1) | The period of service of the public interest service personnel shall reckon from the day they are called up as public interest service personnel in accordance with the provisions of Article 29 of the Act. |
| (2) | Deleted. <by Presidential Decree No. 18273, Feb. 9. 2004> |
| (3) | With regard to the calculation of the number of days not included in the period of service of the public interest service personnel as provided in the provisions of Article 30 (2) of the Act, the provisions of Article 27 (2) shall apply |
| (4) | The provisions of Articles 59 (2) and 63 shall be applied |
| Article 56-2 (Remaining Term of Service of Public Interest Service Personnel on Account of Desertion from Service Place) |
| (1) | When the heads of service institutions of the administrative agency personnel (in case of the arts and sports personnel, the Minister of Culture and Tourism, and in case of the international cooperation service personnel, the Minister of Foreign Affairs and Trade) make an accusation to the head of an investigative agency against the public interest service personnel who falls under the provisions of subparagraph 1 of Article 89-2 of the Act in accordance with the provisions of Article 165 (2) and (3), they shall have the service of the concerned public interest ser vice personnel ceased. <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| (2) | With regard to the administrative agency personnel from among the accused as provided in the provisions of paragraph (1), who have been sentenced and whose sentence execution has been completed or sus pended or who have been confirmed not to have his sentence executed, the head of the administrative agency personnel shall notify persons in question of the remaining period of service. |
| (3) | With regard to arts and sports personnel and international cooperation service personnel from among the accused, as provided in the provisions of paragraph (1), who have been sentenced and whose sentence execution has been completed or suspended or who have been confirmed not to have his sentence executed, the director of the regional military manpower office shall cancel the call-up in the pertinent agency and branch of service and have them called up and serve as administrative agency personnel. In such case, the period of service for arts and sports personnel and international cooperation service personnel who have been called up as administrative agency personnel shall be calculated accord ing to the following formula, in which the decimals shall not be calculated: <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| (4) | With regard to persons who have been confirmed not to be sentenced from among the accused public interest service personnel, as provided in the provisions of paragraph (1), the director of the regional military manpower office shall have them serve each in the pertinent branch of obligatory service for the period after having subtracted the number of days they were in service: |
[This Article Added by Presidential Decree No. 14819, Dec. 6, 1995]
| Article 57 Deleted.<by Presidential Decree No. 17159, Mar. 27, 2001> |
| Article 58 (Working Hours for Administrative Agency Personnel) |
| (1) | The provisions of Article 9 of the State Public Official Service Rules shall apply |
| (2) | The heads of the service institutions may, when they deem it necessary, alter the working hours after consultations with the director of the regional military manpower office, taking into consideration the type, the nature, the area of the service and the specialty of the agency. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (3) | The standard for calculating the number of work days according to the alteration of the working hours as provided in the provisions of paragraph (2), shall be determined by the Administrator of the Military Manpower Administration. |
| Article 59 (Vacation of Administrative Agency Personnel) |
| (1) | The heads of the service institutions may grant leave to the administrative agency personnel pursuant to the classifications of the following subparagraphs: <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| 1. | Annual leave: Not more than 15 days annually; |
| 2. | Leave on application: |
| (a) | When the principal is married, or his lineal descendant or spouse deceased, or the parents of the principal or his spouse deceased; Not more than 7 days; |
| (b) | When the grandfather or grandmother, the great grandfather or grandmother, the maternal grandfather or grandmother or the sib ling of the principal or his spouse deceased; Not more than 3 days; |
| (c) | When there exists no person to nurse in case where his father, his mother or his sibling is in a critical condition; Not more than 3 days; and |
| (d) | When his sibling is married; One day; |
| 3. | Sick leave: |
| (a) | In the case where one is unable to perform his duties due to an injury or illness incurred in line of duty, the period during which he is unable to perform his duties; and |
| (b) | In the case where one is unable to perform his duties due to an injury or illness incurred outside work, the period during which he is unable to perform his duties; |
| 4. | Official leave: A necessary period of time is given when any person falls under any of the following: |
| (a) | When he is summoned to the National Assembly, court of law, public prosecutor’s office, and other government agencies with regard to his duties; |
| (b) | When he seeks to participate in voting in accordance with the Acts; and |
| (c) | When it is impossible to go to work due to natural disasters, traffic paralysis, and other reasons; and |
| 5. | Special vacations: Not more than five days per year in case where he has been acknowledged as model personnel on account of his excellent work, or the recognition of the need of his special work. |
| (2) | In a case where the sick leave as provided in the provisions of paragraph (1) 3 (b) exceeds 30 days in the aggregate, the number of days exceeding thirty days shall not be calculated in the period of service. |
| (3) | The head of any service institution shall, when public officials of any administrative agency are needed to attend classes in the course of studying by means of broadcasting and communications or cyber provided for in subparagraph 5 of Article 62, grant them annual leaves referred to in paragraph (1) 1 to attend such classes unless the special grounds exist that make it impossible for him to do so. <Added by Presidential Decree No. 18273, Feb. 9, 2004> |
| Article 60 (Scope of Region from Which It is Difficult to Get to and from Work) |
The scope of the region from which it is recognized as difficult to get to and from work under the provisions of Article 31 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 16149, Mar, 3, 1999>
| 1. | A remote island from which it is impossible to get to and off from work by a regular liner; |
| 2. | A region from which the distance to the workplace exceeds 8 km one way on foot due to absence of a fixed bus line; |
| 3. | A region from which it takes three hours to and from work via a fixed bus line or ship; and |
| 4. | Other regions recognized by the Administrator of the Military Manpower Administration as difficult to get to and from work. |
| Article 61 (Remuneration of Administrative Agency Personnel) |
| (1) | The remuneration equivalent to that of the active service personnel shall be paid by the head of service institution from the date of call-up for education to the administrative agency personnel according to the following standards: <Amended by Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | From the month of the call-up to the sixth month, the remuneration of a private; |
| 2. | From the month of the call-up to the period between the seventh month and the thirteenth month, the remuneration of a private first class; |
| 3. | From the month of the call-up to the period between the fourteenth month and the twenty-first month, the remuneration of a corporal; and |
| 4. | From the month of the call-up to the twenty-second month and beyond, the remuneration of a sergeant. |
| (2) | The administrative agency personnel shall be provided with travelling expenses, meal allowance, and other related expenses necessary for the performance of their duties in addition to pay as provided in the pro visions of paragraph (1). In case where the administrative agency personnel are in work camp, he shall be provided with room and board and goods of daily necessity. |
| (3) | The heads of service institutions may, at their own cost, provide uniforms, name cards, hats, and other such things to the administrative agency personnel and have them wear them when they are necessary for the unification of command and performance of duties. |
| Article 62 (Matters of Compliance for Administrative Agency Personnel) |
The administrative agency personnel shall not engage in one of the following subparagraphs: <Amended by Presidential Decree No. 18273, Feb. 9, 2004>
| 1. | Registration in a political party and other political organizations or other activities of political purposes; |
| 2. | Group activity with purposes outside the service; |
| 3. | Activity that seeks profit with respect to the service or holding another post without permission from the heads of service institutions; |
| 4. | Drinking while on duty, activity that corrupts public moral, or other activities that corrupt official discipline and order; and |
| 5. | The act of studying at any school provided for in the Elementary and Secondary Education Act and the Higher Education Act: |
| Article 63 (Job Training for Administrative Agency Personnel) |
The heads of service institutions may carry out a job training for administrative agency personnel when they deems it necessary for the performance of duties. In such case, the period of the job training shall be calculated in the period of service.
| Article 64 (Standard of Service of Arts and Sports Personnel) |
The Minister of Culture and Tourism shall determine the standard of service of the arts and sports personnel and shall carry out the supervision and direction of the arts and sports personnel, as provided in the provisions of Article 31 (3) of the Act in accordance with the standard as determined. <Amended by Presidential Decree No. 15919, Oct. 21, 1998>
| Article 65 (Disposition of Predicament of Public Interest Service Personnel) |
| (1) | The public interest service personnel may request a consultation about their personal affairs or a review of their predicaments with the heads of the service institutions (the arts and sports personnel may make a request to the Minister of Culture and Tourism, and the international cooperation service personnel, to the Minister of Foreign Affairs and Trade) and the heads of the service institutions shall not give negative treatments to them on account of the request. <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| (2) | The heads of service institutions who have received the request as provided in the provisions of paragraph (1), shall carry out a review according to a just procedure or shall provide a settlement of the predicament following the consultation and the review. |
| Article 65-2 (Scope of Violating Justifiable Work Orders) |
The term “when one fails to comply with a lawful order of service” under Article 32 (1) 2 of the Act means when falling under each of the following subparagraphs:
| 1. | When any of the public interest service personnel is late for the working hours without any justifiable reasons; |
| 2. | When any of the public interest service personnel leaves or deserts his workplace without a permit; |
| 3. | When any of the public interest service personnel does not perform or delays his duties without any justifiable reasons; |
| 4. | When any of the public interest service personnel interferes with others at work and instigates sabotage; and |
| 5. | When any of the public interest service personnel violates the provisions of Article 62. |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 66 (Redesignation of Service Institutions, etc.) |
| (1) | Administrative agency personnel who fall under the provisions of Article 32 (1) 3 of the Act and accordingly face a difficulty in getting to and from work, shall submit the application for redesignation of service institutions (including any application filled out in the form of e-document) to the heads of the service institutions for whom they work. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| (2) | The heads of service institutions who has received the application for redesignation of service institutions as provided in the provisions of paragraph (1), shall confirm the facts of the change in residence of the family and shall forward the application to the director of the regional military manpower office without delay. |
| (3) | The director of the regional military manpower office who has received the application for redesignation of service institutions in accordance with the provisions of paragraph (2), shall newly designate the service institutions, then shall forward the notice of the redesignation of the service institutions to the pertinent administrative agency personnel via the heads of service institutions, and shall notify the heads of the newly designated service institutions of the facts. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | The administrative agency personnel, upon receipt of the notice of the redesignation of the service institutions under paragraph (3), shall arrive at and report their arrivals to the newly designated service institutions on a given day. In this case, the period necessary for them to arrive shall be two days and the period shall be calculated into the service period. |
| (5) | The heads of service institutions shall forthwith forward the recruit service record table and the daily evaluation of service of the administrative agency personnel, who are assigned to the newly designated service institutions, to the heads of the newly designated service institutions. |
| (6) | The director of the regional military manpower office, upon receiving the list of the administrative agency personnel falling under Article 32 (1) 4 and 5 of the Act or of the international cooperation service personnel falling under Article 32 (5) 4 of the Act, shall designate the new service institutions. In this case, the provisions of paragraphs (3) through (5) shall apply |
| (7) | The director of the regional military manpower office may, upon receiving the list of the administrative agency personnel falling under Article 32 (1) 5 of the Act, if the causes are recognized for making the redesignation impossible, taking into consideration the scope of area in which a service by attending and leaving office is possible, the peculiarity of service institutions subject to redesignation, and the alloted number of personnel, have them continually serve at the current service institutions, notwithstanding the provisions of paragraph (6). <Added by Presidential Decree No. 17159, Mar. 27, 2001> |
| Article 67 (Management of Manpower of Public Interest Service Personnel) |
| (1) | The director of the regional military manpower office shall manage the register of the order of call-up for the public interest service personnel, the military service record table, etc. with respect to the persons who are to be called up as public interest service personnel. |
| (2) | The heads of service institutions where the administrative agency personnel serve (the Minister of Culture and Tourism in the case of the arts and sports personnel, and the Minister of Foreign Affairs and Trade in the case of the international cooperation service personnel) shall keep on file and manage the register of the public interest service personnel, along with the recruit service record table, and the daily evaluation of service. They shall also record and organize matters of personnel changes, and branch, form and area of service, alteration of the working hours, vacation, call-up for training, execution of service training, and other matters related to the service in the recruit service record table as provided in the provisions of Article 32 of the Act: |
| (3) | The heads of service institutions and others as provided in the provisions of paragraph (2) shall notify without delay the director of the regional military manpower office of the public interest service personnel whose sick leave exceeds thirty days or of the arrest of and other such criminal action against the public interest service personnel on account of their crimes. |
| (4) | The Administrator of the Military Manpower Administration shall determine the necessary matters with regard to the management, etc. of the public interest service personnel, other than the provisions prescribed in paragraphs (1) through (3). |
| Article 68 (Cancellation of Call-up for Public Interest Service Personnel) |
| (1) | The heads of service institutions where the administrative agency personnel serve (in case of the arts and sports personnel, the Minister of Culture and Tourism, and in case of the international cooperation service personnel, the Minister of Foreign Affairs and Trade) shall deliver the register, the recruit service record table, and the certificate of the military service of persons whose service period is to expire, as provided in the provisions of Article 56, to the director of the regional military manpower office no later than the 10th of the month prior to the month of service expiration. <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| (2) | The director of the regional military manpower office shall specify the day of cancellation of the call-up on the first of the month on which the cancellation of the call-up is to be executed, and accordingly dispose the cancellation of the call-up. He shall forward the document that has the record of disposition for the cancellation of the call-up for the public interest service personnel and the certificate of the military service, which records and organizes the facts of the cancellation, to the heads of service institutions as provided in the provisions of paragraph (1), and shall have the certificate of the military service delivered to the person in question on the day of such cancellation. |
Section 2 Service of Public Health Doctors
| Article 69 (Transfer to Public Health Doctors, etc.) |
| (1) | The Minister of Health and Welfare, the Minister of Foreign Affairs and Trade, or the Minister of Justice shall consult with the Administrator of the Military Manpower Administration by September 30 of every year with regard to the plan for the supply and demand of manpower, including the required number of personnel who are to serve as public health doctors, international cooperation doctors or public-service advocate in the following year. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15919, Oct. 21, 1998> |
| (2) | Persons who fall under any subparagraph of Article 34 (1) of the Act and wish to be enlisted as public health doctors, persons who fall under Article 34 (1) 2 of the Act and wish to be enlisted as doctors in exclusive charge of the draft physical, and persons who fall under any subparagraph of Article 34-2 (1) of the Act and wish to be enlisted as public-service advocates shall submit applications for enlistments as public health doctors, doctors in exclusive charge of the draft physical or public-service advocates (including applications filled out in the form of e-document) to the Administrator of the Military Manpower Administration not later than February 10 of the year of enlistment, after having gone through the head of the school, the head of the training center, or the head of the internship organization where they are enrolled: |
| (3) | The Administrator of the Military Manpower Administration may have persons falling under Article 34 (1) 2 or 34-2 (1) 1 and 2 of the Act enlisted as public health doctors or as public-service advocates with priority. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 17718, Aug. 21, 2002> |
| (4) | The Administrator of the Military Manpower Adminstration shall determine the required number of the doctors in exclusive charge of the draft physical according to their specialties and preferentially enlist the persons falling under Article 34 (1) 2 of the Act into the doctors in exclusive charge of the draft physical. <Added by Presidential Decree No. 16149, Mar. 3, 1999> |
| (5) | The enlistment of international cooperation doctors shall consist of persons who fall under any subparagraph of Article 34 (1) of the Act and have been selected or nominated as international cooperation doctor personnel by the Minister of Foreign Affairs and Trade in accordance with the International Cooperation Personnel Act. <Amended by Presidential Decree No. 15919, Oct. 21, 1998> |
| (6) | The Administrator of the Military Manpower Administration shall notify the Minister of Health and Welfare, the Minister of Foreign Affairs and Trade, or the Minister of Justice of the register of persons who have enlisted as public health doctors, international cooperation doctors, or public-service advocates, as provided in the provisions of Articles 34 (1) and 34-2 (1) of the Act. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15919, Oct. 21, 1998> |
| (7) | Upon receiving the register, as provided in the provisions of paragraph (5), the Minister of Health and Welfare, the Minister of Foreign Affairs and Trade, or the Minister of Justice shall determine the area of duty, and shall notify the Administrator of the Military Manpower Administration following the placement of the public health doctors, international cooperation doctors or public-service advocates. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15919, Oct. 21, 1998> |
| (8) | Deleted. <by Presidential Decree No. 17159, Mar. 27, 2001> |
| (9) | Necessary matters with regard to the standard of enlistment of public health doctors, doctors in exclusive charge of the draft physical, international cooperation doctors or public-service advocates shall be determined by the Administrator of the Military Manpower Administration. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 69-2 (Service of Doctors in Exclusive Charge of Draft Physical, etc.) |
| (1) | The Administrator of the Military Manpower Administration shall conduct on-the-job education for the newly enlisted doctors in exclusive charge of the draft physical pursuant to the provisions of Article 34-3 (2) of the Act and order them to work on the draft physical with written medical service orders designating their workplaces and medical fields. |
| (2) | The doctors in exclusive charge of the draft physical shall be deemed to be appointed on the date entered in the written medical service orders referred to in paragraph (1). In this case, the medical service orders issued by the Administrator of the Military Manpower Administration shall be deemed to be the employment contract for contract public officials. |
| (3) | The Administrator of the Military Manpower Administration shall issue the written medical service orders referred to in paragraph (1) so as to make them delivered to persons to be appointed as the doctors in exclusive charge of the draft physical before they start the medical service. The Administrator of the Military Manpower Administration shall also notify the director of the regional military manpower office of their appointments. |
| (4) | The director of the regional military manpower office, upon receiving the notification referred to in paragraph (3), shall keep the roster of the doctors in exclusive charge of the draft physical as prescribed by the Ministerial Decree of National Defense and enter their personnel changes and the state of their services in the roster. |
| (5) | The director of the regional military manpower office shall evaluate the job performance of the doctors in exclusive charge of the draft physical according to the evaluation paper for the job performance of the doctors in exclusive charge of the draft physical as prescribed by the Ministerial Decree of National Defense and report their job performance evaluations to the Administrator of the Military Manpower Administration within 15 days after the end of every half term of the year. |
| (6) | The remunerations paid to the doctors in exclusive charge of the draft physical under Article 34-3 (1) of the Act shall be equal to the remunerations paid to the public health doctors under the Enforcement Decree of the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages. |
[This Article Added by Presidential Decree No. 16149, Apr. 3, 1999]
| Article 69-3 (On-the-Job Education and Training for Doctors in Exclusive Charge of Draft Physical) |
| (1) | The Administrator of the Military Manpower Administration shall conduct the on-the-job education on the standards for taking military service dispositions and the application of the rules on making physical grades in the process of the draft physical, etc. for the doctors in exclusive charge of the draft physical enlisted under Article 34-3 (2) of the Act. |
| (2) | The Administrator of the Military Manpower Administration, when he calls the doctors in exclusive charge of the draft physical to conduct the on-the-job education, shall make a document stating the names of the doctors in exclusive charge of the draft physical called, the place where they are report and other necessary matters delivered to each of the doctors in exclusive charge of the draft physical 3 days before they are called. |
| (3) | Heads of military hospitals, etc. who conduct the training for the doctors in exclusive charge of the draft physical under Article 34-3 (2) of the Act, shall offer conveniences necessary for the training during the training period and supervise the service of the doctors in exclusive charge of the draft physical according to the standards for the service of military officers in their hospitals. The heads of the military hospitals shall notify the Administrator of the Military Manpower Administration of the results of the training at the end of the training. |
| (4) | The period and the courses for the on-the-job education and the training referred to in paragraphs (1) and (3) shall be determined by the Administrator of the Military Manpower Administration. |
| (5) | The Administrator of the Military Manpower Administration may pay travel expenses to the doctors in exclusive charge of the draft physical within the limits of budget during the period for which they participate in the on-the-job education and the training under paragraphs (1) and (3). |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 69-4 (Desertion of Service Areas by Doctors in Exclusive Charge of Draft Physical, etc.) |
| (1) | The director of the regional military manpower office, when any of the doctors in exclusive charge of the draft physical is found to have deserted their service areas or engage in a job other than the draft physical in violation of Article 34-3 (4) of the Act, shall report the fact to the Administrator of the Military Manpower Administration. |
| (2) | The director of the regional military manpower office, when any of the doctors in exclusive charge of the draft physical is found to be unable to serve for not less than one month on the grounds of a long-term hospitalization or a long-term medical treatment which has nothing to do with his service, shall report to the Administrator of the Military Manpower Administration, expressly indicating the reasons thereof. |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 69-5 (Order on Extending Service Period) |
The Administrator of the Military Manpower Administration, when he extends the service period for any of the doctors in exclusive charge of the draft physical under the provisions of Articles 34-5 and 35 (2) of the Act, shall promptly deliver a written order on extending the service period, expressly indicating the extended service period and reasons thereof to each of the doctors concerned and then notify the director of the regional military manpower office concerned of the fact.
