ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT

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ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT — 법갈피

Article 4-4(Notification of Assignment to Reserve Service) #

(1) "Persons prescribed by Presidential Decree, such as those assigned to reserve service and those who have completed service as supplementary or alternative service personnel" in the main clause, with the exception of the subparagraphs, of Article 6-2 (2) of the Act means the following persons:

1. A person who has been assigned to reserve service provided in Article 5 (1) 2 (a) of the Act;

2. A person who has been assigned to reserve service provided in Article 5 (1) 2 (b) of the Act and has completed full-time reserve service under Article 23 of the Act or onboard ship reserve service under Article 23-2 of the Act;

3. A person who has completed service among those in supplementary service provided in Article 5 (1) 3 of the Act;

4. A person who has been assigned to alternative service and has completed his military service as a member of alternative service personnel under Article 5 (1) 6 of the Act;

5. A person prescribed in subparagraphs 1 through 3 who has been assigned to alternative service.

(2) Where 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) notifies a person prescribed in the subparagraphs of paragraph (1) of the fact of assignment to the relevant military service, procedures for the performance of military service, etc. pursuant to the main clause, with the exception of the subparagraphs, of Article 6-2 (2) of the Act, it shall be served by means of mail or other methods falling under any subparagraph of Article 3-2 (2) (limited to cases where prior consent to electronic service has been obtained from the person subject to notification).

1. A person prescribed in paragraph (1) 1 through 3: Within 60 days from the date he is assigned to reserve forces under Article 3 (1) of the Reserve Forces Act;

2. A person prescribed in paragraph (1) 4: Within 60 days from the date he completes service as a member of alternative service personnel;

3. A person prescribed in paragraph (1) 5: Within 60 days from the date he is assigned to alternative service.

(3) "Matters prescribed by Presidential Decree" in Article 6-2 (2) 6 of the Act means the following:

1. The postponement of a call-up for military force mobilization training or alternative service to reserve forces under Article 61 of the Act;

2. The completion of mandatory military service under Article 72 of the Act.

(4) Except as provided in paragraphs (1) through (3), matters necessary for notification shall be determined by the Commissioner of the Military Manpower Administration.

[This Article Newly Inserted on Jun. 30, 2022]

Article 7(Survey of Those Enlisted for Preliminary Military Service) #

(1) The Minister of the Interior and Safety shall provide computerized data on resident registration of persons who will turn 18 years of age next year to the Commissioner of the Military Manpower Administration by June 30 of each year under Article 9 of the Act, and the Commissioner of the Military Manpower Administration shall, in turn, send such data on resident registration to each regional military manpower office (including each military manpower branch office; hereafter in this Article, the same shall apply). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(2) The Commissioner of the Military Manpower Administration shall receive computerized data on family relationship registration of persons who will turn 18 years of age next year from the Minister of National Court Administration by June 30 of each year in accordance with the provisions of Article 9 (2) of the Act and compare them with the computerized data on their resident registration referred to in paragraph (1), and refer the computerized data on family relationship registration of anyone whose resident registration is not noted on the resident registration card to the regional military manpower office having jurisdiction over his place of registration.

(3) The director of each regional military manpower office (including the head of each military manpower branch office; hereafter the same shall apply in this Article) shall, upon receiving computerized data on resident registration and computerized data on family relationship registration referred to in paragraphs (1) and (2), manage persons who will turn 18 years of age next year as those to be enlisted for preliminary military service. <Amended on Nov. 29, 2016>

(4) With regard to persons whose resident registration is not noted on the resident registration cards on the ground that they were born abroad, etc., the director of each regional military manpower office shall manage them as those to be enlisted for preliminary military service after confirming the factual background, etc. through seeking cooperation from relevant agencies and examining applications for permitting overseas travels under Article 145. <Amended on Nov. 29, 2016>

(5) The Commissioner of the Military Manpower Administration shall, after consultations with the Minister of the Interior and Safety and the Minister of National Court Administration, determine the scope of computerized data on resident registration and computerized data on family relationship registration and the methods of furnishing such data, etc., necessary for imposing obligation to serve in the military. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 11(Establishment of Draft Physical Examination Centers) #

(1) For the purpose of conducting draft physical examinations under Article 11 of the Act, the Commissioner of the Military Manpower Administration shall establish and operate an agency in charge of the physical examination (hereinafter referred to as the "Central Physical Examination Agency") in the Military Manpower Administration, and the director of each regional military manpower office shall establish and operate a draft physical examination center in the military manpower office each year: Provided, That the director of a regional military manpower office may, if necessary, establish a draft physical examination center in a military hospital in consultation with the head of the military hospital. <Amended on Nov. 29, 2016>

(2) When the director of a regional military manpower office seeks to establish and operate a draft physical examination center in accordance with paragraph (1), he or she shall make a public announcement of persons subject to the draft physical examination, the period of establishment and location of such center and other necessary matters: Provided, That the Commissioner of the Military Manpower Administration may make the public announcement of the abovementioned matters, if necessary. <Amended on Nov. 29, 2016>

(3) The head of the agency where a draft physical examination center is established under the proviso of paragraph (1) shall provide furnishings necessary for the operation of the draft physical examination center and provide necessary cooperation for the execution of miscellaneous tasks relating to the draft physical examination. <Amended on Nov. 29, 2016>

(4) The Commissioner of the Military Manpower Administration shall determine necessary matters for the establishment and operation of the Central Physical Examination Agency and draft physical examination centers, and for the execution of tasks relating to draft physical examinations. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 13(Conducting Draft Physical Examinations) #

(1) A person who has received a notice to undergo a draft physical examination shall undergo the draft physical examination at the designated time and location. <Amended on Nov. 29, 2016>

(2) Among persons who shall undergo a draft physical examination, with regard to those who do not undergo the draft physical examination at the relevant draft physical examination center, who shall undergo a further draft physical examination, or who are deemed to have difficulty in undergoing the draft physical examination at the relevant draft physical examination center in view of traffic situations, etc., the director of a regional military manpower office may allow the above persons to undergo the draft physical examination at a different draft physical examination center or at a military hospital. <Amended on Nov. 29, 2016>

(3) Among persons under obligation to undergo a draft physical examination in the year when they turn 19 or 20 years old, with regard to those who are crew members of ships sailing out of the country, who are overseas employees, who have applied for assignment to industrial technical personnel service, or who have filed an application for a priority draft physical examination and are prescribed otherwise by the Commissioner of the Military Manpower Administration, the director of a regional military manpower office may allow the above persons to undergo the draft physical examination in advance. <Amended on Nov. 29, 2016>

(4) The Central Physical Examination Agency shall determine the physical grade of the following persons: <Amended on Nov. 29, 2016; Jun. 22, 2021; Oct. 14, 2021>

1. Persons who fall under Article 12 (1) 2 or 3 of the Act as a result of a physical examination conducted by the director of a regional military manpower office, and who need a close physical examination or follow-up examination;

2. Persons who fall under any subparagraph of Article 18-9 (1) and who need a follow-up examination;

3. Persons who fall under Article 12 (1) 2 or 3 of the Act, among those who have filed an application for change of a military service disposition under Article 135 (1), and who need a physical examination;

4. Persons who fall under Article 71 (1) 10 of the Act and who need a physical examination;

5. Persons who are dissatisfied with the result of a physical examination conducted by the director of a regional military manpower office, and who need a further physical examination;

6. Other persons for whom the Commissioner of the Military Manpower Administration deems it necessary to determine their physical grades at the Central Physical Examination Agency.

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 17(Dispositions for Military Service) #

(1) The disposition for military service provided for in Article 14 (1) of the Act shall be issued on the day on which a draft physical examination or physical examination for active duty service of the relevant person is conducted: Provided, That in cases of a person who has undergone a physical examination at the Central Physical Examination Agency or a military hospital, the disposition for military service shall be issued at the time the result of such physical examination is notified. <Amended on Nov. 29, 2016>

(2) Persons whose physical grade has been determined at Grade VII under Article 14 (2) of the Act shall undergo a follow-up physical examination within one month after the relevant recovery period expires. In such cases, for persons who have not recovered from illness until the follow-up physical examination, a period for recovery from illness shall be re-designated and a follow-up physical examination shall be conducted again within one month after that period expires. <Amended on Nov. 29, 2016>

(3) Persons whose recovery period from the same illness is deemed to exceed 24 months, in total, from the date of the first examination as a result of a follow-up physical examination under paragraph (2), and persons whose physical grade remains at Grade VII with the same illness after having undergone two follow-up physical examinations, shall undergo a follow-up physical examination in the month that is 24 months after the date of the first examination, and persons determined at physical Grade VII in the follow-up physical examination shall be enlisted for wartime labor service: Provided, That in cases of a person whose recovery period is deemed to exceed 24 months, in total, from the date of the first examination according to the results of the follow-up physical examination conducted 21 months after the date of the first examination, he shall be enlisted for wartime labor service at that time. <Amended on Nov. 23, 2011; Nov. 29, 2016>

(4) Notwithstanding paragraph (2), persons who wish to serve in active duty service or supplementary service after recovering from illness or mental or physical disorder may undergo a follow-up physical examination at their request even before they have recovered. In such cases, those who fall under physical grade VII as a result of the follow-up physical examination shall be exempted from military service. <Amended on Nov. 29, 2016>

(5) The director of a regional military manpower office may revoke the disposition for military service of a person who has already undergone a draft physical examination, but fails to meet the age requirement for the draft physical examination as a result of the correction of the person's age information and, when he deems it necessary, may change the disposition for military service of a person whose academic standing has been changed in the same year he underwent the draft physical examination, and if he falls under any ground for postponing conscription or call-up under Article 60 (2) of the Act, the disposition for military service for him may be changed according to his academic standing of the year in which such ground has accrued: Provided, That this shall not apply with regard to persons who are in service through conscription, call-up or volunteering, or have completed such service. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 18-2(Persons Exempted from Follow-up Draft Physical Examinations) #

(1) Persons exempted from a follow-up draft physical examination pursuant to Article 14-2 (2) of the Act are as follows: <Amended on Dec. 4, 2013; Nov. 29, 2016; Dec. 29, 2020>

1. Persons who have already undergone a follow-up draft physical examination in accordance with Article 14-2 (1) of the Act;

2. Persons to be enlisted for active duty service for whom the date of enlistment is fixed or persons to be called to serve as social service personnel for whom the date of call-up is fixed, since the grounds for postponement of their conscription, call-up, etc. under Article 60 (3) of the Act cease to exist in the year during which they shall undergo a follow-up draft physical examination in accordance with Article 14-2 (1) of the Act: Provided, That excluded herefrom are persons not conscripted or called up on the date of enlistment;

3. Persons whose order of call-up is adjusted by the Commissioner of the Military Manpower Administration to a lower priority pursuant to Article 28 of the Act;

4. Persons enlisted for supplementary service, based on their educational background, pursuant to Article 14 (1) 1 of the Act and persons enlisted for supplementary service pursuant to Article 62 (1) 2 or 65 (1) 2 of the Act.

(2) The timing for a follow-up draft physical examination under Article 14-2 (2) of the Act is as follows: <Amended on Nov. 29, 2016>

1. In cases of a person whose conscription or call-up has been postponed pursuant to Article 60 (2) of the Act on the ground that he stays or resides abroad or whose date of enlistment in the armed forces, etc. has been postponed pursuant to Article 61 (1) of the Act, it shall be conducted immediately when such ground ceases to exist;

2. In cases of a person to whom the proviso of paragraph (1) 2 applies, it shall be conducted immediately;

3. In cases of persons subject to the follow-up draft physical examination otherwise, it shall be conducted at the time determined by the director of a regional military manpower office in view of the annual timetable for draft physical examination, etc.

(3) A follow-up draft physical examination shall be conducted for the following persons, when the period under Article 14-2 (1) of the Act elapses, beginning in the year following the year the change of military service is finalized: <Amended on Jun. 22, 2021>

1. A person whose military service is changed to supplementary service under Article 14-3 (3) or (4) of the Act;

2. A person who has been invalided under Article 18-8 (3) as a result of the physical examination for enlistment under Article 14-3 (7) of the Act and whose military service is changed to supplementary service after undergoing a follow-up physical examination under Article 18-9 (1);

3. A person whose military service is changed after undergoing a physical examination under Article 65 (1) 1 of the Act or Article 135-2 (2) of this Decree.

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 18-7(Persons Exempted from Enlistment Examinations) #

Any of the following persons shall be exempted from an enlistment examination pursuant to Article 14-3 (6) of the Act: <Amended on Oct. 14, 2021>

1. A person for whom six months have not passed from the date of undergoing a draft physical examination, follow-up draft physical examination, enlistment examination, or physical examination of volunteers for active duty service pursuant to Article 11 (1), 14-2 (1), 14-3 (1), or 20 (1) of the Act;

2. A person whose selection as an active duty serviceman is revoked pursuant to the latter part of Article 20 (2) of the Act;

3. A person for whom the date for fulfillment of the duty is postponed pursuant to Article 61 (1) or (3) of the Act;

4. Any of the following persons subject to enlistment in active duty service who have received a notice of enlistment examination:

(a) A person assigned to wartime labor service under Article 62 (1) 1 of the Act;

(b) A person assigned to wartime labor service under Article 62 (1) 2 of the Act;

(c) A person assigned to supplementary service or wartime labor service or exempted from military service under Article 65 (1) 1 of the Act;

(d) A person assigned to supplementary service or wartime labor service under Article 65 (1) 2 of the Act;

5. Any of the following persons subject to a call for military education who have received a notice of enlistment examination:

(a) A person assigned to wartime labor service under Article 62 (2) of the Act;

(b) A person assigned to wartime labor service or exempted from military service under Article 65 (1) 1 of the Act;

6. A person for whom six months have not passed from the date of undergoing a physical examination under the main clause of Article 29 (3), which applies mutatis mutandis in Article 2 (1) of the Regulations on Operation of System of Noncommissioned Officers in Fixed Term Positions.

[This Article Newly Inserted on Jun. 22, 2021]

Article 18-8(Conducting Physical Examinations for Enlistment) #

(1) "Reasons prescribed by Presidential Decree, such as the excess of the capacity of a draft physical examination center" in the former part of Article 14-3 (7) of the Act means any of the following cases:

1. Where it is impossible to house persons to undergo a draft physical examination or an enlistment examination because of the excessive number of such persons;

2. Where it is impracticable to operate a draft physical examination center or it is necessary to suspend the operation thereof due to a disaster, calamity, infectious disease, etc.;

3. Where a war, an incident, or an order for military force mobilization is declared;

4. Where a person is likely to be exempted from mandatory military service pursuant to Article 71 (1) of the Act.

(2) Where the commanding officer of a military unit conducts a physical examination for enlistment pursuant to Article 14-3 (7) of the Act, the officer shall do so within seven days (including Saturdays and public holidays) from the date of enlistment. In such cases, a physical examination for enlistment shall be conducted at a medical facility of the military unit.

(3) Where a person is recognized as unfit for active duty service, supplementary service, or onboard ship reserve service, etc. or recognized as in need of a recovery period of at least 15 days due to a disease or mental or physical disorder as a result of a physical examination for enlistment under paragraph (2), the commanding officer of the relevant military unit shall conduct a close physical examination of the person at a military hospital and invalid the person based on the result of such examination.

(4) The commanding officer of a military unit shall collect certificates of military service from persons who are determined to be invalided as a result of a close physical examination under paragraph (3); shall issue certificates of invaliding to such persons and send them home without delay; and shall forward, within two days from the date they are invalided, their military service record indicating the severity of the disease or mental or physical disorder and the recovery period (limited to where the recovery period can be known), determinations of a close physical examination, certificates of military service, and the list of persons who are invalided, to the director of the relevant regional military manpower office (in cases of onboard ship reserve service, referring to 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 where the main office of an enterprise related to marine transportation business or fisheries under Article 40-2 (1) is located)).

(5) Where the commanding officer of a military unit has enrolled persons enlisted for active duty service through conscription on the military register of the relevant service branch, the officer shall forward the list of persons enrolled in active duty service (it can be substituted by a written personnel order) specifying their addresses (stating to the extent of Si/Gun/Gu/Eup/Myeon/Dong), names, resident registration numbers, serial numbers of notices of enlistment, and dates of enlistment, to the director of the relevant regional military manpower office, without delay.

[This Article Newly Inserted on Jun. 22, 2021]

Article 18-9(Treating Persons Invalided after Physical Examinations for Enlistment) #

(1) The director of a regional military manpower office shall make a disposition for military service or have a person invalided pursuant to Article 18-8 (3) reenlisted based on his physical grade, after conducting a follow-up physical examination of such person at a draft physical examination center or the Central Physical Examination Agency as follows; in such cases, Article 17 (2) and (3) shall apply mutatis mutandis to handling a person whose physical grade is determined at Grade VII as a result of the follow-up physical examination under subparagraph 1 (b) or 2:

1. Where the recovery period is specified, such period shall be counted from the date a physical examination for enlistment is conducted (in cases of persons who are called for military education to supplementary service, it refers to the date the first physical examination for enlistment is conducted after being enlisted for preliminary military service; and in cases of persons who are called for military education to onboard ship reserve service, it refers to the date the first physical examination for enlistment is conducted after being enlisted for onboard ship reserve service):

(a) Where the recovery period is less than three months, the person shall be reenlisted without delay after the recovery period expires;

(b) Where the recovery period is at least three months, a follow-up physical examination shall be conducted without delay after the recovery period expires, and a military service disposition shall be made based on the result of such examination; in such cases, a follow-up physical examination may be conducted for a person who wishes to be enlisted after recovering from a disease or physical or mental disorder even before the recovery period expires, and where the person's physical grade is determined at Grade VII as a result of the follow-up physical examination, no military service disposition shall be made;

2. Where the recovery period is not specified, a follow-up physical examination shall be conducted without delay after the military service record, etc. under Article 18-8 (4) is forwarded, and a military service disposition shall be made based on the result of such examination.

(2) The commanding officer of a military unit shall not invalid a person who has been reenlisted after undergoing a follow-up physical examination under the former part, with the exception of the subparagraphs, of paragraph (1) on the ground of the same disease or the same mental or physical disorder: Provided, That the officer may invalid a person for whom six months have passed from the date of such follow-up physical examination.

(3) In cases of a person who has been reenlisted pursuant to paragraph (1) 1 (a), if the recovery period is specified, paragraph (1) 1 (b) shall apply; and if such period is not specified, paragraph (1) 2 shall apply. In such cases, if a person is invalided on the ground of the same disease or the same mental or physical disorder and the recovery period is specified, such recovery period shall be counted from the date he has undergone the physical examination for enlistment before he is reenlisted.

(4) Notwithstanding paragraph (1), where a person who was enlisted after undergoing a follow-up physical examination in the consecutive 24th month from the date of the first physical examination pursuant to the main clause of Article 17 (3) (including cases where such provision applies mutatis mutandis under Article 135 (5) 2) is invalided on the ground of the same disease or the same mental or physical disorder, the director of a regional military manpower office shall without delay have him undergo a follow-up physical examination at a draft physical examination center or the Central Physical Examination Agency and shall make a military service disposition for him based on his physical grade, and a person whose physical grade is determined at Grade VII shall be enlisted for wartime labor service. <Amended on Oct. 14, 2021>

(5) Matters necessary to handle persons invalided, such as follow-up physical examinations, military service dispositions, and notices of reenlistment under paragraphs (1), (3), and (4) shall be determined and publicly notified (including where they are made known to the public on the Internet; hereinafter the same shall apply) by the Commissioner of the Military Manpower Administration.

[This Article Newly Inserted on Jun. 22, 2021]

Article 23(Physical Examinations at Assembly Places) #

(1) Upon receiving a plan for enlistment for active duty service under Article 19 (3), the chief of staff of each service branch shall draft a plan for transporting persons who are to enlist not through the military unit but through the assembly place and shall forward it to the Commissioner of the Military Manpower Administration.

(2) In consideration of persons who may have difficulties enlisting not in the military unit for enlistment but in the assembly place due to an illness, or physical or mental disorder, the director of a regional military manpower office may request the commanding officer of a military unit (including the head of a military hospital) to dispatch a military surgeon, and the commanding officer of the military unit shall accordingly comply with the request.

(3) The military surgeon who has been dispatched to the enlistment office in the assembly place shall conduct a physical examination of persons who are deemed impracticable to be enlisted due to a disease, or physical or mental disorder according to an order of the director of a regional military manpower office and shall make two copies of the diagnosis for persons who are judged unable to enlist, which either specifies the recovery period for persons able to recover or specifies the name of the relevant disease for persons unable to recover and two copies of the list of persons invalided, and each one copy shall be forwarded to the custody officer.

(4) The custody officer who has received the diagnosis and the register of persons invalided provided for in paragraph (3) shall issue a certificate of invalidment to the relevant person and invalid him.

(5) Among persons invalided under paragraph (4), those whose recovery period has been specified shall be handled by applying mutatis mutandisArticle 18-9 (1) 1, and those who have been diagnosed only with the name of disease shall undergo a physical examination and be dealt with in accordance with the results of that examination. <Amended on Jun. 22, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

Article 27(Period of Active Duty Service) #

(1) The period of active duty service shall be counted from the day of the enlistment, and a person in active duty service shall become a private on the day of enlistment: Provided, That a person invalided shall return to his status prior to the enlistment.

(2) If a person sent home as an invalid in accordance with the proviso of paragraph (1) is reenlisted for active duty service, the period of service in the unit in which he was enlisted before being sent home shall be counted in the period of active duty service. <Newly Inserted on Nov. 29, 2016>

(3) The number of days which are not included in the period of active duty service under Article 18 (3) of the Act shall be as follows: <Amended on Nov. 29, 2016; Jun. 30, 2020>

1. The number of days of sentence execution: The number of days of sentence execution on account of a final judgment of a sentence (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 military discipline education: The number of days when a person undergoes training and education after being subject to military discipline education by disciplinary action;

3. The number of days of desertion from service: The number of days from the day of desertion from service to the date before the self-surrender or arrest.

(4) When persons in active duty service complete the period of such active duty service, the chief of staff of each service branch shall assign them to reserve service. In such cases, the chief of staff of each service branch may entrust that authority to the commanding officers of military units under his command. <Amended on Nov. 29, 2016>

(5) When the head of a military hospital in which a person in active duty service is hospitalized, where a need arises to postpone the discharge of the relevant person in active duty service pursuant to Article 18 (4) 2 of the Act, sends a list of persons in active duty service subject to the postponement of discharge to the chief of staff of each service branch before the respective expiry of the mandatory military service of such persons in such active duty service, the relevant chief of staff who has been notified thereof shall determine the postponement of such discharge, as prescribed by Ordinance of the Ministry of National Defense. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 28(Drafting and Delivery of Plan for Recruiting Active Duty Servicemen) #

(1) The chief of staff of each service branch shall draw up a plan for recruiting active duty servicemen that contains the number of personnel by field and date, etc. for persons who volunteer for active duty service in order to recruit active duty servicemen (hereinafter referred to as "active duty candidates") in accordance with Article 20 of the Act by September 30 of each year and then deliver such plan to the Commissioner of the Military Manpower Administration. In such cases, the chief of staff of each service branch shall, if he or she intends to modify details of the plan delivered, notify the Commissioner of the Military Manpower Administration thereof within 60 days prior to the date of the recruitment.

(2) Upon taking the delivery of the plan for recruiting active duty servicemen under paragraph (1), the Commissioner of the Military Manpower Administration shall draw up a program for recruiting active duty servicemen that contains qualifications for volunteering for active duty service in each field of recruitment, etc. and a recruitment schedule in order to screen and select active duty candidates and shall deliver such program to the directors of regional military manpower offices.

(3) Upon taking the delivery of the program for recruiting active duty servicemen under paragraph (2), the director of each regional military manpower office shall develop and implement a detailed program for recruiting active duty servicemen in order to publicize their recruitments and conduct physical examinations, interviews, written examinations, and talent examinations, etc.

(4) The Commissioner of the Military Manpower Administration or the director of each regional military manpower office may appoint or commission a screening member from among persons who have specialized knowledge in the relevant field in order to screen active duty candidates, and provide allowances within the budget to the screening member. <Newly Inserted on Nov. 23, 2011>

(5) Matters necessary for the standards, procedures, etc. for selecting active duty candidates shall be determined and publicly notified by the Commissioner of the Military Manpower Administration where such selection is made by the Commissioner of the Military Manpower Administration, and shall be determined and publicly notified by the chief of staff of each service branch where such selection is made by the chief of staff of each service branch. <Amended on Nov. 23, 2011>

[This Article Wholly Amended on Dec. 7, 2009]

Article 29(Volunteering for Active Duty Service and Selection Therefor) #

(1) Any person who intends to volunteer for active duty service shall file an application for active duty service (including applications in electronic form) with 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) or with the chief of staff of each service branch, and the director of the regional military manpower office or the chief of staff of the relevant service branch shall, upon receiving an application for active duty service, deliver an examination certificate and a physical examination notice to such active duty candidate.

(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 duty service are received and examination certificates are delivered through the website of the Military Manpower Administration and each service branch, the posting of the date and place of the physical examination on the website of the Military Manpower Administration and each service branch may replace the delivery of physical examination notices.

(3) With respect to persons who have filed applications for active duty service under paragraph (1), the director of a regional military manpower office or the chief of staff of the relevant service branch shall conduct a physical examination at a draft physical examination center, a military hospital or a military unit in which they are to be enlisted: Provided, That with respect to persons who have already undergone a draft physical examination, a physical examination may be omitted. <Amended on Nov. 29, 2016>

(4) Where the Commissioner of the Military Manpower Administration selects successful active duty candidates, the director of each regional military manpower office shall serve a notice of enlistment in active duty service on such successful active duty candidates; and where the chief of staff of each service branch selects successful active duty candidates, such chief shall serve a notice of enlistment in active duty service on such successful active duty candidates. <Amended on Jun. 22, 2021>

(5) The director of a regional military manpower office or the chief of staff of each service branch shall serve a notice of enlistment in active duty service on the relevant persons pursuant to paragraph (4) no later than 30 days prior to the date of enlistment: Provided, That in cases of persons supplementarily selected due to a shortage in the required number of military personnel, a notice of enlistment in active duty service shall be served no later than 7 days prior to the date of enlistment. <Newly Inserted on May 28, 2018; Jun. 22, 2021>

(6) Matters necessary for procedures, etc. for the service of notice of enlistment in active duty service referred to in paragraph (4) shall be determined by the Commissioner of the Military Manpower Administration or the chief of staff of each service branch. <Amended on May 28, 2018>

(7) In the event that any person who is selected as an active duty serviceman in accordance with the latter part of Article 20 (2) of the Act wants his selection to be revoked before enlisted in the military, the revocation of his selection may be permitted only when he is acknowledged by the Commissioner of the Military Manpower Administration or the chief of staff of the relevant service branch as unable to get enlisted in the military for any unavoidable cause, including a disease, mental or physical disorder, or disaster. <Amended on May 28, 2018>

(8) A person who is unable to be enlisted in the military on the designated date on the grounds referred to in paragraph (7) shall file an application for revocation of selection as an active duty serviceman no later than five days prior to the date of enlistment. <Amended on May 28, 2018; Jun. 22, 2021>

(9) The chief of staff of each service branch shall, where he revokes the selection of persons for active duty service in accordance with the latter part of Article 20 (2) of the Act, without delay serve a list of persons whose selection for active duty service has been revoked, on the directors of regional military manpower offices. <Amended on May 28, 2018>

(10) Any of the following persons who are selected as active duty servicemen pursuant to Article 20 (1) of the Act shall return to their status held before they are selected as active duty servicemen: <Newly Inserted on Jun. 22, 2021>

1. Persons whose selection as active duty servicemen is revoked under the latter part of Article 20 (2) of the Act;

2. Persons whose physical grade is determined as Grade VII as a result of an enlistment examination.

(11) Where a person specified in paragraph (10) 2 wants to be reenlisted after he has been determined as a person subject to enlistment in active duty service as a result of a follow-up physical examination pursuant to Article 14-3 (4) of the Act, the director of a regional military manpower office may reenlist him only when there is a need for his military occupational specialty designated at the time of selection for active duty service. <Newly Inserted on Jun. 22, 2021>

(12) Except as provided in paragraphs (7) through (11), matters necessary for handling and reenlisting, etc. persons whose selection as active duty servicemen is revoked shall be determined and publicly notified by the Commissioner of the Military Manpower Administration. <Newly Inserted on Jun. 22, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

Article 29-2(Invaliding Active Duty Candidates after Enlistment) #

(1) Where a person enlisted after having been selected as an active duty serviceman under Article 20 of the Act is invalided under Article 18-8 (3), he shall return to his status held prior to the enlistment. <Amended on Jun. 22, 2021>

(2) Where a person invalided pursuant to paragraph (1) for whom the recovery period under Article 18-9 (1) 1 (a) is less than three months recovers from a disease and wants to be reenlisted, the person may be reenlisted only when there is a need for his military occupational specialty designated at the time of selection for active duty service. <Amended on Jun. 22, 2021>

(3) Article 27 (1) and (2) shall apply mutatis mutandis to the period of service in cases of reenlistment of persons who have return to their status held prior to the enlistment under paragraph (1). <Amended on Jun. 22, 2021>

(4) Except as provided in paragraphs (1) through (3), matters necessary to handle persons invalided shall be determined and publicly notified by the Commissioner of the Military Manpower Administration. <Newly Inserted on Jun. 22, 2021>

(5) Where the chief of staff of each service branch has enrolled soldiers who volunteered to enlist in the military, or officers, warrant officers, noncommissioned officers, or officer cadets appointed for active duty service as prescribed by the Military Personnel Management Act or the Military Service Act on the military register of the relevant service branch, the chief shall forward a list of persons enrolled in active duty service (it can be substituted by a written personnel order) to the director of the relevant regional military manpower office, and such director in receipt of the list shall forward the military service records of persons who have been enrolled on the military register of active duty service to the commanding officer of the relevant military unit in which they are to enlist. <Amended on Nov. 29, 2016; Jun. 22, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

Article 30(Treatment of Persons Expelled from Military Academy) #

(1) When a person receiving education at a military academy, the Korea Army Academy at Yeongcheon, or any other officer cadet school has been expelled therefrom, he shall return to his status held before he entered such educational institution. <Amended on Nov. 29, 2016>

(2) Persons falling under Article 58 (1) or (2) of the Act, who have been expelled from educational institutions prescribed in paragraph (1) for reasons other than illness, while receiving education at such educational institutions, shall be expunged from the military register of persons subject to enrollment on the military register of military surgeons, judicial officers, military chaplains, or veterinary officers and shall be managed as persons to be enlisted for active duty service or persons subject to call-up to serve as social service personnel. <Amended on Dec. 4, 2013>

(3) The heads of officer cadet schools prescribed in paragraph (1) shall promptly forward a list of expelled students (including the period of education up to expulsion from school prescribed in paragraph (7)) and their military service records to the military register administration agency. <Amended on Nov. 29, 2016; Sep. 22, 2017>

(4) Notwithstanding the provisions of paragraph (1), the chief of staff of each service branch may appoint persons who have been expelled from the military academies or the Korea Army Academy at Yeongcheon after receiving education at such educational institutions for at least one year, upon request, as an active duty noncommissioned officer or have them serve as an active duty serviceman without undergoing a draft physical examination. <Amended on Nov. 29, 2016>

(5) Where the chief of staff of each service branch enlists volunteers as prescribed in paragraph (4) as noncommissioned officers or active duty servicemen, he shall notify the directors of regional military manpower offices thereof.

(6) Persons who are to be enrolled on the military register of active duty officers in the basic career branches as prescribed in Article 59 of the Act, and who have been expelled from educational institutions under paragraph (1), while receiving education at such educational institutions for reasons other than illness, shall be managed as persons to be enlisted for active duty service or persons subject to call-up to serve as social service personnel. <Amended on Dec. 4, 2013>

(7) For any of the following persons expelled from educational institutions referred to in paragraph (1), the period of education at such educational institutions before expulsion shall be included in the period of their military service: Provided, That this shall not apply to any person the period of whose military service is reduced to six months under Article 63 (2) of the Act: <Amended on Nov. 23, 2011; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Sep. 22, 2017>

1. Any of the following persons reinstated to the status held before entering educational institutions as prescribed in paragraph (1):

(a) Persons reinstated as active duty servicemen;

(b) Persons who are to serve as active duty servicemen (including persons who are in service pursuant to Article 21 or 25 of the Act; hereafter in paragraph (9), the same shall apply) or as onboard ship reserve service, social service personnel, art and sports personnel, expert research personnel, or industrial technical personnel within two years after having been reinstated to personnel, other than active duty servicemen;

2. Persons who are to serve as active duty servicemen upon request as prescribed in paragraph (4).

(8) The period of education under paragraph (7) shall be determined by the heads of educational institutions under paragraph (1) in accordance with the standards determined by the chief of staff of each service branch with approval by the Minister of National Defense. <Amended on Sep. 22, 2017>

(9) The chief of staff of each service branch may exempt any of the following persons after being expelled from educational institutions under paragraph (1) from the basic military training courses, and the starting rank of active duty servicemen shall be prescribed by Ordinance of the Ministry of National Defense: Provided, That persons falling under paragraph (2) of this Decree shall not apply where the period of education at such educational institutions before expulsion does not exceed the period of call-up for military education under Article 108: <Amended on Nov. 23, 2011; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Sep. 22, 2017>

1. A person in whose case the period of education included in the period of military service in accordance with paragraph (7) is not shorter than the period of basic military training;

2. Any of the following persons within two years after having been reinstated to status other than active duty service:

(a) Persons who are to serve as social service personnel where the period of service shall be reduced to six months under Article 63 (2) of the Act;

(b) Persons who are to mandatorily serve as public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates, or public quarantine veterinarians.

[This Article Wholly Amended on Dec. 7, 2009]

Article 31(Enlistment Plan for Those to Be Called to Full-Time Reserve Service) #

(1) The chief of staff of each service branch shall submit a plan for recruiting full-time reserve personnel stating the number, etc. of persons to be called to full-time reserve service required in the following year by each enlisting military unit, enlistment date, regional military manpower office, and military manpower branch office, to the Commissioner of the Military Manpower Administration, the commanding officers of the enlisting military units, and the commanding officers of the call-up military units, respectively, within the limit of the fixed number determined by the Minister of National Defense by September 30 of each year and, when intending to revise the plan already submitted, he shall submit a revision plan no later than 75 days prior to the date of enlistment. In such cases, when it is necessary to adjust the fixed number, the chief of staff of each service branch shall obtain approval from the Minister of National Defense. <Amended on Nov. 29, 2016>

(2) Upon receiving a plan for recruiting full-time reserve personnel pursuant to paragraph (1), the Commissioner of the Military Manpower Administration shall draw up an enlistment plan for full-time reserve service which allots the number, etc. of persons to be called to full-time reserve service required by each enlisting military unit, enlistment date, regional military manpower office, and military manpower branch office, taking into consideration the number of persons to be called to full-time reserve service, and shall submit it (for a revision plan, no later than 60 days prior to the date of enlistment) to the chief of staff of each service branch and to the directors of regional military manpower offices without delay. <Amended on Nov. 29, 2016>

(3) Upon receiving a plan for recruiting full-time reserve personnel under paragraph (1), the commanding officer of each call-up military unit shall notify the director of each regional military manpower office of the required number of persons to be called to full-time reserve service by each enlisting military unit, enlistment date, and Si/Gu/Eup/Myeon by October 31 of each year (for a revision plan, no later than 60 days prior to the date of enlistment): Provided, That the required number of persons shall be notified by Eup/Myeon in cases of an Eup/Myeon area in a composite urban-rural city, and over the entire Dong area in cases of a Dong area. <Amended on Nov. 29, 2016>

(4) Upon receiving an enlistment plan for full-time reserve service under paragraph (2) and a notice of required number of persons under paragraph (3), the director of each regional military manpower office shall draft an enforcement plan for enlistment for full-time reserve service, and report it to the Commissioner of the Military Manpower Administration, and forward it to the commanding officers of the call-up military units.

[This Article Wholly Amended on Dec. 7, 2009]

Article 40-2(Notification of Number of Persons Necessary for Onboard Ship Reserve Service and Allotment Thereof) #

(1) Each of the following persons who own or manage oil tankers, container ships, LNG carriers, deep sea fishing vessels, or other ships that can transport military personnel, strategic materials, etc. determined by the Commissioner of the Military Manpower Administration to be mobilized in wartime, an incident, or national emergency corresponding thereto shall notify the Minister of Oceans and Fisheries of the number of persons necessary for onboard ship reserve service for the following year no later than June 30 of each year: <Amended on Dec. 20, 2012; Mar. 23, 2013>

1. Shipping industry: Representative of an enterprise owning or managing a ship of 500 gross tonnage, which engages in ocean transportation business and ocean ship management business;

2. Fisheries: Representative of an enterprise owning or managing a ship of 100 gross tonnage, which engages in deep-sea fisheries or inshore fisheries.

(2) Where the Minister of Oceans and Fisheries has been notified by the head of an enterprise in the field of shipping industry or fisheries (hereafter in this Section referred to as "shipping enterprise, etc.") of the number of necessary persons, he or she shall notify the Commissioner of the Military Manpower Administration thereof no later than July 31 of each year. <Amended on Mar. 23, 2013>

(3) The Commissioner of the Military Manpower Administration shall determine the number of persons that can be assigned to onboard ship reserve service for the following year after consultations with the Minister of Oceans and Fisheries insofar as it does not obstruct the supplementation of personnel necessary for the military forces determined by the Minister of National Defense, and allocate them by enterprise considering the size of an enterprise, requested number of persons, actual condition of service management, whether human rights are infringed upon, etc. In such cases, detailed matters concerning the allocation of persons for onboard ship reserve service, such as the standards for and methods of allocation for each enterprise or the standards for and methods of placing restriction on allocation of persons for shipping enterprises, etc. where service management is insufficient or human rights are infringed upon, shall be determined and publicized by the Commissioner of the Military Manpower Administration. <Amended on Mar. 23, 2013; Nov. 4, 2014; Sep. 29, 2020>

(4) The Commissioner of the Military Manpower Administration shall notify the heads of shipping enterprises, etc. of the number of persons allocated for onboard ship reserve service for the following year through the directors of the competent regional military manpower offices (referring to the directors of regional military manpower offices or heads of military manpower branch offices having jurisdiction over the administrative districts where the main offices of shipping enterprises, etc. are located; hereafter in this Section the same shall apply).

[This Article Wholly Amended on Dec. 7, 2009]

Article 40-3(Standards and Procedures for Assignment to Onboard Ship Reserve Service) #

(1) Persons who can be assigned to onboard ship reserve service shall be those who have a mariner's license or ship engineer's license and work or are determined to work onboard a ship under the subparagraphs of Article 40-2 (1), among persons falling under Article 21-2 (1) 1 of the Act, or persons subject to enlistment in active duty service and falling under subparagraph 2 of that paragraph.

(2) Persons who intend to be assigned to onboard ship reserve service as prescribed in paragraph (1) shall submit an application for assignment to onboard ship reserve service (including applications in electronic form) along with a written oath under Article 23-2 (3) of the Act and documents prescribed by Ordinance of the Ministry of National Defense to the heads of shipping enterprises, etc. <Amended on Sep. 29, 2020>

(3) The heads of shipping enterprises, etc. who have received applications for assignment to onboard ship reserve service under paragraph (2) (hereafter in this paragraph referred to as "application for assignment") shall determine persons for recommendation within the number of persons allocated by enterprise under Article 40-2 (3), and submit the following documents to the director of the competent regional military manpower office within seven days (no later than five days prior to the date of enlistment in cases of persons who have been notified of enlistment) from the day they received such applications for assignment: <Amended on Nov. 29, 2016; Sep. 29, 2020>

1. Applications for assignment and attached documents submitted by persons for recommendation;

2. Written oaths under Article 23-6 (1) of the Act.

(4) The director of the competent regional military manpower office who has received the documents under the subparagraphs of paragraph (3) shall determine whether to assign the persons for recommendation to onboard ship reserve service after checking their qualifications, number of persons allocated by enterprise, etc., and notify the relevant persons for recommendation of the results through the heads of the shipping enterprises, etc. <Amended on Sep. 29, 2020>

(5) Persons assigned to onboard ship reserve service as prescribed in paragraph (4) shall be deemed to have been called up when they board a ship under the subparagraphs of Article 40-2 (1): Provided, That persons who have already embarked on the relevant ship shall be deemed to have been called up on the date their assignment was determined.

(6) Deleted. <Jul. 21, 2010>

(7) Where the Minister of Oceans and Fisheries designates or changes educational institutions under Article 21-2 (1) 2 of the Act, he or she shall notify the Minister of National Defense thereof. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Dec. 7, 2009]

Article 40-4(Service of Onboard Ship Reserve Personnel) #

(1) Those assigned to onboard ship reserve service shall, within five years therefrom, work onboard a ship (referring to a ship of 500 gross tonnage in cases of the shipping industry, and to a ship of 100 gross tonnage in cases of the fisheries) of an enterprise under Article 40-2 (1) as ship personnel under subparagraph 3 of Article 2 of the Ship Personnel Act for three years. <Amended on Dec. 20, 2012>

(2) Those assigned to onboard ship reserve service may move to enterprises with ships under the subparagraphs of Article 40-2 (1) and work onboard ships of the relevant size. In such cases, the heads of shipping enterprises, etc. for which onboard ship reserve personnel intend to work may allow them to work as onboard ship reserve personnel within the number of persons allotted by enterprise for the year in which the relevant personnel moved to work to onboard reserve service. <Amended on Nov. 23, 2011>

(3) Notwithstanding the provisions of the latter part of paragraph (2), where a person assigned to onboard ship reserve service intends to move to another enterprise to work onboard a ship because any of the following events has occurred, such person shall be deemed a person allocated to the enterprise to which such person intends to move: Provided, That, in cases falling under subparagraphs 3 through 5, approval from the director of the relevant regional military manpower office shall be obtained and matters necessary for procedures for granting approval shall be prescribed by the Commissioner of the Military Manpower Administration: <Amended on Jul. 21, 2010; Nov. 23, 2011; Jun. 14, 2016; Nov. 29, 2016>

1. Where an enterprise with which a person is serving is closed, suspended, locked out or shut down;

2. Where an enterprise with which a person is serving no longer owns any vessel falling under any of the subparagraphs of Article 40-2 (1) due to reduction in the number of its vessels, etc.;

3. Where a person transferred to onboard ship reserve service, who suffered any damage from the violation of the Labor Standards Act or Seafarers Act by the head of a shipping enterprise, etc. (including any person who takes charge of service management on behalf of the head of a shipping enterprise, etc.) reports such violation to the sea port authority, seafarers’ labor supervisor or the Seafarers Labor Relations Commission pursuant to Article 129 of the Seafarers Act and such violation is confirmed to be an illegal or unjust act;

4. Where a person transferred to onboard ship reserve service are injured or sick in the course of performing his duties prescribed in Article 94 (1) of the Seafarers Act;

5. Where an extenuating circumstance occurred, in which a person is unable to work onboard a ship of an enterprise with which he is serving due to sale, etc. of such ship.

(4) The period of onboard service of onboard ship service personnel shall be from the embarkation date to the disembarkation date entered in the list of seafarers authorized by a maritime and harbor administrative agency as prescribed in Article 44 (3) of the Seafarers Act, or to the disembarkation date in the authorized seafarer’s book under the proviso of Article 45 (3) of that Act or the guarantee letter for seafarers. In such cases, for persons who have worked onboard ships after moving to other enterprises as prescribed in paragraph (2), the period of onboard service in each enterprise shall be added up. <Amended on Feb. 3, 2012>

(5) The provisions on vacation under Articles 62 (5), 69 through 71, and 74 of the Seafarers Act shall apply mutatis mutandis to the vacation of onboard ship reserve personnel. In such cases, the number of vacation days shall be included in the period of their onboard ship service. <Amended on Feb. 3, 2012; Dec. 20, 2012>

(6) Where any member of onboard ship reserve personnel is on temporary leave due to a work-related injury, disease or physical disability under Article 94 (1) or 97 of the Seafarers Act, the period of such leave shall be included in computing the period of his onboard ship duty. <Newly Inserted on Jul. 21, 2010; Feb. 3, 2012>

(7) A person called to onboard ship service shall neither engage in duties for a profit-making purpose, other than onboard ship service, nor hold an additional position: Provided, That he may engage in profit-making activities, except for the duties of a seafarer under the Seafarers' Act, during the period not included in the onboard ship service period such as the period of temporary leave taken due to any reason other than those prescribed in paragraph (6). <Amended on Jul. 21, 2010; Nov. 29, 2016; May 28, 2018>

(8) The directors of the competent regional military manpower offices may provide education concerning the onboard ship reserve system to onboard ship reserve personnel, and may request the heads of shipping enterprises, etc. to provide cooperation for the smooth implementation of such education. <Amended on Jul. 21, 2010>

(9) Detailed matters necessary for service management except those prescribed in paragraphs (1) through (8) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jul. 21, 2010>

[This Article Wholly Amended on Dec. 7, 2009]

Article 40-7(Handling Persons Whose Assignment to Onboard Ship Reserve Service Has Been Revoked) #

(1) Where the director of the competent regional military manpower office has revoked the assignment of any onboard ship reserve personnel pursuant to Article 23-4 (1) of the Act, he or she shall notify the head of the relevant shipping enterprise, etc. thereof. <Amended on Jul. 21, 2010>

(2) The head of a shipping enterprise, etc. who has received a notice under paragraph (1) shall forward the military service record of the relevant onboard ship reserve personnel to the director of the competent regional military manpower office. <Amended on Jul. 21, 2010>

(3) The director of the competent regional military manpower office shall forward the military service record of a person whose assignment to onboard ship reserve service has been revoked under Article 23-4 (1) of the Act to the director of the regional military manpower office who had jurisdiction over such person before the assignment to onboard ship reserve service. In such cases, the head of the competent regional military manpower office shall forward the military service record, specifying the service period calculated pursuant to paragraph (5). <Amended on Jul. 21, 2010; Jun. 22, 2021>

(4) Deleted. <Jul. 21, 2010>

(5) The service period of an onboard ship reserve serviceman, during which he is to be enlisted for active duty service or to be called to serve as social service personnel under the former part of Article 23-4 (2) of the Act shall be calculated in accordance with the following formulas; in such cases, decimal fractions shall be rounded off: <Amended on Jun. 22, 2021>

The service period of a person to be enlisted for active duty service;

(The previous mandatory service period - The number of days served) ÷ The previous mandatory service period × The mandatory service period of active duty servicemen

2. The service period of a person to be called to serve as social service personnel.

(The previous mandatory service period - The number of days served) ÷ The previous mandatory service period × The mandatory service period of social service personnel

(6) “Person whose remaining service period is less than six months in accordance with the standards prescribed by Presidential Decree” in the latter part of Article 23-4 (2) of the Act means a person whose service period calculated in accordance with the formula specified in paragraph (5) 1 is less than six months. <Newly Inserted on Jun. 22, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Jul. 21, 2010]

Article 40-9(Fact-Finding Surveys on Onboard Ship Reserve Service) #

(1) An operational plan under Article 23-5 (1) of the Act (hereafter in this Article referred to as "operational plan") shall include the following: <Newly Inserted on Oct. 14, 2021>

1. The standards for calculation of the number of persons necessary for onboard ship reserve service under Article 40-2 (1);

2. Service guidelines for onboard ship reserve service;

3. Other matters necessary for the systematic operation of the onboard ship reserve service system.

(2) The Minister of Oceans and Fisheries may evaluate the performance of operational plans and reflect the results thereof in calculating the number of persons necessary for the onboard ship reserve service which the Minister is to notify to the Commissioner of the Military Manpower Administration pursuant to Article 40-2 (2). <Newly Inserted on Oct. 14, 2021>

(3) The scope of fact-finding surveys to be conducted under Article 23-5 (2) of the Act shall be as follows: <Amended on Nov. 29, 2016; Sep. 29, 2020; Oct. 14, 2021>

1. Possession and management status of vessels under the subparagraphs of Article 40-2 (1);

2. Management status of onboard ship reserve personnel pursuant to Article 40-5;

3. Implementation status of notification of changes in status pursuant to Article 23-3 of the Act;

4. Status of keeping documents related to the duties of onboard ship reserve personnel;

5. Whether the human rights of onboard ship reserve personnel are infringed upon.

(4) The director of each competent regional military manpower office shall conduct fact-finding surveys according to the following classification: <Amended on Sep. 29, 2020; Oct. 14, 2021>

1. Regular inspection: Inspection conducted annually;

2. Occasional inspection: Inspection conducted when the director of the competent regional military manpower office deems necessary.

(5) The head of a shipping enterprise, etc. on which a fact-finding survey is required to be conducted pursuant to paragraph (4) shall fully cooperate with such inspection. <Amended on Oct. 14, 2021>

(6) When conducting a fact-finding survey pursuant to paragraph (4), the director of the competent regional military manpower office shall report the results thereof to the Commissioner of the Military Manpower Administration. <Amended on Oct. 14, 2021>

(7) The director of the competent regional military manpower office may evaluate shipping enterprises, etc. for their actual status of management of service depending on the results of a fact-finding survey. <Amended on Oct. 14, 2021>

(8) The methods and criteria for evaluating shipping enterprises, etc., and matters concerning the use of the evaluation results, such as preferential treatment for shipping enterprises, etc. with excellent evaluation scores pursuant to paragraph (7) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Oct. 14, 2021>

[This Article Newly Inserted on Jul. 21, 2010]

Article 43(Secondment by Recommendation) #

(1) The Commissioner General of the Korean National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard shall make a request to the Minister of National Defense by the end of February for the allocation of recommended personnel, in cases where he or she intends to recommend mandatory firefighting unit personnel or auxiliary police officers for the following year under Article 25 (1) of the Act. <Amended on Nov. 19, 2014; Nov. 20, 2015; Jul. 26, 2017; Sep. 22, 2017>

(2) The Commissioner General of the Korean National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard shall forward a list of personnel recommended as mandatory firefighting unit personnel or auxiliary police officers pursuant to Article 25 (1) of the Act to the Commissioner of the Military Manpower Administration no later than 50 days prior to the date of enlistment (in cases of scheduled graduates of the Police College to serve in the auxiliary police company after graduation, no later than January 15 of the graduation year). <Amended on Nov. 19, 2014; Nov. 20, 2015; Nov. 29, 2016; Jul. 26, 2017; Sep. 22, 2017>

(3) The Commissioner of the Military Manpower Administration shall, upon receipt of the list of personnel recommended by the Commissioner General of the Korean National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard under paragraph (2), forward it to the director of a regional military manpower office no later than 45 days prior to the date of enlistment, and the director of each regional military manpower office shall forward to the commanding officer of the military unit, the list of those subject to enlistment and the military service records, after forwarding to the principal a notice of enlistment in active duty service no later than 30 days prior to the date of enlistment. <Amended on Nov. 19, 2014; Nov. 29, 2016; Jul. 26, 2017>

(4) The commanding officer of the military unit in receipt of the list of those subject to enlistment under paragraph (3) shall, where those subject to enlistment have enlisted in the military, have them undergo a physical examination for enlistment under Article 18-8 (2) (only applicable to those who have not undergone an enlistment examination) and shall forward to the director of the relevant regional military manpower office, the list of those enlisted (it can be substituted by a written personnel order) and the list of those not enlisted (including those invalided), and their military service records. <Amended on Jun. 22, 2021>

(5) The Minister of National Defense shall second those enlisted under paragraph (4) after having them complete the designated military education, and forward to the Commissioner General of the Korean National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard, the list of secondment personnel clarifying the estimated period of secondment and their military service records. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(6) Where the physical grade of a person who has received a notice of enlistment in active duty service under paragraph (3) is determined at Grade VII or such person is invalided under Article 18-8 (3), the director of the relevant regional military manpower office shall manage such person as a person held the status prior to the recommendation. In such cases, Article 27 (1) and (2) shall apply mutatis mutandis to the period of service in cases of reenlistment of persons invalided. <Amended on Nov. 29, 2016; Jun. 22, 2021>

(7) The director of a regional military manpower office shall manage any person in receipt of a notice of enlistment in active duty service under paragraph (3), whose enlistment date has been postponed under Article 129, as a person held the status prior to. <Newly Inserted on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 46(Discharge from Military Service of Persons Whose Secondment Period Expires) #

(1) The Commissioner General of the Korean National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard shall inform the Minister of National Defense of a list of persons whose period of secondment service as obligatory firefighting unit personnel or members of auxiliary police companies is to expire, no later than the 15th day of the month prior to the month in which the secondment period expires. <Amended on Nov. 19, 2014; Nov. 20, 2015; Nov. 29, 2016; Jul. 26, 2017>

(2) Upon receiving a notice prescribed in paragraph (1), the Minister of National Defense shall discharge such persons from secondment service and assign them to reserve service on the day the period of their secondment service expires, and shall notify the Commissioner General of the Korean National Police Agency, the Commissioner of the National Fire Agency or the Commissioner of the Korea Coast Guard and the director of each regional military manpower office of the list of such persons no later than 10 days prior to their transfer to reserve service. <Amended on Nov. 19, 2014; Nov. 29, 2016; Jul. 26, 2017>

(3) With regard to persons enlisted for reserve service under paragraph (2), the Minister of National Defense shall bestow the following military rank in accordance with the rank bestowed under the Enforcement Decree of the Act on the Establishment of Obligatory Firefighting Unit or the Enforcement Decree of the Act on the Establishment and Operation of Auxiliary Police Companies: <Amended on Nov. 20, 2015; Nov. 29, 2016; Sep. 22, 2017>

1. Private fireman and private police officer: Private;

2. Private first class fireman and private first class police officer: Private first class;

3. Corporal fireman and corporal police officer: Corporal;

4. Sergeant fireman, sergeant police officer, and graduate of the Korea National Police University: Sergeant;

5. Special fireman and special police officer: Staff sergeant.

(4) The Minister of National Defense may entrust his authority pertaining to secondment service, revocation of secondment service, change of assignment to military service and assignment of persons whose secondment service period expires to reserve service under Articles 43 and 45 and paragraph (2) of this Article to the chief of staff of each service branch or the commanding officers of military units to which such persons belong. <Amended on Sep. 22, 2017>

[This Article Wholly Amended on Dec. 7, 2009]

Article 59(Leave of Social Service Personnel) #

(1) The heads of service institutions may grant leave to the social service personnel according to the following classification: <Amended on Mar. 29, 2011; Dec. 4, 2013; Nov. 29, 2016; Jan. 7, 2020; Oct. 14, 2021; Jun. 30, 2022; Apr. 23, 2024>

1. Annual leave: Up to 31 days in total, based upon the period of service;

2. Leave on application:

(a) Where the principal is to marry: Up to five days;

(b) Where his spouse dies, or any parent of the principal or spouse dies: Up to five days;

(c) Where his parent, sibling, or spouse is in critical condition, and no one is available to attend thereto: Up to three days;

(d) Where his lineal descendant dies, or any grandparent or maternal grandparent of the principal or spouse dies: Up to three days;

(e) Where any sibling of the principal or his spouse dies: One day;

(f) Where his spouse gives birth: Up to 10 days (or 15 days in cases of giving birth to at least two children at a time);

(g) Where his spouse has a miscarriage or stillbirth: Three days;

(h) Where he has a child and falls under any of the following cases: Up to 10 days per year:

(i) Where he needs to take care of his child due to closure of a child care center under the Child Care Act, a kindergarten under the Early Childhood Education Act, or a school under the subparagraphs of Article 2 of the Elementary and Secondary Education Act (hereafter in this paragraph referred to as "child care center, etc.") or for any other reason equivalent thereto;

(ii) Where he participates in an official event of a child care center, etc. or in counseling with a teacher;

(iii) Where he accompanies his minor child or his child with a disability under Article 2 (2) of the Act on Welfare of Persons with Disabilities, to hospital treatment (including health checkups under Article 52 of the National Health Insurance Act or vaccinations under Articles 24 and 25 of the Infections Disease Control and Prevention Act);

(i) Where he has a child aged five years or younger: Child care hours up to two hours per day; in such cases, matters necessary for the criteria, procedures, etc. for use of child care hours shall be determined by the Commissioner of the Military Manpower Administration;

3. Sick leave:

(a) Where one is unable to perform his duty due to any injury or illness in the course of performing a duty, the period during which he is unable to perform his duty;

(b) Where one is unable to perform his duty due to any injury or illness that has occurred irrespective of his duty, the period during which he is unable to perform his duty;

4. Official leave: A necessary period shall be given in any of the following cases:

(a) Where he is summoned to the National Assembly, court of law, public prosecutors' office, or other State agency with regard to his duty;

(b) Where he seeks to participate in voting in accordance with Acts;

5. Special leave:

(a) Where he is acknowledged as an exemplary worker by virtue of his excellent merit: Not more than five days per annum;

(b) Where he is officially commended for good conduct, etc.: Not more than five days per annum;

(c) Where he works for a social welfare facility defined in the Social Welfare Services Act or a kindergarten or an elementary, middle, or high school to support the activities of persons eligible for special education defined in the Act On Special Education for Persons with Disabilities: Not more than 10 days per annum;

(d) Other than the cases of item (c), where there is a need to console a person for his special service or a person in an inferior work environment: Not more than five days per annum.

(2) Where sick leave under paragraph (1) 3 (b) exceeds 30 days in the aggregate, the number of days exceeding 30 days shall be excluded from the period of service.

(3) The head of each service institution shall, where social service personnel are required to attend classes in the course of study by means of telecommunications or remote classes pursuant to the proviso of subparagraph 4 of Article 65-6, grant them annual leave referred to in paragraph (1) 1 to attend such classes unless there is a compelling reason not to do so. <Amended on Dec. 4, 2013; Dec. 29, 2020; Jan. 30, 2024; Apr. 23, 2024>

(4) Matters necessary for the number of days for annual leave, etc. based upon the period of service referred to in paragraph (1) 1 shall be prescribed by Ordinance of the Ministry of National Defense.

(5) Notwithstanding paragraph (1) 1, where social service personnel who have never violated the duty of service, such as absence from work or out of service, have not taken sick leave prescribed in paragraph (1) 3 (b) or taken sick leave for up to two days in total, from the date of call-up to 30 days prior to the date of discharge from military service, the head of each service institution may grant annual leave to such personnel pursuant to the following classification, in addition to the days of annual leave based upon a period of service prescribed in paragraph (4): <Newly Inserted on Nov. 4, 2014; Jan. 7, 2020; Oct. 14, 2021>

1. Where social service personnel have not taken sick leave: Five days;

2. Where social service personnel have taken sick leave for up to two days in total: Two days.

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Dec. 4, 2013]

Article 62(Remuneration for Social Service Personnel) #

(1) The remuneration equivalent to that of active duty service personnel shall be paid to social service personnel by the head of the relevant service institution from the date of their call-up according to the following standards: <Amended on Dec. 4, 2013; Jan. 7, 2020; Oct. 14, 2021>

1. From the month of call-up to the second month: Remuneration of a private;

2. From the third month from call-up to the eighth month: Remuneration of a private first class;

3. From the ninth month from call-up to the 14th month: Remuneration of a corporal;

4. From the 15th month from call-up: Remuneration of a sergeant.

(2) Notwithstanding paragraph (1), with respect to the following persons, the periods classified as follows shall be added to the base periods for the calculation of remuneration by each rank under the subparagraphs of paragraph (1): <Newly Inserted on Oct. 14, 2021; Dec. 19, 2023>

1. Persons called to serve as social service personnel, from among persons whose assignment to onboard ship reserve service is revoked pursuant to Article 23-4 (1) of the Act: A period calculated by subtracting the service period calculated pursuant to Article 40-7 (5) 2 from the mandatory service period of social service personnel;

2. Persons called to serve as social service personnel, from among persons whose assignment to art and sports personnel is revoked pursuant to Article 33-10 (4) of the Act: A period calculated by subtracting the service period calculated pursuant to Article 68-19 (4) 2 from the mandatory service period of social service personnel;

3. Persons called to serve as social service personnel, from among persons whose assignment to public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates, or public quarantine veterinarians is revoked pursuant to Article 35 (2), 35-2 (2), or 35-3 (2) of the Act: A period calculated by subtracting the service period calculated pursuant to Article 70-2 (5) 2 from the mandatory service period of social service personnel;

4. Persons called to serve as social service personnel, from among persons whose assignment to expert research personnel or industrial technical personnel is revoked pursuant to the main clause, with the exception of the subparagraphs, of Article 41 (1) of the Act: A period calculated by subtracting the service period calculated pursuant to Article 92 (3) 2 or (4) 2 from the mandatory service period of social service personnel;

5. Persons called to serve as social service personnel, from among persons who returned to the status held before entering educational institutions pursuant to Article 30 (1): The period of education received at the relevant educational institution before being expelled therefrom;

6. Persons called to serve as social service personnel, from among persons who are assigned to supplementary service pursuant to Article 137 (7): A period calculated by subtracting the service period calculated pursuant to subparagraph 2 of Article 92-2 from the mandatory service period of social service personnel;

7. Persons called to serve as social service personnel, from among persons whose assignment to alternative service is revoked pursuant to Article 25 (1) of the Alternative Service Act: A period calculated by subtracting the service period calculated pursuant to Article 39 (3) 2 of the Enforcement Decree of that Act from the mandatory service period of social service personnel.