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 70 (Calculation of Period of Service of Public Health Doctors, etc.) |
| (1) | The period of service of the public health doctors, the doctors in exclusive charge of the draft physical, or the international cooperation doctors, or the public-service advocates shall be computed from the first day of service in the pertinent field. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999> |
| (2) | A period during the period of service of the public health doctors or doctors in exclusive charge of the draft physical that falls under any of the following, shall not be calculated in the obligatory period of service. In such case, the Minister of Health and Welfare or the director of the regional military manpower office shall notify the Administrator of the Military Manpower Administration of the situation within fourteen days of its occurrence: <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999> |
| 1. | The training period in the special field; |
| 2. | Deleted; and <by Presidential Decree No. 14819, Dec. 6, 1995> |
| 3. | The period during which the person could not serve an total of over thirty days due to reasons external to duty such as hospitalization, recuperation, etc. |
| (3) | The period during which the international cooperation doctor could not serve an total of over thirty days in total due to reasons external to duty such as hospitalization, recuperation, etc., shall not be calculated in the period of obligatory service of the international cooperation doctors. In such case, the Minister of Foreign Affairs and Trade shall notify the Administrator of the Military Manpower Administration of the situation within fourteen days of its occurrence. <Amended by Presidential Decree No. 15919, Oct. 21, 1998> |
| (4) | The period during which the public-service advocate could not serve in total over 60 days due to reasons external to duty such as hospitalization, recuperation , etc., shall not be calculated in the period of obligatory service of the public-service advocates. In such case, the Minister of Justice shall notify the Administrator of the Military Manpower Administration of the situation within fourteen days of its occurrence. <Amended by Presidential Decree No. 14819, Dec. 6, 1995> |
| Article 70-2 (Remaining Period of Service, etc., due to Desertion from Service, etc.) |
| (1) | When the Minister of Health and Welfare, the Administrator of the Military Manpower Administration, the Minister of Foreign Affairs and Trade, or the Minister of Justice press charges against the public health doctor, the doctors in exclusive charge of the draft physical, international cooperation doctor, or the public-service advocate who falls under the provisions of subparagraphs 2 and 3 of Article 89-2 of the Act, via the head of the criminal investigative agency in accordance with the provisions of Article 165 (2), he shall have the service of the person charged suspended. <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999> |
| (2) | When the Administrator of the Military Manpower Administration cancels the enlistment of public health doctor, the doctors in exclusive charge of the draft physical, international cooperation doctor, and publicservice advocate in accordance with the provisions of Articles 35 (4) and 35-2 (4) of the Act, with respect to persons whose service has been cancelled as prescribed in the provisions of paragraph (1), he shall notify the pertinent director of the regional military manpower office of the relevant facts. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (3) | With regard to persons who was confirmed not to be sentenced, who have been sentenced and whose sentence execution has been completed or sentenced or who have been confirmed not to have their sentence executed, from among persons whose enlistment has been cancelled in accordance with the provisions of Articles 35 (4) and 35-2 (4) of the Act, the director of the regional military manpower office shall have them called up and serve as administrative agency personnel. |
| (4) | The provisions of Article 56-2 (3) shall apply |
[This Article Added by Presidential Decree No. 14819, Dec. 6, 1995]
| Article 71 (Completion of Service of Public Health Doctors) |
| (1) | The Minister of Health and Welfare, the Minister of Foreign Affairs and Trade, or the Minister of Justice shall, when the period of service of public health doctors, international cooperation doctors, or public-service advocates is to expire, forward the register of prospects for the expiration period of service, recruit service record table, and the certificate of the military service, not later than the 10th of the month preceding the month on which the period of service expires to the Administrator of the Military Manpower Administration. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15919, Oct. 21, 1998> |
| (2) | The Administrator of the Military Manpower Administration shall forward the clearance of the expiration of service, which specifies day of the completion of obligatory service and the certificate of the military service, which records and organizes the facts of the expiration, to the Minister of Health and Welfare, the director of the regional military manpower office, the Minister of Foreign Affairs and Trade, or the Minister of Justice by the first of the month on which the period of service expires. He shall also have the certificate of the military service delivered to the person in question on the day the obligatory service expires. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999> |
Section 3 Service of Technical Research Personnel and Skilled Industrial Personnel
| Article 72 (Standards for Selection of Designated Enterprises such as Reserch Institutes) |
| (1) | The standards for the selection of a research institute in which the technical research personnel will be engaged are as follows: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17442, Dec. 31, 2001> |
| 1. | A research institute in the field of natural sciences shall have se cured at least five personnel (excluding personnels who are responsible for research in the field of medical sciences) responsible for research (in case of an affiliated research institute of a small or medium enterprise in accordance with the Framework Act on Small and Medium Enterprises, 2 personnel suffice) who hold at least a master’s degree in the field of natural sciences; |
| 2. | The research institute in the field of humanities and social sciences shall have secured at least 10 personnel responsible for research who hold at least a master’s degree in the field of humanities and social sciences; |
| 3. | The research institute designated shall be in accordance with the Support of Specific Research Institutions Act (in case of the Korea Science and Technical Institute and the |
| 4. | An excellent collective research institute as provided in the Researches of Basic Sciences Promotion Act; |
| 5. | A graduate school in the field of natural sciences, excluding the field of medicine, which was established in accordance with the Higher Education Act and an affiliated university research institute which is recognized by the Minister of Education and Human Resources Development (hereinafter referred to as the “university research institute”); and |
| 6. | The research institute established under the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, etc. |
| (2) | The standard for the selection of the basic industries in which the skilled industrial personnel will be engaged are as follows: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| 1. | In the field of manufacturing industries: Manufacturing enterprise or information collection and disposition enterprise; |
| 2. | In the field of energy industries: Development and maintenance enterprise or oil refining and natural gas enterprise; |
| 3. | In the field of mining: Enterprise which maintains at least 10 personnel and which operates the mining business of a mineral (excluding coal), or enterprise which is engaged in ore dressing and smelting or in mining over 12,000 tons of coal annually; |
| 4. | In the field of construction industry: Enterprise which maintains at least 100 personnel and which has earned a domestic or overseas construction license or registration and operates domestic or overseas construction; |
| 5. | In the field of fisheries: Enterprise which possesses at least five fishing vessels (including leased vessels) or an enterprise which possesses a vessel which weighs at least a total of 500 tons, all of which operate deep sea fishing or coastal fishing; and |
| 6. | In the field of marine transportation: Enterprise which possesses a vessel that weighs at least a total of 1,500 tons and which operates a maritime shipment, or an enterprise which manages a ship that weighs at least a total of 5,000 tons, for overseas service. |
| (3) | Criteria for selecting a research institute and a defense enterprise in the field of the defense industry in which technical research personnel or skilled industrial personnel will be engaged shall be as stipulated in each following subparagraph: <Amended by Presidential Decree No. 15380, May 27, 1997> |
| 1. | Research institute in the defense industry: A research institute commissioned in accordance with the Act on Special Measures for De fense Industry; and |
| 2. | Defense industry: Enterprise designated in accordance with the Act on Special Measures for Defense Industry (hereinafter includes the military ironworks or the military maintenance unit). |
| (4) | Matters relating to the detailed selection criteria for the designated enterprise where the technical research personnel and the skilled in dustrial personnel serve under paragraphs (1) through (3) shall be set forth by the Administrator of the Military Manpower Administration. <Added by Presidential Decree No. 17159, Mar. 27, 2001> |
| Article 73 (Recommendation for Selection, etc. of Designated Enterprise) |
| (1) | Heads of research institutes or business establishments (referring to the representatives in case of corporations; hereinafter the same shall apply), when they intend to have their institutes and establishments designated under Article 36 (1) of the Act (meaning research institutes or their branches in case of the research institutes, factories or workplaces in case of key industrial establishments or defense establishments, and business establishments in case of other fields; hereinafter the same shall apply), shall obtain recommendations classified by each of the following subparagraphs: <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 17159, Mar. 27, 2001> |
| 1. | For a research institute in the field of natural sciences, a designated research institute in accordance with the Support of Specific Research Institutions Act, an excellent collective research institute in accor dance with the Researches of Basic Sciences Promotion Act, and a research institute established under the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions (limited to a research institute in the field of natural sciences): the Minister of Science and Technology; |
| 2. | For a research institute in the field of humanities and social sciences: the head of the competent central administrative agency; |
| 3. | For a university research institute: the Minister of Education and Human Resources Development; |
| 4. | For a research institute established under the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions (excluding a research institute in the field of natural sciences): the Minister of the Office for Government Policy Coordination; |
| 5. | For a research institute in the defense industry: the head of the science of national defense research; |
| 6. | For basic industries: the head of the competent central administrative agency; and |
| 7. | For a defense industry (includes a research institute in the defense industry where only the skilled industrial personnel may serve, as provided in subparagraph 2 of Article 38 of the Act): the Chairman of the Korea Defense Industry Association. |
| (2) | The head of a research institute or an enterprise who seeks a selection of a designated enterprise shall attach a register, a certified copy of juristic person, and other necessary documents with the application for a selection as a designated enterprise (including any application filled out in the form of e-document) and submit them to the person who has the authority to recommend a selection of a designated enterprise in accordance with the provisions of paragraph (1) (hereinafter referred to as the “person who has the authority to recommend a selection of a designated enterprise) not later than July 31 of every year: |
| (3) | A person who has the authority to recommend a designated enterprise and to whom a written application for a selection as a designated enterprise has been submitted under paragraph (2), shall make a list of the recommendable enterprises of research institutes or enterprises which meet the standards as prescribed in Article 72, and submit it to the Administrator of the Military Manpower Administration together with the written application for a selection as a designated enterprise by August 31 every year (in case of a written application for selection as a designated enterprise which the head of a research institute attached to a venture business has submitted by January 31 every year, by the last day of February every year). <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16668, Dec. 31, 1999> |
| (4) | In the event that information pertaining to necessary documents referred to in paragraph (2) can be confirmed by means of the joint use of administrative information provided for in Article 21 (1) of the Act on Promotion of the Digitalization of Administrative Affairs, etc. for Creation of Digital Government, such confirmation may replace the necessary documents. <Added by Presidential Decree No. 18312, Mar. 17, 2004> |
| Article 74 (Selection of Designated Enterprises) |
| (1) | The Administrator of the Military Manpower Administration, upon receiving applications for selection as a designated enterprise, shall select enterprises to be designated under the provisions of Article 73 (3). <Amended by Presidential Decree No. 16668, Dec. 31, 1999> |
| (2) | The Administrator of the Military Manpower Administration shall notify any person who has the authority to recommend designation of enterprises and the director of the competent regional military manpower |
office (meaning the director of the regional military manpower office or the head of the regional military manpower branch office who has jurisdiction over administrative areas in which designated enterprises and their factories are located; hereinafter the same shall apply) of the selection results. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003>
| (3) | Deleted. <by Presidential Decree No. 16668, Dec. 31, 1999> |
| Article 75 (Notification and Allotment of Required Number of Personnel) |
| (1) | The head of the designated enterprise shall notify the person who has the authority to recommend designation of enterprises of the required number of technical research personnel or industrial technicians next year while the Mayor (including the Special Metropolitan City Mayor and the Metropolitan City Mayor; hereafter the same shall apply in this Section) and the head of |
| (2) | The person who has the authority to recommend a selection of the designated enterprise, the Minister of Agriculture and Forestry, and the Minister of Maritime Affairs and Fisheries shall each notify the Administrator of the Military Manpower Administration of the required number of personnel (in the case of a graduate school of natural science established under the Higher Education Act, referring to the required per sonnel with a division of science and engineering and medical science) according to each designated enterprise for the following year and the required number of personnel according to |
| (3) | The Administrator of the Military Manpower Administration shall allocate, by designated enterprise or by |
| (4) | The Administrator of the Military Manpower Administration shall notify the head of the designated enterprise and the head of |
| Article 76 (Succession of Designated Enterprise) |
| (1) | When an enterprise or research institute which is not selected as a designated enterprise falls under any of the following, it shall be considered as being selected as a designated enterprise: <Amended by Presidential Decree No. 17159, Mar. 27, 2001> |
| 1. | When it takes over or merges with a designated enterprise; and |
| 2. | When it takes over at least 5 fishing vessels, a fishing vessel which weighs at least a total of 500 tons, or a ship for maritime cargo transportation which weighs at least a total of 1,500 tons. |
| (2) | An enterprise considered as being selected as a designated enterprise under paragraph (1) shall submit the documents (including e-documents) as determined by the Ministerial Decree of National Defense to the director of the regional military manpower office within 14 days from the date on which the registration of taking over or merger is completed: |
| Article 77 (Cancellation of Selection of Designated Enterprise) |
| (1) | The Administrator of the Military Manpower Administration may cancel the selection of a designated enterprise when it falls under any of the following: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | When the designated enterprise discontinues its operations or when its operations cease due to bankruptcy; |
| 2. | When the operations of the designated enterprise are suspended for over 6 months, or when it has been ordered to cease operations; |
| 3. | When the recognition and designation of the research institute is cancelled in accordance with relevant Acts and subordinate statutes; |
| 4. | When the commission of a research center of the designated enterprise in the field of the defense industry is cancelled or when the designation as a defense industry is cancelled in accordance with the Act on Special Measures for Defense Industry; |
| 5. | When the designated enterprise under Article 72 (1) or (2) fails to be alloted with or employ technical research personnel or skilled industrial personnel at least for two consecutive years, and they are not on duty; |
| 6. | When the designated enterprise does not meet the standard of selection even after one year has passed since it fell short of the standard of selection as provided in the provisions of Article 72 and technical research personnel or skilled industrial personnel are not on duty; and |
| 7. | When the designated enterprise or its head has been sentenced to a penalty of a fine or severer under the provisions of Articles 84 (2), 85, 92, 93 (3) or 96 of the Act and such penalty has been confirmed. |
| (2) | When a designated enterprise discontinues operations or when it falls short of the standards of selection, as provided in the provisions of Article 72, a person who has the authority to recommend the selection of the designated enterprise shall notify the Administrator of the Military Manpower Administration of the above facts within 30 days of its occurrence. |
| Article 78 (Procedures, etc. for Enlistment in Technical Research Personnel) |
| (1) | Specific standards for majors and degrees, etc. of persons who are entitled to be enlisted as technical research personnel, including per sons who have earned master’s degrees or higher under subparagraph 1 of Article 37 of the Act and other persons who are studying in the doctoral course of natural science under subparagraph 2 of the same Article (including the doctoral course of natural science at the Korea Institute of Science and Technology and the |
| (2) | The Minister of Education and Human Resources Development, when he chooses through examination persons subject to enlistment in the technical research personnel to work at university research institutes, shall notify the Administrator of the Military Manpower Administration of their list. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17115, Jan. 29, 2001> |
| (3) | Any person who wants to be enlisted as one of the technical research personnel under paragraph (1) shall file an application for enlisting the technical researcher personnel (including any application filled out in the form of e-document), accompanied by documents prescribed by the Ministerial Decree of National Defense, with the head of the designated enterprise. <Amended by Presidential Decree No. 18273, Feb. 9, 2004; Presidential Decree No. 18312, Mar. 17, 2004> |
| (4) | The head of the designated enterprise, upon receiving applications for enlisting the technical research personnel, shall determine persons subject to the recommendation and file applications with the director of the competent regional military manpower office within 7 days from the date on which he receives them (in the case of any person who receives an enlistment notice or a call-up notice, his application shall be filed with the director of the competent regional military manpower office on or before 5 days from the date on which he is enlisted or called up) within the limits of the allotment number under the provisions of Article 75 (3): |
| (5) | Deleted. <by Presidential Decree No. 15380, May 27, 1997> |
| (6) | The director of the competent regional military manpower office, who has received the application for enlistment as technical research person nel 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> |
| Article 79 (Enlistment of Persons Who Serve in Field of Basic Industries as Skilled Industrial Personnel) |
| (1) | Persons who may be enlisted as skilled industrial personnel in accordance with subparagraphs 1 and 2 of Article 38 of the Act shall be those who fall under the criteria according to classification as prescribed in each of the following subparagraphs from among those who serve in a designated enterprise, and matters related to the detailed enlistment criteria, such as the persons subject to enlistment by field and business classification and the degree of aptitudes required by the military, shall be determined by the Administrator of the Military Manpower Administration: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| 1. | Persons to be enlisted in the active service: persons who fall under the educational criteria of technological qualifications by each scholastic ability as stipulated in the Appendix 2; and |
| 2. | Reservists who are targeted persons of call-up for a public interest service personnel: persons who are engaged in fields as prescribed in Article 83 (1) 2 through 4. |
| (2) | Any person who wishes to be enlisted as a skilled industrial personnel, as provided in the provisions of paragraph (1), shall file an application for enlistment as skilled industrial personnel (including any application filled out in the form of e-documents), attached with documents pre scribed by the Ministerial Decree of National Defense, with the head of the designated enterprise. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18312, Mar. 17, 2004> |
| (3) | The head of the designated enterprise who has received applications for enlistment as skilled industrial personnel, as provided in the provisions of paragraph (2), shall determine the prospects for recommendation within the scope of the alloted personnel as prescribed in the provisions of Article 75 (3), and shall submit the list of such prospects to the director of the competent regional military manpower office within seven days of the day of receipt of such applications (in case of persons who have received the notice of enlistment in the army or call-up, not later than five days before the day of such enlistment in the army or call-up). |
| (4) | With respect to persons who serve in the fields that fall under Article 83 (1) 2 through 4 (in case of fisheries and maritime transportation enterprise, they are limited to those who serve or will serve on board a ship), the director of the competent regional military manpower office, who has received the applications for enlistment as skilled industrial personnel as provided in the provisions of paragraph (3), shall enlist them as skilled industrial personnel, and shall notify the applicants of the facts via the head of the designated enterprise. <Amended by Presidential Decree No. 15380, May 27, 1997> |
| Article 80 (Enlistment of Technical Experts as Skilled Industrial Personnel) |
| (1) | Persons, from among those who have technical skills of which are on a par with international standards (hereinafter referred to as “techni cal experts”), as provided in the provisions of subparagraph 3 of Article 38 of the Act, who may enlist as skilled industrial personnel are those who won at least a third prize in the World Skills Competition. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (2) | Any technical experts as provided in the provisions of paragraph (1) who wish to be enlisted as skilled industrial personnel shall file applications for enlistment as skilled industrial personnel (including any appli cation filled out in the form of e-document) with the director of the competent regional military manpower office (in case of technical experts who do not serve at a designated enterprise, referring to the director of the regional military manpower office; hereinafter the same shall apply) within five days of enlistment in the army or call-up. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18312, Mar. 17, 2004> |
| (3) | The director of the competent regional military manpower office who has received the applications for enlistment as skilled industrial personnel as provided in the provisions of paragraph (2), shall enlist the proper applicants as skilled industrial personnel and shall notify the applicants of the enlistment. |
| (4) | With regard to persons who have won at least a third prize in the World Skills Competition, the Minister of Labor shall notify the Admin istrator of the Military Manpower Administration of that register within thirty days of the conclusion of the competition, and the Administrator of the Military Manpower Administration shall notify without delay the director of the competent regional military manpower office of the fact. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 81 (Enlistment of Persons Who Serve in Field of Fisheries and Agriculture as Skilled Industrial Personnel) |
| (1) | Persons who may enlist as skilled industrial personnel in the field of fisheries and agriculture as provided in the provisions of subparagraph 4 of Article 38 of the Act, are those who fall under any of the following: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 18377, Apr. 24, 2004> |
| 1. | Succeeding operator of a farming business and successors of fishermen: Persons who engage in agriculture as the succeeding operator of a farming business and successors under the Framework Act on Agricultural Industry and Rural Community and other persons who engage in fisheries as the successors of fishermen under the Act on the Special Measures for Development of Agricultural and Fishing Villages (hereinafter referred to as the “succeeding operator of a farming business and successors of fishermen”): |
| 2. | Personnel who operate the agricultural machinery of an agricultural company: Persons who hold the technical qualifications in the field of machinery in accordance with the National Technical Qualifications Act and serve as personnel to operate the agricultural machinery for the agricultural company in accordance with the Framework Act on Agriculture and Rural Community; and |
| 3. | Agricultural machinery repair personnel who serve in the field of agricultural machinery after-sales service: Persons who have technical qualification in the field of machinery in accordance with the National Technical Qualifications Act and who serve as agricultural machinery repair personnel at agricultural machinery after-sales service establishments under the Agricultural Mechanization Promotion Act. |
| (2) | Any person who wishes to be enlisted as a skilled industrial person under paragraph (1) shall file an application for enlistment as skilled industrial personnel (including any application filled out in the form of e-document), attached with documents prescribed by the Ministry of National Defense, with the head of competent |
| (3) | The head of |
| (4) | The director of the regional military manpower office who has received applications for enlistment as skilled industrial personnel as provided in the provisions of paragraph (3) shall enlist persons who fall under the provisions of paragraphs (1) through (3) as skilled industrial personnel, and shall notify the applicants via the head of |
| Article 81-2 (Restrictions on Enlistment of Technical Research Personnel and Skilled Industrial Personnel) |
| (1) | The head of the designated enterprise shall, upon receiving any application for the enlistment of any of the technical research personnel or any of the skilled industrial personnel in the military service under the provisions of Articles 78, 79 and 81 or any application for the transfer of any of the technical research personnel or any of the skilled industrial personnel from the head of other designated enterprise confirm whether the relevant applicant falls under a person with a blood relationship within cousinship (hereafter in this Article referred to as “person subject to restrictions”) under the provisions of Article 38-2 of the Act. |
| (2) | The head of the designated enterprise shall file an application with the director of the competent regional military manpower office only for the enlistment or the transfer of any of the technical personnel or any of the skilled industrial personnel, who is not the person subject to restrictions, as a result of the confirmation referred to in paragraph (1). |
| (3) | The director of the competent regional military manpower office may ask, when it is deemed necessary to confirm whether any applicant is a person subject to restrictions after receiving any application filed under paragraph (2), the head of the designated enterprise to submit documents, including a copy of the family register (including a copy of any one’s removal from the family register) and a copy of the corporation register, etc. and to state his opinion, and the head of the designated enterprise shall comply with such request. |
| (4) | Necessary matters concerning time and ways for submitting and managing documents and for stating opinions, etc. shall be set and published by the Administrator of the Military Manpower Administration. |
[This Article Added by Presidential Decree No. 18273, Feb. 9, 2004]
| Article 82 (Administration of Human Resources including Technical Research Personnel) |
| (1) | The head of the competent regional military manpower office shall manage the rosters and the military service record tables of persons who are working as technical research personnel and skilled industrial personnel after being enlisted as the personnel under the provisions of Articles 78 through 81. |
| (2) | The head of the designated enterprise, the head of the agricultural technology center (where no agricultural technology center is in existence, he means the head of competent |
| (3) | The head of the designated enterprise, the head of the agricultural technology center, or the head of the office of Maritime Affairs & Fisheries, who is assigned to supervise the service of the technical research personnel and the skilled industrial personnel under paragraph (2), shall manage their rosters and service records (hereinafter referred to as the “service records”), and matters related to the service such as the suspension of business, the discontinuation of business or the closure of the business by the designated enterprise, the transfer of the technical research personnel and the skilled industrial personnel from other designated enterprise or area, the leave of absence, the suspension of service, secondment, changes in the assigned service, education and training, the embarkment and disembarkment of ships, sick leave, overseas travels, study for a doctor’s degree and the call-up for training shall be entered in the service records. <Added by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 18254, Jan. 29, 2004> |
| (4) | The head of |
| 1. | Whether the skilled industrial personnel in the field of agriculture or fishery have been laid off or quit; |
| 2. | Whether the skilled industrial personnel are engaged in the field concerned at the time of being enlisted; |
| 3. | Whether their technical qualifications and licenses have been can celled or suspended or they have lost their qualifications as the successors of farmers or as fishermen; |
| 4. | Whether the designated enterprise has suspended or discontinued its business or its business has been suspended; |
| 5. | Whether the designated enterprise has altered its name or changed its location, and whether the business places of the successors of farmers and fishermen have been changed; |
| 6. | The notice of any change in personal affairs and the situation of management of human resources by the head of the designated enter prise, the head of the agricultural technology center or the head of the office of Maritime Affairs & Fisheries; and |
| 7. | Other matters related to the compulsory service of the skilled indus trial personnel in the field of agriculture and fishery. |
| (5) | The head of |
| Article 83 (Pertinent Fields, etc., Where Technical Research Personnel and Skilled Industrial Personnel are to Serve, etc.) |
| (1) | The pertinent fields where the technical research personnel and skilled industrial personnel are to serve in accordance with the provi sions of Article 39 of the Act shall be what fall under each of the following subparagraphs. In this case, they are prohibited from performing other duties: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | Technical Research Personnel: A field of research at the time of enlistment of the technical research personnel or the field recognized by the Administrator of the Military Manpower Administration: |
| 2. | Skilled industrial personnel who serve at the basic industries of manufacturing, mining, and energy or at the defense industry: A service field for which they hold qualifications at the time of enlistment of skilled industrial personnel, or the field recognized by the Administrator of the Military Manpower Administration: |
| 3. | Skilled industrial personnel who serve at basic industries in the field of construction: A service field for they hold qualifications in domestic or overseas construction business: |
| 4. | Skilled industrial personnel who serve at basic industries in the field of fisheries and maritime transportation: A field for the license of a certified marine technician pursuant to the Ship Personnel Act or of the technology pursuant to the National Technical Qualifications Act from among fields related to vessel embarkation in an ocean, coast or marine transportation business (in case of persons who are enlisted as skilled industrial personnels as reservists who are targeted persons of muster as a public interest service personnel, the field of vessel embarkation). In these cases, where the person gets off the vessel during his service on board a vessel, he shall get on board the vessel within three months (the period of paid vacation as provided in the Seafarers Act is not included), and the period during which he is off the ship shall not exceed a total of three months per year, barring any unavoidable circumstances; |
| 5. | Skilled industry personnel who are technical experts: A field of pertinent technical skill at the time of the enlistment of the skilled industrial personnel; and |
| 6. | Skilled industrial personnel who serve in the field of farming and fishing: A field of farming and fishing, operation of agricultural machinery, or agricultural machinery after-sale service at the time of enlistment of the skilled industrial personnel. |
| (2) | A technical research personnel or a skilled industrial personnel, when unable to be engaged in fields pursuant to paragraph (1) of this Article because the payment of wages is 3 months or longer in arrears due to aggravation of management of a designated enterprise, etc. or because the operation of a designated enterprise is suspended due to dishonour, etc. during a period of responsible engagement, shall report to the director of the competent regional military manpower office within 30 days from the date when such causes occurred. <Added by Presidential Decree No. 15380, May 27, 1997> |
| (3) | Persons who are to be enlisted as technical research personnel or skilled industrial personnel shall submit a letter of the oath of faithful service (including any letter of the oath of faithful service that is written in the form of e-document) as determined by the Ministerial Decree of national Defense to the director of the competent regional military manpower office in accordance with the provisions of Article 39 (4) of the Act. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| (4) | The director of the competent regional military manpower office may educate the technical research personnel and the skilled industrial personnel about matters they have to abide by and systems involving them during the period of their mandatory services under the conditions prescribed by the Administrator of the Military Manpower Administration and ask the head of the designated enterprise to cooperate with him conducting such education. <Added by Presidential Decree No. 18273, Feb. 9, 2004> |
| Article 84 Deleted.<by Presidential Decree No. 15380, May 27, 1997> |
| Article 85 (Transfer of Technical Research Personnel and Skilled Industrial Personnel) |
| (1) | Technical research personnel and skilled industrial personnel shall serve at a designated enterprise at the time of enlistment: |
| 1. | When the designated enterprise where they serve discontinues its operations or when its selection as a designated enterprise is cancelled; |
| 2. | When the designated enterprise where they serve suspends its operations for over 6 months or when it has been ordered to cease operations; |
| 3. | When the recognition as an after-sales service center of agricultural machinery is cancelled; or |
| 4. | When persons who are enrolled in a doctorate program at a graduate school of natural sciences and have enlisted as technical research personnel (hereinafter referred to as “technical research personnel who are enrolled in a doctorate program at a graduate school of natural sciences”) earn a doctorate degree from a pertinent graduate school. |
| (2) | When a technical research personnel or a skilled industrial personnel falls under any one of the following subparagraphs, notwithstanding the main sentence of paragraph (1) of this Article, they may be engaged in another designated enterprise after obtaining approval from the director of the competent regional military manpower office: |
| 1. | When the period under the classification of following items has expired beginning with the time when they were enlisted as technical research personnel or skilled industrial personnel (where they moved to another designated enterprise, the time of such movement): |
| (a) | The technical research personnel: two years; and |
| (b) | The skilled industrial personnel: one year; |
| 2. | When the technical research personnel, enrolled in a doctorate program at a graduate school of natural sciences, complete the doctorate program and wish to serve at another research institute which is a designated enterprise; |