(3) Social service personnel shall be reimbursed traveling expenses, and provided with meal allowances, and other related expenses necessary for the performance of their duties in addition to remuneration under paragraph (1) and, if they serve while staying together with other personnel, they shall be provided with room and board and daily necessities. <Amended on Dec. 4, 2013; Oct. 14, 2021>

(4) The Commissioner of the Military Manpower Administration shall determine standards for dress code of social service personnel, such as a uniform, name tag, cap, etc.: Provided, That where it is necessary for the heads of service institutions to determine separate standards for dress code due to characteristics of duties, they may determine separate standards after consultation with the Commissioner of the Military Manpower Administration. <Amended on Dec. 4, 2013; Jan. 5, 2021; Oct. 14, 2021>

(5) The heads of service institutions shall provide social service personnel with uniforms, name tags, caps, etc. in accordance with the standards for dress code under paragraph (4) at the expense of such institutions and require such personnel to wear or affix them. <Amended on Dec. 4, 2013; Jul. 2, 2019; Jan. 5, 2021; Oct. 14, 2021>

(6) Notwithstanding the provisions of paragraphs (1) through (3) and (5), the Commissioner of the Military Manpower Administration or the heads of central administrative agencies in charge of service institutions may pay social service personnel who perform social service duties prescribed in the proviso of Article 31 (5) of the Act, remuneration and travel expenses incurred in performing their duties which the heads of the relevant service institutions are to pay, within the budget. <Amended on Dec. 4, 2013; Oct. 14, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Dec. 4, 2013]

[Moved from Article 61 <Dec. 7, 2009>]

Article 64-2(Resource Management of Social Service Personnel) #

(1) The director of each regional military manpower office shall manage the register of orders for call-up to serve as social service personnel, military service records, etc. with respect to persons to be called up to serve as social service personnel. <Amended on Dec. 4, 2013>

(2) The heads of service institutions where social service personnel serve shall provide and manage a list of social service personnel, along with the military service records of supplementary service and daily evaluations of service and shall also record and organize matters to be reported on changes in status, field of service, form and area of service, changes in working hours, vacation, call for military education, provision of education regarding duties, and other matters related to service in the military service records of supplementary service under Article 32 of the Act: Provided, That the Minister of Health and Welfare shall exercise overall control over the management of social service personnel assigned to social welfare facilities, but the competent Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall supervise matters related to their service. <Amended on Mar. 15, 2010; Mar. 23, 2013; Dec. 4, 2013; Nov. 29, 2016>

(3) The heads of service institutions under paragraph (2) shall promptly notify the director of the regional military manpower office of the social service personnel whose sick leave exceeds 30 days or for whom any cause for arrest, etc. has occurred due to a crime. <Amended on Dec. 4, 2013>

(4) The Commissioner of the Military Manpower Administration shall determine matters necessary for the resource management, etc. of social service personnel, other than those prescribed in paragraphs (1) through (3). <Amended on Dec. 4, 2013>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Dec. 4, 2013]

[Moved from Article 67; previous Article 64-2 Deleted. <Dec. 7, 2009>]

Article 65(Divided Service of Social Service Personnel) #

(1) The detailed criteria for cases in which it is allowable to resume the service suspended pursuant to Article 31-3 (1) of the Act shall be as follows:

1. Where the person needs medical treatment for at least one month;

2. Where the person has no other family member who lives in his household, or it is practically difficult to nurse the sick person although there is another family member because of any mental or physical disorder, etc.;

3. Where the person falls under any of the following:

(a) Where it is necessary to restore a house or farm destroyed by a storm or flood as defined in subparagraph 3 of Article 2 of the Countermeasures against Natural Disasters Act;

(b) Where it is necessary to support his family because of death, unemployment, etc. of the family member who has taken responsibility for the family's livelihood;

(c) Where there is any ground approved by 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).

(2) Social work personnel may, if any ground set forth in the subparagraphs of paragraph (1) exists, file an application for divided service of social service personnel with the head of the service institution. In such cases, the head of the service institution shall forward the application to the director of the regional military manpower office without delay. <Amended on Dec. 4, 2013>

(3) The director of each regional military manpower office shall, upon receipt of an application for divided service of social service personnel under paragraph (2), examine the ground for divided service, service suspension period, etc. under Article 31-3 (1) and (2) and make a decision on whether to suspend service and the service suspension period, and shall serve a notice of divided service of social service personnel on the applicant through the head of the service institution. <Amended on Dec. 4, 2013; Jun. 30, 2022>

(4) Social work personnel shall, upon expiration of the period of service suspension under paragraph (3), report to the head of the service institution on their resumption of service on the day immediately following the end of the period. In such cases, the social service personnel shall perform service during the mandatory service period, excluding the period during which they had already performed service. <Amended on Dec. 4, 2013>

(5) The head of each service institution shall, if any social service personnel whose service was suspended wishes to resume service before the expiration of the period of service suspension, immediately notify the director of the regional military manpower office thereof. In such cases, the director of the competent regional military manpower office shall revoke the service suspension and notify the head of the service institution thereof. <Amended on Dec. 4, 2013>

(6) The director of each regional military manpower office shall, in receipt of an application for assignment to industrial technical personnel service from any social service personnel whose service has been suspended pursuant to paragraph (3) and who wishes to be assigned to industrial technical personnel service pursuant to Article 36 (5) 3 of the Act, revoke the service suspension, if deemed proper to assign the person to industrial technical personnel service, and shall notify the head of the service institution thereof. <Amended on Dec. 4, 2013>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Dec. 4, 2013]

[Moved from Article 65-3; previous Article 65 moved to Article 64 <Dec. 7, 2009>]

Article 65-3(Re-Designation of Service Institutions) #

(1) Where any member of social service personnel falls under Article 32 (1) 3 or 6 of the Act, he may submit an application for re-designation of a service institution, etc. (including applications in electronic form) together with the documents prescribed by Ordinance of the Ministry of National Defense to the head of the service institution where he serves. <Amended on Dec. 4, 2013>

(2) The head of a service institution who has received an application for re-designation of a service institution, etc. pursuant to paragraph (1) shall verify whether the applicant falls under Article 32 (1) 3 or 6 of the Act and forward the application to the director of the regional military manpower office without delay.

(3) The director of a regional military manpower office, in receipt of an application for re-designation of a service institution, etc. in accordance with paragraph (2), shall newly designate a service institution and forward a notice of re-designation of a service institution, etc. to the relevant social service personnel via the head of the service institution no later than seven days before the personnel start working at the newly designated service institution, and shall notify the head of the newly designated service institution thereof. <Amended on Dec. 4, 2013; Dec. 29, 2020>

(4) Social work personnel, in receipt of notice of the re-designation of a service institution, etc. under paragraph (3), shall arrive at the newly designated service institution on the designated date. In such cases, the period necessary for them to arrive shall be two days and the period shall be included in the service period. <Amended on Dec. 4, 2013>

(5) The head of a service institution shall forward the military service record of supplementary service and the daily evaluation of service of the social service personnel who are assigned to a newly designated service institution to the head of the newly designated service institution. <Amended on Dec. 4, 2013>

(6) The director of a regional military manpower office, in receipt of a list of social service personnel falling under Article 32 (1) 4 and 5 of the Act, shall designate a new service institution. In such cases, paragraphs (3) through (5) shall apply mutatis mutandis to serving notices of re-designation of a service institution, etc. <Amended on Dec. 4, 2013>

(7) The director of a regional military manpower office, in receipt of a list of social service personnel falling under Article 32 (1) 5 of the Act, if circumstances making the re-designation impossible are recognized after taking into consideration the scope of areas commutable to and from work, characteristics of the service institution subject to re-designation, and the number of social service personnel allocated, may require them to continue serving at the current service institutions, notwithstanding paragraph (6). <Amended on Dec. 4, 2013>

[This Article Wholly Amended on Dec. 7, 2009]

[Moved from Article 65-2; previous Article 65-3 moved to Article 65-4 <Apr. 23, 2024>]

Article 66(Remaining Term of Service of Social Service Personnel Following Desertion from Place of Service) #

(1) Where the head of a service institution where social service personnel serve has filed an accusation against social service personnel falling under subparagraph 1 of Article 89-2 or Article 89-3 of the Act with the chief of an investigative agency as prescribed in Article 165 (2) and (3) and such case falls under any of the following, such head shall compel the relevant social service personnel to cease their service: <Amended on Mar. 23, 2013; Dec. 4, 2013; Dec. 29, 2020>

1. Where they are detained;

2. Where they are sentenced to criminal punishment (excluding a suspended sentence of imprisonment or suspension of sentence);

3. Where they desert their places of service for at least three days in total after the accusation has been filed against them and before non-transfer decision or non-prosecution disposition is rendered or a criminal sentence is pronounced.

(2) With regard to a person who was sentenced to criminal punishment and for whom the execution of the sentence has been completed, suspended, or exempted, among social service personnel whose service was suspended pursuant to paragraph (1), the head of a service institution where such social service personnel serve shall provide a written notice for their remaining service period no later than seven days before the personnel start working. <Amended on Jul. 14, 2011; Dec. 4, 2013; Dec. 29, 2020; Dec. 19, 2023>

(3) Deleted. <Dec. 4, 2013>

(4) With regard to a person for whom the execution of the sentence to criminal punishment has become finally and conclusively exempt, among social service personnel whose service was suspended pursuant to paragraph (1), the director of the relevant regional military manpower office shall provide a written notice for their remaining service period no later than seven days before the personnel start working, in order for them to resume service in the pertinent service area for the mandatory service period excluding the period during which they had already performed service: Provided, That a person subject to non-transfer or non-prosecution or a person adjudicated not guilty of a crime, as his act did not constitute a crime or the fact accused was not admitted as true, shall be deemed to have performed service during period of service suspension. <Amended on Dec. 4, 2013; Dec. 29, 2020>

(5) Deleted. <Dec. 4, 2013>

(6) Deleted. <Dec. 4, 2013>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Dec. 4, 2013]

[Moved from Article 56-2; previous Article 66 moved to Article 65-2 <Dec. 7, 2009>]

Article 67(Basic Education on Service and Education on Duties for Social Service Personnel) #

(1) The Commissioner of the Military Manpower Administration, directors of regional military manpower offices, or heads of relevant central administrative agencies shall provide basic education on service and education on duties at least once for social service personnel under Article 33-2 (1) and (2) of the Act. In such cases, the initial basic education on service and education on duties shall be provided within three months from the date of call-up of the social service personnel pursuant to Article 29 of the Act (in cases of a call for military education under Article 55 (1) of the Act, referring to the date of release from such call). <Amended on May 31, 2013; Dec. 4, 2013; Nov. 29, 2016>

(2) "Where he is transferred to supplementary service because of being unfit to perform active duty service or otherwise subject to any grounds prescribed by Presidential Decree" in Article 33-2 (3) 3 of the Act means the following cases: <Newly Inserted on Sep. 22, 2017>

1. Where he is in service after being sentenced to a fine or heavier punishment on any grounds other than those prescribed in Article 33-2 (3) 1 and 2 of the Act;

2. Where he is deemed unfit to perform active duty service due to maladjustment to the military service and so transferred to supplementary service.

(3) The period of basic education on service and education on duties under Article 33-2 (1) and the main clause of Article 33-2 (2) of the Act shall be within 30 days, and the period of guidance education on service under paragraph (3) of that Article shall be within 15 days. In such cases, the education period shall be included in the service period. <Amended on Nov. 29, 2016; Sep. 22, 2017>

(4) The heads of relevant central administrative agencies may commission a specialized educational institution to provide education regarding duties to be performed by the heads of relevant central administrative agencies under the main clause of Article 33-2 (2) of the Act. <Amended on Sep. 22, 2017>

(5) Detailed matters concerning the management of education under Article 33-2 of the Act, educational procedures, etc. shall be prescribed by the Commissioner of the Military Manpower Administration: Provided, That matters concerning education regarding duties performed by the heads of relevant central administrative agencies may be determined separately by the heads of such relevant central administrative agencies. <Amended on Sep. 22, 2017>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

[Moved from Article 63; previous Article 67 moved to Article 64-2 <Dec. 7, 2009>]

Article 68(Delivery of Notice of Education and Postponement of Education Date) #

(1) The Commissioner of the Military Manpower Administration, directors of the competent regional military manpower offices, or heads of the relevant central administrative agencies shall serve a notice of education to persons subject to education under Article 33-2 of the Act no later than 14 days before the scheduled date of education by any of the following methods: <Amended on Dec. 29, 2020>

1. Direct delivery or delivery by the head of the relevant service institution;

2. Service by mail;

3. Service by electronic means as specified in the subparagraphs of Article 3-2 (2) (limited to where consent on service by electronic means is obtained in advance from persons subject to education).

(2) Where any person who has received a notice of education under paragraph (1) falls under any of the following cases, the Commissioner of the Military Manpower Administration, director of the competent regional military manpower office, or the head of the relevant central administrative agency may, upon request, postpone the date of education until the cause or event ceases to exist: <Amended on Nov. 29, 2016>

1. Where he faces impediments to undertaking the education course adequately due to any illness or mental or physical disorder;

2. Where his lineal ascendant or descendant, spouse, sibling, or any of his family members in the same household is seriously ill or dies, and no other person is available to attend to domestic affairs, such as nursing and funeral;

3. Where he is a victim of a natural disaster or any other calamity, and no other person is available to cope with such critical situation;

4. Where he faces impediments to undertaking the education course due to any other extenuating circumstance.

(3) The Commissioner of the Military Manpower Administration, directors of the competent regional military manpower offices, or heads of the relevant central administrative agencies shall reimburse persons subject to education under Article 33-2 of the Act, actual travel expenses for education, within the budget.

(4) Matters necessary for the service of notices for education, postponement of the education date, payment of travel expenses for education, etc. under paragraphs (1) through (3) shall be prescribed by the Commissioner of the Military Manpower Administration: Provided, That matters concerning education regarding duties implemented by the heads of relevant central administrative agencies may be separately determined by the heads of such relevant central administrative agencies. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

[Moved from Article 63-2; previous Article 68 moved to Article 57 <Dec. 7, 2009>]

Article 68-11(Recommendation of Art and Sports Personnel) #

(1) "Persons with special skills in the field of arts or sports prescribed by Presidential Decree" in the former part of Article 33-7 (1) of the Act means any of the following persons: <Amended on Mar. 25, 2016; Jun. 30, 2020; Dec. 29, 2020; Oct. 14, 2021; May 7, 2024>

1. A person who has won a prize in the competition of an international art contest acknowledged by the Commissioner of the Military Manpower Administration, meeting all of the following requirements: Provided, That in cases of an international art contest acknowledged by the Commissioner of the Military Manpower Administration in consideration of the participation ratio, prize-winning ratio, etc. of Koreans, the person means the first prize winner in the competition who has posted the highest competition score; and where the competition scores are the same or cannot be ascertained, the person means one who satisfies the criteria for recommendation determined by the Commissioner of the Military Manpower Administration:

(a) A person who shall have won at least second prize;

(b) A prize winner who shall have posted at least the second highest competition score: Provided, That in the absence of the first prize winner, he shall have posted the highest competition score and, when those who have posted the highest competition score are more than one or it is impracticable to ascertain who has posted the highest competition score, he shall be a person who meets the criteria for recommendation determined by the Commissioner of the Military Manpower Administration;

2. The first prize winner in the competition who shall have posted the highest competition score in a national art contest (limited to contests in a field which has no international contest, such as traditional Korean music) acknowledged by the Commissioner of the Military Manpower Administration: Provided, That when those who have posted the highest competition score are more than one or it is impracticable to ascertain who has posted the highest competition score, he shall be a person who meets the criteria for recommendation determined by the Commissioner of the Military Manpower Administration;

3. A person who shall have completed education on learning the national intangible heritage for at least five years in the field designated as the national intangible heritage pursuant to Article 12 of the Act on the Safeguarding and Promotion of Intangible Heritage and shall have obtained qualifications in the field designated by the Commissioner of the Military Manpower Administration;

4. A person who shall have won at least third prize in the Olympic Games;

5. A person who shall have won the first prize in the Asian Games.

(2) Persons who fall under any of the subparagraphs of paragraph (1) and wish to serve as art and sports personnel shall submit an application (including applications in electronic form) for recommendation for art and sports personnel, with a prizewinning confirmation and other necessary documents, to the Minister of Culture, Sports and Tourism. <Amended on Nov. 29, 2016>

(3) Upon receipt of an application for recommendation for art and sports personnel pursuant to paragraph (2), the Minister of Culture, Sports and Tourism shall notify the Commissioner of the Military Manpower Administration of a list of nominees within 14 days of receipt of the applications.

(4) Art and sports personnel shall serve in the field determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016>

[This Article Newly Inserted on Dec. 4, 2013]

Article 68-12(Public Interest Service of Art and Sports Personnel) #

(1) The hours for which art and sports personnel shall serve in public duties (hereinafter referred to as "public interest service") using their special skills related to arts and sports under Article 33-8 (5) of the Act shall be 544 hours in total during their mandatory service period (where the service period is reduced under Article 42 (3) of the Act, it shall be the number of hours remaining after subtracting 16 hours for each reduced one month (in calculating the reduced period, 15 days or more shall be counted as one month, and less than 15 days shall not be counted), from 544 hours). <Newly Inserted on Oct. 14, 2021>

(2) Activities subject to public interest service under Article 33-8 (6) 2 of the Act shall be as follows: <Amended on Oct. 14, 2021>

1. Cultural and arts activities or sports activities for promoting the rights and interests of the socially vulnerable class;

2. Cultural and arts activities or sports leader or education activities for preschool children or adolescents;

3. Other voluntary activities by utilizing specialty recognized by the Minister of Culture, Sports and Tourism, in consultation with the Commissioner of the Military Manpower Administration, including performance, classes, education, or public-service campaign.

(3) Agencies subject to public interest service under Article 33-8 (6) 2 of the Act shall be designated by the Minister of Culture, Sports and Tourism, from among the following institutions; in such cases, the Minister of Culture, Sports and Tourism shall consult with the Commissioner of the Military Manpower Administration to designate an institution specified in subparagraph 5: <Newly Inserted on Oct. 14, 2021>

1. Schools located in islands and remote areas under Article 2 of the Act on the Promotion of Education in Islands and Remote Areas, among schools under the subparagraphs of Article 2 of the Elementary and Secondary Education Act;

2. Special schools under subparagraph 4 of Article 2 of the Elementary and Secondary Education Act;

3. Juvenile detention centers under Article 3 (1) of the Act on the Treatment of Protected Juveniles;

4. Child welfare facilities under the subparagraphs of Article 52 (1) of the Child Welfare Act;

5. Other institutions that can perform functions for the public interest by utilizing special skills of art and sports personnel.

(4) The quarterly standards for public interest service under Article 33-8 (6) 3 of the Act shall be at least 24 hours. <Newly Inserted on Oct. 14, 2021>

(5) The Minister of Culture, Sports and Tourism shall formulate annual operational plans, including schedule or venue, etc. of public interest service provided by art and sports personnel, by not later than January 13 each year. <Amended on Oct. 14, 2021>

(6) The Minister of Culture, Sports and Tourism shall notify the Commissioner of the Military Manpower Administration of the results of public interest service provided by each art and sports personnel, by not later than the 20th of the month following the month in which public interest service is provided. <Amended on Oct. 14, 2021>

(7) Detailed procedures for providing public interest service, including the standards for recognizing the actual provision of public interest service, shall be determined by the Minister of Culture, Sports and Tourism in consultation with the Commissioner of the Military Manpower Administration. <Amended on Oct. 14, 2021>

[This Article Newly Inserted on Jun. 30, 2015]

[Title Amended on Oct. 14, 2021]

[Previous Article 68-12 moved to Article 68-13 <Jun. 30, 2015>]

Article 68-19(Remaining Term of Service of Art and Sports Personnel Following Desertion from Place of Service) #

(1) Where the Minister of Culture, Sports and Tourism has filed an accusation against a member of the art and sports personnel falling under subparagraph 1 of Article 89-2 or Article 89-3 of the Act with the chief of an investigative agency as prescribed in Article 165 (2) and (3) and such case falls under any of the following, the Minister shall compel the relevant member to cease his service: <Amended on Dec. 29, 2020>

1. When he is detained;

2. When he is sentenced to criminal punishment (excluding a suspended sentence of imprisonment or suspension of sentence);

3. When he deserts his place of service for at least three days in total after the accusation has been filed against him and before non-transfer decision or non-prosecution disposition is rendered or a criminal sentence is pronounced.

(2) With regard to art and sports personnel, among those charged under paragraph (1), who were sentenced to criminal punishment, if the execution of the sentence imposed upon them has been completed, suspended, or exempted, the director of the relevant regional military manpower office shall cancel the assignment of the art and sports personnel to such service and call them up to serve as social service personnel. <Amended on Dec. 19, 2023>

(3) With regard to a person whose service as art and sports personnel was suspended pursuant to paragraph (1), the director of the relevant regional military manpower office shall order him to resume service in the pertinent service area for the mandatory service period excluding the period during which he had already performed service, if he is released without being sentenced to any criminal punishment: Provided, That a person subject to non-transfer or non-prosecution or a person adjudicated not guilty of a crime, as his act did not constitute a crime or the fact accused was not admitted as true, shall be deemed to have performed service during the period of service suspension. <Amended on Nov. 29, 2016; Dec. 29, 2020>

(4) "Remaining period of service under the standards prescribed by Presidential Decree" in Article 33-10 (5) 1 or 2 of the Act means the period of service calculated in accordance with the following formulas, in which decimal fractions shall be rounded off; in such cases, when calculating the number of days of service, 16 hours per month of service as art and sports personnel shall be calculated as hours to be spent for public interest service; and where the number of hours falls short of the total hours, one month for each 16-hour difference shall be deducted from the number of days of service (in calculating the hours falling short, 8 hours or more shall be counted as 16 hours, and less than 8 hours shall not be counted): <Amended on Nov. 29, 2016; Oct. 14, 2021; Dec. 19, 2023>

The service period of a person to be enlisted for active duty service;

The previous mandatory service period ? The number of days served) ÷ The previous mandatory service period × The mandatory service period of active duty servicemen

2. The service period of a person to be called to serve as social service personnel.

The previous mandatory service period ? The number of days served) ÷ The previous mandatory service period × The mandatory service period of social service personnel

(5) Deleted. <Dec. 19, 2023>

(6) Deleted. <Dec. 19, 2023>

[This Article Newly Inserted on Dec. 4, 2013]

[Moved from Article 68-18 <Jun. 30, 2015>]

Article 68-20(Basic Education on Service for Art and Sports Personnel) #

(1) The Commissioner of the Military Manpower Administration and the Minister of Culture, Sports and Tourism shall provide arts and sports personnel with each of basic education on service and education on duties under Article 33-11 (1) and (2) of the Act, at least once.

(2) Where the Commissioner of the Military Manpower Administration and the Minister of Culture, Sports and Tourism provide basic education on service and education on duties pursuant to paragraph (1), they shall provide the first basic education on service and education on duties within three months (in cases of art and sports personnel whose education date has been postponed pursuant to paragraph (4), within a period separately determined by the Commissioner of the Military Manpower Administration and the Minister of Culture, Sports and Tourism) from the date the relevant persons are assigned to serve as art and sports personnel pursuant to Article 33-7 of the Act.

(3) Where the Commissioner of the Military Manpower Administration and the Minister of Culture, Sports and Tourism intend to provide basic education on service and education on duties pursuant to paragraph (1), they shall send persons subject to education a notice of education by the following methods, no later than 14 days before the date of education:

1. Direct delivery;

2. Service by mail;

3. Service by electronic means as specified in the subparagraphs of Article 3-2 (2) (limited to where consent on service by electronic means is obtained in advance from persons subject to education).

(4) Where a person who has received a notice of education under paragraph (3) falls under any case specified in the subparagraphs of Article 68 (2), the Commissioner of the Military Manpower Administration and the Minister of Culture, Sports and Tourism may, upon request, postpone the date of education until the cause or event ceases to exist.

(5) Where the Commissioner of the Military Manpower Administration and the Minister of Culture, Sports and Tourism provide basic education on service and education on duties pursuant to paragraph (1), they shall reimburse persons subject to education for actual travel expenses, within the budget.

(6) Except as provided in paragraphs (1) through (5), matters necessary for basic education on service shall be determined by the Commissioner of the Military Manpower Administration, and matters necessary for education on duties shall be determined by the Minister of Culture, Sports and Tourism.

[This Article Newly Inserted on Oct. 14, 2021]

Article 69(Enlistment as Public Health Doctors) #

(1) The Minister of Health and Welfare, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs shall consult with the Commissioner of the Military Manpower Administration no later than September 30 of each year with regard to the manpower supply and demand plan for the following year, including the required number of personnel who are to serve as public health doctors, public-service judge advocates, or public quarantine veterinarians: Provided, That with regard to the number of required public quarantine veterinarians in the manpower supply and demand plan for public quarantine veterinarians, he or she shall obtain approval from the Minister of National Defense. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Jun. 14, 2016; Nov. 29, 2016>

(2) Any of the following persons shall submit an application for enlistment as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service judge advocate, or public quarantine veterinarian (including applications in electronic form) to the Commissioner of the Military Manpower Administration by not later than February 10 (for a person falling under subparagraph 1 who has taken and passed the national examination for doctors administered due to the urgent need to recruit medical personnel in accordance with the Medical Service Act, no later than 15 days after the date of announcement of the successful applicants; and for a person falling under subparagraph 3, no later than 15 days after the date of announcement of the successful bar examination candidates) of the year of enlistment: Provided, That a person who has stated in his application for enlistment as an officer in active duty service in the medical, judicial, or veterinary field or in his application for enlistment as a military surgeon candidate, judicial officer candidate, or veterinary officer candidate that he wishes to be enlisted as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service judge advocate, or public quarantine veterinarian, once he is not enrolled on the military register of officers in active duty service in the medical, judicial, or veterinary field pursuant to Article 118 (2) or the latter part of Article 119 (2) shall be deemed to have submitted an application for enlistment as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service judge advocate, or public quarantine veterinarian: <Amended on Jul. 21, 2010; Dec. 20, 2012; Nov. 29, 2016; Feb. 17, 2021; Oct. 14, 2021>

1. A person who falls under any subparagraph of Article 34 (1) of the Act and who wishes to be enlisted as a public health doctor;

2. A person who falls under Article 34 (1) 2 of the Act and who wishes to be enlisted as a doctor exclusively in charge of the draft physical examination;

3. A person who falls under any subparagraph of Article 34-6 (1) of the Act and who wishes to be enlisted as a public-service judge advocate;

4. A person who falls under any subparagraph of Article 34-7 (1) of the Act and who wishes to be enlisted as a public quarantine veterinarian.

(3) With regard to enlistment as a public health doctor, public-service judge advocate or public quarantine veterinarian, the Commissioner of the Military Manpower Administration shall have persons falling under Article 34 (1) 2, 34-6 (1) 2, or 34-7 (1) 2 of the Act enlisted with priority. <Amended on Jul. 21, 2010>

(4) The Commissioner of the Military Manpower Administration shall determine the required number of doctors exclusively in charge of the draft physical examination according to their specialties and preferentially enlist persons falling under Article 34 (1) 2 of the Act as doctors exclusively in charge of the draft physical examination. <Amended on Nov. 29, 2016>

(5) Deleted. <Jun. 14, 2016>

(6) The Commissioner of the Military Manpower Administration shall notify the Minister of Health and Welfare, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs of a list of persons who have been enlisted as public health doctors, public-service judge advocates, or public quarantine veterinarians under Articles 34 (1), 34-6 (1), and 34-7 (1) of the Act. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Jun. 14, 2016>

(7) Upon receiving a list pursuant to paragraph (6), the Minister of Health and Welfare, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs shall assign public health doctors, public-service judge advocates, or public quarantine veterinarians to the respective places of duty, which have been determined by each Minister, and shall notify the Commissioner of the Military Manpower Administration of the places of duty and list without delay. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Jun. 14, 2016>

(8) Matters necessary for the criteria for enlistment as public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates, or public quarantine veterinarians shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jul. 21, 2010; Jun. 14, 2016; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 69-2(Service of Doctors Exclusively in Charge of Draft Physical Examination) #

(1) The Commissioner of the Military Manpower Administration shall, for a person enlisted as a doctor exclusively in charge of the draft physical examination, prepare a written order to provide medical service which designates the place and field of service and shall conduct education regarding duties as may be necessary, so that he can engage in the work of physical examination, etc. pursuant to Article 34-2 (2) of the Act. <Amended on Nov. 29, 2016>

(2) Each doctor exclusively in charge of the draft physical examination shall be deemed appointed on the date stated in the written order to provide medical service referred to in paragraph (1). In such cases, an order to provide medical service issued by the Commissioner of the Military Manpower Administration shall be deemed an order to appoint a public official in a fixed term position. <Amended on Nov. 20, 2013; Nov. 29, 2016>

(3) The Commissioner of the Military Manpower Administration shall issue a written order to provide medical service under paragraph (1) in a manner to be forwarded to the person to be appointed as a doctor exclusively in charge of the draft physical examination before he commences medical service and shall notify the director of the relevant regional military manpower office of such issuance. <Amended on Nov. 29, 2016>

(4) The director of each regional military manpower office shall, in receipt of notification referred to in paragraph (3), keep the roster of doctors exclusively in charge of the draft physical examination prescribed by Ordinance of the Ministry of National Defense and enter changes in their status, status of their service, and other matters relating to their management in the roster. <Amended on Nov. 29, 2016>

(5) The director of each regional military manpower office shall evaluate the work performance of doctors exclusively in charge of the draft physical examination according to the evaluation paper for work performance of doctors exclusively in charge of the draft physical examination prescribed by Ordinance of the Ministry of National Defense and report their job performance evaluations to the Commissioner of the Military Manpower Administration within 15 days after the end of every half year. <Amended on Nov. 29, 2016>

(6) Remuneration paid to doctors exclusively in charge of the draft physical examination under Article 34-2 (1) of the Act shall be equal to remuneration paid to public health doctors under Article 8 of the Enforcement Decree of the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 69-3(Education on Duties and Training for Doctors Exclusively in Charge of Draft Physical Examination) #

(1) The Commissioner of the Military Manpower Administration shall conduct education on duties concerning the standards for disposition for military service and the application, etc. of Ordinance of the Ministry of National Defense prescribing matters on the draft physical examination, etc., for up to one month, for those enlisted to serve as doctors exclusively in charge of the draft physical examination as prescribed in Article 34-2 (2) of the Act. <Amended on Nov. 29, 2016>

(2) The Commissioner of the Military Manpower Administration shall, when he or she calls doctors exclusively in charge of the draft physical examination to conduct education on duties under paragraph (1), have a document stating personal data of the doctors to be called, date and place of the call, etc. delivered to the relevant doctors exclusively in charge of the draft physical examination three days before they are called. <Amended on Nov. 29, 2016>

(3) The heads of military hospitals, etc. which conduct training for doctors exclusively in charge of the draft physical examination under Article 34-2 (2) of the Act shall offer convenience necessary for the training during the training period and supervise service of the doctors exclusively in charge of the draft physical examination according to the standards for service of military surgeons in the relevant military unit and shall notify the Commissioner of the Military Manpower Administration of the results of the training at the end of the training. <Amended on Nov. 29, 2016>

(4) The period and courses for education on duties and training referred to in paragraphs (1) and (3) shall be determined by the Commissioner of the Military Manpower Administration.

(5) The Commissioner of the Military Manpower Administration may reimburse travel expenses to doctors exclusively in charge of the draft physical examination within the budget during the period of education on duties and training under paragraphs (1) and (3). <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 70(Calculation of Period of Mandatory Service of Public Health Doctors) #

(1) The period of mandatory service of public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates, or public quarantine veterinarians shall be counted from the first day of service in the pertinent field. <Amended on Jul. 21, 2010; Jun. 14, 2016; Nov. 29, 2016>

(2) No period of mandatory service of public health doctors or doctors exclusively in charge of the draft physical examination that falls under any of the following subparagraphs shall be included in the mandatory period of service. In such cases, the Minister of Health and Welfare or the director of the regional military manpower office shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence: <Amended on Mar. 15, 2010; Nov. 29, 2016>

1. The resident training period;

2. The period during which the person could not serve for at least 30 days due to grounds unrelated to his duty, such as hospitalization, recuperation, etc.