| 3. | When the transfer of personnel is necessary for the production of ma terials of the defense industry or when personnel are unable to serve in the pertinent field of the designated enterprise due to occurrence of such unavoidable circumstances as shutdown, transfer, reduction, etc., of production equipment or field of research; |
| 4. | When personnel who were serving aboard a ship get off the ship on account of the expiration of the contracted period of employment or when reboarding the ship within the period as provided in the proviso of Article 83 (1) 4 is deemed difficult due to repairs, etc. of the ship; |
| 5. | When the payment of wages is the total period of not less than 3 months in arrears due to aggravation of management of a designated enterprise, etc.; |
| 6. | When a person, who was dismissed from a designated enterprise, makes an application for relief to the Labor Relations Commission or institutes a lawsuit in which an effect of dismissal is disputed to a court of law, resulting in a confirmation that the dismissal was il legal or unfair; |
| 7. | and 8. Deleted; and <by Presidential Decree No. 18273, Feb. 9, 2004> |
| 9. | When a person who has been compelled to commit an offense by an instruction from the head of a designated enterprise files a report thereon under Article 91-3 (3) (limited to the reporter in the case of the change of position). |
| (3) | Technical research personnel or skilled industrial personnel who wish to be transferred to another designated enterprise as provided in the provisions of paragraphs (1) and (2), shall be transferred to and be serving at the other designated enterprise within 3 months from the day when the grounds for the transfer occurred, or when the approval for the transfer was obtained (the personnel who serves on board a ship shall be transferred within 3 months from the day they were off the ship), and the period of standby for a transfer to another designated enterprise shall be considered as the period of service in the pertinent field: |
| (4) | When technical research personnel or skilled industrial personnel are transferred to and are serving at another designated enterprise as provided in the provisions of paragraphs (1) through (3), the head of the designated enterprise shall forward their service record table to the head of the newly designated enterprise where they are serving: |
| (5) | Any of the technical research personnel or any of the skilled industrial personnel shall, when he intends to work for another designated enterprise, file an application for approving his transfer to the head of the enterprise for which he is presently working. <Added by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18273, Feb. 9, 2004> |
| (6) | The head of the designated enterprise shall, upon receiving the application for approving the transfer under paragraph (5), file the application (including any application filled out in the form of e-document), accompanied by his opinion on his service of the past and a copy of his service record, to the director of the competent regional military manpower office. <Added by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18312, Mar. 17, 2004> |
| (7) | The director of the regional military manpower office shall, upon receiving the application for the transfer under paragraph (6), notify the head of the designated enterprise for which the appliant is working of whether he approves or not and the head of the designated enterprise shall notify the applicant of the fact. In this case, the director of the competent regional military manpower office shall, when he approves the applicant’s transfer to a designated enterprise in the location of an area outside his jurisdiction, notify the director of the competent regional military manpower office of the fact. <Added by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 86 (Exceptions to Obligatory Service of Skilled Industrial Personnel) |
| (1) | Technical Experts who have enlisted as skilled industrial personnel as provided in the provisions of subparagraph 3 of Article 38 of the Act, may be transferred to and be serving at another designated enterprise as well as serving individually in the technical field in which he served at the time of enlistment (includes service at an enterprise which is not designated) notwithstanding the provisions of Article 85, and in a case where they serve individually, they shall make in person a report on personal changes in the technical experts (including any report compiled in the form of e-document) with regard to personal matters as prescribed in the provisions of Article 91 to the director of the regional military manpower office who had jurisdiction over them at the time of their enlistment as skilled industrial personnel within 14 days of the occurrence of the grounds for a transfer. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 18312, Mar. 17, 2004> |
| (2) | The successors of farmers and fishermen who have enlisted as skilled industrial personnel or persons who serve as operation personnel of the agricultural machinery for an agricultural company in accordance with the provisions of Article 81 (1) 1 and 2 may, notwithstanding the provi sions of Article 83, serve in the field, of which is limited to the leisure season for farmers and that falls under any of the followings: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16668, Dec. 31, 1999> |
| 1. | When the successors of farmers and fishermen serve at a profit-making enterprise outside the realm of agriculture; or |
| 2. | When the operating personnel of agricultural machinery who serve at an agricultural company serves in tasks other than the operation of agricultural machinery, of which are within the realm of the purpose of the founding of the pertinent enterprise. |
| Article 87 (Educational Training, Service While on Dispatch, etc.) |
| (1) | When the head of a designated enterprise, the head of an agricultural technology center or the head of a office of Maritime Affairs & Fisheries intends to make any of the technical research personnel and any of the skilled industrial personnel to undergo a domestic educational training related to the competent field, and to perform a dispatched service within the country in order to perform the related duties (including an official trip; hereafter the same shall apply in this Section) for not less than 3 months during the obligatory service, he shall file an application for approving the education and training and another application for approving the seconded service, together with a copy of service records, to the director of the competent regional military manpower office; and such period of service while on dispatch shall not exceed the period of service in accordance with the classifications as prescribed in each following subparagraph. In this case, the period of domestic education and training and the period of domestic seconded service shall be deemed the period for which he has served in the designated enterprise in the relevant field, and where he is seconded for service at another designated enterprise of the same juristic person, the approval may be substituted by the notification of the personal changes: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18254, Jan. 29, 2004> |
| 1. | Domestic educational training: a period of six months in total during the period of obligatory service; and |
| 2. | Service while on dispatch within the country: a total of two years during the period of obligatory service: |
| (2) | The approval granted by the director of the competent regional military manpower office for the domestic seconded service under paragraph (1) shall be limited to the domestic seconded service, the approval of which is granted, according to the classification falling under each of the following subparagraphs: <Added by Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | In the case of the technical research personnel, the domestic seconded service falling under each of the following items: |
| (a) | The exchange of the domestic seconded service between desig nated enterprises belonging to the same corporation for the purpose of doing the related work or conducting joint research; |
| (b) | The exchange of the domestic seconded service between designated enterprises belonging to different corporations; and |
| (c) | Other domestic seconded service that is recognized by the Administrator of the Military Manpower Administration as being necessary for conducting experiment and operation and offering technical guidance in the field of research and development, etc.; and |
| 2. | In the case of the skilled industrial personnel, the domestic seconded service falling under each of the following items: |
| (a) | The exchange of the domestic seconded service between designated enterprises of the same business type or field; |
| (b) | The domestic seconded service that is rendered for manufacturing and production plants of non-designated enterprises that belong to the same corporation (limited to plants that are registered under Article 16 of the Industrial Cluster Development and Factory Establishment Act); and |
| (c) | Other domestic seconded service that is recognized by the Administrator of the Military Manpower Administration as being necessary to provide technical guidance for the installment or the experimental operation of machinery and equipment, etc. that are manufactured or produced. |
| (3) | The director of the competent regional military manpower office shall, upon receiving the application for approving the education and training and another application for approving the seconded service under paragraph (1), notify the head of the designated enterprise of whether the approves or not. In this case, the head of the designated enterprise shall notify the applicant of the fact. <Added by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | When the head of the designated enterprise, the head of the agricultural technology center or the head of the office of Maritime Affairs & Fisheries wishes to implement a domestic educational training or a service while on dispatch within the country for less than 3 months during the required service, for the execution of related tasks with respect to technical research personnel and skilled industrial personnel, he shall report to the director of the competent regional military manpower office the career changes in accordance with the provisions of Article 91. In such case, the period of domestic educational training or service while on dispatch within the country shall be considered as the period of service in the pertinent field. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18254, Jan. 29, 2004> |
| (5) | When the technical research personnel or skilled industrial personnel wish to go on an official business trip or an overseas trip during the period of obligatory service for the execution of tasks and participation in an overseas internship which is related to the pertinent field, they shall obtain a permission for overseas trip or a permission for an extension of the period of overseas trip from the Administrator of the Military Manpower Administration in accordance with the provisions of Articles 145 and 147, and the period of overseas trip shall be limited to the total period of not more than 2 years. In this case, the period of overseas trip totaling 6 months or less during the period of obligatory service shall be considered as the period of service in the pertinent field, but in cases where a technical research personnel is considered as having obtained the permission for overseas trip because he has fallen under causes, such as joint research, technical training, and technical guidance, etc. related to the pertinent field, as prescribed by the Administrator of the Military Manpower Administration, all of such period of overseas trip shall be considered as the period of service in the pertinent field. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 18273, Feb. 9, 2004> |
| Article 88 (Pursuit of Academic Degree by Technical Research Personnel and Skilled Industrial Personnel) |
| (1) | Technical research personnel and skilled industrial personnel may not pursue an academic degree at an educational agency during their period of obligatory service (hereinafter in case of graduate schools, pursuit of an academic degree refers to an academic course): |
| (2) | When the technical research personnel wish to undertake a doctorate course and earn a degree in the pertinent field at a domestic educational agency notwithstanding the provisions of paragraph (1), the director of the competent regional military manpower office may approve the pursuit of a degree within a limit of a period of three years and may approve an extension of that period within the limit of six months in unavoidable circumstances (in case of the technical research personnel, who are undertaking a doctorate course in natural sciences at a graduate school, the shortest period of the school term during which they undertook a doctorate course shall be considered as having obtained an approval for the academic pursuit and enlistment as technical research personnel at the same time). <Amended by Presidential Decree No. 15380, May 27, 1997> |
| (3) | Persons who wish to obtain an approval for their pursuit of an academic degree in accordance with the provisions of paragraph (2), shall attach a document of admission or materials related to the registration with the application for an approval of the pursuit of an academic degree (including any application filled out in the form of e-document) and shall submit it to the director of the competent regional military manpower office via the head of the designated enterprise 15 days prior to the day of the beginning of a new school term: |
| (4) | The head of the designated enterprise, upon receiving the application for an approval of the pursuit of an academic degree under paragraph (3), shall forward the application, attached with his opinion on the application and a copy of the service records of the applicant, to the director of the competent regional military manpower office. <Added by Presidential Decree No. 16149, Mar. 3, 1999> |
| (5) | The director of the competent regional military manpower office, upon receiving the application for an approval of the pursuit of an academic degree, shall notify the head of the designated enterprise concerned of whether he approves or not and the head of the designated enterprise shall notify the applicant of the fact. <Added by Presidential Decree No. 16149, Mar. 3, 1999> |
| (6) | When technical research personnel pursue an academic degree in violation of the provisions of paragraphs (1) and (2), or when skilled industrial personnel pursue an academic degree in violation of the provisions of paragraph (1), they shall be considered as having not served in the pertinent field of the designated enterprise at the time of their enlistment in accordance with the provisions of subparagraph 2 of Article 40 of the Act. <Amended by Presidential Decree No. 15380, May 27, 1997> |
| Article 89 (Calculation of Period of Obligatory Service) |
| (1) | The period of obligatory service of the technical research personnel and skilled industrial personnel shall be calculated from the day they were enlisted as technical research personnel and skilled industrial personnel (For persons who have been enlisted as skilled industrial personnel and are expected to work on board a ship in the field of fisheries and maritime transportation, the period of obligatory service shall be calculated from the day they get on board the ship): |
| (2) | The period of the obligatory service of the technical research personnel and skilled industrial personnel which falls under any of the following shall not be calculated in the period of required service: |
| 1. | The period of a pursuit of a doctorate degree; |
| 2. | The period of leave of absence (excluding the period of leave of absence given due to injuries, diseases or physical trouble in the course of conducting of business under Article 81 (1) or 83 of the Labor Standards Act) or the period of suspension from office; |
| 3. | The period of suspension of operations, shutdown of operations, or ordered cessation of operations; |
| 4. | The period of overseas trip exceeding a total of six months, or of vacation, temporary rest from service and nonattendance due to disease exceeding a total of three months, during the period of obligatory service; |
| 5. | The period during which persons who are to serve on board a ship exceed the period of standby due to unavoidable circumstances as provided in the proviso of Article 83 (1) 4; |
| 6. | The progressive period, in case where a person who was dismissed from a designated enterprise makes an application for relief to the Labor Relations Commission or institutes a lawsuit in which an effect of dismissal is disputed to a court of law, resulting in the confirmation that the dismissal is lawful; |
| 7. | The period exceeding three months during a waiting period for a change of a designated enterprise; and |
| 8. | The period for which he does not engage in the relevant field of a designated enterprise when he is enlisted under the proviso of Article 41 (1) of the Act. |
| (3) | Deleted. <by Presidential Decree No. 15380, May 27, 1997> |
| Article 90 (Expiration of Period of Obligatory Service) |
| (1) | The head of a designated enterprise, the head of an agricultural technology center or the head of a office of Maritime Affairs & Fisheries shall furnish the list of persons whose period of obligatory service as technical research personnel and skilled industrial personnel is to expire, their certificate of the military service, and their service record table to the competent director of the regional military manpower office by the 10th of the month prior to the expiration of the obligatory service. In such case, for skilled industrial personnel in the field of agriculture and fisheries, the documents mentioned above shall be forwarded to the competent director of the regional military manpower office via the head of |
<Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18254, Jan. 29, 2004>
| (2) | When the technical research personnel and skilled industrial personnel are soon to complete the obligatory service, the competent director of the regional military manpower office shall record the day when they are to complete the obligatory service by the first of the month on which the period of required service expires, shall execute the expiration of the military service, shall each notify the director of the regional military manpower office and the head of a designated enterprise of the abovementioned contents, and shall deliver the person in question the certificate in which the contents of that execution are recorded and arranged via the head of a designated enterprise, the head of an agricultural technology center or the head of a office of Maritime Affairs & Fisheries. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18254, Jan. 29, 2004> |
| (3) | When technical research personnel and skilled industrial personnel have not been called-up for education during the period of obligatory |
service due to such reasons as overseas service or service on board a ship the disposition of expiration of service shall be held in abeyance, and the expiration of service shall be disposed following the call-up for training.
| Article 91 (Notification of Personal Changes, etc.) |
| (1) | When circumstances as provided in the provisions of Article 40 of the Act and one of the circumstances as provided in the followings occur, under which the technical research personnel, skilled industrial personnel or a designated enterprise fall, the head of a designated enterprise, the head of an agricultural technology center or the head of a office of Maritime |
Affairs & Fisheries shall notify the director of the competent regional military manpower office within 14 days of the occurrence (through the head of Si /Gun where any skilled industrial personnel in the field of agriculture and fishery is employed). In the case where circumstances which fall under the provisions of subparagraph 7 of Article 40 of the Act and any of the following subparagraphs 5 through 7 occur, he shall also notify the person who has the authority to recommend a selection of a designated enterprise of them: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18254, Jan. 29, 2004>
| 1. | When the location of a business site of the successors of farmers and fishermen has been changed; |
| 2. | When they have a vacation, temporary rest from service and nonattendance exceeding a total of three months due to a disease, during the period of obligatory service; |
| 3. | When a domestic educational training or a service while on dispatch for the execution of related tasks, all of which are less than 3 months during the period of required service, has been implemented; |
| 4. | When any technical research personnel completes a doctorate course in a graduate school of natural sciences and serves as technical research personnel at a pertinent research institute in accordance with the provisions of Article 88, or obtains a doctorate; |
| 5. | When the operations of a designated enterprise is suspended due to bankruptcy; |
| 6. | When a designated enterprise falls below the selection standard of designated enterprises in accordance with the provisions of Article 72, or when the registration of a factory of the manufacturing enterprise in the field of the manufacturing industry is cancelled in accordance with the Industrial Cluster Development and Factory Establishment Act; |
| 7. | When the title of a designated enterprise or its business type is altered, the size and research field of the research institute is altered, its location is moved, or the registration of an after-sales service business branch of agricultural machinery is cancelled; |
| 8. | When a change of occupation or work on dispatch is made to another designated enterprise of the same juristic person; and |
| 9. | When the number of days of absence without leave or of desertion of one’s job, etc. has been in excess of the number of days of vacation. |
| (2) | When the director of the competent regional military manpower office finds that a designated enterprise shuts down, ceases, closes or discontinues its operations, or is notified of the matters with respect to the alteration of the designated enterprise in accordance with the provisions of paragraph (1) 5 through 7, he shall report to the Administrator of the Military Manpower Administration within 7 days. |
| Article 91-2 (Deferment of Cancellation of Enlistment as Technical Research Personnel, etc.) |
| (1) | When a person who has been dismissed during the period of his obligatory service after being enlisted as a technical research personnel or a skilled industrial personnel wishes the deferment of cancellation of enlistment pursuant to the proviso of Article 41 (1) of the Act, he shall submit the application for deferment of cancellation of enlistment (including any application filled out in the form of e-document) as technical re search personnel or skilled industrial personnel to the director of the competent regional military manpower office within 30 days from the date of being dismissed from the designated enterprise. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| (2) | The director of the competent regional military manpower office, when receiving the application for deferment of cancellation of enlistment as technical research personnel or skilled industrial personnel pursuant to paragraph (1) of this Article, shall make a decision thereon and then hall notify the applicant of the result thereof. |
[This Article Added by Presidential Decree No. 15380, May 27, 1997]
| Article 91-3 (Extended Service of Technical Research Personnel, etc.) |
| (1) | The term “grounds prescribed by the Presidential Decree” in the proviso of Article 41 (1) of the Act means the case where a person falling under the provisions of subparagraph 2 of Article 40 of the Act performs the act of violation against his will under direction of the head of the designated enterprise concerned. |
| (2) | Standards for extending the mandatory service period under the proviso of Article 41 (1) of the Act are as shown in the Appendix 3. |
| (3) | When a person who has been compelled to commit an offense by an instruction from the head of the designated enterprise concerned files a report thereon to the director of the competent regional military man power office, the mandatory service period may not be extended, notwithstanding the provisions of paragraph (2). <Added by Presidential Decree No. 17159, Mar. 27, 2001> |
[This Article Added by Presidential Decree No. 16668, Dec. 31, 1999]
| Article 92 (Disposition of Persons Whose Enlistment as Technical Research Personnel has been Cancelled) |
| (1) | The head of a designated enterprise, when the enlistment of a technical research personnel or a skilled industrial personnel is cancelled pursuant to the provisions of Article 41 (1) of the Act, shall forward the service record to the director of the competent regional military manpower office. <Added by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16668, Dec. 31, 1999> |
| (2) | With respect to persons whose enlistment as technical research personnel and skilled industrial personnel has been cancelled, the competent director of the regional military manpower office shall transfer the jurisdiction of the military register to the director of the regional military manpower office who had jurisdiction over the personnel before they were enlisted as technical research personnel and skilled industrial personnel so that he would be able to impose the military service, upon them in accordance with the provisions of Article 41 (3) of the Act. In such case, the director of the competent regional military manpower office shall record the shortened period of service on the military service record table and transfer the jurisdiction over it to the director of the regional military manpower office who had jurisdiction over the personnel before they were enlisted as technical research personnel and skilled industrial personnel with respect to persons who fall under the main sentence of provisions of paragraph (3). <Amended by Presidential Decree No. 15380, May 27, 1997> |
| (3) | When technical research personnel and skilled industrial personnel enlist as active service corpsman in accordance with the provisions of Article 41 (4) of the Act, or are called-up as public interest service personnel, the General Chief of Staff of each of the three services or the director of the regional military manpower office shall shorten the period of service by 1 month per 4 months for each obligatory engaged period only in a case of the personnel whose obligatory engaged period in the designated enterprise is 1 year or more: |
Section 4 Investigation of the Actual Conditions of the Public Interest Service Personnel
| Article 93 (Investigations of Actual Conditions of Public Interest Service Personnel) |
| (1) | The director of the regional military manpower office or the director of the competent regional military manpower office shall implement a periodical investigation of the actual conditions in each service institution and designated enterprises once a year, or, when necessary, may implement it at any time, for the review of actual conditions of the public interest service personnel, technical research personnel and skilled industrial personnel, actual status of the notification of personal changes and resources of the personnel, grounds for whether or not the cancellation of selection of designated enterprises shall be upheld, and the actual state of the arrangement of related documents, and shall then notify the results of the investigation to the Administrator of the Military Manpower Administration: |
| (2) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | The head of an institution or a designated enterprise, which shall undergo an investigation of actual conditions in accordance with the provisions of paragraph (1), shall actively cooperate with the investi gation of actual conditions. <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
CHAPTER Ⅵ IMPOSITION OF SERVICE, SUCH AS CALL-UP FOR MILITARY FORCE MOBILIZATION
Section 1 Call-Up for Military Force Mobilization
| Article 94 (Planning of Call-Up for Military Force Mobilization) |
| (1) | The Chief of General Staff of each armed force shall submit the plans for operation of military force mobilization, which records the required number of personnel as persons subject to a call-up for the mobilization of military force in the following year, who are classified by the military unit where they are to enlist, military rank, military branch, and military expertise, to the Minister of National Defense by July 31 of every year, and shall obtain his approval. |
| (2) | The Minister of National Defense shall forward the planning for operation of military force mobilization which he has approved in accor dance with the provisions of paragraph (1), to the Administrator of the Military Manpower Administration, and the Chief of General Staff of each armed force by August 31 every year. The Administrator of the Military Manpower Administration who has received the above-mentioned planning for operation of military force mobilization, shall draft a planning for the call-up for military force mobilization and forward it along with the planning for operation of military force mobilization to the director of the regional military manpower office by September 15, while the Chief of General Staff of each armed force shall forward the planning for operation of military force mobilization to the head of the military unit by September 15. The head of the military unit shall forward the table of requirements for military force mobilization which is classified by each military unit, to the director of the regional military manpower office by September 30 every year. |
| (3) | Upon receiving the plans for operation of military force mobilization and the plans for call-up for military force mobilization in accordance with the provisions of paragraph (2), the director of the regional military manpower office shall draft a planning for executing the call-up for military force mobilization, report it to the Administrator of the Military Manpower Administration by November 30 of every year, and forward it to the authorized commander of a military unit under the provisions of Ar ticle 8 of the Enforcement Decree of the Establishment of Homeland Reserve Forces Act. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (4) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| Article 95 (Appointment of Prospects of Call-up for Military Force Mobilization) |
| (1) | When wishing to appoint the prospects of call-up for military force mobilization in accordance with the provisions of Article 45 of the Act, the director of the regional military manpower office shall appoint them after taking into consideration the military rank, branch of the military service, military expertise, requirements for call-up of the military unit, etc. with respect to the prospects of call-up in each region. |
| (2) | Matters with regard to the order and scope of appointment of prospects of call-up for military force mobilization according to service status under paragraph (1), and other necessary matters shall be determined by the Administrator of the Military Manpower Administration. |
| Article 96 (Delivery, etc. of Notice of Call-up for Military Force Mobilization, etc.) |
| (1) | When intending to execute a call-up for military force mobilization pursuant to the provisions of Article 46 (1) of the Act, the director of the regional military manpower office shall forward the notification of call-up for military force mobilization to the principal by post or directly deliver it. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (2) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | Deleted. <by Presidential Decree No. 16668, Dec. 31, 1999> |
| Article 97 (Establishment and Operation of Enlistment Office for Call-up for Military Force Mobilization) |
| (1) | The head of the military unit where prospects are to enlist, shall select a delivery and admission area after consulting with the director of the regional military manpower office and shall establish an enlistment office in order to perform the tasks related to the delivery and admission of persons who are to enlist according to the call-up for the military force mobilization: |
| (2) | The time, procedure, etc. of delivery and admission and other necessary matters with regard to the disposition of enlistment affairs shall be determined by the Administrator of the Military Manpower Administration in consultation with the Chief of General Staff of each armed force. |
| Article 98 (Physical Examination for Enlistment According to Call-up for Military Force Mobilization, Administration of Homecomers, etc.) |
| (1) | With regard to the physical examination for enlistment according to the call-up for military force mobilization, etc. under Article 47 of the Act, the provisions of Article 25 shall apply |
| (2) | With regard to homecomers as provided in the provisions of Article 47 (2) of the Act, whose physical grade is specified, the director of the regional military manpower office shall carry out the assignment of the military service, in accordance with their physical grade, and with regard to persons whose recuperation period is specified, he may call them up or order a reexamination in accordance with the standard determined by the Administrator of the Military Manpower Administration. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 99 (Cancellation of Call-up for Military Force Mobilization) |
The Minister of National Defense may order the cancellation of the call-up for mobilization of military force via the Chief of General Staff of each armed force when one of the following occurs. In such case, the Chief of General Staff of each armed force may entrust the authority to the head of the associated military units:
| 1. | When wartime or emergency has ended; |
| 2. | When the order of military force mobilization has been cancelled; and |
| 3. | When adjustments of the full number of personnel have been deemed necessary. |
Section 2 Call-up for the Military Force Mobilization Training
| Article 100 (Plan for Military Force Mobilization Training) |
| (1) | The Chief of General Staff of each armed force shall submit the planning for operation of the military force mobilization training which records the military force mobilization training of the prospects of the callup for the military force mobilization training of the following year, the form of review, the required number of personnel, classified by each military unit and the day of enlistment, etc., to the Minister of National Defense by October 31 of every year, and obtain his approval. When wishing to make alterations to an already approved planning, the Chief of General Staff of each armed force shall submit the planning for alterations to the Minister of National Defense 60 days prior to the day of enlistment and obtain his approval. |
| (2) | The Minister of National Defense shall forward a plan for operation of the military force mobilization training which he has approved in accordance with the provisions of paragraph (1), each to the Administrator of the Military Manpower Administration and the Chief of General Staff of each armed force by November 21 of every year (in case of the plan for alterations, 40 days prior to the day of enlistment), the Administrator of the Military Manpower Administration who has received the above-mentioned plan shall draft a plan for call-up for military force mobilization training to the director of the regional military manpower office by December 31 of every year, while the Chief of General Staff of each armed force shall forward the operational plan for the military force mobilization training to the head of the military unit where persons are to enlist, the head of |
| (3) | Upon receiving the plan for call-up for military force mobilization training in accordance with the provisions of paragraph (2), the director of the regional military manpower office shall draft an execution plan for call-up for military force mobilization training, report it to the Administrator of the Military Manpower Administration by December 31 of every year (in case of the plan of alterations, the plan shall be reported without delay) and forward it to the head of the military unit where the persons are to enlist. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (4) | When the director of the regional military manpower office drafts and reports an execution plan for call-up for military force mobilization training under paragraph (3), he shall draft a detailed execution plan for call-up for military force mobilization training, which includes the measures for various supports, such as transportation, provision of meals, etc., and forward it to the head of the military unit where the persons are to enlist not later than the end of February each year. <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| (5) | In a case of unforseen training or inspection in preparation for a callup for military force mobilization, the deadline for the drafting and forwarding of the operational plan for the military force mobilization training, etc. may be shortened notwithstanding the provisions of paragraphs (1) through (3). |
| Article 101 (Service, etc. of Notice of Call-up for Military Force Mobilization Training) |
| (1) | When wishing to execute a call-up for the military force mobilization training with respect to the prospects of the call-up for the military force mobilization training, the director of the regional military manpower office shall serve the notification of call-up for the military force mobilization training on the principal by post not later than 7 days prior to the day of enlistment, or directly deliver it. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| (2) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | The prospects of call-up for the military force mobilization training, who received the notification of call-up for the military force mobilization training prior to having moved their residence, shall be enlisted in accordance with the contents of the notification even after they have moved their residence. In case there is a public notice on the call-up for the military force mobilization training under the provisions of Article 50 (4) of the Act, they shall be enlisted according to the public notice: |
| (4) | In case where the call-up for the military force mobilization training, etc., are executed without having designated the date of enlistment beforehand pursuant to the operational plan for the military force mobilization training, the period of service of the notification of the call-up for the military force mobilization training may be shortened notwithstanding the provisions of paragraph (1). <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| Article 102 (Establishment and Operation of Enlistment Office for Callup for Military Force Mobilization Training) |
With regard to the period and procedure of delivery and admission of persons who are to enlist according to the call-up for the military force mobilization training and the execution of other enlistment tasks, the provisions of Article 97 shall apply mutatis mutandis .
| Article 103 (Physical Examination for Enlistment on Account of Call-up for Military Force Mobilization Training, Disposition of Homecomers, etc.) |
| (1) | With respect to the physical examination for enlistment on account of the call-up for the military force mobilization training , etc., in accordance with the provisions of Article 51 of the Act, the provisions of Article 25 shall apply |
| (2) | The director of the regional military manpower office may call up again the persons who have returned home in accordance with the provisions of Article 51 (2) of the Act, to the military unit where they are to enlist on the next date of enlistment or may exempt them from the callup for training in the same year. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 104 (Cancellation of Call-up for Military Force Mobilization Training) |
The head of the military unit shall cancel the call-up for the military force mobilization training when persons who are in service on account of the call-up for the military force mobilization training fall under any of the following:
| 1. | When the period of call-up in accordance with the provisions of Article 49 of the Act expires; |
| 2. | When the mobilization of military force is called; or |
| 3. | When the Minister of National Defense deems the call-up for the mobilization of military force training unnecessary. |
Section 3 Call-up for Wartime Labor
| Article 105 (Planning, etc. for Call-Up for Wartime Labor) |
| (1) | With regard to the planning for call-up for wartime labor, designation of persons subject to call-up, delivery of the notification, establishment and operation of the enlistment office, physical examination for enlistment, disposition of homecomers, cancellation of the call-up, etc. in accordance with the provisions of Article 53 of the Act, provisions of Articles 94 through 99 shall apply |
| (2) | When executing the inspection in preparation for the call-up of labor during the time of war as provided in the provisions of Article 53 (2) of the Act, the provisions of Articles 100 through 104 shall apply |
Section 4 Call-up for Training
| Article 106 (Call-Up for Training of Recruit) |
| (1) | The director of the regional military manpower office shall report the personnel who is subject for a call-up for training of the recruit, which is to be executed in the following year, to the Administrator of the Military Manpower Administration no later than July 31 of every year. |
| (2) | Upon receiving the report in accordance with the provisions of para graph (1), the Administrator of the Military Manpower Administration shall put together the report and notify the Chief of General Staff of each armed force of the report, and the Chief of General Staff of each armed force, who has been notified, shall draft a planning for operation of a call-up for training, which records the required number of personnel for each military unit where they are enlisted and the date of enlistment of the persons subject to call-up for training, and shall obtain the approval of the Minister of National Defense no later than September 30 of every year. |
| (3) | The Minister of National Defense shall forward the planning for operation of call-up for training which he has approved in accordance with the provisions of paragraph (2), each to the Administrator of the Military Manpower Administration and the Chief of General Staff of each armed force. The Administrator of the Military Manpower Administration who has received the above-mentioned planning shall draft a planning for enlistment on account of the call-up for training and forward it to the director of the regional military manpower office, while the Chief of Gen eral Staff of each armed force shall forward the planning for operation of the call-up for training to the head of the military unit where men are enlisted without delay. |
| (4) | Upon receiving the planning for operation of the call-up for training in accordance with the provisions of paragraph (3), the head of the military unit where men are enlisted shall notify the director of the regional military manpower office of the planning personnel for the call-up for training, which has to be classified by the date of enlistment, no later than November 30 of every year. |
| (5) | Upon receiving the planning for enlistment on account of call-up for training in accordance with the provisions of paragraph (3), the director of the regional military manpower office shall draft a planning for operation of the enlistment on account of call-up for training, report it to the Administrator of the Military Manpower Administration, and forward it to the head of the military unit where men are enlisted. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| Article 107 (Execution of Call-Up for Training) |
The call-up for training of the recruit shall be executed according to the place of residence location of job, or the agency where they are associated, and according to the following classifications: <Amended by Presidential Decree No. 16149, Mar. 3, 1999>
| 1. | Public interest service personnel: The same time as the call-up for public interest service personnel: |
| 2. | Public health doctors, doctors in exclusive charge of the draft physical, international cooperation doctors, or public-service advocates: Before they are enrolled on the military register as public health doctors, international cooperation doctors or public-service advocates, and are stationed in the service institutions; |
| 3. | Technical research personnel and skilled industrial personnel: Execute during the period of the obligatory service: |
| 4. | Crew of an intercontinental ship whose call-up as public interest service personnel has been postponed for not less than 3 years: When the reasons for the postponement have been resolved. |
| Article 108 (Period of Call-up for Training) |
The period of call-up for training of the recruit in accordance with the provisions of Article 55 (1) of the Act shall be no longer than 30 days: Provided , That when the Minister of National Defense deems it necessary, the period may be extended for no longer than 30 days.
| Article 109 (Service of Notice of Call-up for Training) |
| (1) | With regard to the service of the notification of call-up for training of the recruit, the provisions of Article 21 shall apply |
| (2) | When the notification of call-up for public interest service personnel has been served upon persons who have been called up as public interest service personnel and for training at the same time in accordance with the provisions of subparagraph 1 of Article 107, the notification of callup for training shall be considered as having been served in accordance with the provisions of paragraph (1). In such case, matters with regard to the notification of call-up for training shall be recorded in the notification of call-up of public interest service personnel. |
| (3) | Upon receiving the register of persons who are to enlist and their military service record table, the head of the military unit where men are to enlist, shall forward the register of persons who have enlisted (it may be substituted with a document of a personnel order) and the register of persons who have not enlisted (including the homecomers) along with their military service record table to the director of the regional military manpower office without delay. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 110 (Establishment and Operation of Enlistment Office for Call-up for Training, etc.) |
| (1) | With regard to matters for the delivery and admission of the persons who have been called up for training in the recruit including the establishment and operation of the enlistment office for call-up for training, physical examination at the gathering area, report of postponed enlistment, physical examination for enlistment, administration of homecomers, etc., the provisions of Articles 22 through 26 shall apply |
| (2) | Where the provisions of Article 26 are applied |
| Article 111 (Disposition of Retirees from Service during Call-up for Training) |
With regard to persons who retire from service during their call-up for training on such grounds as illness or unavoidable circumstances, the director of the regional military manpower office shall execute the call-up for training once again after the grounds as mentioned above are resolved.
| Article 112 (Cancellation of Call-up for Training, etc.) |
| (1) | The head of the military unit shall cancel the call-up for training when persons who have been called up for training fall under any of the following: |
| 1. | When the period of call-up for education, as prescribed in Article 108, expires; or |
| 2. | When the Minister of National Defense deems the call-up for training unnecessary. |
| (2) | When the head of the military unit has cancelled the call-up for training, he shall forward the register of persons whose call-up has been cancelled (may be substituted with a document of a personnel order) and their military service record table to the director of the regional military manpower office. |
| (3) | Delivery and admission of public interest service personnel whose call- |
up for training has been cancelled in accordance with the provisions of paragraph (1) 1, shall be conducted by the head of the military unit where they are enlisted, the director of the regional military manpower office, or the heads of service institutions (in the case of art and sports personnel, the Minister of Culture and Tourism, and in the case of international cooperation service personnel, the Minister of Foreign Affairs and Trade) at the military unit: Provided , That the delivery of personnel whose callup for training has been cancelled to the heads of service institutions may be substituted by a forwarding of the roster of those who were called up for public interest service. <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001>
| Article 113 (Grant of Service Number, Military Rank, etc.) |
The head of the military unit where men are enlisted shall grant the service number, military rank, and military expertise with respect to the recruits who have been called up for training in accordance with the provisions of Article 55 (1) of the Act.
| Article 114 (Call-up for Training of Second Militia Service) |
With regard to the call-up for training of the second militia service in accordance with the proviso of Article 55 (1) of the Act, the provisions of Article 106 and the main sentence of Article 107, and Articles 108 through 113 shall apply mutatis mutandis .
| Article 115 (Call-up for Training of Reserve) |
| (1) | When the Chief of General Staff of each armed force wishes to execute the call-up for training in accordance with the provisions of Article 55 (2) of the Act for the purpose of granting the qualification necessary for the appointment of a commissioned officer or promoting a person in the reserve service, recruit service, or second militia service, he shall draft a planning for operation of the call-up for training, and obtain the approval of the Minister of National Defense no later than 60 days prior to the date of enlistment. |
| (2) | The Minister of National Defense shall forward the planning for operation of the call-up for training, which he has approved in accordance with the provisions of paragraph (1), no later than 40 days prior to the date of enlistment, to the Chief of General Staff of each armed force, who, upon receipt of the above-mentioned planning, shall forward it to the head of the military unit for the call-up for training without delay. |
| (3) | Necessary matters with regard to the selection of the prospects for call-up for training and the service of the notification of the call-up, educational training and grant of qualification, etc. shall be determined by the Minister of National Defense. |
CHAPTER Ⅶ STUDENTS MILITARY TRAINING, AND ENROLLMENT OF MEDICAL OFFICERS, ETC. IN MILITARY REGISTER
| Article 116 (Students Military Training) |
| (1) | Necessary matters with regard to the initiation of the military training, the period of the military service of persons who have received military training, the reduction in the period of the military service of the public interest service personnel, military enlistment of a commissioned officer or an assistant officer in the active service, etc. under Article 57 of the Act shall be determined separately by the Presidential Decree. <Amended by Presidential Decree No. 17158, Mar. 27, 2001> |
| (2) | With regard to persons who have enrolled on the military register of the active service in accordance with the provisions of paragraph (1), the Chief of General Staff of each armed force shall forward the register of the persons who have enlisted in the active service (may be substituted with a document of a personnel order) to the director of the regional military manpower office (including the head of the branch office of Military Manpower Administration: hereafter in this Chapter the same shall |
apply), who, upon receipt of the above-mentioned register, shall forward it to the head of the military unit where they are enlisted. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003>
| Article 117 (Disposition of Persons who have been Removed from Register of Student Military Cadets) |
| (1) | When the Chief of General Staff of each armed force removes the student military cadets referred to in Article 57 (2) of the Act from the register of student military cadets in accordance with the provisions of Article 6 of the Presidential Decree on the Implementation of Student Military Education, he shall forward the register and the grounds for the removal to the Administrator of the Military Manpower Administration within 14 days from the removal. The Administrator of the Military Manpower Administration, who has received the above-mentioned register and grounds for the removal, shall forward them to the director of the regional military manpower office without delay and have him return the persons in question to service with their standing prior to their enlistment and call them up as enlisted personnel of the active service or public interest service personnel: |
| (2) | Upon receiving the register of persons who have been removed from the register in accordance with the provisions of paragraph (1), the director of the regional military manpower office may continue to postpone the enlistment or call-up with respect to persons who have been removed from the register and who fall under the grounds for disqualification from the enlistment as commissioned or assistant officers in accordance with the provisions of Article 10 of the Military Personnel Management Act, persons who did not receive the obligatory military training or who failed in the evaluation of the military training or persons who cannot graduate until they complete the obligatory course of military training. In case where persons who have been removed from the register are struck with an illness or physical and mental disability, they may be subject to the disposition of the military service under Article 135 (2), following a physical examination at the site of the draft physical or at a military hospital. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17158, Mar. 27, 2001> |
| Article 118 (Application for Medical, Judicial, and Religious Officers, etc.) |
Persons who wish to apply for enrollment on the military register of active service officers in the field of medical affairs, legal affairs, and religious affairs under Article 58 (1) of the Act shall submit the application for enrollment (including any application filled out in the form of e-document) to the Administrator of the Military Manpower Administration by October 31 prior to the year on which they are to enlist, via the head of the university, the head of an internship institution, or the head of a religious group where they are enrolled. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18312, Mar. 17, 2004>
| Article 118-2 (Standards for Selection of Religions Subject to Transfer to Military Religious Fields on Military Register) |
The standards for selecting religions subject to the transfer to the military religious fields on the military register provided for in Article 58 (1) of the Act shall be as follows:
| 1. | Any religion that needs to have the socially accepted dogma as a religion and the organizations of its own and to be vigorously involved in training and educating clergymen; |
| 2. | Any religion that needs to have the dogma and the contents, etc. of which serve to establish a right sense of values, to foster the morality and to bolster the combat valor of the military personnel; and |
| 3. | Any religion that needs to be recognized as necessary to be selected as a religion practiced in the military in view of the number of its believers both in the entire nation and the military and the possibility of its smoothly holding religious ceremonies and events, etc. |
[This Article Added by Presidential Decree No. 18098, Sep. 15, 2003]
| Article 118-3 (Standards and Procedures for Selecting Active Duty Chap lains) |
| (1) | Active duty chaplains under Article 58 (1) of the Act shall be se lected from among the persons falling under any of the following subparagraphs: |
| 1. | Persons who are ministers, Fathers and monks with each of them holding the bachelor’s degree or higher, and other persons who are qualified to perform the same duties as the former; |
| 2. | Persons who are able to qualify themselves to perform the duties referred to in subparagraph 1 prior to the date on which they are enlisted in the military; and |
| 3. | Persons who are transferred to active duty chaplain candidates on the military register under Article 58 (2) of the Act. |
| (2) | The Minister of National Defense shall, when he intends to select any active duty chaplain from among the persons falling under any subparagraph of paragraph (1), first ask the relevant religious organization to recommend him and then select him as an active duty chaplain upon the recommendation of such religious organization. |
| (3) | Specific matters necessary for the selection of active duty chaplain shall be prescribed by the Ministerial Decree of National Defense. |
[This Article Added by Presidential Decree No. 18098, Sep. 15, 2003]
| Article 119 (Transfer to Medical, Judicial and Religious Cadet Officers) |
| (1) | Persons who may enroll on the military register of cadets in the field of medical, judicial, or religious cadet officers under Article 58 (2) of the Act are those who fall under any of the followings from among the persons subject to the draft physical, persons subject to enlistment in the active service, and persons subject to call-up for public interest service personnel: <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18098, Sep. 15, 2003> |
| 1. | In the field of medical affairs, persons who are undertaking a required course at a military medical agency designated by the Minister of National Defense (hereinafter referred to as “military medical personnel”), and who can complete the course by the time they reach the age of 33; |
| 2. | In the field of legal affairs, persons who are undertaking a required course at the Judicial Research and Training Institute and who can complete the course by the time they reach the age of 30; and |
| 3. | In the field of military religious affairs, persons who are enrolled at any theology school, any Buddhist university or any university established to educate clergymen that is designated by the Minister of National Defense, and who can complete the course by the time they reach the age of 28. |
| (2) | Persons who fall under the provisions of paragraph (1) and who wish to apply for medical cadet officers, and persons who wish to apply for judicial cadet officers, shall file applications for medical and judicial cadet officers (including applications filled out in the form of e-document), respectively, to the Administrator of the Military Manpower Administration via the head of a pertinent training agency or an internship agency by not later than February 10 of the year in which they are employed as military medical personnel, and no later than March 31 of the year on which they enroll at an internship agency, respectively, and the persons who wish to apply for the military religious cadet officers shall submit an application for the military religious cadet officer (including any application filled out in the form of e-document) pursuant to the procedures for application and selection, etc. as determined by the Minister of National Defense. In such case, if he is not enrolled in the military register of active duty officers in the medical or judicial field, the purports of desiring to be enrolled as the public health doctor, doctor in exclusive charge of draft physical, or public-service advocate may be entered in his written application. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18312, Mar. 17, 2004> |
| (3) | When having selected medical, judicial and religious cadet officers from among the applicants in accordance with the provisions of para graph (2), the Administrator of the Military Manpower Administration shall forward the register of such prospects each to the head of a pertinent training agency, an internship agency, and the director of the regional military manpower office. the director of the regional military manpower office who has received the above-mentioned register shall enroll the cadets on the register of medical, judicial and religious cadet officers. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (4) | With regard to medical, judicial and religious cadet officers who have completed the required course before they reached the age limit in accordance with the provisions of paragraph (1), but who have not obtained the qualification in accordance with each subparagraph of Article 58 (1) of the Act, they may be continuously managed as the medical, judicial and religious cadet officers until they reach the age limit. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 119-2 (Committee on Examination and Management of Chaplains) |
| (1) | The Committee on Examination and Management of Chaplains (here after in this Article referred to as the “Committee”) provided for in Article 58 (7) of the Act shall consist of not less than 7 members and not more than 11 members, including one chairman. |
| (2) | The Assistant Minister of National Defense shall be the chairman of the Committee and the members of the Committee shall be the persons falling under each of the following subparagraphs: |
| 1. | The head of the bureau in charge of the personnel affairs and welfare in the Ministry of National Defense; |
| 2. | The head of the division in charge of the military religion in the Ministry of National Defense; and |
| 3. | Active duty military officers with their ranks of colonel or higher, public officials in general service or public officers in special service with Grade Ⅳ or higher in their ranks, who all belong to the Ministry of National Defense and are designated by the Minister of National Defense. |
| (3) | The chairman may, if he deems it necessary for the Committee’s fair deliberations and resolutions, get relevant experts to appear and state their opinions at any meeting of the Committee: |
| (4) | The Committee shall deliberate and resolve on the matters of the following subparagraphs: |
| 1. | Matters concerning the selection or the cancellation of the selection of any religion subject to the transfer to the military religious fields on the military register provided for in each subparagraph of Article 118-2; |
| 2. | Matters concerning the selection of active duty chaplains; and |
| 3. | Other matters concerning the operation of the active duty chaplain system. |
| (5) | The Committee’s meetings shall open with the attendance of not less than two thirds of the registered members and resolve with the concurrent vote of a majority of those present. |
| (6) | Relevant experts, etc. who appear and state their opinions at any meeting of the Committee under paragraph (3) may be paid allowances and travel expenses, etc. within limits of budget. |
[This Article Added by Presidential Decree No. 18098, Sep. 15, 2003]
| Article 120 (Notification of Personal Changes of and Management of Medical, Judicial and Religious Cadet Officers) |
| (1) | When medical, judicial and religious cadet officers fall under any of the followings, the head of a pertinent training agency, an internship agency, or a university shall notify the Administrator of the Military Manpower Administration of it within 14 days: <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | When they are withdrawn from school or removed from the register; |
| 2. | When they cannot complete the required course or cannot graduate before they reach the age limit in accordance with the provisions of each subparagraph of Article 119 (1); |
| 3. | When military medical personnel change the training agency, designated by the director of the regional military manpower office, or the course of academic specialty at their own discretion without having obtained permission from the Administrator of the Military Manpower Administration; |
| 4. | When they fall under any of subparagraphs of Article 62 (1) of the Act; and |
| 5. | When military medical personnel have retired from the training agency. |
| (2) | Upon receiving the notification in accordance with the provisions of paragraph (1), the Administrator of the Military Manpower Administration shall forward the above-mentioned register to the director of the regional military manpower office and have him take the necessary measures as follows: <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| 1. | Persons who fall under the provisions of paragraph (1) 1 or 2: They shall be removed from the register of medical, judicial and religious cadet officers, and returned to service in the active service or called up as public interest service personnel with their standing prior to their enlistment in the active service: |
| 2. | Persons who fall under the provisions of paragraph (2) 3 or 5: They shall not be removed from the military register and shall be enlisted as military medical cadets; and |
| 3. | Persons who fall under the provisions of paragraph (1) 4: They shall be removed from the pertinent military register, and persons who fall under Article 62 (1) 1 of the Act shall be enlisted in the second militia service, while persons who fall under the provisions of Article 62 (1) 2 shall be enlisted in the recruit. |
| Article 121 (Enlistment of Medical, Judicial and Religious Officers) |
| (1) | The Minister of National Defense shall send the basic plan for enlistment of persons who are to be enrolled on the military register of the active service officers (including the medical, judicial and religious cadet officers and hereinafter referred to as the “medical, judicial and religious officers”) and active service officers in the basic service branch (hereinafter referred to as the “officers in the basic service branch”) in accordance with the provisions of Articles 58 and 59 of the Act and active service officers in the field of basic branch of service, to the director of the regional military manpower office and the Chief of General Staff of each of the three services no later than 40 days from the date of enlistment. The director of the regional military manpower office shall draft an enlistment planning and forward it to the director of the regional military manpower office while the Chief of General Staff of each of the three services shall draft an training planning and forward it to the head of each military unit where they are to enlist. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (2) | With regard to persons who have applied for enrollment on the military register of the medical, judicial and religious officers and officers of the basic service branch, the Minister of National Defense shall re ceive the register of the applicants from the director of the regional military manpower office and forward the list of persons who are to enlist as prospects of enrollment on the military register of active service officers to the director of the regional military manpower office via the Administrator of the Military Manpower Administration 20 days prior to the date of enlistment. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (3) | The director of the regional military manpower office shall serve the notification of enlistment in the active service on the prospects of enrollment on the military register of the medical, judicial and religious officers and officers of the basic service branch according to the enlistment plan under paragraph (1), and have them enlist in a military unit. The list of persons to be enlisted and the records of their military service shall be forwarded to the head of the military unit in which they are to be enlisted. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | The head of the military unit where men are to enlist shall implement the obligatory military training with respect to persons who have enlisted in accordance with the provisions of paragraph (3), and shall report the register to the Minister of National Defense via the Chief of General Staff of each of the three services in which they serve, 10 days prior to the completion of the training. |
| (5) | Upon receiving the report in accordance with the provisions of paragraph (4), the Minister of National Defense shall enroll the persons who are to be enrolled on the military register of the medical, judicial and religious officers and officers of the basic service branch, on the military register of the active service officers on the day following the day of completion of military training. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 122 (Physical Examination for Enlistment of Medical, Judicial and Religious Officers) |
| (1) | With regard to the physical examination for enlistment, etc. of persons who have enlisted in accordance with the provisions of Article 121, the provisions of Article 25 shall apply |
| (2) | With respect to any person who is sent home after being disqualified for the military service under Article 58 (5) of the Act, the director of the regional military manpower office shall get him to undergo the second physical examination at the draft physical center or the central physical examination agency according to the classification falling under each of the following subparagraphs in accordance with paragraph (6) of the same Article and take a military service disposition or get him to be again enlisted in any military unit according to his physical grade. In this case, with respect to any person whose physical grade is judged Grade Ⅶ as a result of the second physical examination referred to in subparagraphs 1 (b) and 2, the provisions of Article 17 (2) and (3) shall apply |
| 1. | In a case where the period of treatment is explicitly set. In this case, the period of treatment shall be added up from the date on which a physical examination for his enlistment is held: |
| (a) | In a case where the period of treatment is not more than 3 months; he shall be enlisted in any military unit on the date following the date on which the period of treatment expires; and |
| (b) | In a case where the period of treatment is not less than 3 months; the second physical examination shall be held without delay and military service disposition shall be taken according to the results thereof, after the period of treatment expires; and |
| 2. | In a case where the period of treatment is not explicitly set; the second physical examination shall be held without delay and a military service disposition shall be taken according to the results thereof. |
| (3) | Any person whose period of treatment referred to in paragraph (2) 1 (a) is not more than 3 months and any other person whose physical grade falls under Grade Ⅰ through Grade Ⅳ as a result of the physical examination referred to in subparagraph 1 (b) and 2 of the same paragraph shall be again enlisted in any military unit on the next enlistment date and the provisions of paragraph (2) shall apply |
| (4) | With regard to persons enlisted as medical, judicial and religious officers or as active service officers in the basic service branch, who have been recognized as requiring a recuperation period of more than 15 days when suffering from a disease or from a physical or mental disability during the period of military training, the head of the military unit where the persons in question are enlisted shall treat the matter in accordance with the provisions of paragraphs (1) and (2). <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (5) | With regard to persons who are to enlist as prospects of enrollment on the military register of active service officers of medical and legal affairs, etc. in accordance with the provisions of Articles 58 and 59 of the Act, the director of the regional military manpower office shall, after making inquiries to a pertinent government agency about and confirming the pertinent grounds for qualification for or a disqualification from an appointment of commissioned officers, forward the register of persons who fall under the grounds for a disqualification from the appointment to the director of the regional military manpower office, remove the disqualified persons from the military register, and have them return to service in the active service with their standing prior to their enlistment, or call them up as public interest service personnel. |
| Article 123 (Forwarding of Applications for Enlistment as Active Service Officer by Persons Who Passed Public Examination for Employment as Government Officials of Grade Ⅴ, etc.) |
| (1) | The Secretary General of the National Assembly, the head of Court Administration, the Minister of Government Administration and Home Affairs (hereinafter referred to as “head of the testing agency”) shall obtain an application for enlistment of active service officer in the general service branch by persons who are applying for enrollment of the military register of active service officer, from among those who passed the public examination for the employment of government officials of Grade Ⅴ or open examination for Grade Ⅴ public officials in accordance with the provisions of the Decree on the Appointment of Public Officials, and shall forward it to the director of the regional military manpower office within 14 days of the date of the registration in the register persons subject to employment. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 15919, Oct. 21, 1998> |
| (2) | Upon receiving the application in accordance with the provisions of paragraph (1), the director of the regional military manpower office shall confirm the matters of military status of the applicants and for ward the register of prospects of enrollment on the military register of officers in the general service branch, to the head of the testing agency. |
| (3) | Upon receiving the register of names in accordance with the provisions of paragraph (2), the head of the testing agency shall record the status of the prospects of enlistment of officers in the reference column of the register of persons subject to employment, and when persons from among the prospects of enlistment of officers, lose their qualification as persons subject to employment due to the occurrence of the grounds for disqualification from the appointment of government officials or other grounds, he shall notify without delay, the director of the regional military manpower office. The director who has been notified, in turn, shall have them enlisted in the active service. |
| (4) | The director of the regional military manpower office may request the head of the medical, judicial and religious agency or agency for a submission for the register of persons who have the qualification (limited to persons who are not older than 40) in accordance with the provisions of Article 58 (1) of the Act. |
CHAPTER Ⅷ POSTPONEMENT AND REDUCTION OF AND EXEMPTIONFROM THE OBLIGATORY MILITARY SERVICE
| Article 124 (Age Limits by School, etc.) |
| (1) | The conscription or the call-up (hereinafter referred to as the “enlistment, etc.” until Article 129) of persons falling under the provisions of Article 60 (2) 1 or 2 of the Act may be postponed by the time when they turn the age falling under any of the following subparagraphs: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17442, Dec. 31, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| 1. | Until they graduate from high school notwithstanding the age limit; |
| 2. | For a two-year course at a junior college, the age limit is 22, while for a three-year course at a junior college, the age limit is 23; |
| 3. | For a four-year course at a university, the age limit is 24, while for a five-year course at a university, the age limit is 25, and a six-year course at a university, the age limit is 26 (for medical school, dental school, herbal medicine school, and veterinary school, the age limit is 27); |
| 4. | For a two-year course at a graduate school, the age limit is 26, while for a fiveor six-semester course at a graduate school, the age limit is 27 (for a graduate school of medicine, dentistry, herbal, and veterinary medicine, the age limit is 28); and |
| 5. | For a training institute, the age limit is 26. |
| (2) | The scope of schools or training institutes in accordance with the provisions of paragraph (1) shall be as follows: <Amended by Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17138, Feb. 27, 2001; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17442, Dec. 31, 2001; Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | High school: Schools falling under the following items: |
| (a) | High schools, three-year technical high schools and various kinds of schools (limited to the educational institutions similar to high schools or three-year technical high schools) under Article 2 of the Elementary and Secondary Education Act; and |
| (b) | Schools, graduates from which are recognized as having academic attainments eligible for entrance to upper schools, among the lifelong education facilities where a curriculum corresponding to that of high school under Article 20 of the Lifelong Education Act is conducted; |
1-2. Junior college, university and college, etc: Schools or facilities fall ing under the following items:
| (a) | Universities and colleges, industrial colleges (limited to the cases where the curricula equivalent to universities and colleges are fulfilled by attending classes), teachers’ colleges, junior colleges, air and correspondence colleges, technical colleges and various kinds of schools under Article 2 of the Higher Education Act; |
| (b) | Police college under the Establishment of the National Police College Act; |
| (c) | Universities and colleges established in the Korea Advanced Institute of Science and Technology under Article 14 (3) of the Korea Advanced Institute of Science and Technology Act; and |
| (d) | Facilities, the graduates from which are recognized as having academic attainments equal to those from junior colleges or universities and colleges among the distance college style lifelong educational establishment under Article 22 (3) of the Lifelong Education Act; |
| 2. | Graduate school: school that confers the master’s degree or higher (including the Korea Institute of Science and Technology, the |
| 3. | Training Institute: Judicial Research and Training Institute. |
| Article 124-2 (Postponement of Enlistment for Athletes) |