(3) Deleted. <Jun. 14, 2016>

(4) No period of mandatory service during which a public-service judge advocate could not serve for at least 30 days due to grounds unrelated to his duty, such as hospitalization and recuperation, shall be included in the mandatory service period of the public-service judge advocate. In such cases, the Minister of Justice shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence. <Amended on Jun. 14, 2016; Nov. 29, 2016>

(5) No period of mandatory service during which a public quarantine veterinarian could not serve for at least 30 days due to grounds unrelated to his duty, such as hospitalization and recuperation, shall be included in the mandatory service period of the public quarantine veterinarian. In such cases, the Minister of Agriculture, Food and Rural Affairs shall notify the Commissioner of the Military Manpower Administration thereof within 14 days from its occurrence. <Amended on Jul. 21, 2010; Mar. 23, 2013; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 70-2(Remaining Period of Service of Public Health Doctors Due to Desertion from Service) #

(1) When the Minister of Health and Welfare, the Commissioner of the Military Manpower Administration, the Minister of Justice, or the Minister of Agriculture, Food and Rural Affairs files an accusation against any public health doctor, doctor exclusively in charge of the draft physical examination, public-service judge advocate, or public quarantine veterinarian who falls under subparagraphs 2 through 4 of Article 89-2 of the Act, with the chief of an investigative agency in accordance with Article 165 (2), he or she shall compel the relevant person to cease to perform service. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Jun. 14, 2016; Nov. 29, 2016>

(2) When the Commissioner of the Military Manpower Administration cancels the enlistment of a person whose service has been terminated as prescribed in paragraph (1) as a public health doctor, doctor exclusively in charge of the draft physical examination, public-service judge advocate, or public quarantine veterinarian in accordance with Articles 35 (4), 35-2 (4), and 35-3 (4) of the Act, he or she shall notify the director of the relevant regional military manpower office thereof. <Amended on Jul. 21, 2010; Jun. 30, 2015; Jun. 14, 2016; Nov. 29, 2016>

(3) With regard to persons released without sentencing, or who were sentenced and the execution thereof has been completed, suspended, or exempted, among persons whose assignment has been revoked in accordance with Articles 35 (4), 35-2 (4), and 35-3 (4) of the Act, the director of the regional military manpower office shall call them up to perform service as social service personnel. <Amended on Dec. 4, 2013; Jun. 30, 2015; Dec. 19, 2023>

(4) Deleted. <Jun. 30, 2015>

(5) The service period of a public health doctor, doctor exclusively in charge of the draft physical examination, public-service judge advocate, and public quarantine veterinarian drafted into active duty service or called up to serve as social service personnel under Article 35 (3), 35-2 (3), and 35-3 (2) of the Act shall be calculated in accordance with the following formulas, in which decimal fractions shall be rounded off: Provided, That among persons against whom an accusation was filed under paragraph (1), a person subject to non-transfer or non-prosecution or a person adjudicated not guilty of a crime shall be deemed to have performed service in the relevant field of service during the period of service suspension before the enlistment for active duty service or call-up to serve as social service personnel: <Newly Inserted on Jul. 14, 2011; Dec. 4, 2013; Jun. 30, 2015; Jun. 14, 2016; Nov. 29, 2016; Dec. 29, 2020>

The service period of a person to be enlisted for active duty service;

(The previous mandatory service period ? The number of days served) ÷ The previous mandatory service period × The mandatory service period of active duty servicemen

2. The service period of a person to be called to serve as social service personnel.

The previous mandatory service period ? The number of days served) ÷ The previous mandatory service period × The mandatory service period of social service personnel

(6) “Person whose remaining period of service is less than six months as prescribed by Presidential Decree” in the latter part of Articles 35 (3), 35-2 (3) and 35-3 (2) of the Act means a person in whose case the service period calculated according to the formula set forth in paragraph (5) 1 is less than six months, respectively. <Newly Inserted on Dec. 4, 2013>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Jul. 14, 2011]

Article 72(Standards for Selection of Military Service-Designated Entities, Such as Research Institutes) #

(1) Standards for selection of research institutes with which expert research personnel will serve are as follows: <Amended on Oct. 1, 2010; Jun. 24, 2011; Mar. 23, 2013; May 31, 2013; Sep. 25, 2015; Nov. 29, 2016; Dec. 30, 2022>

1. A research institute in the field of natural science with at least five expert research personnel who hold at least a master’s degree in the field of natural science: Provided, That if it is a research institute affiliated with a small or medium enterprise defined in Article 2 of the Framework Act on Small and Medium Enterprises (hereinafter referred to as "small or medium enterprise"), the following classifications shall apply:

(a) A research institute affiliated with a startup defined in Article 2 of the Support for Small and Medium Enterprise Establishment Act: It shall have at least one expert research personnel who has at least a master’s degree in the field of natural science;

(b) A research institute affiliated with a small or medium enterprise, other than those referred to in item (a), shall have at least two expert research personnel who have at least a master’s degree in the field of natural science;

2. A research institute in the field of humanities and social sciences with at least 10 expert research personnel who hold at least a master's degree in the field of humanities and social sciences;

3. A research institute designated in accordance with the Specific Research Institutes Support Act (in cases of the Korea Advanced Institute of Science and Technology, the Gwangju Institute of Science and Technology, and the DaeguGyeongbuk Institute of Science and Technology, the course of a doctorate degree in the field of natural science and the affiliated research institutes are included; hereinafter the same shall apply);

4. An excellent collective research institute as provided for in the Basic Research Promotion and Technology Development Support Act;

5. A graduate school in the field of natural science established in accordance with the Higher Education Act and an affiliated university research institute recognized by the Minister of Education (hereinafter referred to as "university research institute");

6. A research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions;

7. A research institute performing projects to establish the foundation of industrial technology established under Article 19 of the Industrial Technology Innovation Promotion Act.

(2) Standards for selection of key industrial enterprises with which industrial technical personnel will serve are as follows: <Amended on Nov. 29, 2016>

1. For the manufacturing industry: A manufacturing enterprise or enterprise engaged in information processing;

2. For the energy industry: A development and maintenance enterprise or oil refining and natural gas enterprise;

3. For the mining industry: An enterprise which maintains at least 10 personnel and which operates the business of mining minerals (excluding coal), or enterprise which is engaged in ore dressing and smelting or in mining over 12,000 tons of coal annually;

4. For the construction industry: An 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. For the fisheries industry: An enterprise which owns at least five fishing vessels (including leased vessels) or an enterprise which owns a vessel of at least 500 gross tonnage in total, both of which operate deep sea fishing or coastal fishing;

6. For the marine transportation industry: An enterprise which owns a vessel of at least 1,500 gross tonnage in total and which engages in maritime shipment, or an enterprise which manages a ship of at least 5,000 gross tonnage in total, for overseas service.

(3) Standards for selection of research institutes and defense enterprises in the field of the defense industry with which expert research personnel or industrial technical personnel will serve are as follows: <Amended on Nov. 29, 2016>

1. A research institute in the defense industry: A research institute commissioned in accordance with the Defense Acquisition Program Act;

2. A defense enterprise: An enterprise designated in accordance with the Defense Acquisition Program Act (including military maintenance units; hereinafter the same shall apply).

(4) Matters relating to the detailed selection criteria for military service-designated entities where expert research personnel and industrial technical personnel will serve under paragraphs (1) through (3) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 73(Recommendation for Selection of Military Service-Designated Entities) #

(1) The heads of research institutes or business entities (referring to the representatives thereof in cases of corporations; hereinafter the same shall apply) shall, when they intend to have their institutes or business entities designated as military service-designated entities under Article 36 (1) of the Act (referring to research laboratories or their branches in cases of research institutes; factories or workplaces in cases of key industrial enterprises or defense enterprises; and business entities in cases of other fields; hereinafter the same shall apply), obtain recommendation according to the following classification: <Amended on Jun. 24, 2011; Mar. 23, 2013; Nov. 29, 2016; Jul. 26, 2017>

1. For a research institute in the field of natural science, a designated research institute under the Specific Research Institutes Support Act, an excellent collective research institute under the Basic Research Promotion and Technology Development Support Act, and a research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions: The Minister of Science and ICT;

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;

4. For a research institution established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions: The Minister of the Office for Government Policy Coordination;

5. For a research institute performing projects to establish the foundations of industrial technology under Article 19 of the Industrial Technology Innovation Promotion Act: The Minister of Trade, Industry and Energy;

6. For a research institute in the defense industry: The president of the Agency for Defense Development;

7. For a key industrial enterprise: The head of the competent central administrative agency;

8. For a defense enterprise (including a research institute in the defense industry where only industrial technical personnel may serve under Article 38 (1) 2 of the Act): The Chairman of the Korea Defense Industry Association.

(2) The head of a research institute or an enterprise which intends to be selected as a military service-designated entity shall attach necessary documents to an application for selection as a military service-designated entity (including applications in electronic form) and submit them to a person who has the authority to recommend military service-designated entities under paragraph (1) (hereinafter referred to as "person who has the authority to recommend military service-designated entities") no later than June 30 of each year: Provided, That the head of a research institute affiliated to a small or medium enterprise may submit them no later than January 31 and June 30 of each year. <Amended on May 31, 2013; Nov. 29, 2016>

(3) Any person who has the authority to recommend military service-designated entities to whom an application for selection as a military service-designated entity has been submitted as prescribed in paragraph (2) shall make a list of enterprises recommended for selection of military service-designated entities aimed at research institutes or enterprises meeting the standards under Article 72 only, and submit it to the Commissioner of the Military Manpower Administration no later than July 31 of each year (in cases of an application for selection as a military service-designated entity which the head of a research institute affiliated to a small or medium enterprise has submitted no later than January 31 of each year, no later than the end of February of each year). <Amended on May 31, 2013; Nov. 29, 2016>

(4) Any person who has the authority to recommend military service-designated entities who has received an application for selection as a military service-designated entity pursuant to paragraph (2) shall confirm the certificate of corporate registered matters through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Nov. 2, 2010; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 76(Revocation of Selection of Military Service-Designated Entities) #

(1) Where a military service-designated entity falls under any of the following subparagraphs, the Commissioner of the Military Manpower Administration may revoke its selection: Provided, That he or she shall revoke such selection in cases falling under subparagraph 1:<Amended on Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2022>

1. Where it is selected as a military service-designated entity by fraud or other improper means;

2. Where the military service-designated entity discontinues its operations or when it ceases to operate due to bankruptcy;

3. Where the operations of the military service-designated entity are suspended for at least six months, or when it has been ordered to cease operations;

4. Where the recognition or designation of the research institute is revoked in accordance with relevant statutes or regulations;

5. Where the commissioning as a research institute of the military service-designated entity in the defense industry is revoked or when the designation as a defense contractor is revoked in accordance with the Defense Acquisition Program Act;

6. Where the military service-designated entity under Article 72 (1) or (2) fails to be allocated or to employ expert research personnel or industrial technical personnel for at least two consecutive years, and no expert research personnel or industrial technical personnel are in service accordingly;

7. Where the military service-designated entity fails to meet the standards for selection even after one year has passed since it failed to meet any of standards for selection provided for in Article 72, and no expert research personnel or industrial technical personnel are in service;

8. Where the military service-designated entity or its head has been finally sentenced to a fine or heavier punishment pursuant to Article 84 (1) 1, 85, 92 (1) through (3), 93 (3) or subparagraph 1 of Article 96 of the Act;

9. Where the head of the military service-designated entity (including a person in charge of service management on behalf of the head of the military service-designated entity) has been finally sentenced to a fine or heavier punishment in accordance with the Labor Standards Act for committing a violation of the said Act against the expert research personnel or industrial technical personnel.

(2) When a military service-designated entity discontinues operations or when it fails to meet any of the standards for selection provided for in Article 72, the person who has the authority to recommend military service-designated entities shall notify the Commissioner of the Military Manpower Administration of such fact within 30 days from the day such cause arose. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

[Moved from Article 77; previous Article 76 moved to Article 75 <Dec. 7, 2009>]

Article 77(Notification and Allocation of Required Number of Personnel) #

(1) The head of each military service-designated entity or the head of each local government shall notify a person who has the authority to recommend military service-designated entities, the Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries of the required number of expert research personnel or industrial technical personnel no later than June 30 of each year, according to each of the following: <Amended on Dec. 4, 2013; Nov. 29, 2016>

1. The required number of expert research personnel or the industrial technical personnel provided for in Article 38 (1) 1 or 2 of the Act: The head of each military service-designated entity shall notify a person who has the authority to recommend military service-designated entities thereof;

2. The required number of industrial technical personnel as next-generation agricultural enterprisers: The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (including the head of a Si/Gun/Gu to whom the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor has delegated such authority; hereafter in this Section, the same shall apply) shall notify the Minister of Agriculture, Food and Rural Affairs thereof;

3. The required number of industrial technical personnel in the agricultural field as listed below: The competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of Si/Gun/Gu shall notify the Minister of Agriculture, Food and Rural Affairs thereof:

(a) Personnel who operate agricultural machinery of an agricultural corporation;

(b) Agricultural machinery repair personnel who serve in the field of agricultural machinery after-sales service;

4. The required number of industrial technical personnel as next-generation fisheries enterprisers: The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor shall notify the Minister of Oceans and Fisheries thereof.

(2) Any person who has the authority to recommend military service-designated entities shall notify the Commissioner of the Military Manpower Administration of the number of personnel required for each military service-designated entity for the following year, while the Minister of Agriculture, Food and Rural Affairs shall notify the Commissioner of the Military Manpower Administration of the number of industrial technical personnel required in the field of agriculture by a Si/Gun/Gu and the Minister of Oceans and Fisheries shall notify the Commissioner of the Military Manpower Administration of the number of industrial technical personnel required in the field of fisheries by a Si/Gun/Gu, no later than July 31 of each year: Provided, That in cases of a research institute or an enterprise recommended for selection as a military service-designated entity for the relevant year under Article 73 (3), the notification may be made simultaneously when a list of enterprises recommended for selection as military service-designated entity is submitted. <Amended on Mar. 23, 2013; Dec. 4, 2013; Nov. 29, 2016>

(3) The Commissioner of the Military Manpower Administration shall allocate, by military service-designated entity or by Si/Gun/Gu, those who may be assigned to expert research personnel service or industrial technical personnel service; where several military service-designated entities exist in a legal entity in cases of a research institute, he or she shall allocate personnel by military service-designated entity after determining personnel to be allocated by legal entity and hearing the opinion of the representative of such legal entity. In such cases, the Commissioner of the Military Manpower Administration may impose restrictions on the allocation of personnel to any enterprise that fails to properly manage the service of personnel, enterprise that has been selected as a military service-designated entity for a long time and a large enterprise, and specific matters concerning standards and methods, etc. for restricting allocation of personnel shall be determined and publicized by the Commissioner of the Military Manpower Administration. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(4) The Commissioner of the Military Manpower Administration shall notify the heads of military service-designated entities or the heads of the competent local governments (referring to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor in cases of industrial technical personnel as next-generation agricultural or fisheries enterprisers, and referring to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu in cases of other industrial technical personnel required in the agricultural field; hereafter in this Section, the same shall apply) of the number of expert research personnel and industrial technical personnel allocated for the following year through the directors of the competent regional military manpower offices. In such cases, the Commissioner of the Military Manpower Administration shall notify the representatives of legal entities of the number of expert research personnel allocated for each such legal entity. <Amended on Mar. 23, 2013; Dec. 4, 2013; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Moved from Article 75; previous Article 77 moved to Article 76 <Dec. 7, 2009>]

Article 78(Procedures for Assignment to Expert Research Personnel Service) #

(1) Detailed criteria concerning majors, degrees, etc. of persons entitled to be assigned to expert research personnel service under Article 37 (1) of the Act, including persons who have earned at least a master's degree under paragraph (1) 1 of that Article and persons who have completed a doctorate program at a graduate school of natural science under paragraph (1) 2 of that Article (including a doctorate program of natural science at the Korea Advanced Institute of Science and Technology, the Gwangju Institute of Science and Technology, the DaeguGyeongbuk Institute of Science and Technology, and the Ulsan National Institute of Science and Technology; hereinafter referred to as "doctorate program at a graduate school of natural science") shall be established and published by the Commissioner of the Military Manpower Administration. <Amended on Oct. 1, 2010; Dec. 4, 2013; Sep. 25, 2015>

(2) Deleted. <Dec. 4, 2013>

(3) Each person who intends to be assigned to expert research personnel service under paragraph (1) shall submit an application for assignment to expert research personnel service (including applications in electronic form), accompanied by documents prescribed by Ordinance of the Ministry of National Defense, to the head of a military service-designated entity. <Amended on Nov. 29, 2016>

(4) The head of a military service-designated entity in receipt of applications for assignment to expert research personnel service under paragraph (3) shall determine persons subject to recommendation within the allocated number under Article 77 (3) and submit the list of such persons to the director of the competent regional military manpower office within seven days from the date he or she receives such applications (in cases of persons in receipt of notice for enlistment or call-up, no later than five days before the date of enlistment or call-up). <Amended on Nov. 29, 2016>

(5) The director of the competent regional military manpower office in receipt of applications for assignment to expert research personnel service under paragraph (4) shall determine whether to assign the applicants to expert research personnel service and shall notify the results thereof to the applicants through the heads of military service-designated entities. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 78-2(Notification and Allocation of Number of those Who Have Completed Doctorate Programs at Graduate Schools of Natural Science Required for Assignment to Expert Research Personnel Service) #

(1) The head of a military service-designated entity shall notify a person who has the authority to recommend military service-designated entities of the required number of persons to be assigned to expert research personnel service under Article 37 (2) of the Act (hereinafter referred to as "persons to be assigned to expert research personnel service") no later than June 30 of each year. <Amended on Nov. 29, 2016>

(2) Any person who has the authority to recommend military service-designated entities shall notify the Commissioner of the Military Manpower Administration of the required number of persons to be assigned to expert research personnel service for each military service-designated entity for the following year (in cases of a graduate school of natural science established under the Higher Education Act, referring to the number of personnel required for each school of science and engineering and a medical school), no later than July 31 of each year: Provided, That in cases of a research institute recommended to be selected as a military service-designated entity for the relevant year pursuant to Article 73 (3), the notification may be made simultaneously when a list of enterprises recommended for selection of military service-designated entities is submitted. <Amended on Nov. 29, 2016>

(3) The Commissioner of the Military Manpower Administration shall allocate, for each military service-designated entity, personnel who may be selected as persons to be assigned to expert research personnel service: Provided, That in cases of a graduate school of natural science established under the Higher Education Act, he or she shall allocate personnel by graduate school after classifying between a school of science and engineering and a medical school or allocate them en bloc. <Amended on Nov. 29, 2016>

(4) The Commissioner of the Military Manpower Administration shall notify the heads of military service-designated entities of the allocated number of persons to be assigned to expert research personnel service for the following year through the directors of the competent regional military manpower offices: Provided, That in cases of a graduate school of natural science established under the Higher Education Act, he or she shall notify the Minister of Education of the allocated number. <Amended on Nov. 29, 2016>

[This Article Newly Inserted on Dec. 4, 2013]

Article 78-3(Selection and Service Management of Persons to Be Assigned to Expert Research Personnel Service) #

(1) Detailed selection criteria concerning majors, degrees, etc. of those who may be selected as persons to be assigned to expert research personnel service shall be established and published by the Commissioner of the Military Manpower Administration.

(2) The head of each military service-designated entity and the Minister of Education (only in cases of persons to be assigned to expert research personnel service, enrolled in graduate schools of natural science established under the Higher Education Act) shall select persons to be assigned to expert research personnel service and notify the Commissioner of the Military Manpower Administration of the list of such persons, and the Commissioner of the Military Manpower Administration shall notify both the director of the competent regional military manpower office and the director of the regional military manpower office in charge of administering their military register thereof. <Amended on Nov. 29, 2016>

(3) The director of the competent regional military manpower office shall notify the head of each military service-designated entity of the list of those selected to be assigned to expert research personnel service under paragraph (2) and shall administer the list of such persons. <Amended on Nov. 29, 2016>

(4) The head of each military service-designated entity shall administer the list of persons to be assigned to expert research personnel service and, if any of them falls under any of the following subparagraphs, notify the director of the competent regional military manpower office thereof within 14 days: <Amended on Nov. 29, 2016>

1. Where he is expelled from the school or expunged from the school register;

2. Where he cannot complete his mandatory service period as expert research personnel by the time he reaches 35 years of age (37 years of age for expert research personnel under Article 37 (1) 3 of the Act), owing to the suspension of study, etc.;

3. Where his period of study for a doctorate degree (referring to the period of study to be eligible as a person who has completed a degree course under Article 50 (2) of the Enforcement Decree of the Higher Education Act; hereafter in this Section, the same shall apply) exceeds three and a half years as he is selected to be assigned to expert research personnel service;

4. Where he is selected to be assigned to expert research personnel service but wishes to have such selection revoked.

(5) If a person to be assigned to expert research personnel service is subject to any of the subparagraphs of paragraph (4) or Article 68 of the Act, the director of the competent regional military manpower office shall cancel his selection as a person to be assigned to expert research personnel service, and notify him and the director of the regional military manpower office in charge of administering his military register thereof.

(6) Any person to be assigned to expert research personnel service shall file an application for assignment to expert research personnel service with the head of the relevant military service-designated entity no later than 14 days before he completes a doctorate program at a graduate school of natural science. <Amended on Nov. 29, 2016>

(7) The head of a military service-designated entity shall, upon receipt of an application for assignment pursuant to paragraph (6), submit it to the director of the competent regional military manpower office within seven days of receipt thereof. <Amended on Nov. 29, 2016>

(8) The director of a regional military manpower office shall, upon receipt of the application for assignment pursuant to paragraph (7), determine whether to assign the applicant to expert research personnel service and give notice to the applicant of the results thereof through the head of the relevant military service-designated entity. <Amended on Nov. 29, 2016>

[This Article Newly Inserted on Dec. 4, 2013]

Article 79(Assignment of Persons Who Serve in Key Industrial Enterprises to Industrial Technical Personnel Service) #

(1) Persons assignable to industrial technical personnel service in accordance with Article 38 (1) 1 and 2 of the Act shall be those who serve in a military service-designated entity and meet the following criteria, and matters related to the detailed enlistment criteria, such as persons subject to enlistment by field and business classification and aptitudes required by the military, shall be determined by the Commissioner of the Military Manpower Administration: <Amended on Dec. 4, 2013; Nov. 29, 2016>

1. Persons to be enlisted for active duty service: Persons who meet the educational criteria for technological qualifications by scholastic ability as stipulated in attached Table 2;

2. Persons in service as social service personnel and supplementary service personnel subject to call-up to serve as social service personnel: Persons who serve in the fields prescribed in Article 83 (1) 2 through 4.

(2) Each person who wishes to be assigned to industrial technical personnel service under paragraph (1) shall file an application for assignment to industrial technical personnel service (including applications in electronic form), together with documents prescribed by Ordinance of the Ministry of National Defense, with the head of a military service-designated entity. <Amended on Nov. 29, 2016>

(3) The head of a military service-designated entity in receipt of applications for assignment to industrial technical personnel service pursuant to paragraph (2) shall determine persons subject to recommendation within the limit of the number allocated under Article 77 (3) and shall submit the list of such persons to the director of the competent regional military manpower office within seven days from the date of receipt of such applications (in cases of persons who have received a notice for enlistment or call-up, no later than five days before the date of such enlistment or call-up). <Amended on Nov. 29, 2016>

(4) With respect to persons who serve in the fields that fall under Article 83 (1) 2 through 4 (in cases of fisheries or maritime transportation enterprises, limited to those who serve or will serve on board a ship), the director of the competent regional military manpower office in receipt of applications for assignment to industrial technical personnel service under paragraph (3) shall assign them to industrial technical personnel service, and shall notify the applicants thereof through the head of the military service-designated entity or the service institution. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 81(Assignment of Persons Who Serve in Field of Agriculture or Fishery to Industrial Technical Personnel Service) #

(1) Any of the following persons may be assigned to industrial technical personnel service in the field of fisheries or agriculture under Article 38 (1) 4 and 5 of the Act: <Amended on May 22, 2012; Dec. 20, 2012; Dec. 4, 2013; Nov. 29, 2016>

1. Next-generation agricultural enterprisers and next-generation fisheries enterprisers: Persons serving in agriculture or fisheries as next-generation agricultural or fisheries enterprisers under the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter referred to as "next-generation agricultural or fisheries enterprisers"): Provided, That this shall not apply where a member of the family under subparagraph 1 of Article 131 has been assigned to the industrial technical personnel service of next-generation agricultural or fisheries enterprisers in a place of business located in the same Si/Gun/Gu;

2. Personnel who operate agricultural machinery of an agricultural corporation: Persons who hold a national technical qualification in the field of operations and transportation, construction machinery operations, or machinery or material handling in accordance with statutes and regulations governing national technical qualifications and serve as personnel to operate agricultural machinery for agricultural corporations in accordance with the Act on Fostering and Supporting Agricultural and Fisheries Enterprises;

3. Agricultural machinery repair personnel who serve in the field of agricultural machinery after-sales service: Persons who have a national technical qualification in the field of operations and transportation, construction machinery operations, or machinery or material handling in accordance with statutes and regulations governing national technical qualifications, serving as agricultural machinery repair personnel at agricultural machinery after-sales service establishments under the Agricultural Mechanization Promotion Act.

(2) Each person who intends to be assigned to industrial technical personnel service under paragraph (1) shall file an application for assignment to industrial technical personnel service (including applications in electronic form), together with documents prescribed by Ordinance of the Ministry of National Defense, with the head of the competent local government. In such cases, a person who intends to be assigned to industrial technical personnel service under paragraph (1) 2 or 3 shall file such documents with the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu via the head of the military service-designated entity. <Amended on May 22, 2012; Dec. 4, 2013; Nov. 29, 2016>

(3) The head of the competent local government in receipt of applications for assignment to industrial technical personnel service pursuant to paragraph (2) shall determine persons subject to recommendation within the number allocated under Article 77 (3) and shall submit a list of such persons to the director of the competent regional military manpower office within seven days of the receipt of such applications (in cases of persons who have received a notice for enlistment or call-up, no later than five days before the date of enlistment or call-up). In such cases, he or she shall prepare and attach a report on the present conditions of the enterprises with regard to agricultural machinery operation and repair personnel and shall recommend persons who serve in enterprises capable of the employment and resource management of industrial technical personnel. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(4) The director of the competent regional military manpower office who has received applications for assignment to industrial technical personnel service under paragraph (3) shall assign those falling under paragraphs (1) through (3) to industrial technical personnel service and shall notify the applicants of the fact via the heads of the military service-designated entities, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) or via the heads of the service institutions where the applicants serve as social service personnel. <Amended on Dec. 4, 2013; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 81-2(Restrictions on Assignment to Expert Research Personnel Service and Industrial Technical Personnel Service) #

(1) The head of each military service-designated entity shall, upon receiving any application for assignment to expert research personnel service or industrial technical personnel service under Articles 78, 79, and 81 or any application to change job of a member of the expert research personnel or industrial technical personnel from the head of another military service-designated entity under Article 85, confirm whether the relevant applicant is a relative by blood within the fourth degree of relationship under Article 38-2 of the Act (hereafter referred to as "person subject to restrictions" in this Article). <Amended on Nov. 29, 2016>

(2) The head of each military service-designated entity shall file an application with the director of the competent regional military manpower office to assign to expert research personnel service or industrial technical personnel service or to change job of a member of the expert research personnel or industrial technical personnel, with regard to those who are not persons subject to restrictions only, as a result of the confirmation referred to in paragraph (1). <Amended on Nov. 29, 2016>

(3) The director of the competent regional military manpower office may, when it is deemed necessary to confirm whether any applicant is a person subject to restrictions after receiving an application filed under paragraph (2), request the head of the military service-designated entity to submit relevant documents, including a certificate relating to matters of such head's family relationship, and to state his or her opinion, and the head of the military service-designated entity so requested shall comply with such request. In such cases, the director of the competent regional military manpower office shall confirm the certificate of corporate registered matters through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Nov. 2, 2010; Nov. 29, 2016>

(4) Matters necessary for the submission and management of relevant documents, the time and method for stating opinions, etc. under paragraph (3) shall be determined and published by the Commissioner of the Military Manpower Administration.

[This Article Wholly Amended on Dec. 7, 2009]

Article 82(Administration of Human Resources including Expert Research Personnel) #

(1) The head of the competent regional military manpower office shall manage a list of expert research personnel (or industrial technical personnel) and the military service records of persons assigned to expert research personnel service and industrial technical personnel service under Articles 78 through 81.

(2) The head of each military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) shall manage the mandatory service of persons assigned to expert research personnel service or industrial technical personnel service in the relevant enterprises or jurisdictional areas: Provided, That in cases of a military service-designated entity in the fisheries or maritime transportation industry, the service of such persons may be managed for each branch or sub-branch office of the military service-designated entity located in a harbor area. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(3) The head of the military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor who manages service as prescribed in paragraph (2) shall manage a list and the military service records of expert research personnel or industrial technical personnel (hereinafter referred to as "military service records"), and matters related to service, such as the suspension of business, discontinuation of business or closure of business of the military service-designated entity, the inbound transfer of the expert research personnel or the industrial technical personnel from another military service-designated entity or area, leave of absence, suspension of service, secondment, changes in the assigned service, education and training, embarkation and disembarkation of ships, sick leave, overseas travel, study for a doctorate degree and call for military education, shall be entered in the military service records. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(4) The head of the competent local government shall manage a register of industrial technical personnel concerning those assigned to industrial technical personnel service in the field of agriculture and fisheries pursuant to Article 81 and examine the following matters at least monthly according to the form of service evaluation of industrial technical personnel in the field of agriculture and fisheries: <Amended on Dec. 4, 2013; Nov. 29, 2016>

1. Matters regarding the status of service of industrial technical personnel as next-generation agricultural or fisheries enterprisers to be examined:

(a) Whether the industrial technical personnel serve in the relevant field at the time of assignment;

(b) Whether a next-generation agricultural or fisheries enterpriser is qualified as such;

(d) Other matters related to the mandatory service of industrial technical personnel as next-generation agricultural or fisheries enterprisers;

2. Matters regarding the status of service of industrial technical personnel engaged in operating or repairing agricultural machinery examined:

(a) Whether any of the industrial technical personnel engaged in operating or repairing agricultural machinery has been dismissed or has resigned;

(b) Whether the industrial technical personnel serve in the relevant field at the time of assignment;

(d) Whether the military service-designated entity has suspended or discontinued its business or its business has been suspended;

(e) Whether the military service-designated entity is renamed or relocated;

(f) Notices of changes in status and situations of human resource management by the head of the military service-designated entity;

(g) Other matters related to the mandatory service of the industrial technical personnel engaged in operating or repairing agricultural machinery.