| (1) | Persons falling under any of the following subparagraphs may be permitted to postpone their enlistments under the provisions of Article 60 (2) 3 of the Act: |
| 1. | Persons who are registered as athletes with athletic organizations and recommended by the head of the Korea Sports Council as national athletes; and |
| 2. | Athletes who have established new records in domestic national sports meets, have been credited with enhancing the nation’s prestige abroad and recommended by the Minister of Culture and Tourism from among top athletes under Article 2 (2) of the Enforcement Decree of the National Sports Promotion Act. |
| (2) | With regard to the persons falling under each subparagraph of paragraph (1), their enlistments may be postponed until they turn 27 years old. But the period of postponement may be shortened depending on the supply and demand of military service resources if necessary and the pe riod of postponement by reason and the ceiling of the number of persons by the type of game shall be determined by the Administrator of the Military Manpower Administration. |
| (3) | Persons, who fall under each subparagraph of paragraph (1) and wish to postpone their enlistments, shall file applications for postponing their enlistments (including applications filled out in the form of e-document) to the director of the regional military manpower office by the day preceding the day they are set to be enlisted. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 125 (Postponement of Enlistment of Students) |
| (1) | The head of a school or internship agency, as provided in the provisions of Article 124 (2), shall draft a register of persons who hold a school registration (In case of high schools, it refers to a register of students who are prospects of postponed enlistment, while in case of the internship agencies, it refers to a register of life internship), classified according to |
| (2) | Upon receiving the register of persons who hold a school registration in accordance with the provisions of paragraph (1), the director of the regional military manpower office shall postpone the enlistment, etc., until the reasons for postponement are removed within the age limit as prescribed to various schools, and with regard to persons whose enlistment, etc. cannot be postponed due to other reasons, he shall notify the head of the pertinent school or internship agency of such reasons. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (3) | Matters with regard to drafting and management of the register of persons who hold a school registration shall be determined by the Administrator of the Military Manpower Administration following his consultation with the Minister of Education and Human Resources Development. <Amended by Presidential Decree No. 17115, Jan. 29, 2001> |
| Article 126 (Disposition of Application for Enlistment, etc. of Students) |
| (1) | A person, whose enlistment, etc. has been postponed in accordance with the provisions of Article 125 (2) and who wishes to enlist, etc. during his academic enrollment, shall file an application (including any application filled out in the form of e-document) of enlistment, etc., to the director of the regional military manpower office. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| (2) | With regard to persons who have submitted an application for enlistment, etc. in accordance with the provisions of paragraph (1) and have been disposed as prospects for enlistment in the active service or assigned to the recruit, the director of the regional military manpower office may have them enlisted, etc. on first priority in the year of the submission of the application, or the following year. |
| Article 127 (Disposition of Persons Whose School Registration is Altered) |
| (1) | When persons who are registered on the school register fall under any of the following (hereinafter referred to as “persons whose school registration is altered”), the head of the school or internship agency concerned, as provided in the provisions of Article 124, shall notify the director of the regional military manpower office within 14 days: <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| 1. | A person who is expelled from school or removed from the school register; |
| 2. | Deleted; and <by Presidential Decree No. 16149, Mar. 3, 1999> |
| 3. | A person who changes or enters school. |
| (2) | The Administrator of the Military Manpower Administration may, when he deems necessary, check the actual status of the notification of school registration changes in accordance with the provisions of par agraph (1). |
| Article 127-2 (Handling of Changes in Athletes) |
When anything falling under each of the following subparagraphs occurs to a person, whose military service has been postponed under the provisions of Article 124-2, the head of an agency who has recommended the postponement of his military service shall notify the director of the regional military manpower office or the head of the regional military manpower branch office of the fact within 14 days from the date such thing occurs: <Amended by Presidential Decree No. 18133, Nov. 20, 2003>
| 1. | When he is excluded from a national representative athlete; |
| 2. | When he ceases to be active in the athletic field recommended; and |
| 3. | When he undergoes any changes in his status involving the postponement. |
[This Article Added by Presidential Decree No. 16668, Dec. 31, 1999]
| Article 128 (Postponement of Draft Physical, etc.) |
| (1) | The draft physical or enlistment in the army with respect to crew members who have obtained permission for overseas travel or permission for an extension of the period of overseas travel in accordance with the provisions of Article 70 (1) and (3) of the Act and are on board an intercontinental ship, or with respect to persons who are staying or residing overseas, shall be considered as having been postponed in accordance with Article 60 (1) 1 and 2 or paragraph (2) of the Act. In such case, the draft physical of crew members who are on board a ship shall be postponed until they reach the age of 23. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18273, Feb. 9, 2004> |
| (2) | A person born in Japan or in overseas countries, or persons who have obtained permission for overseas residence and are residing therein, may postpone the draft physical or enlistment in the army on account of the confirmation of the facts by the head of the diplomatic missions abroad, the head of the Immigration Office of the Ministry of Justice, the head of a branch office of the Immigration Office of the Ministry of Justice. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999> |
| (3) | The draft physical or enlistment of persons, who have been arrested or is facing an execution of sentence for their crimes, shall be deemed to have been postponed. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | Where persons, whose draft physical or enlistments have been postponed under paragraph (2), fall under any of the subparagraphs of Article 134 (8), dispositions taken to postpone their draft physical or enlistments shall be canceled and the obligation of the military service may be imposed on them: |
| (5) | The term “any person who is a second generation of the Korean national abroad” in the proviso of paragraph (4) means a person who was born abroad or left Korea before he turned 6 years old and has continued to reside abroad until he turned 18 years old (even if he studied for a total of 3 years at a school provided for in Article 2 of the Elementary and Secondary Education Act, he shall be deemed to have continued to reside abroad) after he and his parents have obtained their nationalities, citizenships and permanent resident statuses (excluding any conditional permanent resident status) from a foreign government or indefinite stay statuses from the government of any foreign nation that has no system by which the permanent resident status is granted. <Added by Presidential Decree No. 18273, Feb. 9, 2004> |
| Article 129 (Postponement of Date of Enlistment, etc.) |
| (1) | A person who may postpone the date of execution of the obligatory military service, in accordance with the provisions of Article 61 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | A person who has difficulty in executing the obligatory military service, on account of disease or physical or mental disability; |
| 2. | A person who is essential in nursing or making funeral arrangements for his linear ascendant and descendant, spouse, brothers, sisters or any family members in the same household who are in critical condition or have died; |
| 3. | A person who is essential in rebuilding in the aftermath of a natural disaster and other calamities; |
| 4. | A person whose whereabouts are unknown; |
| 5. | A person who is awaiting an examination or the results of the examination, after responding to the solicitation of each of the three services: |
| 6. | A person who obtained permission for overseas travel and are await ing to depart; |
| 7. | A person who is applying for entrance examinations of various levels of schools; and |
| 8. | A person who has difficulty in executing the obligatory military service, due to other unavoidable reasons. |
| (2) | With regard to persons who fall under any subparagraph of para graph (1), the total period for fulfilling their obligations of the military service may be postponed within the limits of 2 years (in the cases of those who have obtained postponement of enlistment until 28 years old under Article 124 (1) 4 or those who have obtained permits to travel abroad until they turn 28 years old under the proviso of Article 147 (4), their obligations of the military service may be postponed within the limit of a total of one year): |
| (3) | A person falling under any of subparagraphs of paragraph (1) who intends to obtain a deferment of the date of draft physical or enlistment, etc. shall file an application for a deferment (including any application filled out in the form of e-document) to the director of the regional military manpower office on or by 5 days before the said date: |
| (4) | The director of regional military manpower office shall, when he receives an application for postponing the military service under para graph (3), decide whether to approve the application or not. <Added by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (5) | With regard to persons who have been granted a postponement of the date of execution of the obligatory the military service, on account of the grounds, as provided in the provisions of paragraph (1) 1 and who are deemed incapable of fulfilling the duties of the military service, on account of disease or mental or physical disability in accordance with the provisions of Article 65 (1) 1 and 2 of the Act, the director of the regional military manpower office may alter the execution of the military service, following a physical examination at a center for the draft physical or at a military hospital. In such case, with regard to persons who are obviously and apparently handicapped, as provided in the provisions of each subparagraph of Article 134 (1), he may alter the execution of the military service without conducting a physical examination. With regard to persons from among those who have been granted a postponement of the date of call-up of public interest service personnel, who are found to have been held at a hospital or a sanatorium for more than a year due to mental disability, he may enlist them in the second militia service without conducting a physical examination. |
| (6) | Matters necessary to set the period of postponement by reason and restrictions on the frequency of postponement shall be determined by the Administrator of the Military Manpower Administration. <Added by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 130 (Enlistment in Second Militia Service Due to Domestic Affairs, etc.) |
| (1) | The scope of “persons who are sole providers of the livelihood for his family” pursuant to the provisions of Article 62 (1) 1 of the Act, subsequent to a classification of the family members into the bread earner, dependants, or self-supporter pursuant to the criteria under the following provisions of subparagraphs 1 through 3, 5 and 6, shall be the persons who fall within the scope of assets and incomes under the provisions of subparagraph 7, in case where there exist no bread earners but only the dependents from among his family members, or in case where even there exist any bread earners, it exceeds the financial ability as provided in subparagraph 4: <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| 1. | Males between the age of 20 and 54 and females between the age of 20 and 44 shall be considered as bread earners; |
| 2. | Males and females who are not over than the age of 19 and males older than the age of 60, and females older than the age of 50 shall be considered as dependants; |
| 3. | Males between the age of 55 and 59 and females between the age of 45 and 49 shall be considered as bread earners, or capable of supporting themselves, instead of dependants; |
| 4. | The number of dependants which exceeds the financial ability of one bread earner to support the family shall be as follows; |
| 5. | Persons from among bread earners or self-supporters who require a recuperation period of more than 6 months on account of disease or physical or mental disability shall be considered as dependants; |
| 6. | Persons who have been called up as full time reserve or public in terest service personnel shall be considered as dependants (includes persons who have and have not received a notification of the call-up for public interest service personnel and who submitted an application for reduction of or exemption from the military service, due to reasons of difficulty in supporting the family in accordance with the provisions of Article 132) while persons who have been called up as active service corpsman shall be considered as self-supporters (includes persons who received the notification of enlistment in the active service); and |
| 7. | The scope and standard of the wealth and income of persons, who cannot support their livelihood shall be determined by the director of the regional military manpower office after taking into consideration the academic background, job, means of supporting livelihood, etc., of the persons in question. |
| (2) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | With regard to persons deemed unable to actually support themselves even though they do not fall under the standard as provided in the provisions on of paragraph (1), the director of the regional military manpower office shall confirm their status, and may enlist them in the second militia service in accordance with the provisions of Article 62 (1) 1 of the Act. In such case, the standards, etc. for enlisting in the second militia service shall be determined by the Administrator of the Military Manpower Administration. <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| (4) | The disposition of enlistment of persons who fall under the provisions of Article 62 (1) 1 of the Act in the second militia service shall be carried out in accordance with the following classification: |
| 1. | When two people from one household, one person being the subject of call-up or conscription and the other being in the military service, (including the military service of persons called up as public interest service personnel; hereafter the same shall apply in this Article), the person whose remaining period of the military service, is not more than 6 months, shall be enlisted in the second militia service, while in case of the person whose remaining period of the military service, is not less than 6 months, either the person in the military service, or the person who is the subject of a call-up or conscription shall be en listed in the second militia service according to the wishes of either one; and |
| 2. | When not less than two people from one household are in the military service at the same time, one person may be enlisted in the second militia service according to the wishes of the family: |
| (5) | The provisions of Article 62 (1) 2 of the Act shall not apply to persons who were adopted, and “persons killed on the battlefield or on duty or who became disabled owing to any war or official wound” in the same subparagraph means persons who fall under any of the following: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17361, Sep. 15, 2001> |
| 1. | The deceased soldiers and policemen, soldiers who died in line of duty, soldiers and policemen wounded in war, and soldiers wounded in line of duty whose disability degree is Grade Ⅵ or higher in accordance with the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State; |
| 2. | A person who was called-up or mobilized in the reserve, recruit or second militia service, in accordance with this Act or the Establishment of Homeland Reserve Forces Act, and who was killed in war or in line of duty, or who sustained Grade Ⅵ or higher disability in war or in line of duty; and |
| 3. | A person who was killed in war or in line of duty or who sustained Grade Ⅵ or higher disability in war or in line of duty during the period of their seconded service as correctional facility guards, obligatory fire-fighting unit members, or riot police personnel under Article 24 or 25 of the Act. |
| (6) | With respect to persons who fall under the provisions of Article 62 (1) 2 of the Act and who wish to submit an application for enlistment in the recruit, the head of the regional office of patriots and veterans affairs and the Director of the Regional Office of Patriots and Veterans Affairs shall issue a confirmation report related to the facts of being killed in action, etc. |
| Article 130-2 (Difficult Livelihood Deliberative Committee) |
| (1) | The Difficult Livelihood Deliberative Committee shall be each set up in the regional military manpower office and the regional military manpower branch office with the mandate to deliberate any disposition taken to reduce or exempt the military service for any person whose livelihood is difficult under Article 62 (1) 1 of the Act and Article 130 of this Decree in order to ensure the fairness and objectiveness of such disposition. |
| (2) | The Difficult Livelihood Deliberative Committee shall consist of not more than 10 members, including one chairman. |
| (3) | The chairman of the Difficult Livelihood Deliberative Committee shall be a person who is designated by the director of the regional military manpower office or the head of regional military manpower branch office from among conscription officers or public officials with the position of the head of division in charge of conscription and call-up affairs who belong to the regional military manpower office or the regional military manpower branch office and its members shall be persons who are designated or commissioned by the director of the regional military man power office or the head of regional military manpower branch office from among public officials with the positions of the heads of divisions and public officials of Grade Ⅵ or Ⅶ in their ranks in charge of the reduction and exemption of the military service who all belong to the regional military manpower office or the regional military manpower branch office and other persons who are recognized to be necessary to ensure the fairness and objectiveness of military service dispositions. |
| (4) | Necessary matters concerning the composition and operation, etc. of the Difficult Livelihood Deliberative Committee shall be prescribed by the Administrator of the Military Manpower Administration. |
[This Article Added by Presidential Decree No. 18273, Feb. 9, 2004]
| Article 131 (Scope of Family, etc.) |
The scope of “family” in Articles 62 (1) 1, 64, 65 and the proviso of 70 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 18273, Feb. 9, 2004>
| 1. | The scope of the “family” in accordance with the provisions of Article 62 (1) 1 of the Act shall include spouse, linear ascendant and descendant, siblings, spouses of siblings and their linear descendant (including biological mother, her linear ascendant, linear ascendant of the spouse, and persons who are actually sharing the same livelihood even though they are not on the same family register). In such case, the standard of determining whether or not they share a same livelihood shall be determined by the Administrator of the Military Manpower Administration; and |
| 2. | The scope of “family” in Articles 64 (1) 2, 65 (1) 2 and the proviso of 70 (2) of the Act, shall include parents, spouse, linear descendant and siblings, who share the same family register, and persons in the family for whom a separate branch of family is established for reasons other than marriage, shall be considered as sharing the same family register: |
| Article 132 (Submission of Application for Reduction of and Exemption from Military Service on Account of Domestic Reason) |
| (1) | A person who desires to enlist in the second militia service pursuant to the provisions of Article 62 (1) 1 or (2) of the Act shall submit a written application for reduction of and exemption from the military service due to difficulties in supporting livelihood to the director of the regional military manpower office. the director of the regional military manpower office in receipt of it shall confirm the family relations, assets, incomes, etc., of the persons subject to reduction of and exemption from the military service under the provisions of Article 130 (1) 7. In such case, he shall make reference and confirm the asset data, such as lands and buildings, etc. under the provisions of Article 80 of the Act, the situations of payment and receipt of pays under the National Basic Living Security Act, and the situations of the disabled persons’ registration under the Welfare of Disabled Persons Act, etc. to the heads of competent local governments, the financial property, such as the deposits, to the head of related financial institution, the incomes, etc. to the heads of competent tax offices and the National Pension Corporation, respectively, and in case where it is required to obtain the written consent of a person subject to military service and of family members at the time of making reference pursuant to the related Acts and subordinate statutes, he shall make reference by appending the said written consent. <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| (2) | A person who wishes to submit an application for reduction of and exemption from the military service (including any application filled out in the form of e-document), on account of difficulties in supporting livelihood in accordance with the provisions of paragraph (1) and who are subject for enlistment in active service, may file an application 5 days prior to the date of enlistment after receiving the notification of enlistment in the active service, while persons who are prospects of enlist ment in the recruit, may submit the application one year after undergoing the draft physical. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| (3) | A person who wishes to enlist in the recruit in accordance with the provisions of Article 62 (1) 2 of the Act, shall file an application for enlistment in the recruit (including any application filled out in the form of e-document) and the confirmation report of the applicable facts (including any confirmation report filled out in the form of e-document) as prescribed in the provisions of Article 130 (6) to the director of the regional military manpower office. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| Article 133 (Transfer, etc. Due to Domestic Reasons) |
| (1) | With regard to the submission of the application for reduction of or exemption from the military service, by persons who wish to enlist in the second militia service in accordance with the provisions of Article 63 (1) of the Act, the provisions of Article 132 (1) shall apply, and with regard to the submission of the application for reduction of and exemption from the military service, by persons who request a reduction in the period of the military service, in accordance with the provisions of Article 63 (2) of the Act, the provisions of Article 132 (3) shall apply |
| (2) | In case where the director of the regional military manpower office has received the application for reduction of and exemption from the military service, in accordance with the provisions of paragraph (1), he shall make a request for a reduction in the period of the military service, or enlistment in the recruit or the second militia service with respect to active service corpsman (including persons who are in service in accordance with the provisions of Articles 21, 24, and 25 of the Act; hereafter the same shall apply in this Article) from among persons who fall under the provisions of Article 62 (1) 1 or 2, to the Chief of General Staff of each of the three services, and with respect to persons called up as public interest service personnel and are currently in service, he shall reduce the service period or cancel the call-up. |
| (3) | When the Chief of General Staff of each of the three services or the head of the pertinent military unit has received the request, as provided in the provisions of paragraph (2), he shall enlist persons who fall under the provisions of Article 62 (1) 1 of the Act in the second militia service within one month, while he shall enlist persons who fall under Article 62 (1) 2 of the Act in the recruit one month after the day on which the period of the military service, expires in accordance with the provisions of Article 63 (2) of the Act (for persons whose period of the military service, has already expired, the enlistment in the recruit shall be executed without delay). |
| (4) | Persons who wish to enlist in the second militia service in accor dance with the provisions of Article 63 (3) of the Act and persons who want a cancellation or postponement of the call-up for mobilization of military forces or call-up for labor during war, shall file an application for reduction of or exemption from the military service, on account of difficulty in maintaining livelihood (including any application filled out in the form of e-document), and with regard to the procedure for submission and processing of the application, the provisions with regard to the sub mission and processing of the application of reduction of or exemption from the military service in the active service from among the provisions of paragraphs (1) through (3), shall apply |
| (5) | When falsehood is discovered in the contents of the submitted application of persons who are enlisted in the second militia or the recruit or whose call-up had been cancelled in accordance with the provisions of paragraph (2), (3) or (4), and accordingly a mistake had been made in the disposition of the military service, the director of the regional military manpower office shall request the Chief of the General Staff of each of the three services or the head of the pertinent military unit to cancel the disposition of the military service, of the enlisted men who are in service on account of the call-up for active service or mobilization of military force or the call-up for labor during war, and to have them return to service and complete their remaining period of the military service, and he shall have the Chief of General Staff of each of the three services or the head of the pertinent military unit cancel the disposition of the military service, of persons who were in service as public interest service personnel and have them complete the remaining period of the military service. <Amended by Presidential Decree No. 15380, May 27, 1997> |
| Article 134 (Exemption of Persons in First Militia Service from Military Service) |
| (1) | The scope of “visibly disabled persons, such as persons with overall deformity, etc.” in the provisions of Article 64 (1) 1 of the Act shall in clude persons who fall under any of the following: <Amended by Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| 1. | A person who requires a guardian or a protector on account of an incurable mental illness or handicap from which they have been suffering for not less than two years since the outbreak; |
| 2. | A person of dwarfism, person with severe vertebral deformation, person who does not have a nose, or person who does not have one or both ears; |
| 3. | A person who cannot speak, hear, or see (includes persons who can see only through a single eye); |
| 4. | A person who cannot engage in severe physical activity due to paralysis or shortened limbs; |
| 5. | A patient of Hansen’s disease; |
| 6. | A person who is missing not less than three fingers or toes; and |
| 7. | Other persons who do not fall under any of subparagraphs 1 through 6 and who are of physical disability Grades Ⅰ through Ⅵ in accordance with the Welfare of Disabled Persons Act. |
| (2) | A person who wishes to be exempted from the military service in accordance with the provisions of Article 64 (1) 1 or 3 of the Act shall file an application for exemption from the military service (including any application filled out in the form of e-document), to the director of the regional military manpower office, by the day preceding the date of the draft physical. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18312, Mar. 17, 2004> |
| (3) | Upon receiving the application for exemption from the military service in accordance with the provisions of paragraph (2), the director of the regional military manpower office shall confirm the verity of the grounds for exemption. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (4) | With regard to persons registered as handicapped in accordance with the Welfare of Disabled Persons Act, and persons registered as patients of Hansen’s disease in the public health center, the director of the regional military manpower office may confirm the facts of the said registrations, and examine whether or not they fall under those subject to a disposal of military service under the provisions of Article 64 (1) 1 of the Act without such persons’ applications notwithstanding the provisions of paragraphs (2) and (3). <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (5) | Upon receiving the application for exemption from the military service pursuant to paragraph (2) and confirming the facts pursuant to para graph (4), the director of the regional military manpower office may exempt qualified persons from the military service, or enlist them in the second militia service judging the persons according to the standard of physical Grade as provided in the provisions of Article 12 (4) of the Act. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (6) | A person who falls under the provisions of Article 64 (1) 2 or 65 (2) (the latter part) of the Act and who wishes to be exempted from the military service, shall submit an application for exemption from the military service, to the competent head of diplomatic missions abroad, and the competent head of diplomatic missions abroad who has received the application shall confirm whether or not the qualification for permanent residence or indefinite stay has been obtained, and shall forward it to the Administrator of the Military Manpower Administration. |
| (7) | Upon receiving the application for exemption from the military service in accordance with the provisions of paragraph (6), the Administrator of the Military Manpower Administration shall forward it to the pertinent director of the regional military manpower office, and have him dispose the exemption from the military service. |
| (8) | With regard to persons who have been exempted from the military service in accordance with the provisions of paragraph (7) and who fall under any of the following, the disposition of exemption from the military service, and the permission for overseas travel may be cancelled, and the obligatory military service may be imposed in accordance with Article 65 (4) of the Act: |
| 1. | A person who has returned home from abroad for the purpose of residing permanently herein; |
| 2. | A person who has stayed in Korea for one year or longer. In this case, the period of the domestic stay shall be calculated from the day when he entered Korea, and in case where he reenters Korea within six months after departing Korea, he shall be considered as having continued staying in the country, except in case where a person who falls under any cause of the following items stays in the country for a period up to 60 days: |
| (a) | When he is a student and he visits his mother country during vacation; |
| (b) | When a person employed in a foreign company makes a business trip to Korea (excluding a person working in a branch office of a foreign company); |
| (c) | When he gets married or attends funerals, the 60th birthday anniversaries, or weddings for his or his spouse’s brothers, sisters, or lineal ascendants or descendants; and |
| (d) | When he attends an athletic sports game managed by any sport institution affiliated with the Korea Sports Council as a player or a person in charge; |
| 3. | A person who has been staying in Korea for not less than one year after graduating, finishing, being temporarily absent or being expelled from domestic educational institutions under the provisions of Article 124 and other person who has been staying in Korea for not less than one year including the period of his study, whose parent or spouse has been staying in Korea for not less than one year. In this case, the period of the stay for them in Korea shall be calculated according to the provisions of the later part of subparagraph 2; and |
| 4. | A person who engages in profit-making activities as notified by the Administrator of the Military Manpower Administration, such as domestic employment. |
| (9) | A person, who wants to be enlisted in the second militia service under Article 64 (1) 4 of the Act, shall file an application for enlisting him in the second militia service (including any application filled out in the form of e-document) to the director of the regional military man power office by the day preceding the day the draft physical is conducted for him. <Added by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18312, Mar. 17, 2004> |
| (10) | The director of the regional military manpower office, upon receiving the application under paragraph (9), may enlist him into the second militia service without having him go through the draft physical. <Added by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 135 (Alterations in Military Service Disposition of Prospects of Enlistment in Active Service) |
| (1) | Prospects of enlistment in the active service, persons in the recruit service (excluding persons who are in service on account of the call-up of military force mobilization), persons in the reserve service (excluding persons who are in service on account of being called up as full time reserve and call-up of the military force mobilization), or persons in the second militia service (excluding persons who are in service on account of the call-up for wartime labor) who wish to have the disposition of the military service altered due to an injury sustained while on duty, ill ness or physical or mental disability in accordance with the provisions of Article 65 (1) 1 and (2) of the Act, shall submit an application for alteration of the disposition of the military service, to the director of the regional military manpower office. In such case, persons who have re ceived the notification of enlistment in the active service or the notification of the call-up of public interest service personnel, shall submit the application by the day preceding the date of the enlistment or callup, while persons who are in service as public interest service personnel, public health doctors, international cooperation doctors, or publicservice advocates shall submit the application via the head of the agency where they serve. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15380, May 27, 1997> |
| (2) | Upon receiving the application for alteration of the disposition of the military service in accordance with the provisions of paragraph (1), the director of the regional military manpower office shall carry out the physical examination at the central physical examination agency, the site of the draft physical or at a military hospital and alter the disposition of the military service of pertinent people as follows: |
| 1. | Persons who are of physical Grade Ⅴ shall be enlisted in the second militia service, while persons who are of physical Grade Ⅵ shall be exempted from the military service; |
| 2. | Prospects of enlistment in the active service or the recruits who are of physical Grade Ⅶ shall be dealt with by applying mutatis mutan dis the provisions of Article 17 (2) and (3); and |
| 3. | Prospects of enlistment in the active service who are of physical Grade Ⅱ through Ⅳ shall have their military service altered in accordance with the standard of disposition of the military service of that year. |
| (3) | With regard to prospects of enlistment in the active service or recruits who, together with their family, are to emigrate to a foreign country, the director of the regional military manpower office shall cancel or post pone the enlistment in the recruit service or call-up for the public interest service personnel in accordance with Article 65 (1) 2 of the Act. In this case, with regard to technical research personnel or skilled industrial personnel, he shall cancel their enlistment as such and manage them as persons who are postponed from the call-up for public interest service personnel. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| (4) | With regard to persons who have been granted a disposition of cancellation or postponement of enlistment in the recruit service or call-up for public interest service personnel and persons whose enlistment as technical research personnel or skilled industrial personnel has been cancelled under paragraph (3), who have not departed from the country without justifiable grounds within 1 year and 6 months or who fall under any of subparagraphs of Article 134 (8), the disposition of the postpone ment or cancellation of the enlistment in the recruit service or the callup of public interest service personnel, the cancellation of enlistment as technical research personnel or skilled industrial personnel, and the permission for overseas travel shall be annulled, and the obligatory military service shall be imposed on them. Public interest service personnel shall be made to return to service until they complete the remaining period of service. <Amended by Presidential Decree No. 17159, Mar. 27, 2001> |
| (5) | A person who may be enlisted in the second militia service under Article 65 (7) of the Act shall be one for whom not less than 3 years have elapsed beginning with January 1 of the year following his enlistment in the recruit service, and matters necessary for the disposition standard by academic career and standard for computing the standby period shall be determined by the Administrator of the Military Manpower Administration. <Added by Presidential Decree No. 17159, Mar. 27, 2001> |
| Article 135-2 (Handling of Persons Hoping for Enlistment in Active Service, etc.) |