(5) The head of the competent local government shall prepare findings of examination of status of service of industrial technical personnel in the field of agriculture or fisheries under paragraph (4) as of the end of every quarter and notify the director of the competent regional military manpower office of the results by the 15th day of the following month. <Amended on Dec. 4, 2013>

[This Article Wholly Amended on Dec. 7, 2009]

Article 83(Pertinent Fields Where Expert Research Personnel and Industrial Technical Personnel Are to Serve) #

(1) Expert research personnel and industrial technical personnel under Article 39 of the Act shall serve in the following fields and be prohibited from concurrently performing other duties: <Amended on Dec. 20, 2012; Dec. 4, 2013; Nov. 29, 2016>

1. Expert research personnel: A field of research at the time of assignment to expert research personnel service or any field recognized by the Commissioner of the Military Manpower Administration: Provided, That any member of the expert research personnel who serves at a university research institute may concurrently serve as an assistant;

2. Industrial technical personnel who serve with key industrial enterprises in the manufacturing, mining, or energy industry or in the defense industry:

(a) Persons subject to enlistment as active duty servicemen: A service field requiring the relevant national technical qualifications under statutes and regulations governing national technical qualifications at the time they are assigned to industrial technical personnel service (for persons serving in the field of information processing under Article 38 (2) of the Act, referring to a field requiring the relevant national technical qualifications at the time they are assigned to industrial technical personnel service): Provided, That where they obtain approval from the director of a regional military manpower office, they may serve in the field of production or manufacturing, other than the said field of service;

(b) Persons in service as social service personnel and persons in supplementary service subject to a call-up to serve as social service personnel: A field of production or manufacturing or a field of transportation of raw materials, manufactured goods and products;

3. Industrial technical personnel who serve with key industrial enterprises in the field of construction: A field requiring the relevant national technical qualifications under statutes and regulations governing national technical qualifications in the domestic or overseas construction business: Provided, That in cases of persons assigned to industrial technical personnel service who serve as social service personnel and supplementary service personnel subject to call-up to serve as social service personnel, a field of construction site in the domestic or overseas construction business;

4. Industrial technical personnel who serve with key industrial enterprises in the field of fisheries and maritime transportation: A field requiring a license of a certified marine technician pursuant to the Ship Personnel Act or a field requiring the relevant national technical qualifications pursuant to statutes and regulations governing national technical qualifications, among fields related to vessel embarkation in an ocean, or coastal or marine transportation business (in cases of persons assigned to industrial technical personnel service who serve as social service personnel and supplementary service personnel subject to a call-up to serve as social service personnel service, a field of onboard ship service). In such cases, where a member of the personnel leaves a vessel during his service on board the vessel, he shall get on board a vessel owned by the enterprise he is serving with within three months (excluding the period of a paid vacation provided for in the Seafarers Act), and the period during which he is off the ship shall not exceed a total of three months per year subject to mandatory service, unless any extenuating circumstances exist;

5. Industrial technical personnel who are technical experts: A field of pertinent technical skill at the time of assignment to industrial technical personnel service;

6. Industrial technical personnel who serve in the field of farming or fishing: A field of farming or fishing, operation of agricultural machinery, or agricultural machinery after-sale service at the time of assignment to industrial technical personnel service.

(2) When it is impracticable to serve in the pertinent field pursuant to paragraph (1) because the payment of wages is in arrears for at least three months due to disruption of management of a military service-designated entity, etc. or because the operation of a military service-designated entity is suspended due to bankruptcy, etc. during the period of mandatory service, expert research personnel or industrial technical personnel shall report to the director of the competent regional military manpower office within 30 days from the date such cause occurs. <Amended on Nov. 29, 2016>

(3) The service period of a person assigned to industrial technical personnel service while in service as social service personnel in accordance with Article 39 (1) 2 of the Act shall be calculated in accordance with the following formula, in which decimal fractions shall be rounded off: <Newly Inserted on Nov. 29, 2016>

(The previous mandatory service period ? The number of days served) ÷ The previous mandatory service period × The mandatory service period of industrial technical personnel

(4) Persons assignable to expert research personnel service or industrial technical personnel service shall submit a written oath of faithful service under Article 39 (4) of the Act (including oaths in electronic form), as determined by Ordinance of the Ministry of National Defense, to the director of the competent regional military manpower office. <Amended on Nov. 29, 2016>

(5) The director of the competent regional military manpower office may provide education for expert research personnel and industrial technical personnel about matters they have to abide by and systems involving them during mandatory service, as prescribed by the Commissioner of the Military Manpower Administration, and may request the head of a military service-designated entity to cooperate in providing such education. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 85(Change of Jobs by Expert Research Personnel and Industrial Technical Personnel) #

(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" in Article 39 (3) 1 of the Act means the following cases: <Amended on Oct. 14, 2021>

1. Where the military service-designated entity where they are in service discontinues business operations or where its selection as a military service-designated entity is revoked;

2. Where the military service-designated entity where they are in service suspends business operations for at least six months or where it is subject to a disposition of business suspension;

3. When the recognition as an after-sales service enterprise of agricultural machinery is revoked.

(2) "Other military service-designated entities prescribed by Presidential Decree, such as enterprise-affiliated research institutes" in the proviso, with the exception of the subparagraphs, of Article 39 (3) of the Act means military service-designated entities that satisfy the standards under Article 72 and work in the pertinent fields specified in the subparagraphs of Article 83 (1): Provided, That the following military service-designated entities shall be excluded herefrom: <Newly Inserted on Oct. 14, 2021>

1. The course of a doctorate degree in the field of natural science at the Korea Advanced Institute of Science and Technology, the Gwangju Institute of Science and Technology, the DaeguGyeongbuk Institute of Science and Technology, or the Ulsan National Institute of Science and Technology under Article 72 (1) 3;

2. A graduate school in the field of natural sciences referred to in Article 72 (1) 5;

3. Research institutes of large enterprises determined and publicly notified by the Commissioner of the Military Manpower Administration.

(3) Where expert research personnel or industrial technical personnel fall under any of the following cases under Article 39 (3) 3 of the Act, they may serve in another military service-designated entity in the relevant field (excluding research institutes of large enterprises determined and publicly notified by the Commissioner of the Military Manpower Administration) after obtaining approval from the director of the competent regional military manpower office. In such cases, the change of military service-designated entity pursuant to subparagraph (1) (b) shall be limited to two times during the whole period of mandatory service: <Amended on Mar. 29, 2011; May 31, 2013; Dec. 4, 2013; Nov. 4, 2014; Nov. 29, 2016; Dec. 24, 2019; Dec. 29, 2020; Oct. 14, 2021>

1. Where each of the following periods has elapsed from the time they were assigned to expert research personnel service (excluding expert research personnel in the doctoral course) or industrial technical personnel service (where they moved to another military service-designated entity, the time of such movement):

(a) Expert research personnel: One and half years;

(b) Industrial technical personnel: One year;

2. Where expert research personnel in the doctoral course intend to serve at another research institute which is a military service-designated entity;

3. Where it is necessary to change a job for the production of materials of the defense industry or when personnel are unable to serve in the pertinent field of the military service-designated entity due to occurrence of such extenuating circumstances as closure, relocation, reduction, etc. of production equipment or field of research;

4. Where personnel who were serving aboard a ship get off the ship on account of the expiration of the contracted period of employment or when re-boarding the ship within a period provided for in the latter part of Article 83 (1) 4 is deemed difficult due to repair, etc. of the ship;

5. Where the payment of wages is in arrears for at least three months due to disruption of management of the affiliated military service-designated entity, etc., or such entity has suspended business or has been issued a disposition for suspension of business;

6. Where a person dismissed from a military service-designated entity files an application for relief to the Labor Committee or institutes a lawsuit in which the effect of dismissal is disputed to a court of law, resulting in a confirmation that the dismissal was unlawful or unfair;

7. Where expert research personnel serving in a research institute, other than a research institute affiliated with a small or medium enterprise, intend to move to a research institute affiliated with a small or medium enterprise and to serve therein;

8. Where a person who has been compelled to commit an offense following an instruction from the head of a military service-designated entity files a report thereon under Article 91-3 (3) (limited to the relevant reporting person in cases of change of jobs);

9. Where a person who has been damaged by a violation of the head of a military service-designated entity (including a person in charge of service administration on behalf of the head of a military service-designated entity) notifies the Minister of Labor and Employment under Article 104 (1) of the Labor Standards Act or the labor inspector of the offense, confirmed unlawful or wrongful;

10. Where a person has suffered from an accident in the course of engaging in business under Article 37 of the Occupational Safety and Health Act;

11. Where an accident occurring in the course of engaging in business (including only the case of coming to death) has occurred under Article 37 of the Occupational Safety and Health Act in the affiliated military service-designated entity;

12. Where the affiliated military service-designated entity is included in businesses which have announced the number of industrial accidents, etc. by the Minister of Labor and Employment under Article 10 of the Occupational Safety and Health Act and Article 10 of the Enforcement Decree of that Act;

13. Where there exist unavoidable reasons publicly notified by the Commissioner of the Military Manpower Administration, such as occurrence of safety problems.

(4) Notwithstanding the former part, with the exception of the subparagraphs, of paragraph (3), where any transfer is made to another military service-designated entity within the same corporation, notification of changes in status referred to in Article 91 (1) 8 shall replace the approval from the director of a regional military manpower office. <Newly Inserted on Nov. 4, 2014; Nov. 29, 2016; Oct. 14, 2021>

(5) Expert research personnel or industrial technical personnel who intend to be transferred to another military service-designated entity pursuant to the proviso, with the exception of the subparagraphs, of Article 39 (3) of the Act, shall move to and serve at another military service-designated entity within three months (14 days in cases falling under paragraph (3) 1, 2, or 7) from the date the ground for such transfer arises, or when the approval for the transfer is obtained (any personnel who serve on board a ship shall be transferred within three months from the date they are off the ship), and the period of standby for a transfer to another military service-designated entity shall be deemed the period of service in the pertinent field: Provided, That if the director of the competent regional military manpower office deems the extension of a waiting period for the change of a military service-designated entity to be necessary for any inevitable reason, he or she may extend such waiting period up to three months. <Amended on Nov. 4, 2014; Jun. 14, 2016; Nov. 29, 2016; Oct. 14, 2021>

(6) Where expert research personnel or industrial technical personnel are transferred to, and serve at, another military service-designated entity pursuant to the proviso, with the exception of the subparagraphs, of Article 39 (3) of the Act, the head of the military service-designated entity shall forward their military service records to the head of the military service-designated entity where they serve anew: Provided, That where another military service-designated entity to which expert research personnel or industrial technical personnel are to be transferred for service is not determined, the head of the military service-designated entity shall forward their military service records to the director of the competent regional military manpower office. <Amended on Nov. 4, 2014; Nov. 29, 2016; Oct. 14, 2021>

(7) Expert research personnel or industrial technical personnel seeking to move to and serve at another military service-designated entity pursuant to paragraph (3) shall file an application for approving change of jobs with the head of the military service-designated entity where they are in service: Provided, That where they intend to move to another military service-designated entity pursuant to paragraph (3) 6 or 8 through 13, they may file an application directly with the director of the competent regional military manpower office. <Amended on Mar. 29, 2011; Nov. 4, 2014; Nov. 29, 2016; May 28, 2018; Oct. 14, 2021>

(8) The head of each military service-designated entity shall, in receipt of an application for approving change of jobs (including applications in electronic form) as prescribed in the main clause of paragraph (7), enter his opinion on the transfer in the application for approving the change of jobs (including applications in electronic form) and shall forward it to the director of the competent regional military manpower office. <Amended on Nov. 4, 2014; Nov. 29, 2016; Oct. 14, 2021>

(9) The director of the competent regional military manpower office shall, in receipt of an application for approving change of jobs as prescribed in the proviso of paragraph (7), notify the head of the military service-designated entity at which the applicant is in service and the applicant in question as to whether he or she approves it; where he or she has received an application for approving change of jobs as prescribed in paragraph (8), he or she shall notify the head of the military service-designated entity at which such applicant is serving of whether he or she approved it and the head of the military service-designated entity shall notify the applicant thereof. In such cases, the director of the competent regional military manpower office shall, when he or she approves the applicant's change of jobs to a military service-designated entity in an area outside his or her jurisdiction, notify the director of the relevant regional military manpower office of such fact. <Amended on Nov. 4, 2014; Nov. 29, 2016; Oct. 14, 2021>

(10) Matters necessary for detailed procedures and methods concerning approval granted by the director of the competent regional military manpower office pursuant to paragraph (3) shall be prescribed by the Commissioner of the Military Manpower Administration. <Newly Inserted on Jun. 14, 2016; Oct. 14, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

Article 87(Educational Training and Service While on Dispatch) #

(1) When the head of each military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) intends to request any expert research personnel or industrial technical personnel to undergo domestic educational training related to the relevant field, or perform a service while on dispatch within Korea in order to perform the related duties (including an official travel; hereafter in this Section, the same shall apply) during the mandatory service period, he or she shall obtain approval from the director of the competent regional military manpower office within the extent listed in the following subparagraphs, by submitting an application for approval for educational training or application for approval for service while on dispatch, with a copy of their military service records; and such period of domestic educational training, or domestic service while on dispatch shall be deemed the period for which the relevant person has served in the relevant field of the military service-designated entity: Provided, That approval for domestic educational training or domestic service while on dispatch, or service while on dispatch between military service-designated entities, not exceeding three months, shall be substituted by notification of changes in status under Article 91: <Amended on Dec. 4, 2013; Nov. 29, 2016>

1. Domestic educational training: A total period of six months during the period of mandatory service;

2. Domestic service while on dispatch: A total period of two years during the period of mandatory service: Provided, That in cases of industrial technical personnel, a total period of one year.

(2) Approval for domestic service while on dispatch granted by the director of the competent regional military manpower office as prescribed in paragraph (1) shall be limited to domestic service while on dispatch according to the following classification: <Amended on Nov. 29, 2016; Dec. 19, 2023>

1. In cases of expert research personnel, a domestic service while on any of the following dispatch: Provided, That in cases of expert research personnel who are transferred to another military service-designated entity as they fall under the category specified in Article 39 (3) 2 of the Act, dispatch to a military service-designated entity specified in the subparagraphs of Article 85 (2) shall be excluded herefrom:

(a) Dispatch between military service-designated entities belonging to the same corporation to perform related duties;

(b) Dispatch for joint research between military service-designated entities or to research institutes belonging to the same corporation or another corporation, which are not military service-designated entities;

(c) Other dispatch recognized by the Commissioner of the Military Manpower Administration as necessary to conduct trial operation, technical guidance, etc. in the field of research and development;

2. In cases of industrial technical personnel, a domestic service while on any of the following dispatch:

(a) Dispatch between military service-designated entities of the same type or field of business;

(b) Dispatch to manufacturing and producing plants of entities, other than military service-designated entities, that belong to the same corporation (limited to plants registered under Article 16 of the Industrial Cluster Development and Factory Establishment Act);

(c) Other dispatch recognized by the Commissioner of the Military Manpower Administration as necessary to provide technical guidance for the installation or trial operation of machinery, equipment, etc. manufactured or produced.

(3) The director of the competent regional military manpower office shall, in receipt of an application for approving educational training or an application for approving service while on dispatch under paragraph (1), notify the head of the relevant military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) as to whether to approve it. In such cases, the head of the relevant military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) shall notify the principal of such fact. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(4) Where expert research personnel or industrial technical personnel wish to take an overseas trip, including overseas training or business trips for performance of duties related to the relevant area during the mandatory service period, they shall obtain permission for overseas trips or extension of the period of overseas trips by the Commissioner of the Military Manpower Administration pursuant to Articles 145 and 147, and the period shall be within one year out of the mandatory service period. In such cases, the total period of overseas trips within three months out of the mandatory service period shall be deemed the period during which they serve in the relevant field and where expert research personnel obtain permission for overseas trips as they fall under grounds prescribed by the Commissioner of the Military Manpower Administration, such as joint research, technology training or technology guidance related to the relevant field, the period of overseas trips shall be deemed the period during which they serve in the relevant field. <Amended on Jun. 30, 2015; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 88(Pursuit of Academic Degree by Expert Research Personnel and Industrial Technical Personnel) #

(1) Expert research personnel and industrial technical personnel shall not pursue an academic degree (referring to attending any lecture or taking any course for the purpose of acquiring credits necessary to be recognized as having completed a degree course under Article 50 (2) of the Enforcement Decree of the Higher Education Act; hereinafter the same shall apply) at an educational institution during their period of mandatory service: Provided, That this shall not apply where they fall under any of the following subparagraphs: <Amended on Dec. 4, 2013; Nov. 29, 2016>

1. Where they are pursuing an academic degree in a night school, or broadcast and communications school;

2. Where expert research personnel pursue a doctoral degree in a domestic educational institution: Provided, That it is limited to a person who may complete his period of mandatory service by the time he reaches 35 years of age, and the schooling period shall not exceed three and a half years.

(2) Where expert research personnel intend to pursue a doctorate program pursuant to paragraph (1) 2, they shall apply for schooling with the head of the military service-designated entity and the head of the military service-designated entity who has received the application shall determine the period of schooling and notify the director of the competent regional military manpower office of the changes in status pursuant to Article 91. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(3) When expert research personnel pursue an academic degree in violation of paragraphs (1) and (2), or when industrial technical personnel pursue an academic degree in violation of paragraph (1), they shall be not deemed to have served in the pertinent field of the military service-designated entity as at the time of their assignment under subparagraph 2 of Article 40 of the Act. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 89(Calculation of Period of Mandatory Service) #

(1) The period of mandatory service of expert research personnel and industrial technical personnel shall be counted from the date they are assigned to expert research personnel service and industrial technical personnel service (for persons assigned to industrial technical personnel service and are expected to work on board a ship in the field of fisheries or maritime transportation, the period of mandatory service shall be calculated from the date they board the ship). <Amended on Dec. 4, 2013; Nov. 29, 2016>

(2) The mandatory service period of expert research personnel and industrial technical personnel which falls under the following subparagraphs shall be excluded from the period of mandatory service: Provided, That tin the case of subparagraph 3, the period during which industrial technical personnel actually served for operation, etc. of facilities and equipment shall be included in the period of mandatory service; and in the case of subparagraph 4, where expert research personnel obtain permission for overseas travel for such purposes as determined by the Commissioner of the Military Manpower Administration, including joint research, technical training, and technical guidance related to the pertinent field, the period of overseas travel shall be included in the period of mandatory service: <Amended on Jun. 30, 2015; Jun. 14, 2016; Nov. 29, 2016; Oct. 14, 2021>

1. The period of pursuit of a doctorate degree;

2. The period of leave of absence (excluding any period of leave of absence granted due to injuries, diseases, or physical trouble in the course of performing duties under Article 78 (1) or 80 of the Labor Standards Act) or the period of suspension from office;

3. The period of suspension of operations, shutdown, or ordered cessation of operations of a military service-designated entity;

4. The period of an overseas travel exceeding a total of three months, or of vacation, temporary rest from service, and absence due to a disease exceeding a total of 30 days, during the period of mandatory service;

5. The period during which persons who are to serve on board a ship which exceeds the period of standby due to unavoidable circumstances prescribed in the latter part of Article 83 (1) 4;

6. The progressive period, where a person dismissed from a military service-designated entity files an application for relief to the Labor Committee or institutes a lawsuit in which the effect of dismissal is disputed in a court of law, resulting in the confirmation that the dismissal is lawful;

7. The period exceeding three months (or 14 days in the case of Article 85 (3) 1, 2, or 7) during a waiting period for a change of a military service-designated entity (or the entire waiting period, where expert research personnel in the doctoral course who are granted a grace period under Article 37 (4) of the Act are transferred to another military service-designated entity as they fall under Article 39 (3) 2 of the Act or Article 85 (3) 2 of this Decree);

8. The period for which he has not served in the relevant field of a military service-designated entity when he is enlisted under the proviso of Article 41 (1) of the Act;

9. The period during which he is absent from duty without leave for less than a total of eight days during the period of mandatory service.

(3) Matters necessary for the standards, etc. for judging absence without leave under paragraph (2) 9 for expert research personnel in the doctoral course shall be determined and publicly notified by the Commissioner of the Military Manpower Administration. <Newly Inserted on Oct. 14, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 90(Expiration of Period of Mandatory Service) #

(1) The head of a military service-designated entity or a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) shall furnish a list of persons whose period of mandatory service as expert research personnel and industrial technical personnel is to expire, their military service certificates, and their military service records to the director of the competent regional military manpower office by the 10th day of the month prior to the expiration of the period of mandatory service. In such cases, the head of a military service-designated entity who employs industrial technical personnel engaged in operating or repairing agricultural machinery shall forward such documents to the director of the competent regional military manpower office via the competent Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(2) When expert research personnel and industrial technical personnel are due to complete their mandatory service, the director of the competent regional military manpower office shall record the date when they are to complete their mandatory service by the first day of the month on which the period of mandatory service expires; issue the disposition of expiration of military service; notify the director of the regional military manpower office and the head of the military service-designated entity of the above-mentioned contents; and forward to the relevant person a certificate in which the details of that execution are recorded and arranged via the head of the relevant military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers). <Amended on Dec. 4, 2013; Nov. 29, 2016>

(3) When expert research personnel and industrial technical personnel have not been called for military education during the period of mandatory service due to reasons such 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 waived, following the call for military education. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 91(Notification of Changes in Status) #

(1) Where expert research personnel, industrial technical personnel, or a military service-designated entity falls under any of the reasons prescribed in Article 40 of the Act or any of the following subparagraphs, the head of the relevant military service-designated entity or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (only in cases of next-generation agricultural or fisheries enterprisers) shall notify the director of the competent regional military manpower office (via the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor or head of a Si/Gun/Gu for the head of the military service-designated entity who employs industrial technical personnel engaged in operating or repairing agricultural machinery) thereof within 14 days. In such cases, where any event falling under subparagraph 6 of Article 40 of the Act and any of subparagraphs 5 through 7 of this paragraph occurs, he or she shall also notify the person who has the authority to recommend military service-designated entities of such fact: <Amended on Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Oct. 14, 2021>

1. Where the location of a business site of a next-generation agricultural or fisheries enterpriser is changed;

2. Where there exist any vacation, temporary leave from service and absence exceeding a total of 30 days due to a disease, during the period of mandatory service;

3. Where domestic educational training or service is provided while on dispatch for the execution of related tasks for less than three months during the period of mandatory service;

4. Where expert research personnel in the doctoral course obtain a doctorate from the graduate school;

5. Where the operations of the military service-designated entity are suspended due to bankruptcy;

6. Where the military service-designated entity falls below the selection standards under Article 72, or when the registration of a factory of a manufacturing enterprise in the relevant field of industry is revoked in accordance with the Industrial Cluster Development and Factory Establishment Act;

7. Where the title, type of business, or size of the military service-designated entity is altered, the research field of the research institute is altered, the research institute is relocated, or the recognition as an after-sales service enterprise of agricultural machinery is revoked;

8. Where any change of jobs is made to another military service-designated entity within the same corporation;

9. Where they are absent from their duties without obtaining permission therefor;

10. Where service while on dispatch is performed between military service-designated entities;

11. Where the expert research personnel study in a doctorate program pursuant to Article 88 (1) 2.

(2) When the director of the competent regional military manpower office finds that a military service-designated entity closes down, ceases, closes or discontinues its operations, or is notified of the change of the military service-designated entity in accordance with paragraph (1) 5 through 7, he or she shall report to the Commissioner of the Military Manpower Administration within seven days. <Amended on Nov. 29, 2016>

(3) Where the period of domestic educational training or dispatch service does not exceed seven days notwithstanding paragraph (1) 3 and 10, military service records shall be entered and filed in lieu of notice of changes in status. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 92(Disposition of Persons Whose Assignment to Expert Research Personnel Service Has Been Revoked) #

(1) When any person's assignment to expert research personnel service or industrial technical personnel service has been revoked pursuant to Article 41 (1) of the Act, the head of a military service-designated entity shall forward such person's military service record to the director of the competent regional military manpower office. <Amended on Nov. 29, 2016>

(2) With respect to a person whose assignment to expert research personnel service or industrial technical personnel service has been revoked, the director of the competent 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 such person before such assignment to enable such director to impose mandatory military service upon him in accordance with Article 41 (3) of the Act. In such cases, the director of the competent regional military manpower office shall transfer the military service record, specifying the period of service calculated pursuant to paragraph (3). <Amended on Jun. 22, 2021>

(3) Where the assignment to expert research personnel service or industrial technical personnel service has been canceled as the relevant personnel changed their jobs, either in violation of Article 38-2 by improper means prescribed in Article 41 (1) 1 of the Act, or by improper means prescribed in Article 41 (1) 2 of the Act, the service period during which they are to be enlisted for active duty service or to be called to serve as social service personnel under Article 41 (3) of the Act shall be calculated in accordance with the following formulas; in such cases, decimal fractions shall be rounded off; and where they have received military education under Article 55 (1) of the Act after changing their jobs by improper means, the period of such military education shall be included in the number of days they served before changing their jobs: <Amended on Dec. 19, 2023>

The service period of a person to be enlisted for active duty service;

(The previous mandatory service period - The number of days served before changing his job by improper means) ÷ The previous mandatory service period × The mandatory service period of active duty servicemen

2. The service period of a person to be called to serve as social service personnel.

(4) Where the assignment to expert research personnel service or industrial technical personnel service has been canceled for reasons specified in Article 41 (1) 3 through 8 of the Act, the service period during which the relevant personnel are to be enlisted for active duty service or to be called to serve as social service personnel under Article 41 (3) of the Act shall be calculated in accordance with the following formulas; in such cases, decimal fractions shall be rounded off: <Amended on Dec. 19, 2023>

The service period of a person to be enlisted for active duty service;

(The previous mandatory service period - The number of days served) ÷ The previous mandatory service period × The mandatory service period of active duty servicemen

2. The service period of a person to be called to serve as social service personnel.

(The previous mandatory service period - The number of days served) ÷ The previous mandatory service period × The mandatory service period of social service personnel

(5) Deleted. <Dec. 19, 2023>

[This Article Wholly Amended on Dec. 7, 2009]

Article 93(Fact-Finding Surveys on Social Service Personnel) #

(1) An operational plan under Article 43 (1) of the Act (hereafter in this Article referred to as "operational plan") shall include the following: <Newly Inserted on Oct. 14, 2021>

1. Guidelines for preparing a list of enterprises recommended for selection of military service-designated entities under Article 73 (3);

2. Criteria for calculation of the required number of expert research personnel and industrial technical personnel under Article 77 (1);

3. Service guidelines for expert research personnel and industrial technical personnel;

4. Other matters necessary for the systematic operation of the system for expert research personnel and industrial technical personnel.

(2) The head of a related central administrative agency may evaluate the results of implementation of an operational plan and reflect the results thereof in the list of enterprises recommended for selection of military service-designated entities pursuant to Article 73 (3) and in the required number of expert research personnel and industrial technical personnel notified to the Commissioner of the Military Manpower Administration pursuant to Article 77 (2). <Newly Inserted on Oct. 14, 2021>

(3) The director of each regional military manpower office or the director of each competent regional military manpower office shall conduct a regular annual fact-finding survey on the status of each service institution and military service-designated entity, to investigate the status of service by social service personnel, art and sports personnel, expert research personnel and industrial technical personnel, status of the management of military service resources, such as notification of changes in status, grounds for the revocation of selection as military service-designated entities, status of the arrangement of related documents, etc. pursuant to Article 43 (2) of the Act, and may conduct an occasional fact-finding survey if necessary (including fact-finding surveys on research institutes where expert research personnel in service while on dispatch); and then shall notify the results of such survey to the Commissioner of the Military Manpower Administration: Provided, That any service institution or military service-designated entity, the actual service management of which is deemed excellent as a result of a regular fact-finding survey, may be exempted from such survey for the following year. <Amended on Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Oct. 14, 2021>

(4) The director of a regional military manpower office may assess the status of service management, etc. by service institutions or military service-designated entities when he or she conducts a fact-finding survey of the status thereof pursuant to paragraph (3). <Amended on Nov. 29, 2016; Oct. 14, 2021>

(5) Matters concerning the methods of and the standards for assessing service institutions and military service-designated entities under paragraph (4), the practical use of assessment results, including preferential treatment of outstanding service institutions and outstanding military service-designated entities, shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Nov. 29, 2016; Oct. 14, 2021>

(6) The head of each service institution, military service-designated entity, or research institute in which expert research personnel serve while on dispatch, subject to an investigation into status in accordance with paragraph (3), shall fully cooperate with such investigation. <Amended on Nov. 29, 2016; Oct. 14, 2021>

(7) Where the head of an enterprise or research institute in which expert research personnel serve while on dispatch fails to comply with a request to submit data or to answer questions for an investigation into the status of service management under paragraph (3), the director of the competent military manpower office may cancel the approval for dispatch. <Amended on Oct. 14, 2021>

(8) The Commissioner of the Military Manpower Administration may conduct an annual actual condition survey according to the following classification regarding public health doctors, public-service judge advocates, public quarantine veterinarians, or alternative service personnel, in cooperation with the heads of relevant central administrative agencies pursuant to Article 43 (3) of the Act: <Newly Inserted on Jun. 14, 2016; Nov. 29, 2016; Jun. 30, 2020; Oct. 14, 2021>

1. Public health doctors, public-service judge advocates, and public quarantine veterinarians:

(a) Whether they engage in the duties prescribed in the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, Public-Service Judge Advocates Act, or Act on the Public Quarantine Veterinarians during their working hours;

(b) Whether they engage in duties, other than the relevant duties prescribed in item (a), other than during working hours;

2. Alternative service personnel: Whether they engage in duties not to be included in the alternative service under the subparagraphs of Article 16 (2) of the Alternative Service Act.

(9) Matters necessary for methods and timing for conducting actual condition surveys on service pursuant to paragraph (8) shall be prescribed by the Commissioner of the Military Manpower Administration, in consultation with the heads of relevant central administrative agencies. <Newly Inserted on Jun. 14, 2016; Oct. 14, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Dec. 4, 2013]

Article 94(Military Force Mobilization Plans) #

(1) The chief of staff of each service branch shall submit an operational plan for military force mobilization for the following year, which describes the number of necessary personnel subject to military force mobilization for each military unit in which they are to enlist, rank, career branch, and military occupational specialty, and time of mobilization, etc. to the Minister of National Defense by July 31 of each year, and obtain approval therefrom.

(2) The Minister of National Defense shall forward an operational plan for military force mobilization which he or she has approved in accordance with paragraph (1) to the Commissioner of the Military Manpower Administration and the chief of staff of each service branch by August 31 of each year; the Commissioner of the Military Manpower Administration who has received the above-mentioned operational plan for military force mobilization shall draft a plan for military force mobilization call and forward it along with an operational plan for military force mobilization to the directors of regional military manpower offices by September 15 of each year, while the chief of staff of each service branch shall forward the operational plan for military force mobilization to the commanding officers of military units where the mobilized troops enlist by September 15 of each year and the commanding officers of such military units shall forward a mobilization requirement table by military unit to the directors of regional military manpower offices by September 30 of each year.

(3) Where the directors of regional military manpower offices have received an operational plan for military force mobilization and a plan for military force mobilization call as prescribed in paragraph (2), they shall draft an implementation plan for military force mobilization call and report it to the Commissioner of the Military Manpower Administration by November 30 of each year, and forward it to the commanding officers of authorized military units under Article 2 (2) of the Enforcement Decree of the Reserve Forces Act. <Amended on Mar. 2, 2011; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 100(Military Force Mobilization Training Plans) #

(1) The chief of staff of each service branch shall submit an operational plan for military force mobilization training which describes the form of military force mobilization training or check-up of persons subject to military force mobilization training for the following year, number of necessary persons by military unit and by date of enlistment, etc. to the Minister of National Defense by October 31 of each year, and obtain approval therefrom. Where wishing to make alterations to an already approved plan, the chief of staff of each service branch shall submit an altered plan to the Minister of National Defense 60 days prior to the date of enlistment and obtain approval therefrom. <Amended on Nov. 29, 2016>

(2) The Minister of National Defense shall forward an operational plan for military force mobilization training which he has approved in accordance with paragraph (1) to the Commissioner of the Military Manpower Administration and the chief of staff of each service branch by November 20 of each year (in cases of an altered plan, 40 days prior to the date of enlistment) respectively; and the Commissioner of the Military Manpower Administration who has received the above-mentioned plan shall draft a plan for military force mobilization training call to the directors of regional military manpower offices, and the chief of staff of each service branch shall forward the operational plan for military force mobilization training to the commanding officers of the military units where persons are to enlist by December 10 (in cases of an altered plan, 30 days prior to the date of enlistment) of each year respectively. <Amended on Nov. 29, 2016>

(3) Where the directors of regional military manpower offices have received a plan for military force mobilization training call under paragraph (2), they shall draft an implementation plan for military force mobilization training call, report it to the Commissioner of the Military Manpower Administration by December 31 of each year (in cases of an altered plan, without delay), and forward it to the commanding officers of the military units where persons are to enlist.

(4) Where the directors of regional military manpower offices have drafted and reported an implementation plan for military force mobilization training call as prescribed in paragraph (3), they shall draft a detailed implementation plan for military force mobilization training call which includes various support measures, such as transportation, food distribution, etc., and forward it to the commanding officers of the military units where persons are to enlist by not later than the end of February of each year.

(5) In cases of training or check-up without advance notice in preparation for a military force mobilization call, the date of drafting and forwarding an operational plan for military force mobilization training, etc. may be advanced notwithstanding the provisions of paragraphs (1) through (3). <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 105(Plans for Wartime Labor Calls) #

(1) Articles 94 through 99 shall apply mutatis mutandis to plans for wartime labor call, designation of persons subject to a call, service of notice, establishment and operation of enlistment offices, physical examination for enlistment, handling of invalids, discharge from a call, etc. under Article 53 of the Act. In such cases, "persons subject to a call for military force mobilization" shall be construed as "persons subject to a call for wartime labor," "operational plan for military force mobilization" as "operational plan for wartime labor call," "plan for military force mobilization call" as "plan for wartime labor call," "implementation plan for military force mobilization call" as "implementation plan for wartime labor call," "notice of call for military force mobilization" as "notice of call for wartime labor," "enlistment office for a call for military force mobilization" as "enlistment office for a call for wartime labor," "physical examination for enlistment following a call for military force mobilization" as "physical examination for enlistment following a call for wartime labor," and "discharge from a call for military force mobilization" as "discharge from a call for wartime labor".

(2) Articles 100 through 104 shall apply mutatis mutandis to any check-up made in preparation for a wartime labor call as prescribed in Article 53 (2) of the Act. In such cases, "persons subject to a call for military force mobilization training" shall be construed as "persons subject to check-up for wartime labor call," "operational plan for military force mobilization training" as "operational plan for check-up for wartime labor call," "plan for military force mobilization training call" as "plan for check-up for wartime labor call," "implementation plan for military force mobilization training call" as "implementation plan for check-up for wartime labor call," "notice of a call for military force mobilization training" as "notice of check-up for wartime labor call," "enlistment office for military force mobilization training call" as "enlistment office for check-up for wartime labor call," "physical examination for enlistment following a call for military force mobilization training" as "physical examination for enlistment following a call for wartime labor call," and "discharge from a call for military force mobilization training" as "discharge from check-up for wartime labor call".

[This Article Wholly Amended on Dec. 7, 2009]

Article 106(Call for Military Education of Supplementary Service Personnel) #

(1) The directors of regional military manpower offices shall report the number of persons subject to a call for military education of supplementary service personnel to be implemented in the following year to the Commissioner of the Military Manpower Administration no later than July 31 of each year. <Amended on Nov. 29, 2016>

(2) Where the Commissioner of the Military Manpower Administration has received reports under paragraph (1), he or she shall collate the reports and notify the chief of staff of each service branch of the reports, and the chief of staff of each service branch who has been notified thereof shall draft an operational plan for military education call which describes the number of persons necessary for each military unit in which they are to enlist and for each date of enlistment, and obtain approval from the Minister of National Defense by not later than September 30 of each year. <Amended on Nov. 29, 2016>

(3) The Minister of National Defense shall forward an operational plan for military education call which he has approved in accordance with paragraph (2) to the Commissioner of the Military Manpower Administration and the chief of staff of each service branch, respectively, no later than October 15 of each year; and the Commissioner of the Military Manpower Administration who has received the above-mentioned plan shall draft an enlistment plan for military education call and forward it to the directors of regional military manpower offices, while the chief of staff of each service branch shall forward an operational plan for military education call to the commanding officers of military units where persons are to enlist without delay. <Amended on Nov. 29, 2016>

(4) Where the commanding officers of military units where persons are to enlist have received an operational plan for military education call under paragraph (3), they shall notify the directors of regional military manpower offices of the number of persons scheduled for a call for military education by enlistment date no later than November 30 of each year. <Amended on Nov. 29, 2016>

(5) Where the directors of regional military manpower offices have received an enlistment plan for military education call under paragraph (3), they shall draft an implementation plan for enlistment for military education call, report it to the Commissioner of the Military Manpower Administration, and forward it to the commanding officers of military units where persons are to enlist. <Amended on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 107(Implementation of Call for Military Education) #

A call for military education of supplementary service personnel shall be implemented for each place of residence, location of job, or agency to which they belong, as follows: <Amended on Jul. 21, 2010; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Jun. 30, 2020; Oct. 14, 2021>

1. Social work personnel: Simultaneous with the call to serve as social service personnel; and, in unavoidable circumstances, within one year from such call: Provided, That the persons who have completed a call for military education as prescribed in Article 55 of the Act before they are called to serve as social service personnel and the persons who have been enlisted as active duty servicemen and assigned to supplementary service as prescribed in Article 137 (7) shall be exempt from the call for military education;

1-2. Deleted; <Jun. 14, 2016>

1-3. Art and sports personnel: Within one year from the date they are assigned to art and sports personnel service: Provided, That the persons who have completed a call for military education as prescribed in Article 55 of the Act before they are assigned to art and sports personnel service and the persons who have been enlisted as active duty servicemen and assigned to supplementary service as prescribed in Article 137 (1) 6 shall be exempt from the call for military education;

2. Public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates or public quarantine veterinarians: Before they are enrolled on the military register as public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates or public quarantine veterinarians and are assigned to service institutions: Provided, That where necessary for public interest, the Minister of Justice and the heads of the relevant central administrative agencies may implement a call for military education upon consultation after they are assigned in service institutions;

3. Expert research personnel and industrial technical personnel: During the period of their mandatory service: Provided, That where they cannot be called for military education during the period of their mandatory service due to reasons, such as overseas service, service on board a ship, etc., the call for military education shall be implemented when the above-mentioned reasons cease to exist;

4. Crew of an intercontinental ship whose call to serve as social service personnel has been postponed for at least three years: When the reasons for the postponement cease to exist.

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 109(Service of Notice of Military Education Call) #

(1) In cases of supplementary service personnel, the director of each regional military manpower office shall serve a notice of call for military education no later than 30 days prior to the date of enlistment. <Amended on May 28, 2018>

(2) Notwithstanding paragraph (1), a notice of call for military education for any of the following persons shall be served no later than seven days prior to the date of enlistment: <Newly Inserted on May 28, 2018; Jun. 30, 2022>

1. Social work personnel who are not to be called for military education simultaneously with the call pursuant to subparagraph 1 of Article 107;

2. Art and sports personnel under subparagraph 1-3 of Article 107;

3. Public health doctors, doctors exclusively in charge of draft physical examination, public-service judge advocates or public quarantine veterinarians under subparagraph 2 of Article 107.

4. Persons in whose case the remaining period of mandatory service by the due date for which service is to be completed is less than six months, from among expert research personnel and industrial technical personnel under subparagraph 3 of Article 107.

(3) When a notice of call-up to serve as social service personnel has been served upon persons who have been called to serve as social service personnel and for education simultaneously in accordance with subparagraph 1 of Article 107, the notice of a call for military education shall be deemed served in accordance with paragraph (1). In such cases, matters with regard to the notification of the call for military education shall be recorded in the notice of call-up to social service personnel. <Amended on Dec. 4, 2013; Nov. 29, 2016; May 28, 2018>

(4) Upon receipt of a list of persons who are to enlist and their military service records, the commanding officer of the military unit where the persons are to enlist shall forward a list of persons who have enlisted (a written personnel order may be forwarded in lieu thereof) and a list of persons who have not enlisted (including invalids) along with their military service records to the director of the regional military manpower office without delay. <Amended on May 28, 2018>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 111(Handling of Retirees from Service during Calls for Military Education) #

(1) The commanding officer of a military unit may retire those who are deemed unable to complete a call for military education due to extenuating circumstances, such as a disease, at the time classified as follows; and the director of a regional military manpower office shall re-execute a call for military education upon the retirees after the relevant causes cease to exist: Provided, That where any of the retirees has been retired due to disease as a result of close physical examination in a military hospital, such retiree shall be handled by applying Article 18-9 mutatis mutandis: <Amended on Nov. 29, 2016; Jul. 2, 2019; Jun. 22, 2021>

1. Persons who are enlisted after undergoing an enlistment examination (including persons who are enlisted without undergoing an enlistment examination under subparagraph 1 of Article 18-7): When the date of enlistment elapses;

2. Persons who have undergone a physical examination for enlistment under Article 14-3 (7) of the Act: When seven days (including Saturdays and public holidays) elapse from the date they are enlisted.

(2) Where persons who were called for military education pursuant to subparagraph 1 of Article 107 have retired, the period from the date of enlistment until the date of retirement shall be included in the period of service. <Amended on Nov. 29, 2016>

(3) Upon request of a person who has been injured in duty, notwithstanding the above paragraph (1) of this Decree, the commanding officer of a military unit may not retire the person and call him up again for military education after medical treatment. <Newly Inserted on Nov. 23, 2011; Nov. 29, 2016>

(4) In cases where a call-up for military education has been executed under the above paragraph (3), the period from the date of enlistment until the previous date of call-up again for military education shall be included in the period of service. <Newly Inserted on Nov. 23, 2011; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 113-2(Calls for Military Education of Onboard Ship Reserve Personnel) #

(1) Persons falling under Article 21-2 (1) 2 of the Act who have been assigned to onboard ship reserve service shall be called for military education before the first service on board a ship after the assignment: Provided, That in cases of persons already in service on board a ship under the subparagraphs of Article 40-2 (1), such persons shall be called for military education when they leave the ship. <Amended on Nov. 29, 2016>

(2) The provisions of Articles 106, 108, and 111 through 113 shall apply mutatis mutandis to a call for military education of onboard ship reserve personnel under the main clause of Article 55 (1) of the Act. In such cases, "director of a regional military manpower office" in Article 106, the main clause, with the exception of the subparagraphs, of Article 111 (1), and Article 112 shall be construed as "director of the competent regional military manpower office". <Amended on Nov. 29, 2016; Jun. 22, 2021>

(3) A notice of a military education call for onboard ship reserve personnel shall be served by the director of the competent regional military manpower office on the principal no later than 30 days before such call for military education and Article 109 (4) shall apply mutatis mutandis to matters concerning notification of a call for military education. In such cases, "director of a regional military manpower office" in Article 109 (4) shall be construed as "director of the competent regional military manpower office". <Amended on Nov. 29, 2016; May 28, 2018>

(4) Articles 22 through 24 and 27 (1) and (2) shall apply mutatis mutandis to the establishment and operation of an enlistment office for a military education call for the escort and admission of persons who are called for military education as onboard ship reserve personnel, physical examinations at the assembly places, reports of postponed enlistment, and the period of service in cases of reenlistment of persons invalided. In such cases, the "Commissioner of the Military Manpower Administration" shall be construed as "director of the competent military manpower office" and "persons to be enlisted for active duty service" as "persons to be called for military education". <Amended on Nov. 29, 2016; Jun. 22, 2021>

(5) Deleted. <Jun. 22, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 117(Treatment of Persons Removed from Register of Student Officer Cadets) #

(1) Where the chief of staff of each service branch has removed any student officer cadets pursuant to Article 57 (2) of the Act from the register in accordance with Article 6 of the Presidential Decree on the Implementation of Student Military Education, he shall forward the grounds therefor and the relevant list to the Commissioner of the Military Manpower Administration within 14 days from such removal, and the Commissioner of the Military Manpower Administration who has received the grounds and the list shall promptly forward them to the directors of regional military manpower offices in order to have such persons in question return to their status prior to their enlistment and call them up as active duty servicemen or social service personnel: Provided, That in cases of persons under the age of 19, such persons shall be managed according to their status prior to the enlistment as student officer cadets. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(2) Upon receipt of a list of persons removed from the register in accordance with paragraph (1), the director of a regional military manpower office may continue to postpone until the age limit for each school the enlistment or call-up with respect to persons removed from the register who fall under the grounds for disqualifications for appointment as commissioned or non-commissioned officers in accordance with Article 10 of the Military Personnel Management Act, who did not receive mandatory military education or failed the evaluation of the military education, or who cannot graduate until they complete the mandatory course of military education, and in cases where persons removed from the register are struck with a disease or physical or mental disorder, they may be assigned to the relevant armed forces by applying Article 135 (5) mutatis mutandis, following a physical examination at a draft physical examination center or at a military hospital. <Amended on Dec. 4, 2013; Nov. 29, 2016; Oct. 14, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 119(Enrollment on Military Register of Military Surgeon Candidates, Judicial Officer Candidates, Military Chaplain Candidates, and Veterinary Officer Candidates) #

(1) Persons eligible to be enrolled on the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates as prescribed in Article 58 (2) of the Act shall be any of the following, among persons subject to the draft physical examination, persons subject to enlistment in active duty service, and persons subject to call-up to serve as social service personnel: <Amended on Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016>

1. In the field of medicine, persons who are undertaking a required course at a military medical institute designated by the Minister of National Defense (hereinafter referred to as "military medical personnel") and who are due to complete the course by age 33;

2. In the field of judicial affairs, persons who are undertaking a required course at the Judicial Research and Training Institute and who are due to complete the course by age 30, or persons working on the prescribed course at law schools who can obtain the qualification to be a judge, public prosecutor or attorney-at-law by age 30;

3. In the field of military religious affairs, persons who are enrolled at any school of theology, any Buddhist university or any seminary university designated by the Minister of National Defense, and who are due to complete the course by age 28;

4. In the field of veterinary affairs, persons who are enrolled at a veterinary college (including a college where the department of veterinary science is installed) and who can finish the course by age 28.

(2) Persons specified in paragraph (1) who intend to apply to become military surgeon candidates, judicial officer candidates, or veterinary officer candidates shall file an application (including applications in electronic form) for military surgeon candidates, judicial officer candidates, or veterinary officer candidates to the Commissioner of the Military Manpower Administration via the heads of the pertinent training institutes, Judicial Research and Training Institute, law schools, or veterinary schools by the following deadlines, respectively: not later than February 10 (for a person who has taken and passed the national examination for doctors administered due to the urgent need to recruit medical personnel in accordance with the Medical Service Act, no later than 15 days after the date of announcement of the successful applicants) of the year in which they are employed as military medical personnel, not later than March 31 of the year in which they enter the Judicial Research and Training Institute or they are in the second year of law schools, or not later than May 31 of their third year of the regular courses of veterinary schools; and persons specified in paragraph (1) who intend to apply to become military chaplain candidates shall file an application (including applications in electronic form) for military chaplain candidates in accordance with the procedures for filing an application, selection, etc. determined by the Minister of National Defense. In such cases, if they are not enrolled on the military register of officers in active duty service in the medical, judicial, or veterinary field, the purports of desiring to be enrolled as public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates, or public quarantine veterinarians may be stated in their applications. <Amended on Jul. 21, 2010; Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016; May 28, 2018; Feb. 17, 2021>

(3) Where a person who has filed an application for enrollment of officers in active duty service in the medical, judicial, or veterinary field pursuant to Article 118 (1) files an application for military surgeon candidates, judicial officer candidates, or veterinary officer candidates under paragraph (2), he shall be deemed to have withdrawn his application for enrollment of officers in active duty service in the medical, judicial, or veterinary field. <Newly Inserted on Oct. 14, 2021>

(4) When selecting military surgeon candidates, judicial officer candidates, and veterinary officer candidates among applicants under paragraph (2), the Commissioner of the Military Manpower Administration shall do so (excluding persons falling under any ground for disqualification prescribed in Article 10 (2) of the Military Personnel Management Act) based on the descending order of an aggregate of both the marks calculated by converting the physical grades under Article 12 (1) of the Act out of a score of 100 and the marks calculated according to the following classification; and if the proposed number of persons to be selected is exceeded owing to same scorers, they shall be selected based on the order of the person who has been granted a higher physical grade, the person with the highest marks on the basis of the following classification, and the person whose date of birth comes first. When converting the said physical grades into a grade out of 100, physical grades I to III shall be scored in 100 marks, and physical grade IV in 90 marks: <Newly Inserted on Dec. 4, 2013; Nov. 29, 2016; May 28, 2018; Oct. 14, 2021>

1. For military surgeon candidates: Marks obtained by converting the results of the medical licensing examination, dental licensing examination, or oriental medical licensing examination into a grade out of 100;

2. For judicial officer candidates: Marks under each of the following:

(a) For students enrolled in the Judicial Research and Training Institute: Marks obtained by converting the results of the bar examination into a grade out of 100;

(b) For students enrolled in law schools: An aggregate of both the marks calculated by converting the results of the legal education eligibility test they took as at the time of entering the law schools into a grade out of 50 and the marks calculated by converting the grades they gained in the first year of the law schools into a grade out of 50;

3. For veterinary officer candidates: The marks calculated by converting an average of the grades obtained in the first and second years of the regular courses of the veterinary colleges into a grade out of 100.

(5) After selecting military surgeon candidates, judicial officer candidates, or veterinary officer candidates under paragraph (4), the Commissioner of the Military Manpower Administration shall forward the register of such candidates each to the heads of the pertinent training institutes, Judicial Research and Training Institute, law schools, or veterinary schools and the directors of regional military manpower offices, and the director of a regional military manpower office, in receipt of the above-mentioned register, shall enroll such persons in the register of military surgeon candidates and judicial officer candidates. <Amended on Nov. 23, 2011; Dec. 4, 2013; Oct. 14, 2021>

(6) Upon receipt of lists of selected military chaplain candidates from the Minister of National Defense, the Commissioner of the Military Manpower Administration shall send the lists to the director of the relevant regional military manpower office, and the director of the relevant regional military manpower office shall, in receipt of the lists, enroll the selected military chaplain candidates on the military registers of military chaplain candidates. <Amended on Nov. 23, 2011; Dec. 4, 2013; Oct. 14, 2021>

(7) With regard to military surgeon candidates, judicial officer candidates, military chaplain candidates, and veterinary officer candidates who have completed the required courses before the age limit in accordance with paragraph (1), but who have not obtained the qualifications in accordance with the subparagraphs of Article 58 (1) of the Act, they may be continuously managed as military surgeon candidates, judicial officer candidates, military chaplain candidates, and veterinary officer candidates until they reach the age limit. <Amended on Dec. 4, 2013; Oct. 14, 2021>

(8) Matters necessary for the selection of military chaplain candidates and the training of military surgeon candidates, other than those provided for in paragraphs (1) through (7), shall be prescribed by Ordinance of the Ministry of National Defense. <Amended on Dec. 4, 2013; Oct. 14, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

Article 119-2(Committee for Management and Examination of Military Chaplains) #

(1) A committee for the management and examination of military chaplains provided for in Article 58 (7) of the Act (hereafter referred to as the "committee" in this Article) shall consist of not less than eight members and not more than 11 members, including one chairperson. In such cases, the rate of believers in a certain religion shall be less than one third.

(2) The chief of the headquarters for personnel welfare of the Ministry of National Defense shall be the chairperson of the committee and the members of the committee shall be the following persons:

1. The personnel planning officer of the Ministry of National Defense;

2. The head of the team in charge of military religious affairs in the Ministry of National Defense;

3. Military officers on active duty with ranks of colonel or higher, public officials in general service with Grade IV or higher in ranks, or public officials in special service equivalent thereto (including public officials belonging to the Senior Civil Service) who belong to the Ministry of National Defense, designated by the Minister of National Defense;

4. The personnel staff officers of the Army, Navy and Air Force Headquarters.

(3) The chairperson may, if he or she deems it necessary for the committee's fair deliberations and resolutions, have relevant experts appear and state their opinions at any meeting of the committee: Provided, That in the event that the committee deliberates and resolves on matters referred to in paragraph (4) 1, it shall have related persons of the relevant religious organization attend its meeting to hear their opinions.

(4) The committee shall deliberate and resolve on the following:

1. Matters concerning the selection or revocation of the selection of any religion subject to enrollment in the military religious field under the subparagraphs of Article 118-2;

2. Matters concerning the selection of military chaplains on active duty;

3. Other matters concerning the operation of military chaplain systems.

(5) The committee's meetings shall open with the attendance of not less than two thirds of the registered members and pass resolutions with the concurrent vote of a majority of those present.

(6) An executive secretary shall be employed to handle the business of the committee, who shall be appointed by the chairperson, from among public officials belonging to the Ministry of National Defense.

(7) In order to pre-examine matters under paragraph (4) 1, a specialized committee may be established within the committee.

(8) Matters necessary for the composition and operation of the specialized committee pursuant to paragraph (7) shall be determined by the chairperson following resolution by the committee.

(9) Civilian members, relevant experts, etc. who attend meetings of the committee and the specialized committee may be paid allowances and travel expenses within the budget.

[This Article Wholly Amended on Dec. 7, 2009]

Article 120(Notification and Management of Changes in Status of Military Surgeon Candidates, Judicial Officer Candidates, Military Chaplain Candidates, and Veterinary Officer Candidates) #

(1) Where a military surgeon candidate, judicial officer candidate, military chaplain candidate, or veterinary officer candidate falls under any of the following cases, the head of the relevant training institute, Judicial Research and Training Institute, law school, or school shall 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 relevant training institute, Judicial Research and Training Institute, law school, or school is situated; and referring to the Minister of National Defense in cases of military chaplain candidates) of such fact within 14 days: <Amended on Nov. 23, 2011; Dec. 4, 2013; Sep. 22, 2017; Oct. 14, 2021>

1. Where such candidate is expelled from a school or removed from the register;

2. Where such candidate is unable to complete the required course or unable to graduate before reaching the age limit under the subparagraphs of Article 119 (1);

3. Where a person attending a law school enrolled on the military register of judicial officer candidates as prescribed in Article 119 (1) 2 is unable to complete the prescribed course and obtain the qualification to become a judge, public prosecutor, or attorney-at-law by age 30;

3-2. Where a person attending a veterinary college enrolled on the military register of veterinary officer candidates as prescribed in Article 119 (1) 4 is unable to complete the prescribed course and obtain the qualification to become a veterinarian by age 28;

4. Where military medical personnel change the designated training institute, or the course of major at their own discretion without permission from the Commissioner of the Military Manpower Administration;

5. Where such candidate falls under any subparagraph of Article 62 (1) of the Act;

6. Where military medical personnel retire from the training institute;

7. Where any military chaplain candidate is transferred to another school or secedes from the religious organization to which he belongs;

8. Where the representative of the religious organization to which any military chaplain candidate belongs withdraws the guarantee of ordination;

9. Where the person in question wishes to renounce the status of a judicial officer candidate, military chaplain candidate, or veterinary officer candidate within the period determined by the Commissioner of the Military Manpower Administration;

10. Where a year or month in which a military surgeon candidate, judicial officer candidate, or veterinary officer candidate completes the prescribed course is changed.

(2) Where the Minister of National Defense has been notified of changes in status of military chaplain candidates falling under paragraph (1) 1, 2, 5, and 7 through 9, the Minister shall forward the list to the Commissioner of the Military Manpower Administration, who in turn shall notify the director of the competent regional military manpower office thereof. <Amended on Sep. 22, 2017>

(3) The director of each regional military manpower office shall, in receipt of notice under paragraphs (1) and (2), take measures in accordance with the following classification and report the result to the Commissioner of the Military Manpower Administration: <Amended on Dec. 4, 2013; Nov. 29, 2016; Sep. 22, 2017>

1. Persons who fall under paragraph (1) 1 through 3, 3-2, and 7 through 9: They shall be expunged from the military register of military surgeon candidates, judicial officer candidates, military chaplain candidates and veterinary officer candidates, and reinstated to the status held prior to the enlistment and enlisted for active duty service or called to serve as social service personnel: Provided, That military medical personnel who fall under paragraph (1) 2, shall not be expunged from the relevant military register and shall be enlisted as military surgeon candidates;

2. Persons who fall under paragraph (1) 4 or 6: They shall not be expunged from the relevant military register and shall be enlisted as military surgeon candidates;

3. Persons who fall under paragraph (1) 5: They shall be expunged from the relevant military register, and persons who fall under Article 62 (1) 1 of the Act shall be assigned to wartime labor service, while persons who fall under Article 62 (1) 2 of the Act shall be assigned to supplementary service;

4. Persons who fall under paragraph (1) 10: Subject to prior check of whether the year of enlistment is changed, they shall be managed as persons to be enlisted in the pertinent year.

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 121(Enlistment of Military Surgeons, Judicial Officers, Military Chaplains, and Veterinary Officers) #

(1) The Minister of National Defense shall send a basic plan for enlistment of persons who are to be enrolled on the military register of active duty service officers in the medical, judicial, religious and veterinary fields (including military surgeon candidates, judicial officer candidates, military chaplain candidates and veterinary officer candidates; hereinafter referred to as "military surgeons, judicial officers, military chaplains, and veterinary officers") and active duty service officers in the basic career branches (hereinafter referred to as "officers in the basic career branches") under Articles 58 and 59 of the Act to the Commissioner of the Military Manpower Administration and the chief of staff of the relevant service branch no later than 40 days before the date of enlistment, and the Commissioner of the Military Manpower Administration in receipt of such basic plan shall draft an enlistment plan and forward it to the directors of regional military manpower offices while the chief of staff of the relevant service branch in receipt of such basic plan shall draft a training plan and forward it to the commanding officer of each military unit in which they are to enlist. <Amended on Nov. 29, 2016>

(2) With regard to persons who have applied for enrollment on the military register of military surgeons, judicial officers, military chaplains and veterinary officers and officers in the basic career branches, the Minister of National Defense shall receive the lists thereof from the Commissioner of the Military Manpower Administration and forward a list of persons who are to enlist as candidates for active duty service officers to the directors of regional military manpower offices via the Commissioner of the Military Manpower Administration 20 days prior to the date of enlistment. <Amended on Nov. 29, 2016>

(3) The director of each regional military manpower office shall serve a notice of enlistment in active duty service on candidates for military surgeons, judicial officers, military chaplains, veterinary officers, and officers in the basic career branches according to an enlistment plan under paragraph (1) on the principals no later than seven days prior to the date of enlistment and have them individually enlist and shall forward a list of persons to be enlisted and their military service records to the commanding officers of the military units in which they are to be enlisted: Provided, That in cases of candidates for military surgeons and veterinary officers in whose case it is impossible to know whether they have passed qualifying examinations for medical specialists conducted by the Minister of Health and Welfare under Article 77 of the Medical Service Act and Article 18 of the Regulations on the Training and Recognition of Qualifications of Medical Specialists, a notice of enlistment in active duty service may be served at least one day before the date of enlistment. <Amended on May 28, 2018>

(4) The commanding officer of each military unit where men are to enlist shall implement the mandatory military education with respect to persons who have enlisted in accordance with paragraph (3) and shall report the list thereof to the Minister of National Defense via the chief of staff of the relevant service branch 10 days prior to the completion of the education.

(5) Upon receiving a report under paragraph (4), the Minister of National Defense shall enroll persons subject to enrollment as military surgeons, judicial officers, military chaplains, veterinary officers, and officers in the basic career branches on the military register of active duty service officers on the day following the date of completion of military education.

[This Article Wholly Amended on Dec. 7, 2009]

Article 122(Physical Examinations for Enlistment of Military Surgeons, Judicial Officers, Military Chaplains, and Veterinary Officers) #

(1) The latter part of Article 18-8 (2), and paragraphs (4) and (5) of that Article shall apply mutatis mutandis to enlistment examinations, etc. of persons who have enlisted in accordance with Article 121, but matters concerning the criteria for determining physical grades shall be prescribed by Ordinance of the Ministry of National Defense. <Amended on Nov. 29, 2016; Jun. 22, 2021>

(2) With respect to any person invalided after being disqualified for military service under Article 58 (5) of the Act, the director of the competent regional military manpower office shall require him to undergo a follow-up physical examination at a draft physical examination center or the Central Physical Examination Agency according to the following classification in accordance with paragraph (6) of that Article, and assign him to relevant service or compel him to be reenlisted based upon his physical grade. In such cases, with respect to any person whose physical grade is determined at Grade VII as a result of the follow-up physical examination referred to in subparagraphs 1 (b) and 2, the provisions of Article 17 (2) and (3) shall apply mutatis mutandis to handling him: <Amended on Nov. 29, 2016>

1. Where the recovery period is specified, such period shall be counted from the date a physical examination for enlistment is conducted:

(a) Where the recovery period is less than three months, he shall be reenlisted on the date of enlistment following the expiration of the recovery period;

(b) Where the recovery period is at least three months, a follow-up physical examination shall be conducted without delay after the recovery period expires and a military service disposition shall be made based on the result thereof;

2. Where the recovery period is not specified, a follow-up physical examination shall without delay be conducted and a military service disposition shall be made based on the result thereof.

(3) Any person whose recovery period referred to in paragraph (2) 1 (a) is less than three months and any other person whose physical grade is found to fall under Grades I through Grade IV as a result of the follow-up physical examination referred to in subparagraph 1 (b) and 2 of that paragraph shall be reenlisted on the next enlistment date, and the provisions of paragraph (2) shall apply mutatis mutandis where any person reenlisted is invalided after being disqualified for military service. In such cases, if any person is invalided after being disqualified for military service on the ground of the same disease or the same mental or physical disorder, and the recovery period is specified, such period shall be counted from the date a physical examination for his enlistment is conducted after he is reenlisted. <Amended on Nov. 29, 2016>

(4) With regard to persons enlisted to become military surgeons, judicial officers, military chaplains, veterinary officers, or as active duty officers in the basic career branches and recognized as in need of a recovery period of at least 15 days due to a disease or a physical or mental disorder during the period of military education, the commanding officers of the military units in which the persons in question are enlisted shall treat them in accordance with paragraphs (1) and (2).

(5) With regard to persons to enlist to become active duty officers of medical, judicial, veterinary affairs, etc. in accordance with Articles 58 and 59 of the Act, the Commissioner of the Military Manpower Administration shall, after making inquiries with the relevant administrative agency about whether the relevant persons have any grounds for disqualification from appointment as commissioned officers under Article 10 of the Military Personnel Management Act, forward a list of persons who fall under the grounds for disqualifications from appointment to the directors of regional military manpower offices, expunge the disqualified persons from the military register, and require them to serve in active duty service with their standing prior to their enlistment, or call them up as social service personnel. <Amended on Dec. 4, 2013>

[This Article Wholly Amended on Dec. 7, 2009]

Article 123(Application for Enlistment as Active Duty Officers by Persons Who Passed Public Examination for Employment as Public Officials of Grade V) #

(1) Persons who intend to be enlisted as active duty officers among those who have passed a public examination for the employment of public officials of Grade V or an open examination for the employment of public officials of Grade V or among those who have been determined to be appointed as foreign service officers of Grade V under the Decree on the Appointment of Public Officials, etc. shall submit an application for enlistment as active duty officer in the field of basic career branches (including applications in electronic form) to the Commissioner of the Military Manpower Administration through the Secretary General of the National Assembly Secretariat, the Minister of the National Court Administration, the Minister of Personnel Management, or the Minister of Foreign Affairs (hereinafter referred to as "head of a testing agency") within 14 days from the date of enrollment on a list of persons subject to employment. <Amended on Mar. 23, 2013; Nov. 19, 2014; Nov. 29, 2016>

(2) Upon receiving applications in accordance with paragraph (1), the Commissioner of the Military Manpower Administration shall confirm the military service records of the applicants and forward a list of the persons subject to enrollment on the military register of officers in the basic career branches to the head of a testing agency.