| (1) | A person, who wishes to be enlisted into the active service or to work as one of the public interest service personnel under the provisions of Article 65 (6) of the Act, shall file an application for altering a military service disposition (including any application filled out in the form of e-document) with the director of the regional military manpower office. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| (2) | The director of the regional military manpower office, upon receiving the application under paragraph (1), shall deal with it according to the disposition standard falling under any of the following subparagraphs: <Amended by Presidential Decree No. 17159, Mar. 27, 2001> |
| 1. | Where a person in the second militia service who desires to be enlisted into the active service comes to fall in the recruit service as a result of physical examination: no alteration in the military service disposition; |
| 2. | Where a person in the second militia service who desires to serve as one of public interest service personnel comes to fall in the active service as a result of physical examination: alteration of the military service disposition into the recruit service; |
| 3. | Where a person in the recruit service or second militia service comes to fall in physical Grade Ⅶ as a result of physical examination: no alteration in the military service disposition; |
| 4. | With respect to a person whose academic career has been changed, an alteration of military service disposition shall be made according to the changed academic career, but where a person whose academic career has been changed into one for the active service desires to serve as one of public interest service personnel: alteration of the military service disposition into the recruit service; and |
| 5. | In other cases than subparagraphs 1 through 4, the dispositions shall be dealt with by applying |
| (3) | Where a person whose military service disposition is altered under paragraph (2) is subjected to the disposition of having returned home in the draft physical, he shall revert to his status prior to a change in the military service disposition. <Added by Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 18273, Feb. 9, 2004> |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 136 (Disposition of Military Service for Convicts, etc.) |
| (1) | Prospects of enlistment in the active service or recruits (excluding commissioned officers, warrant officers, or assistant officers in the re cruit service, and persons who completed the service or obligatory service as recruits) who may be enlisted in the recruit service or the second militia service in accordance with Article 65 (1) 3 of the Act shall be in accordance with the following subparagraphs. In this case, when the sentence of punishment is made into an indeterminate sentence, prescribing a short-term sentence and a long-term sentence, the long-term sentence shall be applied: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17158, Mar. 27, 2001; Presidential Decree No. 17718, Aug. 21, 2002> |
| 1. | Any person falling under any of the following items shall be subject to enlistment in the recruit service: |
| (a) | A person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than six months but less than one year and six months; and |
| (b) | A person who has been sentenced to a stay of execution of imprisonment with prison labor or imprisonment without prison labor for not less than one year; and |
| 2. | Any person falling under any of the following items shall be subject to enlistment in the second militia service: |
| (a) | A person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than one year and six months; |
| (b) | A person of mixed-blood who may be plainly distinguished in appearances and who was not raised up in the house of his father; |
| (c) | A person whose parents is not known in a family registration; |
| (d) | A person whose parents died before he reached the age of 13 and who has no family to support (referring to the family under the provisions of Articles 779 and 974 of the Civil Act), or a person who had been accommodated in facilities for babies or facilities for child care pursuant to the Enforcement Decree on the Child Welfare Act for 5 years or longer; |
| (e) | A person who acquires the nationality of the Republic of Korea according to naturalization; and |
| (f) | A person who has not graduated from a middle school. |
| (2) | A person who completed the obligatory the military service, in the recruit and persons from among the reserve who fall under paragraph (1) 2 (a), may enlist in the second militia service in accordance with the provisions of Article 65 (1) and (3) of the Act. <Added by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15380, May 27, 1997> |
| (3) | A person who wishes to alter the disposition of the military service pursuant to the provisions of paragraphs (1) and (2) shall submit the application for enlistment in the recruit or the second militia service to the director of the regional military manpower office. Persons who have received the notification of enlistment in the active service or the call-up of public interest service personnel, shall submit the application one day prior to the date of enlistment or call-up: |
| (4) | The director of the regional military manpower office may enlist persons who fall under any of the numbers of paragraph (1) in the recruit or the second militia service at the time of the draft physical in accordance with the provisions of Article 14 (1) 1 of the Act. <Amended by Presidential Decree No. 15380, May 27, 1997> |
| (5) | With regard to persons who are subject to the draft physical and fall under paragraph (1) 2, the director of the regional military manpower office may enlist them into the second militia service without having them undergo the draft physical under the provisions of Article 64 (1) of the Act. <Added by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 137 (Alterations on Disposition of Military Service of Active Service, etc.) |
| (1) | Alterations on the disposition of the military service, of the active service corpsman (includes persons who are in the military service, on account of Articles 21, 24 and 25 of the Act) in accordance with the provisions on of Article 65 (1) of the Act shall be executed by the Chief of General Staff of each armed force in accordance with the following classifications: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17442, Dec. 31, 2001> |
| 1. | A person who cannot perform the military service on account of an injury sustained in war or while in line of the duty, disease, physical or mental trouble, shall undergo a physical examination. From among persons, who are given the Physical Grade Ⅴ or the Physical Grade Ⅵ as a result of the physical examination at military hospitals, persons with the Physical Grade Ⅴ shall be enlisted into the second militia service while other persons with the Physical Grade Ⅵ shall be exempted from the military service; |
| 2. | A person who has been sentenced to imprisonment or imprisonment without prison labor of not less than one year and six months shall be enlisted in the second militia service; |
| 3. | A person who suffers from epilepsy, nyctalopia, mental illness, personality disorders, etc. which make military service difficult and who fall below the Physical Grade Ⅴ, a person who was sentenced to imprisonment or imprisonment without prison labor and who does not fall under subparagraph 2, and a person who falls under the provisions of Article 136 (1) 2 (b) through (f), may enlist in the second militia service following a review; and |
| 4. | A person who, with their family, is to move to a country overseas in accordance with the act on overplease immigration, may enlist in the reserve or cancel the call-up of full time reserve service at his wish. In such case, with regard to persons, whose enlistment in the recruitment or call-up has been cancelled, and who do not leave the country within one year and six months without just grounds, or persons from among those who fall under any of the subparagraphs of Article 134 (8), and who are under the age of 32, the disposition of the enlistment in the recruit or the cancellation of the call-up of full time reserve and permission for overseas travel shall be annulled, and they shall be made to return to service until they complete the remaining period of the military service. |
| (2) | With regard to alterations of the disposition of the military service, with respect to persons in the reserve, recruit or second militia service on account of the call-up of mobilization of military forces or call-up for labor during war in accordance with the provisions of Article 65 (1) 1 and (2) of the Act, the provisions of paragraph (1) 1 (with respect to commissioned officers, warrant officers, or assistant officers, the stan dard of transfer from the active to reserve service for the handicapped, which applies to the commissioned officers, warrant officers or assistant officers of the active service on account of the Enforcement Decree of the Military Personnel Management Act) shall apply |
| (3) | With regard to persons in the active service or reserve service who have been enlisted in the second militia service on the grounds of being under a sentence, the Chief of General Staff of each armed force or the director of the regional military manpower office shall confer a military rank of a private. |
| (4) | The Chief of General Staff of each of the three services may entrust his authority to take dispositions referred to in paragraphs (1) through (3), to military commanders and heads of the military prisons. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 138 (Continuance of Grounds for Postponement for Crew) |
The grounds for a postponement for the benefit of the crew members in accordance with the provisions of Article 65 (5) of the Act shall be continued during the postponed period of the call-up for such public interest service personnel. In such case, when the crew have reboarded the ship within 6 months after they went ashore, the grounds for postponement shall be considered as having been continued, but the period of going ashore for which the grounds for postponement are regarded as having been continued shall not exceed a total of 6 months per year, and the period of going ashore exceeding a total of 3 months per year shall not be counted in the period of postponement. <Amended by Presidential Decree No. 17159, Mar. 27, 2001>
| Article 139 (Retirement of Reserve Officer from Service) |
| (1) | The disposition of retirement from service with respect to the commissioned officer, warrant officer, or assistant officer in the reserve or recruit service who fall under the provisions of Article 65 (1) 1 of the Act, shall be taken by the director of the regional military manpower office, according to the standard of transfer of handicapped from active to reserve service, which applies to the commissioned officer, warrant officer, or assistant officer of the active service as provided in the provisions of the Enforcement Decree of the Military Personnel Management Act: Pro vided, That the judgment standard of physical grade as determined by the Ministerial Decree of National Defense pursuant to Article 122 (1) shall apply to the retirement from service of the medical, judicial, or religious commissioned officer of the reserve service. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 17158, Mar. 27, 2001; Presidential Decree No. 17159, Mar. 27, 2001> |
| (2) | A person who wishes to retire from service as commissioned officer, warrant officer, or assistant officer in the reserve or recruit service in accordance with the provisions of paragraph (1), shall submit an application for retirement from service (including any application filled out in the form of e-document) to the director of the regional military manpower office. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 17158, Mar. 27, 2001; Presidential Decree No. 18312, Mar. 17, 2004> |
| (3) | Upon receiving the application for retirement from service in accordance with the provisions of paragraph (2), the director of the regional military manpower office shall carry out a physical examination at a site for the draft physical or at a military hospital as determined by him: |
| Article 140 (Enlistment of Commissioned Officer, etc. in Recruit Service and Conferring of Rank) |
| (1) | When there exist persons who have lost their standing as commissioned officers, warrant officers, or deputy officers in the reserve service due to falling under the grounds for disqualifications from appointment as such under the Military Personnel Management Act, the director of the regional military manpower office shall dispose of them as the commissioned officers, warrant officers, or deputy officers in the recruit service pursuant to the provisions of Article 66 (1) and (2) of the Act, and forward their list to the Chief of General Staff of the competent military force. <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| (2) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | With respect to persons who have been removed from the register of commissioned officers, warrant officers, or assistant officers of the active service and are to enlist in the recruit service in accordance with the provisions of Article 66 (1) of the Act, the Minister of National Defense shall confer ranks of commissioned officers, warrant officers or assistant officers of the recruit service. In such case, the Minister of National Defense may entrust that authority to the Chief of General Staff of each armed force or the head of the military unit. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 17158, Mar. 27, 2001> |
| Article 141 (Cancellation, etc. of Disposition of Enlistment of Officers, etc., in Recruit Service) |
| (1) | The Minister of National Defense shall execute the disposition of the cancellation of enlistment in the recruit service in accordance with the provisions of Article 66 (3) of the Act, and the disposition of enlistment in the reserve service and retirement from service in accordance with the provisions of paragraph (4) of the same Article. In such case, when the persons subject to the above disposition are commissioned officers, warrant officers or assistant officers, who hold a rank of colonel or lower rank at the time of their enlistment in the recruit service, he may entrust that authority to the Chief of General Staff of each armed force. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 17158, Mar. 27, 2001> |
| (2) | In executing the disposition of the cancellation of enlistment in the recruit service in accordance with the provisions of Article 66 (3) of the Act, the standard with regard to the appointments of commissioned officers, warrant officers or assistant officers of the active service in accordance with the Military Personnel Management Act shall apply in determining whether or not the persons in question fall under subparagraphs of the same Article and paragraph. <Amended by Presidential Decree No. 17158, Mar. 27, 2001> |
| (3) | The disposition of retirement from the military service of handicapped persons who have not exceeded the age limit in accordance with Article 66 (4) of the Act, shall be executed in accordance with the standard of transfer of handicapped persons from active to reserve service which applies to the commissioned officers, warrant officers or assistant officers of the active service in accordance with the Military Personnel Management Act. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 17158, Mar. 27, 2001> |
| (4) | The conferring of ranks of commissioned officers, warrant officers or assistant officers of the recruit service in accordance with the provisions of Article 140 (2) and (3), with respect to persons whose disposition of enlistment in the recruit service has been cancelled in accordance with Article 66 (3) of the Act, shall cease to be binding from the day the disposition of enlistment in the recruit service is cancelled. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 17158, Mar. 27, 2001> |
| (5) | Deleted. <by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 142 (Adjustment of Order of Call-up for Military Force Mobilization or Wartime Labor) |
| (1) | Persons who may adjust the order of the call-up for military force mobilization or wartime labor to the later in accordance with the provisions of Article 67 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 15380, May 27, 1997> |
| 1. | Public officials who serve at fields related to the service of wartime mobilization; |
| 2. | Military service officials; |
| 3. | Necessary personnel among persons who serve at diplomatic and consular offices abroad in Korea; |
| 4. | Necessary personnel of the defense industry enterprises or mobili zation enterprises; and |
| 5. | Necessary personnel of other national and public agencies and enterprises related to the prosecution or support of a war. |
| (2) | When the head of the enterprise or agency whereto persons whose order of call-up has been adjusted to the later one pursuant to para graph (1) belong, makes notification of the personnel changes as prescribed in Article 67 (2) of the Act, he shall submit the list of personnel changes which records the date and grounds for retirement from service or changes in positions to the director of the competent regional military manpower office. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | When the levy of the required number of personnel faces difficulty, then the director of the regional military manpower office may cancel the adjustment of the posterior order in the order of the call-up notwith standing the case of persons whose order of call-up has been adjusted in accordance with paragraph (1), and when he has cancelled the adjustment of the posterior order, he shall notify without delay the head of the pertinent agency or enterprise. <Amended by Presidential Decree No. 15380, May 27, 1997> |
| (4) | The scope of government officials and required personnel, the application for the adjustment of the posterior order of the order of the callup and other necessary matters shall be determined by the director of the regional military manpower office. <Amended by Presidential Decree No. 15380, May 27, 1997> |
CHAPTER Ⅸ CHANGE IN RESIDENCE OF PERSONS UNDER OBLIGATIONTO SERVE IN MILITARY AND THEIR OVERSEAS TRAVEL
| Article 143 (Report on Change in Place of Residence, Handling, etc.) |
| (1) | The Minister of Government Adminstration and Home Affairs shall furnish the electronic data to the Administrator of the Military Manpower Administration not less than once every week, which contains information pertaining to changes in the places of residence of persons under obligation to serve in the military and other changes involving them (referring to persons who move into other places, whose resident registrations are cancelled or restored, who have emigrated, who have obtained the citizenship of other nations or have lost the citizenship, who have died or have been missing, and whose names, resident registration numbers, military ranks, service numbers or gender have been changed or renamed; hereinafter the same shall apply). |
| (2) | The Administrator of the Military Manpower Administration, upon receiving the electronic data from the Minister of Government Administration and Home Affairs under paragraph (1), shall forward the electronic data to the director of the regional military manpower office (including the head of the regional military manpower branch office; hereinafter the same shall apply) who is in charge of managing military registers. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003> |
| (3) | The director of the regional military manpower office, when he finds that persons, who reside in the location of his jurisdiction, are under obligation to serve in the military, and have yet to be entered in the military register, shall promptly put the military register in order and then man age it after inquiring the head of the local administrative agency in the location of their permanent domiciles and the previous places of their residences about them or notify other director of the regional military manpower office in charge of managing their military register of the fact. |
[This Article Wholly Amended by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 143-2 (Notification of Military Service Dispositions, etc.) |
| (1) | Matters concerning dispositions taken for the military service and changes in persons under obligation to serve in the military such as enlistment, discharge, the cancellation of the call-up, of which the Administrator of the Military Manpower Administration is obliged to notify the Minister of Government Administration and Home Affairs under the pro visions of Article 69-2 (1) of the Act shall be as follows: |
| 1. | Draft physical: The date of each disposition taken for the military service, physical grades and matters related to dispositions taken for the military service; |
| 2. | Enlistment of persons into the active service: The date of enlistment, military units into which they are enlisted, etc.; |
| 3. | Public interest service personnel: The date they are called up, the date the call-up is cancelled and persons under obligation to serve in the reserve force; |
| 4. | The skilled industrial personnel and the technical research personnel: The date they are enlisted, the date they are called up, the date the call-up is cancelled and persons under obligation to serve in the reserve force; |
| 5. | The discharged: The type of discharge, ranks, service numbers, the military occupational speciality, the date they are enlisted, the date they are discharged and persons under obligation to serve in the reserve force; |
| 6. | Persons altering dispositions taken for the military service: Reasons for altering physical grades and the type of service and the date the alteration is made; |
| 7. | Persons exempted or discharged from the military service: The date they are exempted or discharged from the military service and reasons for the exemption and discharge; and |
| 8. | Other matters necessary to mobilize members of the reserve force in war time. |
| (2) | The Administrator of the Military Manpower Administration shall sum up dispositions taken for the military service pursuant to each subparagraph of paragraph (1) and furnish the electronic data on the summed up dispositions to the Minister of Government Adminstration and Home Affairs not less than once every week. |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
| Article 144 Deleted.<by Presidential Decree No. 16668, Dec. 31, 1999> |
| Article 145 (Permission for Overseas Travel) |
| (1) | Persons who wish to obtain permission for overseas travel in accordance with the provisions of Article 70 (1) or (3) of the Act, and persons who departed Korea before they were enlisted in the first militia service, shall submit an application for permission for overseas travel not later than two days prior to the expected date of departure and not later than January 15 of the year on which they reach the age of 18, respectively, to the Administrator of the Military Manpower Administration via the heads of the diplomatic missions abroad. <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 18273, Feb. 9, 2004> |
| (2) | The application for overseas travel as provided in paragraph (1) shall be attached with a letter of guarantee of return to the country jointly and severally guaranteed by the guarantors falling under the following subparagraphs, and the documents determined by the Ordinance of the Min- |
istry of Defense: Provided , That the letter of guarantee of return to the country may not be attached for the persons emigrating or the public officials traveling overseas on official duty: <Amended by Presidential Decree No. 17442, Dec. 31, 2001; Presidential Decree No. 18669, Jan. 5, 2005>
| 1. | One guarantor among the head of family, father or mother; and |
| 2. | One guarantor among the persons acknowledged to be capable of paying the fine for negligence as referred to in Article 170 under the standards for the amounts, etc. of property tax which are fixed and publicized by the Administrator of the Military Manpower Administration (hereafter in this paragraph, referred to as the “standards”), who may be able to guarantee the identity (if the head of family, father or mother is not available, or the head of family, father or mother has no ability to pay the fine for negligence, two persons acknowledged to be capable of paying the fine for negligence): |
| (3) | The insurance business operator under Article 2 (1) of the Insurance Business Act may, limited to only one person, become a guarantor other than the head of the family, father or mother under paragraph (2). <Added by Presidential Decree No. 17159, Mar. 27, 2001> |
| (4) | When the personnel under a control of a juridical person intends to travel overseas for conduct of business, the juridical person may guarantee the return of such personnel to the country as a guarantor, notwithstanding the provisions of paragraph (2). In this case, the written guarantee of his return to the country, accompanied by a certified copy and a certificate of seal impression of the relevant corporation from the register, shall be submitted and in the case of a corporation that is a designated enterprise for which skilled industrial personnel and technical research personnel work, a certified copy of such corporation from the register shall not be submitted: |
| (5) | In a case where persons who emigrated to a country overseas before they were enlisted in the first militia service in accordance with the provisions of the Emigration Act, or persons born overseas who hold a certificate of residence, return to the country and depart again, they shall be considered as having received the permission for overseas travel. |
| (6) | Any person whose foreign travel permission is restricted under the main sentence of Article 70 (2) of the Act shall be the person falling under each of the following subparagraphs: <Amended by Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | Person who is dodging the draft physical or the enlistment provided for in Articles 87 and 88 of the Act or has a history of dodging them; |
| 2. | Person who is deserting from the military service or the service as one of the public interest service personnel, etc. provided for in Article 89-2 of the Act and has a history of deserting them; |
| 3. | Person who has a history of failing to meet obligations that are placed when he is granted permission for foreign travel under Article 94 of the Act; and |
| 4. | Person who is subject to a disposition taken to postpone his draft physical and enlistment, etc. on the grounds that he was born abroad or emigrated to a foreign country, and he is the person falling under any of the following items: |
| (a) | Person who is subject to a disposition taken to postpone his draft physical and enlistment, etc. and permission granted for his foreign travel is revoked under Article 128 (4); |
| (b) | Person who is subject to the revocation of a disposition taken to exempt him from the military service and permission granted for his foreign travel under Article 134 (8); |
| (c) | Person who is subject to a disposition taken to postpone or cancel his enlistment in the recruit service and his call-up in the public interest service, to the cancellation of his enlistment in the technical research personnel and the skilled industrial personnel and to the cancellation of permission for his foreign travel under Article 135 (4); |
| (d) | Person who is subject to the cancellation of permission for his foreign travel and to the cancellation of permission for postponing the period of his foreign travel under Article 146 (3); and |
| (e) | Person who is deemed to be subject to the cancellation of permission for his foreign travel under Article 149 (3). |
| (7) | Restrictions may be put on permission for foreign travel provided for in the proviso of Article 70 (2) of the Act on the grounds falling under any of the following items: <Added by Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | The death of any family member who resides abroad; |
| 2. | The disease that plagues the person, the domestic treatment of which is difficult; and |
| 3. | The adjustment of household affairs for the enlistment. |
| Article 146 (Scope of Permission for and Period of Overseas Travel) |
| (1) | Permission for overseas travel in accordance with Article 70 (1) or (3) of the Act shall be limited and granted to persons who fall under any of the following cases: <Amended by Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | International conference and competition (including field training); |
| 2. | Training, internship, field study or cultural exchange; |
| 3. | Opening markets for export or contracting for import and export; |
| 4. | Crew of intercontinental ship (include students undergoing training on board a ship who are enrolled at a maritime or fisheries highschool or higher educational institute); |
| 5. | Crew of intercontinental airliner; |
| 6. | Public officials and reporters who are dispatched overseas; |
| 7. | Persons employed overseas; |
| 8. | Overseas medical treatment which cannot be provided domestically; |
| 9. | Emigration; |
| 10. | Overseas study. In this case, departure from Korea for taking an entrance examination abroad shall be included and the period of foreign travel shall be permitted according to age limit by school provided for in Article 124 (20 years old in the case of high school); |
| 11. | Living together with parents, brothers and siblings; and |
| 12. | The case of visiting relatives or close acquaintances, etc. that is recognized by the Administrator of the Military Manpower Administration as being especially necessary. |
| (2) | The persons subject to permission for overseas travel in accordance with paragraph (1), a detailed standard of permission and the period of overseas travel, shall be determined by the Administrator of the Mili tary Manpower Administration after taking into consideration the matters of the military service, and the purpose and the period of travel, all within the scope that does not hinder the imposition of the military service. <Amended by Presidential Decree No. 18273, Feb. 9, 2004> |
| (3) | When persons who have received the permission or the extension of the period of overseas travel in accordance with the provisions of Article 145 or 147, fall under any of subparagraphs of Article 134 (8) of the Act, the permission for overseas travel and the extension of the period of overseas travel may be cancelled, and the obligatory military service may be imposed. |
| Article 147 (Permission for Extension of Period of Overseas Travel, etc.) |
| (1) | A person who wishes to obtain a permission for the extension of the period of overseas travel in accordance with the provisions of Article 70 (3) of the Act, shall submit a document which certifies the purpose of stay as determined by the Administrator of the Military Manpower Administration. An application for the permission for extension of the period of overseas travel (including any application filled out in the form of e-document), along with a letter which guarantees their return to the country, shall be submitted to the director of the regional military manpower office via the head of diplomatic missions abroad: |
| (2) | With regard to the guarantee of return of persons who wish to obtain the permission for an extension of the period of overseas travel in accordance with paragraph (1), the provisions of Article 145 (2) or (3) of the Act shall apply. |
| (3) | When the guarantor of person who has received the permission for overseas travel in accordance with the provisions of Article 145 of the Act, has clearly specified on the letter of guarantee of return of the above person, his intent to continue guaranteeing the return of the above person even in a case where the person who has received the guarantee extends the period of overseas travel. That letter of guarantee may substitute for the letter of guarantee of return as prescribed in paragraph (2), for no longer than the limit of five years, on the date of the guarantee for the permission for overseas travel: |
| (4) | Upon receiving an application for permission for the extension of the period of overseas travel in accordance with the provisions of paragraph (1), the Administrator of the Military Manpower Administration may grant the permission after taking into consideration the purpose of stay overseas, within the scope that does not hinder the imposition of military service: |
| (5) | When the director of the regional military manpower office has proc essed the application for permission for the extension of the period of overseas travel in accordance with the provisions of paragraph (4), the director of the regional military manpower office shall notify the head of diplomatic missions abroad of the results and have him notify persons in question thereof. <Amended by Presidential Decree No. 15380, May 27, 1997> |
| Article 148 (Departure Confirmation and Return Report) |
Procedure for confirmation of departure and report of return of persons under obligation to serve in the military, in accordance with the provisions of Article 70 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15380, May 27, 1997; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18312, Mar. 17, 2004>
| 1. | Departure procedure: The persons under obligation to serve in the military shall submit an overseas travel permit certificate (including any certificate prepared in the form of e-document) to a public official of the Military Manpower Administration who are dispatched at an airport or an harbor where persons under obligation to serve in the military are to depart, and who is in charge of confirming their departure and return (in a case where the public official of the Military Manpower Administration who is in charge of confirming their de parture and return is not available, the head of the local immigration office or the head of its branch office under the Ministry of Justice; hereafter in this subparagraph the same shall apply), and shall obtain his confirmation of departure not later than two days prior to the date of departure; and |
| 2. | Return procedure: The persons under obligation to serve in the military shall report their return to the public official of the Military Manpower Administration who is dispatched at an airport or an harbor and is in charge of confirming their departure and return or to the director of the regional military manpower office, within 30 days from the date of their return (the persons who returned home after the expiration of the permitted period shall report their return without delay). |
| Article 149 (Disposition of Persons Who have Obtained Permanent Residence in Overseas) |
| (1) | In a case where the person under obligation to serve in the military, or his parents fall under any of the following, he shall be considered as having obtained the permission for overseas travel until he returns to the country with the purpose of residing permanently herein: <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| 1. | Persons who obtained a permanent residence overseas or who ob tained a qualification for indefinite or maximum term of stay in a country which does not have a system of permanent residence of foreigners (excludes persons who obtained a conditional permanent residence): |
| 2. | Persons who entered Japan prior to November 30, 1963 and earned the qualification for special stay; and |
| 3. | Other persons whose residence overseas is deemed possible by the director of the regional military manpower office. |
| (2) | Persons who fall under any of the provisions of paragraph (1), shall submit the documents (including e-documents) which confirm the facts as such to the director of the regional military manpower office via the head of diplomatic missions abroad. <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| (3) | When persons considered as having obtained the permission for over seas travel in accordance with the provisions of paragraph (1) fall under any subparagraph of Article 134 (8), they may be placed under the obligation of the military service, in view of the cancelled permission for overseas travel: |
| Article 149-2 (Reservation of Military Service for Contract Public Officials) |
| (1) | The Administrator of the Military Manpower Administration may hold up imposing the obligation of the military service and cancelling the permits for overseas travels under Article 146 (3) for persons who fall under any subparagraph of Article 149 (1) and have worked in their respective fields for not less than three years after they had obtained doctor’s degrees in economics or science and technology fields and then had been appointed by heads of central administrative agencies as contract public officials, during the period for which they work as the contract public officials: |
| (2) | The heads of central administrative agencies, when they appoint the contract public officials under paragraph (1), shall furnish a list of the contract public officials, attached with documents falling under each of the following subparagraphs, to the Administrator of the Military Manpower Administration within 14 days from the day they appoint them: |
| 1. | Copies of permanent residentship certificates; |
| 2. | Certificates of doctor’s degrees; |
| 3. | Career certificates that persons concerned have worked in their respective fields for not less than 3 years; and |
| 4. | Copies of contracts for appointing contract public officials, which indicate the service field and the contract period. |
| (3) | The Administrator of the Military Manpower Administration, upon receiving the list of the contract public officials under paragraph (2), shall decide whether or not to hold up cancelling permits for overseas travels and imposing the obligation of the military service for them and then notify the heads of central administrative agencies concerned of the decision thereof. |
[This Article Added by Presidential Decree No. 16149, Mar. 3, 1999]
CHAPTER Ⅹ GUARANTEE OF RIGHTS AND INTERESTS OF PERSONS WHO FULFILL DUTIES OF MILITARY SERVICE
| Article 150 (Report of Persons Who Return to School or Who are to Receive Guarantee of Job Reinstatement) |
When students who are enrolled at a school of higher level than high school, the State public official or local public official or executives and staff of public and private enterprise or public and private corporation fall under any of the following, they shall report to the head of the pertinent school, the head of the agency they are affiliated to, or the employer: <Amended by Presidential Decree No. 16149, Mar. 3, 1999>
| 1. | Upon receiving the notice imposing the obligation of the military service, or the notice of selection for the active service; and |
| 2. | When they are transferred from active to reserve service, the call-up is cancelled, the military service, is completed, or when they are exempted from the military service. |
| Article 151 (Calculation of Period of Actual Service in Recruit) |
The period which shall be calculated as the period of actual service of persons who have completed the obligatory period of the military service, in the recruit in accordance with the provisions of Article 74 (2) of the Act, shall be two years: Provided , That with respect to persons whose period of the military service, is not more than 2 years, the period shall be the period of actual service.
| Article 152 (Subjects of Compensation of Public Interest Service Personnel) |
| (1) | The subjects of compensation who are able to receive compensation in accordance with the provisions of Article 75 (2) of the Act, shall be persons who fall under any of the following: <Amended by Presidential Decree No. 15221, Dec. 31, 1996; Presidential Decree No. 15380, May 27, 1997> |
| 1. | Surviving families of persons who died in line of official duty (hereinafter includes persons who died from an illness or injury incurred in line of official duty); and |
| 2. | Persons who were enlisted in the second militia service or who are exempted from the military service, on account of an illness or injury incurred in line of official duty and whose degree of the injury determines him as mentally or physically handicapped as provided in Article 14 (1) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State according to the physical examination implemented by the head of the Ministry of Patriots and Veterans Affairs, and their families. |
| (2) | When administrative personnel become subjects of compensation who fall under any of subparagraph of paragraph (1), the heads of service institutions where the administrative personnel serve shall attach the diagnosis to other documents which could prove the facts that are related to the conditions for persons of national merit, and notify the director of the regional military manpower office of the above documents. |
| (3) | Upon being notified by the heads of service institutions in accordance with paragraph (2), he shall without delay confirm the facts and for ward the document which confirms the facts that fall under the conditions for persons of national merit. <Amended by Presidential Decree No. 15380, May 27, 1997> |
| Article 153 (Medical Treatment of Public Service Personnel, etc.) |
| (1) | When administrative personnel wish to receive medical treatment in accordance with the provisions of Article 75 (4) of the Act, they shall file an application for medical treatment (including any application filled out in the form of e-document), attached with a confirmation of injury or illness by the heads of service institutions, to heads of medical institutions of the State, local governments or public organizations located in the vicinity of their service institutions: |
| (2) | The heads of the medical institutions of the State, local governments or public organizations who have received the application for medical treatment in accordance with the provisions of paragraph (1), shall, without delay, take various measures for medical treatment: |
| (3) | The procedure for medical treatment, etc. of persons, who during their student military education sustain injury caused by thereof, shall comply to the provisions of Article 11-3 of the Presidential Decree on the Implementation of Student Military Education, of the executive ordi nance of student military education. |
| (4) | Deleted. <by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 153-2 (Types etc., of Accident Compensation) |
| (1) | The accident compensation as provided in the provisions of Article 75-2 of the Act shall be divided into compensation for death and disability, respectively. |
| (2) | The accident compensation, as provided in the provisions of Article 75-2 (2) of the Act, shall be borne by: the service institutions of the administrative agency personnel who died or who incurred injury or illness in line of official duty; the Government in a case of a State agency; the pertinent local government in a case of an agency of the local government; the public organization concerned in case of a public organization. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
[This Article Added by Presidential Decree No. 15221, Dec. 31, 1996]
| Article 153-3 (Compensation for Death) |
| (1) | The compensation for death shall be granted to the surviving families of the administrative agency personnel who died in line of duty and the provisions of Article 66 (1) 1 and 2 of the Enforcement Decree of the National Pension Act shall apply |
| (2) | Persons who wish to receive the compensation for death as provided in the provisions of paragraph (1), shall request the heads of service institutions for compensation, and the latter shall grant the compensation for death after confirming whether or not persons in question indeed died in line of official duty. |
| (3) | provisions of Articles 12 and 13 of the Veterans’ Pension Act shall apply with respect to the priority status, etc. of the surviving families as provided in the provisions of paragraph (1). |
[This Article Added by Presidential Decree No. 15221, Dec. 31, 1996]
| Article 153-4 (Compensation for Disability) |
| (1) | The compensation for disability shall be granted to administrative agency personnel who incurred injury or illness in line of official duty or service according to the physical disability class, as provided in the provisions of Article 67 (1) of the Enforcement Decree of the Veterans’ Pension Act, and the amount of compensation shall be as follows: |
| 1. | In a case of persons who fall under the first class of the physical disability class, twelve times the monthly payment of the lowest salary class of a sergeant; |
| 2. | In a case of persons who fall under the second class of the physical disability class, eight times the monthly payment of the lowest salary class of a sergeant; and |
| 3. | In a case of persons who fall under the third class of the physical disability class, six times the monthly payment of the lowest salary class of a sergeant. |
| (2) | The monthly payment as provided in subparagraph of paragraph (1) shall be the monthly payment of the lowest salary class of a sergeant, in the month of which the physical class is determined. |
| (3) | Persons who wish to receive the compensation for disability as provided in the provisions of paragraph (1) shall request heads of service institutions, and the heads of service institutions received such request shall confirm whether or not the cause of the disability, for which compensation is sought, was indeed the result of an injury or illness incurred in line of official duty. The heads of service institutions shall request the director of the regional military manpower office (including the head of the regional military manpower branch office; hereafter the same in this Chapter shall apply) who has jurisdiction over the site of the service institutions, to determine the physical disability class. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003> |
| (4) | The director of the regional military manpower office who has re ceived the request as provided in the provisions of paragraph (3), shall request a physical examination at a center for the draft physical or at a military hospital designated by him, in order to confirm the degree of the disability, for which compensation is sought. In such case, the heads of service institutions shall bear the expenses for the physical examination. |
| (5) | The director of the regional military manpower office who has been notified of the results of the physical examination, as provided in the provisions on of paragraph (4), shall determine the physical disability class, following a review of the Compensation Review Committee, as provided in the provisions of Article 153-5 of the Act, and shall notify, without delay, the applicant for compensation and the heads of service institutions as such. |
| (6) | The heads of service institutions shall grant the compensation in accordance with the physical disability class as determined and notified by the director of the regional military manpower office as provided in the provisions of paragraph (5). |
| (7) | When persons who received the compensation for disability, die on account of the injury or illness incurred in line of duty, the amount of compensation for death minus the amount of already granted compensation for disability shall be granted. |
[This Article Added by Presidential Decree No. 15221, Dec. 31, 1996]
| Article 153-5 (Compensation Review Committee) |
| (1) | In order to review the class of physical disability, for which compensation is sought, a Compensation Review Committee (hereafter in this Article, shall refer to the “Committee”) shall be established in each regional military manpower office, and the Committee shall be composed when it is necessary. |
| (2) | The Committee shall be composed of one chairman, and not less than 5 and not more than 10 members. |
| (3) | The director of the regional military manpower office shall serve as the chairman and may have associated government officials to execute vicariously the duties of the chairman. |
| (4) | The members of the Committee shall be designated or appointed by the director of the regional military manpower office from among persons who are qualified medical or dental physicians or herbal doctors and who associated government officials. |
| (5) | The meetings of the Committee shall open with the attendance of the majority of the registered committee members and shall be voted on by the assent of the majority of the members attended. |
| (6) | The chairman of the Committee may request the heads of service institutions or the applicant for compensation for the materials nec essary for the review of the physical disability class. In such case, the heads of service institutions or the applicant for compensation who has received such a request, shall cooperate barring special grounds. |
| (7) | The members of the Committee who are not government officials and are present at a Committee meeting, may be provided with remuneration within the limits of the budget. |
| (8) | Necessary matters concerning the management of the Committee shall be designated by the Administrator of Military Manpower Administration. |
[This Article Added by Presidential Decree No. 15221, Dec. 31, 1996]
| Article 154 (Confirmation of Military Status of Persons under Obligation to Serve in Military at Time of Employment) |
| (1) | When the head of the State or local governments or an employer wishes to employ persons under obligation to serve in the military as government officials, executives or staff, or when he wishes to grant special license, permission, authorization, license, registration, designation of government license enterprises, he shall refer to the director of the regional military manpower office or have them submit a certificate of the military service, of transfer from active to reserve service, or of the military register, and confirm whether or not facts of evasion of the military service, or secession from the military service, or public interest service exist. <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| (2) | Upon being inquired about the military service in accordance with the provisions of paragraph (1), the director of the regional military manpower office shall report it without delay. <Amended by Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | The head of the State or local governments or an employer shall separately keep on file and manage the documents related to the military service, of the associated government officials, executives, or staff. |
CHAPTER XI CONSCRIPTION ADMINISTRATION
| Article 155 (Cancellation of Disposition) |
When the director of the regional military manpower office deems the notice and disposition, which were executed by the head of the branch office of Military Manpower Administration and a doctor in exclusive charge of draft physical or a military surgeon in accordance with the provisions of the Act or this Decree, illegal or unfair, he may have them ceased, cancelled, or altered. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18133, Nov. 20, 2003>
| Article 156 (Entrustment of Administrative Tasks of Conscription) |
| (1) | The Administrator of the Military Manpower Administration shall delegate his authority falling under each of the following subparagraphs to the director of the regional military manpower office or the head of the regional military manpower branch office in accordance with the provisions of Article 78 (1) of the Act: <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18133, Nov. 20, 2003; Presidential Decree No. 18273, Feb. 9, 2004> |
| 1. | The authority of screening physical examination, the appraisal of interviews, talent examination, written examination, the examination of documents, etc. (excluding the authority of selecting and deciding) from among the authority of selecting persons who sign up for the active service provided for in Article 20 (1) of the Act; |
| 2. | Permission for revoking the selection of any person as an active service soldier under the latter part of Article 20 (2) of the Act; |
| 3. | Permission for overseas travel under Article 70 (1) of the Act: |
| (a) | In the case of granting permission for overseas travel that lasts not more than 5 months, the director of the regional military manpower office or the head of regional military manpower branch office having jurisdiction over the place where an application for permitting such overseas travel is received; |
| (b) | In the case of granting permission for overseas travel by any of the technical research personnel or any of the skilled industrial personnel and for overseas travel by any group for the purpose of participating in international games or training abroad, etc., the director of the regional military manpower office or the head of regional military manpower branch office having jurisdiction over the place where an application for permitting such overseas travel is received; and |
| (c) | In the case of granting permission for overseas travel by any person who was born before 1975, the director of the regional military manpower office or the head of regional military manpower branch office having jurisdiction over his permanent domicile; |
| 4. | Grant of permission for overseas travel or for an extension of the period in accordance with the provisions of Article 70 (3) of the Act; |
| 5. | The confirmation of departure from Korea and the receipt of a report on return to Korea under Article 70 (5) of the Act; and |
| 6. | The imposition and collection of the fine for negligence on and from any homecoming guarantor provided for in Article 95 of the Act and the receipt of objection. |
| (2) | The director of the regional military manpower office shall delegate his authority falling under each of the following subparagraphs to the head of the regional military manpower branch office in accordance with the provisions of Article 78 (2) of the Act: <Added by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 17159, Mar. 27, 2001; Presidential Decree No. 17361, Sep. 15, 2001; Presidential Decree No. 17718, Aug. 21, 2002; Presidential Decree No. 18133, Nov. 20, 2003> |
| 1. | The issue or reissue of a military service certificate and a discharge certificate under the provisions of Article 7 (1) of the Act; |
| 2. | The survey of persons subject to draft physical and the preparation of documents including military registers under Article 10 (1) of the Act, and forwarding of the notification of draft physical under the provisions of Article 11 of the Act; |
| 3. | The classification and determination of aptitude under the provisions of Article 13 of the Act; |
| 4. | The disposition of military service under the provisions of Article 14 of the Act; |
| 5. | The determination of order for the conscription of persons into ac tive military service under the provisions of Article 15 (1) of the Act; |
| 6. | The enlistment of persons into active military service personnel under the provisions of Article 16 of the Act; |
| 7. | The disposition of military service, reenlistment and redraft physical of persons who have been made to return home under the provisions of Article 17 (3) of the Act (including the case where the provisions apply |
| 8. | The selection and the cancellation of the selection of persons subject to the call-up as full-time reservists under the provisions of Article 21 of the Act; |
| 9. | The enlistment of persons subject to the call-up as full-time reservists into active military service under the provisions of Article 22 (1) of the Act; |
| 10. | The enlistment on the active duty of persons subject to the secondment service as obligatory fire-fighting unit members and riot police members under Article 25 (1) of the Act; |
| 11. | The selection of public interest service personnel under the provi sons of Article 26 (3) of the Act, and a decision of alloted personnel, etc. for the public interest service personnel under the provisions of Article 27 of the Act; |
| 12. | The determination of order for calling up public interest service per sonnel under the provisions of Article 28 of the Act; |
| 13. | The call-up of public interest service personnel under the provisions of Article 29 of the Act; |
| 14. | The designation of fields and consultations on the alteration of the fields in which pubic interest service personnel serve under the provisons of Article 31 of the Act; |
| 15. | The receipt of report on any change in personal affairs of public interest service personnel and the redesignation of a service institution for them under the provisions of Article 32 (1) or (4) of the Act; |
| 16. | The implementation of service for the remaining period by public interest service personnel under the provisions of Article 33 (4) of the Act; |
| 17. | The enlistment of technical research personnel and skilled industrial personnel under the provisions of Article 36 (5) of the Act; |
| 18. | The approval and permit of service in fields other than fields of designated enterprises, in which technical research personnel and skilled industrial personnel serve when they are enlisted under the provi sions of the proviso of Article 39 (3) of the Act; |
| 19. | The receipt of reports on any change in personal affairs of technical research personnel and skilled industrial personnel under the provisions of Article 40 of the Act; |
| 20. | The cancellation of enlistment and the extension of service of technical research personnel and skilled industrial personnel and the handling of the cancellation of enlistment under the provisions of Article 41 of the Act; |
| 21. | The survey of the actual state of public interest service personnel under the provisions of Article 43 of the Act; |
| 22. | The designation of persons subject to the call-up of military force mobilization under the provisions of Article 45 (1) of the Act (including the case where the provisions apply |
| 23. | The call-up of military force mobilization under the provisions of Article 46 of the Act (including the case where the provisions apply |
| 24. | The disposition of military service, recall-up and redraft physical for homecomers under the provisions of Article 47 (3) of the Act (including the case where the provisions apply |
| 25. | The call-up of military force mobilization training under the provisions of Article 50 of the Act; |
| 26. | The recall-up of homecomers and their exemption from the call-up of military force mobilization training under the provisions of Article 51 (3) of the Act; |
| 27. | The postponement and execution of draft physical, conscription and call-up under the provisions of Article 60 (1) through (3) of the Act; |
| 28. | The postponement of the date of conscription (including recruitment) and the alteration of disposition of military service for persons whose mandatory duty implementation date has been postponed under the provisions of Article 61 of the Act; |
| 29. | The enlistment of persons into the second militia service or recruits under the provisions of Article 62 (1) of the Act; |
| 30. | The discharge of active service personnel under the provisions of Article 63 of the Act; |
| 31. | The exemption of persons from the first militia service under the provisions of Article 64 of the Act and the enlistment of persons falling under the provisions of each subparagraph of Article 64 of the Act into the second militia service; |
| 32. | The alteration of military service disposition under the provisions of Article 65 of the Act; |
| 33. | The call-up of military force mobilization and the adjustment of the low-priority order in the wartime work call-up under the provisions of Article 67 of the Act; |
| 34. | Deleted; and <by Presidential Decree No. 17718, Aug. 21, 2002> |
| 35. | The request for cooperation from the Special Metropolitan City Mayor, Metropolitan City Mayor or |
| (3) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| (4) | The director of the regional military manpower office shall entrust the following authority to the head of diplomatic missions abroad in accordance with the provisions of Article 78 (4) of the Act: |
| 1. | Investigation and management of persons under obligation to serve in the military, who stay or reside in the region which falls under the jurisdiction of diplomatic missions abroad; |
| 2. | Homecoming measures with respect to persons whose period of overseas travel has expired; and |
| 3. | Homecoming measures with respect to persons under obligation to serve in the military, who reside in the pertinent region in a case where the military force mobilization order has been announced during a war or an emergency. |
| (5) | The head of diplomatic missions abroad shall designate personnel in charge of military affairs among associated government officials in order to perform the official tasks of conscription administration, and when designating or replacing the personnel in charge of military affairs, he shall notify it to the Administrator of the Military Manpower Administration. |
| Article 157 Deleted.<by Presidential Decree No. 17718, Aug. 21, 2002> |
| Article 158 (Provisions of Traveling Expenses, Clothing and Supply of Food, etc.) |
| (1) | Traveling expenses paid to persons under obligation to serve in the military in accordance with the provisions of Article 79 (2) of the Act shall be the actual expenses within limits of budget, and the Administrator of the Military Manpower Administration or the Chief of General Staff of each of the three services shall determine the scope of payment, the amount of payment, the time of payment, the method of payment and procedures for payment while travel expenses paid to persons who undergo the physical examination, persons who are enlisted in military units through conscription and call-up and persons who undergo the physical examination after signing up for the recruitment of active service soldiers that is published by the Administrator of the Military Manpower Administration and are enlisted in military units after being selected as a result of the physical examination under Article 20 of the Act shall be determined by the Administrator of the Military Manpower Administration and other travel expenses paid to persons who are enlisted in military units after signing up for active service soldiers or are sent home after being disqualified for the military service shall be determined the Chief of General Staff of each of the three services. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18273, Feb. 9, 2004> |
| (2) | Clothing may be provided for persons who have enlisted on account of the call-up for mobilization of military forces exercise or educational call-up and persons who underwent enlistment education during their enrollment as military cadets, and the Minister of National Defense shall determine the kind of clothing, the scope, standard, procedure, etc. of the provision. |
| (3) | With regard to persons under the provisions of paragraph (2), food and compensation for actual expenses may be provided within the limit of the budget, and in a case of the provisions of food, the provisions of supply of food to soldiers and military officials shall apply. |
| Articles 159 through 162 Deleted.<by Presidential Decree No. 16668, Dec. 31, 1999> |
| Articles 163 through 163-3 Deleted.<by Presidential Decree No. 18273, Feb. 9, 2004> |
| Article 164 (Investigation of Missing Persons) |
| (1) | When there are persons from among those under obligation to serve in the military, who cannot be served with a notice imposing the military service, on account of their whereabouts being unknown, the director of the regional military manpower office shall without delay investigate their whereabouts. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (2) | The director of the regional military manpower office, when he deems it necessary, may ask the head of the competent police station to investigate the whereabouts of the missing and the head of the police station, upon receiving such request, shall notify the director of the regional military manpower office of the results of the investigation within 30 days from the day he receives the request. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 165 (Complaints against Persons Who Evade Military Service) |
| (1) | The director of the regional military manpower office shall, when persons under obligation to serve in the military are found to have evaded draft physical, conscription or call-up (including checkups) in areas under his jurisdiction without any justifiable reasons, forthwith file com plaints with the chief of the competent investigative agency against them: |
| (2) | When public interest service personnel, public health doctors, international cooperation doctors, doctors in exclusive charge of draft physical and public-service advocates have deserted the places of their service or have not served in the pertinent fields for a period of a running total of 8 days or longer without justifiable grounds, the heads of the service institutions of administrative agency personnel (the Minister of Foreign Affairs and Trade in the case of the international cooperation doctors and the international cooperation service personnel, the Minister of Culture and Tourism in the case of the arts and sports personnel, the Minister of Health and Welfare in the case of the public health doctors, the Administrator of the Military Manpower Administration in the case of the doctors in exclusive charge of draft physical and the Minister of Justice in the case of the public-service advocates) shall file complaints with the head of a competent investigative agency without delay. <Added by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 15919, Oct. 21, 1998; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17159, Mar. 27, 2001> |
| (3) | The head of a service institution, when any of public interest service personnel refuses to follow a service order given under the provisions of Article 65-2, shall issue a written warning, indicating the date the order is given, the place where the order is given and the reason why the order is given, etc. and when dispositions are taken to warn him not less than 4 times, the head of the service institution shall file a com plaint without delay with the head of an investigative agency against him. <Added by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | The head of the investigative agency shall, upon receiving the complaint under paragraphs (1) through (3), without delay, report the results of a disposition taken to deal with the complaint to the head of the institution who has filed the complaint. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999> |
| (5) | The head of the institution who has filed the complaint under paragraphs (1) through (3) shall report or notify, without delay, the results of dealing with the complaint filed under paragraphs (1) through (4) to the director of the regional military manpower office. <Amended by Presidential Decree No. 14819, Dec. 6, 1995; Presidential Decree No. 16149, Mar. 3, 1999> |
| Article 166 (Grant of Reward) |
| (1) | Persons who apprehend persons who have committed a crime as provided in the provisions of Articles 86 through 90 of the Act, persons who have contributed to the apprehension of such persons through provisions of information, agencies and government officials who have excellent record of performance in the prevention against and regulation of acts of evading and dodging the military service, or other persons who have reported illegal and unfair disposition of military service may be paid with rewards within the limits of the budget. <Amended by Presidential Decree No. 16668, Dec. 31, 1999> |
| (2) | The standard and procedure of the provisions of the reward and other necessary matters shall be determined by the Administrator of the Military Manpower Administration. |
| Article 167 (Fee) |
| (1) | A person who wishes to be reissued a certificate of the military service, or a certificate of transfer from active to reserve service in accordance with this Decree or a person who wishes to receive a certificate of his military status, shall pay a fee as determined by the Ministerial Decree of National Defense. In such case, the fee shall be paid by attaching the revenue stamps: |
| (2) | Deleted. <by Presidential Decree No. 17718, Aug. 21, 2002> |
| Article 168 (Designation, etc., of Medical Facilities) |
| (1) | The director of the regional military manpower office (including the head of the regional military manpower branch office; hereafter the same shall apply in this Article) may designate medical institutions that issue a medical certificate for military affairs which may be used as a reference for the draft physical, disposition of exemption from the military service in the first militia service, and alterations on the disposition of the military service, etc. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003> |
| (2) | When the director of the regional military manpower office designates the medical facilities as prescribed in the provisions of paragraph (1), he shall take into consideration the number of persons liable for military service, distance of transport and hospital facilities, etc. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 17718, Aug. 21, 2002> |
| (3) | When the director of the regional military manpower office designates the medical facilities in accordance with the provisions of paragraph (1), he shall grant a certificate of commission and announce publicly the title and location, etc., of such medical facilities. |
CHAPTER XII WARTIME EXCEPTIONS
| Article 169 (Wartime Exceptions) |
| (1) | When either the Minister of National Defense or the Administrator of the Military Manpower Administration wishes to take wartime exception measures in accordance with the provisions of Article 83 (1) or (2) of the Act, he shall announce them publicly via newspapers, television or radio broadcasts. |
| (2) | When wishing to substitute the delivery of the notification of the imposition of obligatory the military service, with a means of public announcement in accordance with the provisions of Article 83 (2) 1 of the Act, either one of the following methods shall be complied to, and the names and the address shall be included in the contents of the public announcement so that persons who are under obligation to serve in the military, are informed of their liability: |
| 1. | Public announcement via two or more daily newspapers on more than two occasions; and |
| 2. | Public announcement via government or public-managed television or radio broadcast, more than one private television or radio broadcast on more than two occasions. |
| (3) | In a case where wartime, emergency or the mobilization order has been announced, the Minister of National Defense may convert the subjects of the call-up for the military force mobilization from among persons who are being called up for the military force mobilization training or persons who have been mobilized in military units in accordance with other Acts, into the subjects of the call-up for the military service, mobilization under the provisions of Article 46 of the Act. In such case, the head of the pertinent military unit shall without delay, notify the director of the regional military manpower office or the head of the regional military manpower branch office. <Amended by Presidential Decree No. 16668, Dec. 31, 1999; Presidential Decree No. 18133, Nov. 20, 2003> |