(3) Upon receiving a list under paragraph (2), the head of each testing agency shall record the status of persons subject to enlistment as officers in the reference column of the register of persons subject to employment and, when any of the persons subject to enlistment as officers relinquishes his qualification as a person subject to employment due to the accrual of any ground for disqualification from appointment as a public official or other grounds, shall immediately notify the Commissioner of the Military Manpower Administration, who, in turn, shall have him enlisted for active duty service.

(4) The Commissioner of the Military Manpower Administration may request the head of any agency or organization in medical, judicial, religious and veterinary fields to submit a list of persons who have qualifications under the subparagraphs of Article 58 (1) of the Act (limited to male persons who are not older than 40). <Amended on Nov. 23, 2011>

[This Article Wholly Amended on Dec. 7, 2009]

Article 124(Age Limits by School) #

(1) The conscription or call-up (hereafter in Articles 124-2, 124-3, 125 through 127, 127-2, 128, 128-2, and 129 referred to as "enlistment, etc.") of persons falling under Article 60 (2) 1 or 2 of the Act may be postponed until they reach any of the following ages: <Amended on Dec. 4, 2013; Nov. 4, 2014; Jun. 30, 2015>

1. For a high school, the age limit is 28;

2. For a two-year course at a junior college or a major college under Article 31 (4) of the Lifelong Education Act (hereinafter referred to as "major college"), the age limit is 22; for a three-year course, the age limit is 23; and for an extension course for a higher degree, the age limit is 24;

3. For a four-year course at a university, the age limit is 24; for a five-year course, the age limit is 25; and a six-year course, the age limit is 26 (for a medical school, dental school, oriental medicine school, and veterinary school, the age limit is 27);

4. For master's degree courses at a graduate school, the age limit is 26 for a two-year course; for a course exceeding two years, the age limit is 27 (for the departments of medicine, dentistry, oriental medicine, veterinary science, and pharmacy at any general graduate school, and for specialized medical graduate schools and specialized dentistry graduate schools, the age limit is 28); and for a doctorate course, the age limit is 28;

5. For an internship institute, the age limit is 26.

(2) The scope of schools or internship agencies under paragraph (1) shall be as follows: <Amended on Oct. 1, 2010; Jun. 30, 2015; Sep. 25, 2015; Oct. 14, 2021>

1. High school: Any of the following schools:

(a) Schools, the graduates of which are recognized as having academic attainments entitling them to enter upper schools, among high schools, three-year technical high schools and various kinds of schools (limited to educational institutions similar to high schools or three-year technical high schools) under Article 2 of the Elementary and Secondary Education Act;

(b) Schools, the graduates of which are recognized as having academic attainments entitling them to enter upper schools, among lifelong education facilities where curricula corresponding to that of high schools under Article 31 of the Lifelong Education Act is conducted;

(c) Foreign educational institutions corresponding to high schools prescribed in Article 2 of the Elementary and Secondary Education Act, among foreign educational institutions established and operated under the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City;

2. Junior college, university, college, etc.: Any of the following schools or facilities:

(a) Universities and colleges, industrial colleges (limited to where the curricula equivalent to universities and colleges are fulfilled by attending classes), teachers' colleges, junior colleges, distance learning colleges, technical colleges, and various kinds of schools under Article 2 of the Higher Education Act, and universities and colleges established and operated pursuant to special-purpose Acts (including foreign universities and colleges corresponding to universities and colleges under subparagraph 1 of Article 2 of the Higher Education Act and junior colleges under subparagraph 4 of that Article;

(b) National Police College under the Establishment of the Korean National Police University 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;

(d) Facilities, the graduates of which are recognized as having academic attainments equal to those from junior colleges or universities and colleges, among distance learning college-style lifelong educational establishments under Article 33 (3) of the Lifelong Education Act, and major colleges;

3. Graduate school: Schools that confer at least a master's degree (including the Korea Advanced Institute of Science and Technology, the Gwangju Institute of Science and Technology, the DaeguGyeongbuk Institute of Science and Technology, the Ulsan National Institute of Science and Technology, the Korean National University of Arts that operates curricula equivalent to graduate programs, and foreign graduate schools corresponding to graduate schools under Article 29 of the Higher Education Act);

4. Training Institute: Judicial Research and Training Institute.

[This Article Wholly Amended on Dec. 7, 2009]

Article 124-3(Postponement of Enlistment of Outstanding Persons in Sports and Popular Culture and Arts Fields) #

(1) Any of the following persons may be permitted to postpone their enlistment, etc. pursuant to Article 60 (2) 3 of the Act: <Amended on Jun. 22, 2021>

1. Members of a national team registered as athletes with athletic organizations, recommended by the president of the Korean Sport and Olympic Committee under Article 33 of the National Sports Promotion Act (hereafter in this Article referred to as the "president of KSOC");

2. Athletes who have established a new national record in a national championship or rendered distinguished service to the improvement of national prestige, recommended by the Minister of Culture, Sports and Tourism, among top athletes under subparagraph 2 of Article 2 of the Enforcement Decree of theNational Sports Promotion Act;

3. Popular culture artists defined in subparagraph 3 of Article 2 of the Popular Culture and Arts Industry Development Act who have been awarded the Order of Cultural Merit under Article 17-3 of the Awards and Decorations Act or the Cultural Merit Medal under subparagraph 10 of Article 19 of that Act and whom the Minister of Culture, Sports and Tourism recommends as he or she recognizes that such artists have rendered distinguished service to the improvement of national prestige.

(2) A person who intends to postpone his enlistment, etc. as specified in Article 60 (2) 3 of the Act shall file an application for recommendation, along with documents prescribed by the Ordinance of the Ministry of National Defense, with the Minister of Culture, Sports and Tourism (referring to the president of KSOC in the case of paragraph (1) 1; hereafter in this Article, the same shall apply). <Amended on Jun. 22, 2021>

(3) Upon receipt of an application for recommendation under paragraph (2), where the Minister of Culture, Sports and Tourism judges that a person who has filed an application for recommendation is an outstanding person in the field of sports and popular culture and arts and it is necessary to postpone his enlistment, etc., the Minister may recommend the director of a regional military manpower office to postpone such enlistment, etc.; in such cases, the following documents shall be attached: <Amended on Jun. 22, 2021>

1. A recommendation for postponing enlistment, etc.;

2. Applications for recommendation and attached documents submitted by persons for recommendation.

(4) The director of a regional military manpower office in receipt of a recommendation under paragraph (3) shall determine whether to postpone the enlistment, etc. taking into account the reasons for postponement, etc. within the age range prescribed in the following and shall notify the result thereof to the relevant persons for recommendation: <Newly Inserted on Jun. 22, 2021>

1. A person specified in paragraph (1) 1 or 2: By the age of 27;

2. A person specified in paragraph (1) 3: By the age of 30.

(5) "Ground prescribed by Presidential Decree, such as where he commits an act impairing his dignity as an outstanding person" in Article 60 (4) of the Act means any of the following cases: <Newly Inserted on Jun. 22, 2021>

1. Where he is excluded from a national team (limited to persons specified in paragraph (1) 1);

2. Where the decoration of the Order of Culture Merit or the Cultural Merit Medal is revoked pursuant to Article 8 (1) of the Awards and Decorations Act (limited to persons specified in paragraph (1) 3);

3. Where he wants to have the postponement of his enlistment, etc. revoked;

4. Where the director of a regional military manpower office deems that he commits an act impairing his dignity, such as driving while intoxicated, gambling, or sex offense.

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Jun. 22, 2021]

[Moved from Article 124-2 <Dec. 4, 2013>]

Article 125(Postponement of Enlistment of Students) #

(1) The head of a school (excluding foreign universities, colleges, and graduate schools; hereafter in this Article, the same shall apply) or internship institute provided for in Article 124 (2) shall draft a register of persons who hold school registration (in cases of high schools, referring to a register of students subject to postponed enlistment; in cases of internship agencies, referring to a register of internship trainees; hereinafter the same shall apply) classified by Si/Gun/Gu and forward it to the directors of regional military manpower offices no later than March 31 (September 30 for a register of persons who hold school registration in the second semester) of each year. <Amended on Oct. 14, 2021>

(2) Where a person who is enrolled at a foreign university, college, or graduate school wishes to postpone his enlistment, etc. pursuant to Article 124 (1), he shall file an application for postponement of his enlistment, etc. (including applications in electronic form) with the director of a regional military manpower office. <Newly Inserted on Oct. 14, 2021>

(3) Upon receiving a register of persons who hold school registration under paragraph (1) or an application for postponement of enlistment, etc. under paragraph (2), the director of the competent regional military manpower office shall postpone the enlistment, etc. until the grounds for postponement cease to exist within the age limit for each school, and with regard to persons whose enlistment may not be postponed, the director shall notify the head of the pertinent school or internship institute or the applicant of such grounds. <Amended on Oct. 14, 2021>

(4) Matters necessary for the preparation and management of a register of persons who hold school registration shall be determined by the Commissioner of the Military Manpower Administration, following consultations with the Minister of Education. <Amended on Mar. 23, 2013; Oct. 14, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

Article 128(Postponement of Draft Physical Examinations) #

(1) When any of the following persons is aboard a ship sailing to or from a foreign country as a crew member, or resides or stays abroad for not less than the period prescribed by the Commissioner of the Military Manpower Administration, his draft physical examination, follow-up draft physical examination, enlistment, etc. under Article 60 (1) 1 and 2 or (2) of the Act shall be deemed postponed: Provided, That the postponement of enlistment for any person whose date of enlistment, etc. has been determined shall be subject to conditions separately determined by the Commissioner of the Military Manpower Administration: <Amended on Dec. 4, 2013; Nov. 29, 2016; May 28, 2018; Jun. 30, 2020>

1. A person who has obtained permission for overseas travel or for extended overseas travel under Article 70 (1) or (3) of the Act;

2. A person who is under 25 years of age and has not been called for preliminary military service, supplementary service, or alternative service.

(2) Any person born in a foreign country or any person who has resided in a foreign country after he reported his emigration to any foreign country pursuant to the Emigration Act may postpone his draft physical examination, follow-up draft physical examination, enlistment, etc. on account of the verification of the relevant facts by the head of the diplomatic mission abroad, the head of the immigration office of the Ministry of Justice, or the head of the immigration branch office of the Ministry of Justice. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(3) The draft physical examination, follow-up draft physical examination, enlistment, etc. of persons arrested or are facing an execution of sentence for their crimes shall be deemed postponed. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(4) Where any person subject to a disposition to postpone his draft physical examination, follow-up draft physical examination, enlistment, etc. pursuant to paragraph (2) falls under any item of Article 147-2 (1) 1, the disposition taken to postpone the draft physical examination, follow-up draft physical examination, enlistment, etc. and the permission for overseas travel or the permission for extension of overseas travel period shall be revoked and the military duty shall be imposed; however, the same shall not apply during the period in which any person falling under Article 147-2 (1) 1 (c) or (e) falls under second generation Korean national residing abroad. In such cases, the provisions of Article 147-2 (2) shall apply when the military duty is imposed. <Amended on Dec. 4, 2013; Nov. 29, 2016; May 28, 2018>

(5) "Second generation Korean national residing abroad" in paragraph (4) means a person who himself and his parents have continued to reside in a foreign country by age 17 after he was born in a foreign country (including any person who left Korea for a foreign country before he turned 6 years of age), falling under any of the following sub-paragraphs. In such cases, if he studies in a school prescribed in Article 2 of the Elementary and Secondary Education Act in Korea within three years before he turns 17, or if the person himself or his parents reside (the period of residing in Korea shall be added up by counting backward from the date when calculation is made, and the date of his entry into Korea shall be included and the date of his departure from Korea shall be excluded) in Korea within 90 days out of one year until he reaches the age of 17, he shall be deemed to continue to reside abroad: <Amended on Nov. 23, 2011; Nov. 4, 2014; Dec. 19, 2017; Jul. 2, 2019>

1. Persons who have obtained nationality, citizenship or permanent residency status (excluding any conditional permanent residency status) from a foreign government;

2. Persons who have obtained indefinite stay status (including long-term stay status of at least five years) in any foreign country that has no system under which the permanent residency status is granted;

3. Persons who have continued to reside in a foreign country which grants only short-term stay status of less than five years after filing a report of emigration pursuant to Article 6 of the Emigration Act.

(6) The Commissioner of the Military Manpower Administration, heads of regional military manpower offices or heads of diplomatic missions abroad shall verify the second generation Korean national residing abroad prescribed in paragraph (5) by a certificate concerning family relationship, certificate of permanent residency (including nationality, citizenship and qualification for a long-term right to stay for at least five years), immigration records, etc. In such cases, the heads of diplomatic missions abroad shall immediately send the confirmed list and papers certifying such fact to the heads of regional military manpower offices.

(7) Where a "second generation Korean national residing abroad" under paragraph (5) falls under any of the following, such person shall not be considered a "second generation Korean national residing abroad": <Newly Inserted on Nov. 23, 2011; Mar. 23, 2013; Apr. 5, 2023>

1. Where the principal, his father, or his mother has reported the permanent returning to Korea to the Commissioner of the Overseas Koreans Administration under Article 12 of the Emigration Act;

2. Where the principal has stayed for at least three years in Korea after he has turned 18.

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 129(Postponement of Date of Enlistment) #

(1) A person who may postpone the date for fulfillment of his military duty in accordance with Article 61 (1) of the Act is as follows: <Amended on Jun. 14, 2016; Nov. 29, 2016; May 28, 2018>

1. A person who has an impediment to fulfilling his military duty due to a disease or physical or mental disorder;

2. A person required for nursing or to make funeral arrangements for his lineal ascendants or descendants, spouse, brothers, sisters or other family members residing in the same household who are in critical condition or dies;

3. A person required for rebuilding in the aftermath of any natural disaster and other calamities;

4. A person whose whereabouts are unknown;

5. A person who applies for recruitment or transfer service of each army and waits for the results thereof: Provided, That in cases of persons for whom the date of enlistment as an active duty serviceman is determined, it shall be limited to cases where he applies for recruitment, etc. prior to 30 days before the date of enlistment;

6. Any of the following persons who has obtained permission for overseas travel or permission for an extended overseas travel or who has not turned 25 years of age:

(a) A person waiting to depart from the Republic of Korea;

(b) A person staying abroad, in whose case any of draft physical examination, follow-up draft physical examination, enlistment, etc. is not postponed pursuant to Article 128 (1);

7. A person who intends to apply for an entrance examination at any level of school;

8. A person who has an impediment to fulfilling his military duty due to other extenuating circumstances.

(2) Persons who fall under any subparagraph of paragraph (1) may postpone the date for fulfillment of their military duty by up to two years in total. <Amended on Jul. 21, 2010; Dec. 20, 2012; Nov. 29, 2016>

(3) "Reasons prescribed by Presidential Decree, such as a disaster" in Article 61 (3) 2 of the Act means the following cases: <Newly Inserted on Jul. 21, 2010; Dec. 29, 2010; Jun. 22, 2021>

1. Where a person contracted an infectious disease under the Infectious Disease Control and Prevention Act;

2. Where a person resides in a special disaster area under the Framework Act on the Management of Disasters and Safety;

3. Where a person's resident registration is revoked, or his place of residency is registered as unidentified pursuant to the Resident Registration Act.

(4) A person falling under any subparagraph of paragraph (1) who intends to postpone the date for fulfilling the duty of the draft physical examination, follow-up draft physical examination, enlistment, etc. shall file an application for postponement (including applications in electronic form) with the director of a regional military manpower office at least five days before the said date: Provided, That where he has insufficient time due to a sudden occurrence of the relevant cause, he shall file a report with the director of the relevant regional military manpower office by means of telegraph, telephone, etc., and submit a written application for postponement (including applications in electronic form) within three days thereafter. <Amended on Jul. 21, 2010; Dec. 4, 2013; Nov. 29, 2016>

(5) In receipt of an application for postponement of the date of enlistment (including applications in electronic form) under paragraph (4), the director of each regional military manpower office shall decide on whether to approve the application. <Amended on Jul. 21, 2010; Nov. 29, 2016>

(6) With regard to persons whose date for fulfillment of a military duty has been postponed due to any ground under paragraph (1) 1 and who are deemed incapable of fulfilling the military duty due to a disease or mental or physical disorder in accordance with Article 65 (1) 1 and paragraph (4) of that Article of the Act, the director of a regional military manpower office may alter their disposition for military service, following a physical examination at a draft physical examination center or at a military hospital. In such cases, with regard to persons unable to perform military service due to deformity of the entire body, any disease, or mental or physical disorder, etc. provided for in any subparagraph of Article 134 (1), the director of a regional military manpower office may alter their disposition for military service without administering a physical examination, and with regard to persons whose date of call-up to serve as social service personnel has been postponed and who are found to have been confined to a hospital or a sanatorium for at least one year due to a mental disorder, he may assign such persons to wartime labor service without administering a physical examination. <Amended on Jul. 21, 2010; Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016>

(7) Matters necessary for the period of postponement by reason and restrictions on the frequency of postponement and the age under paragraph (2) shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jul. 21, 2010; May 28, 2018>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 130(Assignment to Wartime Labor Service and Discharge from Call-Up for Alternative Service Due to Family Reasons) #

(1) The scope of persons who are the sole providers of their family's livelihood referred to in Article 62 (1) 1 of the Act shall, after classifying family members (including the principal himself; hereafter in this Article, the same shall apply) into the income earner, dependents, or self-supporters pursuant to the criteria under the following provisions of subparagraphs 1 through 3, 5, and 6, be those who fall within the scope of assets and income under subparagraph 7, where their family members include no income earner but only dependents, or where there exists any income earner, it exceeds the financial ability under subparagraph 4: <Amended on Oct. 1, 2010; Nov. 23, 2011; Dec. 4, 2013; Jun. 30, 2020>

1. Persons between the ages of 19 and 59 (excluding students aged 19 years and enrolled in high schools or lower-level schools) shall be deemed income earners;

2. Persons aged less than 19 years, students aged 19 years and enrolled in high schools or lower-level schools, and persons aged 65 years or over shall be deemed dependents;

3. Persons between the ages of 60 and 64 shall be deemed self-supporters who are neither income earners nor dependents;

4. The number of dependents which exceeds the financial ability of one income earner to support the family shall be deemed at least three for a male income earner and at least two for a female income earner;

5. Persons, out of income earners or self-supporters, who require at least six months' recuperation on account of a disease or physical or mental disorder and are found not to meet the criteria for working ability determined by the Commissioner of the Military Manpower Administration shall be deemed dependents;

6. Persons called to full-time reserve (including persons subject to a call to full-time reserve service who have received notice of enlistment for active duty service) or social service personnel (regardless of whether they have received notice of a call to social service personnel and who submitted an application for reduction of or exemption from military service due to reasons of difficulty in supporting the family in accordance with Article 132) shall be deemed dependents, while active duty servicemen (including persons who have received notice of enlistment in active duty service, but excluding persons subject to a call to full-time reserve service who have received notice of enlistment in active duty service) or alternative service personnel (including persons who have received notice of a call to serve as alternative service personnel) shall be deemed self-supporters;

7. The scope and standard of the assets and income of persons unable to support their livelihood shall be determined by the Commissioner of the Military Manpower Administration after taking into consideration the assets and income of their family, and the academic background, job, means of supporting livelihood, etc. of the relevant persons.

(2) With regard to persons deemed unable to actually support themselves even though they do not meet standards provided for in paragraph (1), the director of a regional military manpower office may confirm their status and assign them to wartime labor service or exempt or discharge them from a call-up to serve as alternative service personnel in accordance with Article 62 (1) 1 or 63-2 (1) of the Act (hereafter in this Article and Articles 130-2, 132, 135, and 155-2 referred to "assign to wartime labor service, discharge from a call-up, etc."). In such cases, the standards, etc. for assignment to such wartime labor service, discharge from a call-up, etc. shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jun. 30, 2020>

(3) Any assignment to wartime labor service, discharge from a call-up, etc. with regard to persons falling under Article 62 (1) 1 of the Act who are in active duty service (including those in military service and those to be enlisted for active duty service under Articles 21 and 25), supplementary service, or alternative service shall be made in accordance with the following classification: <Amended on Jun. 30, 2020>

1. Where one person in any household is subject to a call-up or conscription and another person in the same household is performing military service (including service as social service personnel and alternative service personnel; hereafter in this Article, the same shall apply): If the remaining service period of the person currently in military service is less than six months, he shall be assigned to wartime labor service, discharged from a call-up, etc.; if the remaining service period is at least six months, one person chosen by his household members shall be assigned to wartime labor service, discharged from a call-up, etc.;

2. Where at least two persons in one household are in military service at the same time: One person chosen by his household members shall be assigned to wartime labor service, discharged from a call-up, etc.: Provided, That if there is a person whose remaining service period is less than six months, he shall be assigned to wartime labor service, discharged from a call-up, etc.

(4) Article 62 (1) 2 of the Act shall apply only to persons adopted at or before the age of 13 who are fully adopted under the Civil Act or adopted under the Act on Special Cases concerning Adoption and, where persons have been killed on the battlefield or on duty or who became disabled due to any war or official wound prescribed in that subparagraph, such cases shall be limited to any of the following persons: <Amended on Nov. 20, 2015; Nov. 29, 2016; Jan. 7, 2020; Jun. 30, 2020; Oct. 14, 2021>

1. The deceased soldiers and policemen, soldiers who died in the course of performing a duty, soldiers and policemen wounded in a war, and soldiers wounded in the course of performing a duty whose degree of disability is at least Grade VI in accordance with the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State;

2. A person who was called or mobilized as reserve, supplementary, wartime labor, or alternative service personnel in accordance with the Act or the Reserve Forces Act or Alternative Service Act, and who was killed in a war or in the course of performing a duty, or who sustained at least a Grade VI disability in a war or in the course of performing a duty;

3. A person who was killed in a war or in the course of performing a duty or who sustained at least a Grade VI disability in a war or in the course of performing a duty during the period of their seconded service as obligatory firefighting unit personnel or members of auxiliary police companies under Article 25 of the Act.

4. A person was killed in a war or in the course of performing a duty or who sustained at least a Grade VI disability in a war or in the course of performing a duty during the period of his seconded service as a correctional guard under Article 2 of the Act on Compensation Following Abolition of Correctional Institution Guard Units.

(5) Deleted. <Jun. 20, 2020>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Jun. 30, 2020]

Article 130-2(Deliberative Committee on Difficult Livelihood) #

(1) A deliberative committee on difficult livelihood shall be established in each regional military manpower office and military manpower branch office for the purpose of deliberating on assignment to wartime labor service, discharge from a call-up, etc. for any person who faces difficulty in his livelihood as provided for Article 62 (1) 1 of the Act and Article 130 of this Decree in order to ensure the fairness and objectiveness of such disposition. <Amended on Jun. 30, 2020>

(2) A deliberative committee on difficult livelihood shall consist of not more than 10 members, including one chairperson.

(3) The chairperson of a deliberative committee on difficult livelihood shall be a person who is designated by the director of a regional military manpower office or the head of a military manpower branch office from among conscription officers or public officials in the positions of the heads of divisions in charge of the affairs related to conscription, call-up, or reduction of or exemption from military service who belong to the regional military manpower office or the military manpower branch office and its members shall be persons who are designated or commissioned by the director of a regional military manpower office or the head of a military manpower branch office from among public officials in 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 military service who all belong to the regional military manpower office or the military manpower branch office and other persons who are recognized to be necessary to ensure the fairness and objectiveness of military service dispositions. <Amended on Nov. 29, 2016; Jun. 30, 2022>

(4) Matters necessary for the composition, operation, etc. of deliberative committees on difficult livelihood shall be prescribed by the Commissioner of the Military Manpower Administration.

[This Article Wholly Amended on Dec. 7, 2009]

Article 132(Submission of Application for Reduction of or Exemption from Military Service Due to Family Reasons) #

(1) A person who desires to be assigned to wartime labor service or discharged from a call-up, etc. pursuant to Article 62 (1) 1 or (2) or 63-2 (1) of the Act shall submit a written application (including applications in electronic form) for reduction of and exemption from military service due to difficulties in supporting livelihood to the director of a regional military manpower office, and the director of the regional military manpower office in receipt of such application shall confirm the family relations, properties, income, etc. of the person subject to reduction of and exemption from military service under Article 130 (1) 7. In such cases, the director of the regional military manpower office shall confirm property-related data, such as land and buildings, payment and receipt of benefits under the National Basic Living Security Act, and registration as a person with disabilities under the Welfare of Disabled Persons Act, etc. in cooperation with the head of the competent local government, as prescribed in Article 80 of the Act; financial assets-related data, such as deposits, in cooperation with the head of the related financial institution; and income-related data, etc.. in cooperation with the head of the competent tax office and the head of the National Pension Corporation, respectively, and in cases where it is required to obtain the written consent of a person liable for military service and of family members at the time of making a request for cooperation pursuant to the relevant statutes or regulations, he shall append the said written consent. <Amended on Oct. 1, 2010; Nov. 29, 2016; Jun. 30, 2020>

(2) An application for reduction of and exemption from military service on account of difficulties in supporting livelihood in accordance with paragraph (1) shall be submitted within the following periods: <Amended on Jun. 30, 2020>

1. A person subject to enlistment in active duty service: Five days prior to the date of the enlistment after receiving notice of enlistment in active duty service;

2. A person subject to a call-up to serve as alternative service personnel: Five days prior to the date of the call-up after receiving notice of the call-up to serve as alternative service personnel;

3. A person in supplementary service: From the year following the year he undergoes the draft physical examination.

(3) Each person who wishes to be assigned to supplementary service in accordance with Article 62 (1) 2 of the Act shall file an application for assignment to supplementary service (including applications in electronic form) and a confirmation report of the relevant facts of being killed or wounded in action, etc. (including confirmation reports in electronic form) with the director of a regional military manpower office. In such cases, the head of a regional office of patriots and veterans affairs or the head of a district office of patriots and veterans affairs who receives a request for issuance of a confirmation report of the relevant facts of being killed or wounded in action, etc. shall comply with such request. <Amended on Jun. 30, 2020>

[This Article Wholly Amended on Dec. 7, 2009]

Article 133(Discharge from Military Service for Family Reasons) #

(1) With regard to applications for reduction of or exemption from military service submitted by persons who wish to be assigned to wartime labor service in accordance with Article 63 (1) of the Act, the provisions of Article 132 (1) shall apply mutatis mutandis, and with regard to applications for reduction of or exemption from military service submitted by persons who request a reduction of their military service in accordance with Article 63 (2) or 63-2 (2) of the Act, the provisions of Article 132 (3) shall apply mutatis mutandis. <Amended on Nov. 29, 2016; Jun. 30, 2020>

(2) The director of a regional military manpower office, in receipt of an application for reduction of or exemption from military service under paragraph (1), shall process such application in accordance with the following standards: <Amended on Jun. 30, 2020>

1. An active duty servicemen (including persons who are in service under Articles21 and 25 of the Act; hereafter in this Article, the same shall apply): Where he falls under Article 62 (1) 1 or 2 of the Act, a request shall be made to the chief of staff of the relevant service branch or the commanding officer of the relevant military unit to assign him to wartime labor service or reduce the service period to six months; and where the service period is reduced, a request shall be made to assign him to supplementary service after he completes the service period;

2. Social work personnel and alternative service personnel: Where they fall under Article 62 (1) 2 of the Act, the service period shall be reduced to six months; and where the service period is completed, the call-up shall be revoked.

(3) When the chief of staff of the relevant service branch or the commanding officer of the pertinent military unit has received a request under paragraph (2), he or she shall assign persons who fall under Article 62 (1) 1 of the Act to wartime labor service within one month; while he or she shall assign persons who fall under Article 62 (1) 2 of the Act to supplementary service on the day following the expiry date of the service period under Article 63 (2) of the Act (without delay for persons whose service period has already expired). <Amended on Nov. 29, 2016>

(4) Persons who wish to be assigned to wartime labor service pursuant to Article 63 (3) of the Act and persons who seek the revocation or postponement of a call for military force mobilization or a call for wartime labor shall file an application for reduction of or exemption from military service on account of difficulty in maintaining livelihood (including applications in electronic form), and with regard to the procedures for submission and processing of the application, the provisions on the submission and processing of an application for reduction of or exemption from military service of active duty servicemen provided for in paragraphs (1) through (3) shall apply mutatis mutandis. <Amended on Nov. 29, 2016>

(5) When falsehood is discovered in the details of an application submitted by any person assigned to wartime labor service or supplementary service or whose call-up has been revoked in accordance with paragraphs (2) through (4), and accordingly a mistake is made in the disposition for military service, the director of a regional military manpower office shall, without delay, request the chief of staff of the relevant service branch or the commanding officer of the pertinent military unit to cancel the disposition for military service of such person, if he has been in service following a call to active duty service, military force mobilization call, or a call for wartime labor, and to order him to return to service and complete the remaining period of military service, and shall cancel the disposition for military service of such person, if he has been in service as social service personnel or alternative service personnel, and compel him to complete the remaining period of military service. <Amended on Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020>

[This Article Wholly Amended on Dec. 7, 2009]

Article 134(Exemption of Persons in Preliminary Military Service from Military Service) #

(1) Persons incapable of performing military service due to deformity of the entire body, any disease, physical or mental disability, etc. under Article 64 (1) 1 of the Act shall be as follows: <Amended on Jul. 21, 2010; Dec. 20, 2012; Dec. 4, 2013; Nov. 29, 2016; Jul. 2, 2019; Jan. 7, 2020; Oct. 14, 2021>

1. A person who requires a guardian or a protector on account of an incurable mental disease or mental retardation from which he has been suffering for at least two years since the outbreak;

2. A person of dwarfism, person with severe vertebral deformation, a person who has no nose or ears;

3. A speech-impaired, hearing-impaired, or vision-impaired person (including a person who can see only through a single eye);

4. A person who cannot engage in intense physical activity due to paralysis or shortened limbs;

5. A registered Hansen's disease sufferer or person infected with human immunodeficiency virus in any public health center;

6. A person who has lost at least three fingers or toes;

7. A person who is confirmed to have a malignant blood disease (limited to blood cancer in which cases at least five years have elapsed since diagnosis of aplastic anemia, leukemia, myelodysplastic syndrome, malignant lymphoma, or remission), congenital immunodeficiency disease, Addison's disease, or Langerhans cell histiocytosis (limited to cases of treatment with systemic chemotherapy);

8. A person who is registered as a person with a disability under the Act on Welfare of Persons with Disabilities: Provided, That any person prescribed by Ordinance of the Ministry of National Defense as requiring to undergo a draft physical examination because the level of his disability under the Act on Welfare of Persons with Disabilities does not meet the criteria for determining physical grades provided in Article 12 (4) of the Act shall be excluded herefrom.