| (4) | The Minister of National Defense shall, where he intends to discontinue or cancel the secondment service as correctional facility guards, obligatory fire-fighting unit members, or riot police members under Articles 24 and 25 of the Act, make a consultation with the Minister of Justice, the Administrator of the National Emergency Management Agency, the Commissioner General of the National Police Agency, or the Commissioner of the National Maritime Police Agency, respectively. <Amended by Presidential Decree No. 17361, Sep. 15, 2001; Presidential Decree No. 18390, May 24, 2004> |
| (5) | The cessation of enlistment of public interest service personnel, technical research personnel and skilled industrial personnel and conversion of wartime resources in accordance with the provisions of Article 83 (2) 3 and 4 of the Act, may be carried out in stages following a determination of the order of priority of each field of obligatory service. |
| (6) | When persons under obligation to serve in the military, wish to report the change of residence in accordance with the provisions of Article 83 (2) 6 of the Act, they shall present certificates related to the military service, such as a military service certificate and a discharge certificate. |
| (7) | In the event that wartime, incident or the order of military force mobilization is proclaimed, the Administrator of the Military Manpower Administration may shorten the period during which the draft physical is held and the notices of the enlistment of active service soldiers are sent out or delivered under Articles 9 (1) and 21 (1). <Added by Presidential Decree No. 18273, Feb. 9, 2004> |
| Article 169-2 (Composition of Committee for Prevention of Military Service Offenders) |
| (1) | The Central Committee for the Prevention of Military Service Of fenders provided for in Article 83-2 (1) of the Act shall consist of one chairman, two vice chairmen and 10 members, and the Administrator of the Military Manpower Administration shall be the chairman, the Vice Administrator of the Military Manpower Administration and the Director General of the Criminal Department of the Supreme Public Prosecutors’ Office shall each be the vice chairman and the members shall be each designated by the head of the relevant agency from among general public officials of Grade Ⅱ or Ⅲ in their ranks (including public officials in specific and special service equivalent thereto) who all belong to the National Assembly Secretariat, the Ministry of Court Administration, the Ministry of Foreign Affairs and Trade, the Ministry of Government Administration and Home Affairs, the Ministry of Health and Welfare, the Ministry of Labor, the National Policy Agency, the National Tax Administration and the Military Manpower Administration and one member who is designated by the head of agency and another one member who is recognized by the chairman as being necessary to prevent and crack down on military service offenders shall be each commissioned by the chairman. |
| (2) | The Local Committee for the Prevention of Military Service Offenders provided for Article 83-2 (1) of the Act shall consist of one chairman, 2 vice chairmen and 6 members, and the Special Metropolitan City Mayor, the Metropolitan City Mayor or the |
| 1. | Public officials of Grade Ⅱ or Ⅲ in their ranks (public officials of Grade Ⅲ or Ⅳ in their ranks in the case of the |
| 2. | Public officials with the positions of bureau director general who are designated by the Mayor/ |
| 3. | The deputy chief of the local policy agency of the City/ |
| 4. | One person who is commissioned by the chairman from among prosecutors working for the competent district public prosecutor’s office; and |
| 5. | 2 persons who are commissioned by the chairman after the latter recognizes them as necessary to prevent and crack down on military service offenders. |
[This Article Added by Presidential Decree No. 18273, Feb. 9, 2004]
| Article 169-3 (Operation of Committee for the Prevention of Military Service Offenders) |
| (1) | The chairman of the Central Committee for the Prevention of Military Service Offenders and the chairman of the Local Committee for the Prevention of Military Service Offenders (hereinafter referred to as each “Committee”) shall each exercise overall control of each Committee’s administrative affairs, represent each Committee, convene each Committee’s meetings and preside over such meetings. |
| (2) | The vice chairmen of each Committee shall assist the chairman and when the chairman is unable to perform his duties on the grounds of inevitability, the vice chairman who is designated by the chairman shall perform the chairman’s duties. |
| (3) | Each Committee’s meetings shall open with the attendance of a majority of the total members on the register roll and resolve with the concurrent vote of a majority of those present. |
| (4) | Necessary matters concerning the operation of each Committee, with the exception of matters prescribed by this Decree, shall be prescribed by the chairman after going through a resolution of each Committee. |
[This Article Added by Presidential Decree No. 18273, Feb. 9, 2004]
| Article 169-4 (Organization, etc. of Team of Crackdown on Military Service Offenders) |
| (1) | A team of crackdown on military service offenders shall be organized and operated at the Local Committee for the Prevention of Military Service Offenders with the assignment to prevent the occurrence of military service offenders and crack down such military service offenders. |
| (2) | The team of crackdown on military service offenders shall be organized at every branch office of the district public prosecutor’s office and the team of crackdown on military service offenders shall be headed by a prosecutor who is recommended by the head of the district public prosecutor’s office or the head of the branch office of the district public prosecutor’s office and its members shall be public officials in charge of cracking downing military service offenders who are designated by the director of the regional military manpower office and policy officers who are designated by the chief of the local policy agency. The team of crackdown on military service offenders shall carry out its activities under direction and supervision of the head of such team. |
| (3) | Specific matters concerning the organization and operation, etc. of the team of crackdown on military service offenders shall be prescribed by the Administrator of the Military Manpower Administration. |
[This Article Added by Presidential Decree No. 18273, Feb. 9, 2004]
CHAPTER ⅩⅢ PENAL PROVISIONS
| Article 170 (Standard of Levy of Fine for Negligence) |
The amount of fine, as prescribed in the provisions of Article 95 (2) of the Act, shall be the amount of total levy rates in the Appendix 4 of levy rates according to military status, purpose of travel, etc. of persons who committed the crime, as provided in the provisions of Article 94 of the Act, multiplied by the maximum amount of fine as provided in Article 95 (1) of the Act. <Amended by Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 16668, Dec. 31, 1999>
| Article 171 (Levy and Collection Procedures of Fine for Negligence) |
| (1) | When persons who have departed from the country have not returned without just grounds within the permitted period, the director of the regional military manpower office shall notify the guarantor of the fact that the guarantee has not returned and his intent to levy a fine in accordance with the provisions of Article 95 (1) of the Act no later than 15 days from the day of the expiration of the permitted period. |
| (2) | When persons who have departed from the country and have not returned without any justifiable even after the elapse of 45 days from the day the permitted period expires, the Administrator of the Military Man power Adminstration shall, within 15 days, notify again the guarantor of the fact that he is subjected to a sanction and a punishment under the provisions of Articles 76 and 94 of the Act. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (3) | When persons who have departed from the country and have not returned without any justifiable grounds even after the elapse of 90 days from the day the permitted period expires, the Administrator of the Military Manpower Administration shall file a complaint against him under the provisions of Article 94 of the Act and notify, within 15 days, the guarantor of the payment of a fine for negligence imposed under the provisions of Article 170 of the Act. In such case, the deadline for the payment of fine shall be 30 days, on the date of the forwarding of the notification. <Amended by Presidential Decree No. 16149, Mar. 3, 1999> |
| (4) | When the guarantor has not payed the fine within the payment deadline, the director of the regional military manpower office shall forward a demand notice within 7 days. The payment deadline, in this case, shall be10 days, on the date of the forwarding of the demand notice. |
| (5) | The delivery of documents related to the payment of a fine for negligence under the provisions of paragraphs (1) through (4), where it falls under any of the following subparagraphs, shall be deemed to be made after the elapse of 10 days from the date on which the contents of the documents are run in daily newspapers, the Official Gazette or billboards: <Added by Presidential Decree No. 16668, Dec. 31, 1999> |
| 1. | Where the receipt of the documents is rejected in address, the place of residence or an office; and |
| 2. | Where address and the place of residence are unknown. |
| Article 172 (Application for Objection against Levy of Fine for Negligence) |
| (1) | Persons who have objections against the levy of fine, as provided in the provisions of Article 95 (3) of the Act, shall file an application for objection (including any application filled out in the form of e-document) which records the following matters to the head of the regional military manpower office not later than 30 days after receiving the notification of payment of fine: <Amended by Presidential Decree No. 18312, Mar. 17, 2004> |
| 1. | The name and address of the applicant or his legal representative; |
| 2. | Grounds for application; |
| 3. | Date of the application; and |
| 4. | Other matters that will be under review. |
| (2) | Upon receiving the application for objection, as provided in the provisions of paragraph (1), the head of the regional military manpower office shall attach to the application his written opinion and documents with respect to the application and forward it to the pertinent regional court within 14 days, and shall notify the applicant for objection of such facts. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided , That the provisions of Article 156 (1) 2 of the Act, shall enter into force on January 1, 1995.
Article 2 (Repealed Acts and Subordinate Statutes)
The Enforcement Decree of the Act on the Regulation of Special Cases of Compulsory Military Service (hereinafter referred to as the “Enforcement Decree of the Regulation of Special Cases”) shall be annulled.
Article 3 (Transitional Measures with Respect to Skilled Industrial Personnel Who Serve in Defense Industry Research Institute)
Persons who are serving in defense industry research institute in accordance with Article 4 of the Addenda of the previous Enforcement Decree of the Act on the Regulation of Special Cases of the Presidential Decree No. 12992 at the time of the enforcement of this Decree, shall be considered as skilled industrial personnel who are serving in defense industry research institute in accordance with the provisions of Article 72 (3).
Article 4 (Transitional Measures with Respect to Job Training for Enlistment of Skilled Industrial Personnel)
Job training at the time of the enforcement of this Decree for enlistment of skilled industrial personnel as provided in Article 23-2 of the previous Enforcement Decree of the Act on the Regulation of Special Cases, shall be considered as the job training in accordance with this Decree.
Article 5 (Transitional Measures with Respect to Reduction of Service Period of Persons Whose Enlistment as Technical Research Personnel has been Cancelled)
| (1) | With respect to technical research personnel and skilled industrial personnel, or persons who are to enlist as technical research personnel or skilled industrial personnel in accordance with Article 5 (2) of the Addenda of the Act at the time of the enforcement of this Decree, who have been called up via defense call-up or as public interest service personnel after this Decree entered into force in accordance with the Addenda of Articles 4 and 5 (3) of the Act due to the cancellation of their enlistment in accordance with the grounds for cancellation, as provided in Article 41 (1) 2 of the Act, the period of service shall be reduced by two months for every year (for a period less than one year, this calculated reduction shall not apply) obligatorily served at a designated enterprise. |
| (2) | Persons who have underwent the general military education in accordance with the Presidential Decree on the Implementation of Student Military Education prior to the enforcement of this Decree and who are serving as administrative agency personnel among public interest service personnel, shall have their service period reduced according to the following classifications, notwithstanding the provisions of Article 116 (1): |
| 1. | Persons who completed the second grade of required basic military education: 21 days; |
| 2. | Persons who did not complete the first grade of basic military education but who did complete the second grade of basic military education: 10 days; and |
| 3. | Persons who completed the first grade of basic military education: 10 days. |
Article 6 (Transitional Measures with Respect to Dependants of Defense Corps or Subjects of Defense Call-up)
Defense corps and subjects of the defense call-up or persons who are to be called up on account of the defense call-up in accordance with the provisions of Article 4 of the Addenda of the Act at the time of the enforcement of this Decree, who have submitted the application for cancellation of or exemption from the defense call-up for falling under the grounds for cancellation of or exemption from defense call-up in accordance with the previous provisions, shall be considered as dependants as provided in Article 130 (1).
Article 7 (Transitional Measures with Respect to Procedure of Application for Reduction of Service Period for Personal Reasons, etc.)
The procedure of application for reduction of service period for personal reasons, etc. as provided in the proviso of Article 4 (1) and the provisions of Article 12 of the Addenda to the Act shall comply with the previous provisions.
Article 8 (Exception to Enlistment of Convicts in Second Militia)
In applying the provisions of Article 136 (1) 1 and 2 to persons who have been sentenced to a prison term, incarceration, or higher punishment on account of their criminal act perpetrated during the period from March 25, 1983 to February 24, 1993, the sentence of imprisonment, incarceration or higher punishment for the criminal act perpetrated during the period as mentioned above, shall be summed up. In such case, the provisions of the proviso of Article 136 (1) 2 of the Act shall not apply.
Article 9 (Transitional Measures with Regard to Persons who Return for Service and whose Defense Call-up had been Cancelled on Account of Immigrating Overseas with Their Families)
Persons who were to be called up on account of defense call-up in accordance with the provisions of Article 4 of the Addenda of the Act and defense corps at the time of the enforcement of this Decree, whose defense call-up had been cancelled in accordance with the provisions of Article 57 (1) 2 of the previous Military Service Act and previous Article 104 (1) 4, but now cancelled in accordance with the proviso of previous Article 104 (1) 4, shall be returned to service until they complete the remaining service period according to the following classifications:
| 1. | When cancellation of the defense call-up was cancelled no later than December 31, 1994: Return to service as defense corps; and |
| 2. | When cancellation of the defense call-up was cancelled after January 1, 1995: Return to service as public interest service personnel in accordance with the provisions of Article 26 (1) 1 of the Act. |
Article 10 (Transitional Measures with Respect to Persons whose Defense Call-up has been Withheld)
When the grounds for withholding the defense call-up of crew members on the intercontinental ship (including persons whose defense call-up has been withheld no later than December 31, 1994) continue to exist for more than 3 years in accordance with the provisions of Article 58 (1) of the previous Military Service Act and previous Article 106, they may be exempted from defense call-up or call-up for public interest duty personnel.
Article 11 (Transitional Measures with Regard to Levy of Fines against Guarantors of Homecoming)
Levy of fines against guarantors of homecoming of persons who received a permission for overseas travel at the time of the enforcement of this Decree, shall comply with the previous provisions.
Article 12 (Transitional Measures with Regard to Administrative Disposition)
Levy of the military service, by the director of the military manpower office and head of the regional military manpower office in accordance with the previous provisions or the previous Enforcement Decree of the Act on the Regulation of Special Cases and other acts of the administrative agency or various applications and other acts with respect to the administrative agency at the time of the enforcement of this Decree shall be considered as acts which fall under the acts of or acts with respect to the administrative agency as provided in this Decree.
Article 13 Omitted.
Article 14 (Relation to Other Acts and Subordinate Statutes)
In a case where the provisions of the previous Enforcement Decree of the Military Service Act and the Enforcement Decree of the Act on the Regulation of Special Cases are cited or applied mutatis mutandis in other Acts and subordinate statutes at the time of the enforcement of this Decree, and when there are the corresponding provisions in this Decree, this Decree or the pertinent provisions of this Decree shall be considered to have been cited or applied, instead of the previous provisions.
ADDENDA<Presidential Decree No. 14446, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 14819, Dec. 6, 1995>
| (1) | (Enforcement Date) This Decree shall enter into force on the day of its promulgation: |
| (2) | (Transitional Measures with regard to Administrative Disposition) Disposition of the military service, by the director of the regional military manpower office or the office of manpower administration, acts of the administrative agency, various applications and other acts with respect to the administrative agency in accordance with the hitherto provisions on at the time of the enforcement of this Decree, shall be considered as acts of or with respect to the administrative agency. |
| (3) | (Transitional Measures with regard to the Period of Job Training for Enlistment of Skilled Industry Personnel) With respect to persons who are undergoing a job training for enlistment as skilled industrial personnel at |
the time of the enforcement of this Decree in accordance with the hitherto provision, the amended provisions of Articles 84 (1) and 89 (3) of the Act, shall apply.
| (4) | Omitted. |
ADDENDUM<Presidential Decree No. 15030, Jun. 20, 1996>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 15135, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM<Presidential Decree No. 15221, Dec. 31, 1996>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 15380, May 27, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided , That the amendment provisions of Article 47 (1) and (3) of the Act, shall enter into force on January 1, 1998.
Article 2 (Transitional Measures concerning Administrative Disposition)
Disposition of the military service, or other activities of administrative agencies, or each application or other activities for administrative activities carried out by the Administrator of the Office of Military Manpower Administration and by the Head of the Regional Military Manpower Office, etc. pursuant to the previous provisions at the time when this Decree enters into force shall be considered as activities of administrative agencies or activities for administrative activities pursuant to this Decree.
Article 3 (Period of Service of Persons who Completes Vocational Training for Skilled Industrial Personnels)
In case where persons who are undergoing the vocational training for enlistment as a skilled industrial personnel pursuant to the previous provisions on of Article 84 of the Act, at the time when this Decree enters into force are enlisted as a skilled industrial personnel pursuant to the amended provisions of Article 79 (1) of the Act. After this Decree enters into force, the period of vocational training shall be calculated into the period of obligatory service.
Article 4 (Application Examples concerning Reduction of Period of Service of Persons whose Enlistment is Cancelled)
The amended provisions of Article 92 (3) of the Act, shall be applied from persons whose enlistment is cancelled after the enforcement date of the Amended Act from among the Military Service Act (Act No. 5271) (hereinafter referred to as the “enforcement date of the Act”) from among persons who are enlisted as a technical research personnel and a skilled industrial personnel.
Article 5 (Transitional Measures concerning Reduction of Period of Service of Persons whose Enlistment as Technical Research Personnel is Cancelled)
With respect to persons who is mustered as a public interest service personnel because enlistment of persons who were enlisted as a technical research personnel or a skilled industrial personnel by falling under Article 4 (1) of the Addenda of the amended Act of the Military Service Act (Act No. 4685) is cancelled after the enforcement date of the Act (limited to persons whose period of obligatory service is one year or longer), the period of service shall be reduced by one month per 6 months of period
during which they obligatorily served in any designated enterprise: Provided , That in regard to the reduction of period of service of persons who is enlisted as an active service personnel or mustered as a public interest service personnel because enlistment of persons who were enlisted as a technical research personnel and a skilled industrial personnel is can celled before the enforcement date of the Act, it shall be in accordance with the previous provisions.
Article 6 Omitted.
ADDENDUM<Presidential Decree No. 15919, Oct. 21, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 16149, Mar. 3, 1999>
Article 1 (Date of Enforcement)
This Decree shall enter into force on the date of its promulgation: Provided , That the amended provisions of Article 2 (1) 3, Article 3 (2) and (3), Article 3-2 (2), Article 4 (1) and (2), Article 7,Article 8 (1) through (3), Article 9, Article 51 (1), Article 90 (2), Article 94 (4), Article 129 (3), Article 130 (2), Article 132 (1), Article 134 (1), (3) and (4), Article 136 (3), Article 142 (2), Article 143,Article 143-2,Article 156 (2) 2 and Article 164 shall enter into force on July 1, 1999.
Article 2 (Example of Application)
| (1) | The amended provisions of Article 37 (1) and (2) shall apply to persons who are enlisted into the military service after January 1, 1999. |
| (2) | The amended provisions of Article 170 shall apply to persons who have guaranteed the return of their guarantees to the country, who have been given permits for overseas travels or permits for extending overseas travels. |
Article 3 (Special Case for Survey of Persons Subject to Draft Physical)
With regard to the survey of persons subject to the draft physical for the first militia service for 1999, the head of Eup /Myeon /Dong shall compile a report on the survey of persons subject to the draft physical and a list of persons subject to the draft physical to furnish them to the Administrator of the Military Manpower Administration by March 31, 1999 notwithstanding the provisions of Article 8 (1).
Article 4 (Transitional Measures concerning Administrative Dispositions, etc.)
Any dispositions taken by the Administrator of the Military Manpower Administration, the director of the regional military manpower office and the head of Si /Gu /Eup /Myeon /Dong for the military service under the previous provisions, acts performed by administrative agencies, various petitions and acts performed against administrative agencies at the time of enforcing this Decree shall be deemed the acts performed by and against the administrative agencies under this Decree.
Article 5 Omitted.
Article 6 (Relation with Other Acts and Subordinate Statutes)
Any previous provisions cited or applied mutatis mutandis by other Acts and subordinate statutes at the time of enforcing this Decree, when this Decree has provisions corresponding to the cited and applied previous provisions, shall be deemed to be cited or applied mutatis mutandis by this Decree in lieu of the previous provisions.
ADDENDA<Presidential Decree No. 16668, Dec. 31, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: |
| (2) | (Example of Application) The amended provisions of Article 134 (8) 3 shall apply to persons who are transferred to or enrolled in domestic educational institutions after the enforcement of this Decree. |
| (3) | (Special Case for Enlistment of Convicts into Second Militia Service) Persons who had been born prior to December 31, 1972 may be enlisted into the second militia service from among the persons subject to the enlistment in active military service or the enlistment in recruit service (excluding persons who have completed the recruit service as officers, warrant officers and sergeants and the service of recruit or the obligatory service) who have been sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than six months but less than one year and six months and to a stay of execution of imprisonment with prison labor or imprisonment without prison labor for not less than six months for acts performed until December 31, 1999, notwithstanding the amended provisions of Article 136 (1) 2. |
ADDENDA<Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 17138, Feb. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 28, 2001.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 17158, Mar. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2001.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 17159, Mar. 27, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on March 27, 2001. |
| (2) | (Transitional Measures on Administrative Dispositions, etc.) The military service dispositions taken by the Administrator of the Military Manpower Administration, the director of the regional military manpower office, or the head of the regional military manpower branch office, and the actions performed by other administrative agencies, or the actions performed toward the administrative agencies including various applications under the previous provisions at the time of enforcement of this Act, shall be regarded as the actions performed by or toward the administrative agencies under the corresponding provisions of this Decree. |
| (3) | Omitted. |
ADDENDA<Presidential Decree No. 17361, Sep. 15, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Cases of Request for Allocation of Recommended Persons for Scheduled Appointment to Obligatory Fire-Fighting Unit Members)
The Minister of Government Administration and Home Affairs may, notwithstanding the amended provisions of Article 43 (1), request the Minister of National Defense to allocate the relevant recommended personnel within one month after the promulgation of this Decree, in the case of
the required personnel scheduled to be appointed to the obligatory fire fighting unit members in 2002.
Article 3 Omitted.
ADDENDA<Presidential Decree No. 17442, Dec. 31, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Applicants for Active Service) The amendments to Article 29 (4) (latter part) and (5) shall apply to the persons enlisting on and after January 1, 2002. |
ADDENDA<Presidential Decree No. 17636, Jun. 25, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicable Examples concerning Persons Subject to Recommendation of Public Interest Service Personnel) The amended provisions of Article 49 (1) 6 shall apply to and from the persons who obtained good results by winning 16th or higher ranking in the 2002 World Cup soccer games. |
ADDENDA<Presidential Decree No. 17718, Aug. 21, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: |
| (2) | (Transitional Measures concerning Administrative Dispositions, etc.) The dispositions on military service conducted by the Administrator of the Military Manpower Administration, directors of regional military manpower offices, or heads of regional administrative offices, etc. and the activities of other administrative offices, or various applications and other activities against the administrative offices, pursuant to the previous provisions at the time of enforcement of this Decree, shall be regarded as the activities of the administrative offices or the activities against the administrative offices pursuant to this Decree. |
| (3) | Omitted. |
ADDENDA<Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Articles 2 through 6 Omitted.
ADDENDUM<Presidential Decree No. 18098, Sep. 15, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 18133, Nov. 20, 2003>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | Omitted. |
ADDENDA<Presidential Decree No. 18254, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 18273, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Application Example concerning Service Period for Person Called up to Serve as Full-Time Reserve)
The amended provisions of Article 37 (2) shall apply, starting with any person who is enlisted in any military unit after October 1, 2003.
Article 3 (Application Example concerning Enlistment of Military Medical Personnel in Second Militia Service)
The enlistment of any of military medical personnel in the second militia service on the grounds of his family problems provided for in Article 120 (1) 4 shall apply, starting with any person who is enlisted as a medical cadet officer after the enforcement of this Decree.
Article 4 (Application Example concerning Postponement of Enlistment Date, etc.)
The amended provisions of the main sentence of Article 129 (3) shall apply, starting with any person who receives a notice on the date of his draft physical or the date of his enlistment after the enforcement of this Decree.
Article 5 (Application Example concerning Standards for Extending Mandatory Service Period of Technical Research Personnel)
The amended provisions of the Appendix 3 shall apply, starting with a case where the act of violation begins after the enforcement of this Decree.
Article 6 (Transitional Measures concerning Revocation of Selection of Designated Enterprise)
In the event that any designated enterprise or the head of any designated enterprise has been sentenced to a fine or a heavier punishment on the grounds of any act committed prior to the enforcement of this Decree and such sentence has been confirmed and the technical research personnel or the skilled industrial personnel of such designated enterprise are still working for such designated enterprise, such case shall be governed by the previous provisions, notwithstanding the amended provisions of Article 77 (1) 7.
Article 7 (Special Case concerning Service Period for Full-Time Reserve Still in Service)
The service period of any full-time reserve who was enlisted in any military unit on or before September 30, 2003 and is still in service shall be shortened taking into account the shortening of the service period for active service soldiers, etc., and the supply and demand of manpower, but specific period to be shortened by the time of enlistment shall be prescribed by the Minister of National Defense.
ADDENDUM<Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 18377, Apr. 24, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 18390, May 24, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2004.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 18669, Jan. 5, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.