(2) Each person who wishes to be exempted from military service in accordance with Article 64 (1) 1 or 2 of the Act shall file an application for exemption from military service (including applications in electronic form) with the director of a regional military manpower office by the day preceding the date of the draft physical examination. <Amended on Nov. 29, 2016>

(3) In receipt of an application for exemption from military service under paragraph (2), the director of a regional military manpower office shall verify the grounds for exemption.

(4) With regard to persons provided in the main clause of paragraph (1) 8, the director of a regional military manpower office shall verify the relevant registration without such persons' applications, notwithstanding paragraphs (2) and (3). <Amended on Jul. 21, 2010; Jan. 7, 2020>

(5) The director of a regional military manpower office may, when he or she verifies the grounds for exemption from military service pursuant to paragraph (3) and the fact of registration pursuant to paragraph (4), exempt the relevant persons from military service or assign them to wartime labor service, according to the standards for determination of physical grades provided for in Article 12 (4) of the Act. <Amended on Nov. 29, 2016>

(6) Deleted. <Nov. 4, 2014>

(7) Each person who wishes to be assigned to wartime labor service under Article 64 (1) 3 of the Act shall file an application for assignment to wartime labor service (including applications in electronic form) with the director of a regional military manpower office by the date preceding the date he undergoes the draft physical examination. <Amended on Dec. 20, 2012; Nov. 29, 2016>

(8) The director of a regional military manpower office may, in receipt of an application for assignment to wartime labor service under paragraph (7), assign the relevant person to wartime labor service without him undergoing a draft physical examination. <Amended on Dec. 20, 2012; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 29, 2016]

Article 135(Alteration of Dispositions for Military Service of Persons to Be Enlisted for Active Duty Service) #

(1) Persons subject to enlistment as active duty servicemen, onboard ship reserve personnel, military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates, persons subject to enlistment as officers in the basic career branches, supplementary service personnel (excluding persons who are in service called up for military force mobilization), alternative service personnel (excluding persons who are in service on account of a call for wartime labor service), reserve service personnel (excluding persons who are in service on account of a call to full-time reserve service and a call for military force mobilization), or wartime labor service personnel (excluding persons who are in service on account of a call for wartime labor), who wish to have their disposition for military service changed due to an injury sustained while performing a duty, illness, or physical or mental disorder in accordance with Articles 65 (1) 1 and (4) and 65-2 (1) of the Act shall submit an application for change of a military service disposition to the director of a regional military manpower office. <Amended on Jul. 21, 2010; Nov. 23, 2011; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016; Jun. 30, 2020; Oct. 14, 2021>

(2) A person in receipt of a notice of enlistment in active duty service, or a notice of call-up to serve as social service personnel or alternative service personnel shall submit an application for change of a military service disposition under paragraph (1) by the day preceding the date of enlistment or call-up; a military surgeon candidate, a judicial officer candidate, a military chaplain candidate, or a veterinary officer candidate shall do so through the head of the relevant training institute, Judicial Research and Training Institute, law school, or school; and a person who is serving as art and sports personnel, a public health doctor, a public-service judge advocate, or a public quarantine veterinarian shall do so through the head of the agency to which the person belongs: Provided, That the person may submit such application to the director of the relevant regional military manpower office without going through the head of the agency to which he belongs, if he wants to do so. <Newly Inserted on Oct. 14, 2021>

(3) The director of a regional military manpower office in receipt of an application for change of a military service disposition pursuant to the proviso of paragraph (2) shall notify the head of the agency to which the relevant person belongs of the receipt of the application and the results of processing it. <Newly Inserted on Oct. 14, 2021>

(4) Notwithstanding paragraph (1), with respect to any person serving as supplementary service personnel or alternative service personnel but registered as a patient infected with human immunodeficiency virus under Article 134 (1) 5, the director of the competent regional military manpower office may ex officio exempt him from military service without requiring filing of an application for change of military service disposition. <Newly Inserted on Dec. 4, 2013; Jun. 30, 2020; Oct. 14, 2021>

(5) In receipt of an application for change of a military service disposition under paragraph (1), the director of a regional military manpower office shall administer a physical examination at the Central Physical Examination Agency, a draft physical examination center or a military hospital, and change the disposition for military service of the relevant person as follows: Provided, That with regard to persons incapable of performing military service due to full-body deformity, any disease or physical or mental disability, etc. under Article 134 (1) (excluding persons determined by the Commissioner of the Military Manpower Administration, such as a person registered as a person with a physical disability that is not severe or as a person with a mental disability under the Act on Welfare of Persons with Disabilities on the ground of the same disease verified through a draft physical examination, follow-up draft physical examination, or physical examination after he underwent such draft physical examination, follow-up draft physical examination or physical examination) and persons of distinguished service to the State who have been wounded in a war or injured in the course of performing a duty under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and who have been graded to rank as one of the first through seventh grades of wound or injury under Article 6-4 of that Act, the director of a regional military manpower office may take dispositions without carrying out a physical examination: <Amended on Jul. 21, 2010; Dec. 4, 2013; Nov. 29, 2016; Jan. 7, 2020; Jun. 30, 2020; Oct. 14, 2021>

1. Persons of physical grade V shall be assigned to wartime labor service, discharged from a call-up, etc., while persons of physical grade VI shall be exempted from military service;

2. Persons subject to enlistment in active duty service, onboard ship reserve personnel, supplementary service personnel, or alternative service personnel of physical grade VII shall be handled by applying mutatis mutandisArticle 17 (2) and (3);

3. Persons subject to enlistment in active duty service of physical grades II through IV shall have their military service changed in accordance with the standards for disposition for military service for the relevant year.

(6) Notwithstanding paragraph (5), the Commissioner of the Military Manpower Administration may determine separate standards for military service dispositions in consideration of the severity of a disease, the number of applications, the period of application, etc., with regard to any of the following persons: <Newly Inserted on Jan. 7, 2020; Oct. 14, 2021; Jun. 30, 2022>

1. A person who has previously undergone a physical examination under the main clause, with the exception of the subparagraphs, of paragraph (5) after filing an application for change of military service dispositions;

2. A person who uses a two-year period of postponement under Article 129 (2).

(7) The director of a regional military manpower office may, in receipt of an application for change of a military service disposition under paragraph (1) from a person who has completed service or mandatory service as supplementary service personnel or alternative service personnel or any of the reserve personnel who is confined to bed due to a disease subject to special cases of calculation for patients with advanced diseases determined and publicly notified by the Minister of Health and Welfare as prescribed in Article 19 (1) and subparagraph 3 (e) of attached Table 2 of the Enforcement Decree of the National Health Insurance Act, determine such person's physical grade documentarily or by field study, etc. without conducting a physical examination, and accordingly change the military service disposition. In such cases, matters concerning requirements necessary for the determination of physical grades, procedures therefor, etc. shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Mar. 15, 2010; Oct. 1, 2010; Aug. 31, 2012; Dec. 4, 2013; Nov. 29, 2016; Jul. 2, 2019; Jun. 30, 2020; Oct. 14, 2021>

(8) Where a person who serves as social service personnel or alternative service personnel emigrates to a foreign country together with his family (referring to where the Commissioner of the Military Manpower Administration recognizes that he is able to emigrate to any foreign country or to permanently reside abroad according to the Emigration Act; hereinafter the same shall apply), the director of a regional military manpower office shall discharge him from the call to serve as social service personnel or alternative service personnel pursuant to Article 65 (2) or 65-2 (2) of the Act. <Amended on Oct. 1, 2010; Dec. 4, 2013; Jun. 30, 2020; Oct. 14, 2021>

(9) Regarding a person to whom a disposition to discharge him from a call to serve as social service personnel or alternative service personnel was issued under paragraph (8) but who has not departed from Korea within one year and six months without good cause or who falls under any item of Article 147-2 (1) 1, the disposition taken to discharge him from the call to serve as social service personnel or alternative service personnel and permission for overseas travel shall be revoked, and they shall serve until they complete the remaining period of service. <Amended on Oct. 1, 2010; Dec. 4, 2013; Jun. 30, 2020; Oct. 14, 2021>

(10) Persons Assignable to wartime labor service under Article 65 (9) of the Act shall be those for whom at least two years of waiting period have elapsed since they were assigned to supplementary service, and matters necessary for the disposition standards by academic career, standards for computing the standby period, etc. shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Oct. 1, 2010; Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016; May 28, 2018; Jan. 7, 2020; Oct. 14, 2021>

(11) The director of a regional military manpower office shall, when he or she changes dispositions for military service of military chaplain candidates pursuant to paragraph (5), notify the Minister of National Defense of their list through the Commissioner of the Military Manpower Administration. <Amended on Oct. 1, 2010; Dec. 4, 2013; Oct. 14, 2021>

(12) "Period prescribed by Presidential Decree" in Article 65 (10) of the Act means the age of 24. <Newly Inserted on Sep. 22, 2017; Oct. 14, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

Article 135-2(Handling of Persons Seeking for Enlistment in Active Duty Service) #

(1) A person who wishes to serve as an active duty serviceman or social service personnel pursuant to Article 65 (8) of the Act shall submit an application for change of a military service disposition (including applications in electronic form) to the director of a regional military manpower office. In such cases, a person who is serving as social service personnel and desires to serve as an active duty serviceman may submit such application through the head of the service institution. <Amended on Nov. 23, 2011; Dec. 4, 2013; Oct. 14, 2021>

(2) The director of a regional military manpower office shall, in receipt of an application for change of a military service disposition under paragraph (1), deal with it according to the following disposition standards: <Amended on Dec. 4, 2013; Nov. 29, 2016; Sep. 22, 2017; Oct. 14, 2021>

1. Where a person in wartime labor service or a person exempted from military service under Article 64 (1) 2 of the Act, who wishes to be enlisted in active duty service, receives Grade I through IV in terms of physical grade as a result of a physical examination, the military service disposition for him shall be changed to a person subject to enlistment in active duty service;

2. Where a person in wartime labor service or a person exempted from military service under Article 64 (1) 2 of the Act, who wishes to serve as social service personnel, receives Grade I through IV in terms of physical grade as a result of a physical examination, the military service disposition for him shall be changed to supplementary service;

3. Where a person in wartime labor service or a person exempted from military service under Article 64 (1) 2 of the Act receives Grade VII in terms of physical grade as a result of a physical examination, there shall be no change in the military service disposition;

4. With respect to a person in wartime labor service whose academic career has been changed, the military service disposition for him shall be changed according to the changed academic career; but where a person whose academic career has been changed into one for active duty service desires to serve as social service personnel, the military service disposition for him shall be changed to supplementary service;

5. Where a person specified in Article 65 (8) 1 of the Act wants to serve as an active duty serviceman, the military service disposition for him shall be changed to a person subject to enlistment in active duty service: Provided, That where the period of active duty service calculated according to the method for calculation under paragraph (5) is less than six months, there shall be no change in the military service disposition;

6. Except as provided in subparagraphs 1 through 5, dispositions shall be made by applying Article 135 (5) mutatis mutandis.

(3) The director of a regional military manpower office in receipt of an application for change of a military service disposition pursuant to the former part of paragraph (1) shall notify the head of the service institution of the receipt of the application and the results of processing it. <Newly Inserted on Oct. 14, 2021>

(4) A person whose military service disposition is changed under paragraph (2) and thereafter whose physical grade is determined at Grade 7 as a result of an enlistment examination or who is invalided under Article 18-8 (3) shall return to his status held prior to the change in the military service disposition: Provided, That the same shall not apply where he does not desire to return to such status. <Amended on Jan. 7, 2020; Jun. 22, 2021; Oct. 14, 2021>

(5) The service period of a person prescribed in Article 65 (8) 1 of the Act, who is enlisted for active duty service shall be calculated in accordance with the following formula, in which decimal fractions shall be rounded off: <Newly Inserted on Sep. 22, 2017; Oct. 14, 2021; Jun. 30, 2022>

〔별표·서식 이미지 — 상단 '원문 보기'에서 확인〕</img>

[This Article Wholly Amended on Dec. 7, 2009]

Article 135-3(Discharge from Military Service of Those Unfit to Serve as Social Service Personnel) #

(1) Persons who are unfit to continue to serve as social service personnel pursuant to the main clause of Article 65 (11) of the Act are as follows: <Amended on May 29, 2017>

1. A person who cannot normally perform his duties due to the same disease or mental or physical disorder in spite of at least six months of continuous treatment;

2. A mental patient pursuant to subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, who might cause any serious harm to another person’s life or body during working hours;

3. A person who has difficulty in performing any simple tasks without the help of others because of mental deficiency or developmental disability;

4. A person recognized to require continuous treatment due to addiction to drugs, hemp, psychotropic medicines, or alcohol, who has difficulty in normally performing his duties;

5. A person recognized to have difficulty in normally performing his duties due to any other serious disease or mental or physical disorder.

(2) If social service personnel are found to fall under any of the subparagraphs of paragraph (1), the head of the service institution shall file an application with the director of the competent regional military manpower office for discharge from their call-up to serve as social service personnel.

(3) Upon receipt of an application for discharge from call-up to serve as social service personnel pursuant to paragraph (2), the director of the competent regional military manpower office shall make a factual investigation to ascertain whether or not it is true.

(4) Matters necessary for methods and procedures to make the investigations pursuant to paragraph (3) shall be determined by the Commissioner of the Military Manpower Administration.

(5) If a factual investigation pursuant to paragraph (3) reveals that a person falls under any of the subparagraphs of paragraph (1), the director of the competent regional military manpower office may assign him to wartime labor service after the examination pursuant to Ordinance of the Ministry of National Defense.

(6) Notwithstanding paragraph (2), if a person falling under any of the subparagraphs of paragraph (1) is identified in the course of managing or supervising service pursuant to Article 31-2 (2) of the Act or conducting a fact-finding survey pursuant to Article 43 (2) of the Act, the director of the competent regional military manpower office may assign him to wartime labor service after the examination under paragraph (5). <Amended on Oct. 14, 2021>

(7) If the disposition of military service is changed pursuant to paragraph (5) or (6), the director of the competent regional military manpower office shall deliver a certificate of military service stating the fact to the principal via the head of the service institution.

[This Article Newly Inserted on Nov. 29, 2016]

Article 136(Disposition for Military Service for Convicts) #

(1) Persons subject to enlistment in active duty service, onboard ship reserve personnel, or supplementary service personnel (excluding commissioned officers, warrant officers, or noncommissioned officers in supplementary service, and persons who have completed service as supplementary service personnel) who may be assigned to supplementary service or wartime labor service in accordance with Article 65 (1) 2 and 3 of the Act and persons subject to alternative service who may be exempted or discharged from a call-up under Article 65-2 (1) are as follows; in such cases, where the sentence of punishment is commuted to an indeterminate sentence, prescribing a short-term sentence and a long-term sentence, the long-term sentence shall be applied; where a crime for which a judgment of imprisonment without labor or heavier punishment becomes final and conclusive and a crime committed before such judgment are regarded as concurrent crimes and a sentence of imprisonment with or without labor is imposed for each crime, the term of each sentence shall be aggregated, and imprisonment with labor and imprisonment without labor shall be regarded as the same kind of punishment and therefore the term of each sentence shall be aggregated: <Amended on Jun. 30, 2020; Dec. 19, 2023; Apr. 23, 2024>

1. Any of the following persons shall be subject to enlistment in supplementary service: Provided, That any person who injures his body or is sentenced to imprisonment with labor due to any deceitful conduct with the intention of evading military service or having military service reduced under Article 86 of the Act shall be exempted:

(a) A person sentenced to imprisonment with or without labor for at least six months but less than one year and six months;

(b) A person issued a suspended sentence of imprisonment with or without labor for at least one year;

2. Any of the following persons shall be subject to enlistment in wartime labor service:

(a) A person sentenced to imprisonment with or without labor for at least one year and six months: Provided, That any person who injures his body or is sentenced to imprisonment with labor due to any deceitful act with the intention of evading military service or having military service reduced under Article 86 of the Act shall be exempted;

(b) A person whose parents are not identifiable in the family relationship register;

(c) A person whose parents died before he reached the age 13 and who has no family to support (referring to a family under Articles 779 and 974 of the Civil Act);

(d) A child under age 18 who has received protection in a child rearing facility specified in Article 52 (1) of the Child Welfare Act, a protection and treatment facility for children specified in subparagraph 3 of the same paragraph, a communal home specified in subparagraph 4 of the same paragraph, or a shelter for child abuse victims specified in subparagraph 13 of the same paragraph for at least five years;

(e) A person who has obtained nationality of the Republic of Korea pursuant to any of Articles 5 through 8 of the Nationality Act;

(f) A person whose gender has been changed from female to male in the family relationship register as a result of sex reassignment;

3. A person to be exempted or discharged from a call-up to serve as alternative service personnel: A person falling under any of subparagraph 2 (b) through (f).

(2) The director of a regional military manpower office may assign to wartime labor service any person deemed by the head of a service institution unable to normally perform his duties, among persons who serve as social service personnel and subject to imprisonment with or without labor (excluding persons who are subject to imprisonment with labor for injuring their body or committing a deceitful act with the intention of evading military service or having military service reduced) or persons specified in the main clause of Article 33 (1) of the Act or Article 33 (2) 3, 3-2, or 5 of the Act, following an examination prescribed by Ordinance of the Ministry of Defense. In such cases, Article 135-3 (2) through (7) shall apply mutatis mutandis to methods, procedures, etc. for changing a disposition for military service. <Newly Inserted on Oct. 1, 2010; Nov. 29, 2016; Jan. 7, 2020; Oct. 14, 2021>

(3) Persons who have completed service as supplementary service personnel and soldiers in reserve service who fall under paragraph (1) 2 (a) may be assigned to wartime labor service in accordance with Article 65 (1) and (5) of the Act. <Amended on Oct. 1, 2010; Nov. 23, 2011; Nov. 29, 2016>

(4) A person who wishes to change his disposition for military service pursuant to paragraphs (1) and (3) shall submit an application for change of the disposition for military service to the director of a regional military manpower office, while persons who have received notice of enlistment for active duty service or a call to serve as social service personnel or alternative service personnel shall submit such application at least one day prior to the date of enlistment or call-up: Provided, That with regard to persons who fall under paragraph (1) 1 and 2 (a), the application may be processed according to the verification of facts by the director of a regional military manpower office. <Amended on Oct. 1, 2010; Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020>

(5) The director of a regional military manpower office may assign any person falling under any of the subparagraphs of paragraph (1) at the time of the draft physical examination to supplementary service or wartime labor service in accordance with Article 14 (1) 1 of the Act: Provided, That where anyone that falls under paragraph (1) 2 (b) through (e) wishes to serve as an active duty serviceman or as social service personnel, his military service disposition may be changed by applying mutatis mutandisArticle 135-2. <Amended on Jul. 21, 2010; Oct. 1, 2010; Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020>

(6) With regard to persons subject to a draft physical examination, falling under paragraph (1) 2, the director of a regional military manpower office may assign them to wartime labor service without undergoing the draft physical examination under Article 64 (1) of the Act. <Amended on Oct. 1, 2010; Nov. 29, 2016>

(7) Each person who wishes to be subject to change of a disposition for military service as prescribed in paragraph (1) 2 (d) shall be verified by the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu through the head of the children welfare facility where he has been placed under protection. <Amended on Oct. 1, 2010; Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020>

[This Article Wholly Amended on Dec. 7, 2009]

Article 137(Changes of Dispositions for Military Service of Active Duty Servicemen) #

(1) Changes of dispositions for military service of active duty servicemen under Article 65 (1), (2), (3), and (11) of the Act (including those who are in service pursuant to Articles 21 and 25 of the Act; hereafter in this Article, the same shall apply) shall be made by the chief of staff of each service branch in accordance with the following classification; in such cases, where a crime for which a judgment of imprisonment without labor or heavier punishment becomes final and conclusive and a crime committed before such judgment are regarded as concurrent crimes and a sentence of imprisonment with or without labor is imposed for each crime, the term of each sentence shall be aggregated; and imprisonment with labor and imprisonment without labor shall be regarded as the same kind of punishment and therefore the term of each sentence shall be aggregated: <Amended on Jul. 21, 2010; Nov. 23, 2011; Dec. 4, 2013; Jun. 30, 2014; Nov. 29, 2016; Sep. 22, 2017; Jun. 30, 2020; Dec. 19, 2023>

1. Persons who cannot perform military service due to an injury sustained in a war or while on duty, a disease, physical or mental disorder shall undergo a physical examination at a military hospital; those who are given physical grade V or VI shall be examined and persons at physical grade V shall be assigned to wartime labor service while other persons with physical grade VI shall be exempted from military service: Provided, That in cases of persons hospitalized for less than three months in total while in military service, and whose remaining period of service until the expiration date of mandatory military service is less than six months even though they fall under physical grade V or VI, and who have no impediment to performing military service duties and they wish to serve in the military, such persons may be allowed to continue to serve in the military after an examination, as prescribed by Ordinance of the Ministry of National Defense;

2. A person sentenced to imprisonment with or without labor of at least one year and six months shall be assigned to wartime labor service: Provided, That any person who injures his body or is sentenced to imprisonment with labor due to a deceitful act with intent to evade military service or having military service reduced under Article 86 of the Act shall be exempted;

3. Deleted; <Nov. 29, 2016>

4. A person (any person who injures his body or is sentenced to imprisonment with labor due to a deceitful act with intent to evade military service or having military service reduced under Article 86 of the Act shall be exempted) sentenced to imprisonment with or without labor and does not fall under subparagraph 2, or a person who falls under any provision of Article 136 (1) 2 (b) through (f) may be assigned to wartime labor service after an examination, as prescribed by Ordinance of the Ministry of National Defense;

5. A person who emigrates to a foreign country with his family in accordance with the Emigration Act may be assigned to supplementary service or discharged from a call to full-time reserve service at his request: Provided, That where anyone subject to a disposition taken to assign him to supplementary service or to discharge him from a call-up fails to depart from the Republic of Korea within the period of one year and six months without good cause, or where anyone falls under any item of Article 147-2 (1) 1 and is under age 37, the disposition taken to assign him to supplementary service or to discharge him from a call to full-time reserve service shall be revoked and he shall serve again in the military until he completes the remaining term of military service;

5-2. A person who wishes to serve as full-time reserve service due to the delivery of a child among those serving as active duty servicemen (including persons who are in service under Article 25 of the Act) may be assigned to reserve service in accordance with the criteria for the selection of those to be called to full-time reserve service determined by the Commissioner of the Military Manpower Administration under Article 21 (3) of the Act. In such cases, the procedures for change to assignment for military service to full-time reserve service shall be prescribed by Ordinance of the Ministry of National Defense;

6. A person falling under any subparagraph of Article 68-11 (1) may be assigned to supplementary service. In such cases, Article 68-11 (2) through (4) shall apply mutatis mutandis to application procedures for art and sports personnel.

(2) With regard to changes of dispositions for military service on persons in reserve service, supplementary service, alternative service (excluding alternative service personnel; hereafter in this paragraph, the same shall apply), or wartime labor service who are serving in the military on account of a call for military force mobilization or a call for wartime labor under Articles 65 (1) 1 and (4) and 65-2 (1) of the Act, paragraph (1) 1 (with respect to commissioned officers, warrant officers, or noncommissioned officers, the standards for discharging from military service, persons with disabilities applicable to commissioned officers, warrant officers or noncommissioned officers in active duty service under the Enforcement Decree of theMilitary Personnel Management Act) shall apply mutatis mutandis: Provided, That with regard to persons in alternative service, dispositions for military service shall be changed only where they are given physical grade VI. <Amended on Nov. 23, 2011; Nov. 29, 2016; Jun. 30, 2020>

(3) The chief of staff of each service branch may delegate his or her authority to issue a disposition referred to in paragraphs (1) and (2) to the military commanders and the heads of military prisons. <Amended on Nov. 23, 2011; Nov. 29, 2016>

(4) Persons who are unfit to continue to serve as active duty servicemen pursuant to Article 65 (11) of the Act are those falling under any of the subparagraphs of Article 135-3 (1). <Newly Inserted on Nov. 29, 2016>

(5) With respect to active duty servicemen pursuant to paragraph (4), the chief of staff of each service branch shall make an investigation to ascertain the relevant fact. <Newly Inserted on Nov. 29, 2016>

(6) Matters necessary for methods and procedures to make the investigations pursuant to paragraph (5) shall be prescribed by Ordinance of the Ministry of National Defense. <Newly Inserted on Nov. 29, 2016>

(7) If a factual investigation pursuant to paragraph (5) reveals that an active duty serviceman is unfit to continue service as prescribed in paragraph (4), the chief of staff of each service branch may assign him to supplementary service or wartime labor service after the examination pursuant to Ordinance of the Ministry of National Defense. <Newly Inserted on Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 139(Retirement of Reserve Officers from Service) #

(1) Dispositions for retirement from service with respect to commissioned officers, warrant officers, or noncommissioned officers in reserve service or supplementary service who fall under Article 65 (1) 1 of the Act shall be issued by the directors of regional military manpower offices, by applying mutatis mutandis the standards for discharge from service of persons with disabilities, which apply to commissioned officers, warrant officers, or noncommissioned officers in active duty service under the Enforcement Decree of theMilitary Personnel Management Act: Provided, That in cases of dispositions for retirement from service of military surgeons, judicial officers, military chaplains and veterinary officers in reserve service, the standards for determination of physical grades prescribed by Ordinance of the Ministry of National Defense shall apply mutatis mutandis pursuant to Article 122 (1). <Amended on Nov. 29, 2016>

(2) A person who wishes to retire from service as commissioned officer, warrant officer, or noncommissioned officer in reserve or supplementary service in accordance with paragraph (1) shall submit an application for retirement from service (including applications in electronic form) to the director of a regional military manpower office.

(3) Upon receiving an application for retirement from service under paragraph (2), the director of a regional military manpower office shall carry out a physical examination at a draft physical examination center or a military hospital determined by the director of a regional military manpower office: Provided, That with regard to persons who are incapable of performing military service due to deformity of the entire body, any disease or physical or mental disability, etc. under Article 134 (1), he or she may issue a disposition for retirement without carrying out a physical examination. <Amended on Jul. 21, 2010; Nov. 29, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

Article 143-2(Notification regarding Military Service Dispositions) #

(1) Matters concerning dispositions taken for military service and changes in status, such as enlistment, discharge from service, discharge from a call-up, to be notified by the Commissioner of the Military Manpower Administration to the Minister of the Interior and Safety under Article 69-2 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013; Dec. 4, 2013; Nov. 19, 2014; Jun. 14, 2016; Nov. 29, 2016; Jul. 26, 2017; Jun. 30, 2020>

1. Draft physical examination: The date of disposition, physical grades, matters related to dispositions taken for military service, etc.;

2. Enlistment for active duty service: The date of enlistment, military units in which they are to enlist, etc.;

3. Social work personnel: The date of call-up, military units in which they are to enlist, the date of discharge from a call-up, and persons obligated to serve in the reserve forces;

4. Art and sports personnel, expert research personnel and industrial technical personnel: The date of assignment, the date of call-up, the date of discharge from a call-up, and persons obligated to serve in the reserve forces;

4-2. Alternative service personnel: The date of assignment, the date of a call-up, and the date of discharge from a call-up to alternative service, and whether they are subject to a call-up to service alternative to reserve forces under Article 26 (1) of the Alternative Service Act;

5. Persons discharged from military service: The branches of military service, ranks, service numbers, military occupational specialties, the date of enlistment, the date of discharge, details of transfer to the reserve forces;

6. Persons whose disposition for military service has been changed: Grounds for change of a physical grade or branch and the date of change;

7. Persons released from military service obligation or retired from military service: The date of release from military service obligation or retirement from military service, and grounds for such release or retirement;

8. Other matters necessary for mobilizing members of the reserve forces in wartime.

(2) The Commissioner of the Military Manpower Administration shall compile dispositions for military service, etc. pursuant to each subparagraph of paragraph (1) and furnish relevant computerized data to the Minister of the Interior and Safety at least once a week. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Dec. 7, 2009]

Article 145(Permission for Overseas Travel) #

(1) Each person that wishes to obtain permission for overseas travel in accordance with Article 70 (1) or (3) of the Act shall submit an application for permission for overseas travel (including applications in electronic form) to the Commissioner of the Military Manpower Administration no later than two days prior to the expected date of departure, while each person that has departed from the Republic of Korea before he reaches the age of 25 shall submit an application for permission for overseas travel (including applications in electronic form) to the Commissioner of the Military Manpower Administration via the head of a diplomatic mission abroad no later than January 15 of the year in which he reaches 25 years of age: Provided, That any person who intends to obtain permission for overseas travel for a ground, other than those under Article 146 (1) 7 and 9, may submit an application to the Commissioner of the Military Manpower Administration without going through the head of the diplomatic mission abroad.

(2) An application for permission for overseas travel referred to in paragraph (1) shall be accompanied by a document prescribed by Ordinance of the Ministry of National Defense.

(3) Where any person who filed a report of emigration pursuant to Article 6 of the Emigration Act before being assigned to preliminary military service has come to Korea to stay briefly and leaves Korea again, he shall be deemed to have received permission for overseas travel. <Amended on Nov. 29, 2016; Dec. 19, 2017>

(4) Persons restricted from permission for overseas travel under the main clause of Article 70 (2) of the Act shall be as follows: Provided, That persons in service as onboard ship reserve service personnel, supplementary service personnel, or alternative service personnel shall be excluded herefrom: <Amended on Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020; Jun. 22, 2021; Apr. 23, 2024>

1. A person who evaded or evades a draft physical examination, a follow-up draft physical examination, an enlistment examination, a physical examination for verification, enlistment in the military, or call-up provided for in Articles 87 and 88 of the Act;

2. A person who deserted or deserts from service as social service personnel, etc. provided for in Article 89-2 of the Act;

3. A person who violated the duty of obtaining permission for overseas travel under Article 94 of the Act;

4. A person for whom a disposition to postpone his draft physical examination, follow-up draft physical examination, enlistment in the military, or call-up or to cancel a call to serve as social service personnel or alternative service personnel is revoked on any ground falling under Article 147-2 (1) 1 (c) through (e): Provided, That anyone who reports on his return to the Republic of Korea for permanently residing therein under Article 12 of the Emigration Act shall be excluded herefrom;

5. A person who has deserted, concealed his whereabouts, injured himself, or engaged in deception for the purpose of evading military service obligation or being granted reduction therein or exemption therefrom.

6. A person who refuses to receive a notice of the imposition of mandatory military service without good cause.

(5) The circumstance under which no restriction shall be imposed on permission, etc. for overseas travel provided for in the proviso of Article 70 (2) of the Act shall be any of the following: <Amended on Jun. 30, 2020>

1. The death of his spouse, his or his spouse's sibling, any lineal ascendant or lineal descendant, who resides abroad;

2. Where he suffers from a disease, treatment of which in Korea is impracticable;

3. The adjustment of household affairs for enlistment in the military or a call-up.

[This Article Wholly Amended on Dec. 7, 2009]

Article 147(Permission for Extension of Period of Overseas Travel) #

(1) Each person who intends to obtain permission for the extension of a period of overseas travel in accordance with Article 70 (3) of the Act shall submit a document that verifies the purpose of his stay that is prescribed by the Commissioner of the Military Manpower Administration and an application for permission for the extension of a period of overseas travel (including applications in electronic form) to the Commissioner of the Military Manpower Administration via the head of a diplomatic mission abroad: Provided, That any person who intends to obtain permission for the extension of a period of overseas travel on account of any reason, other than reasons falling under Article 146 (1) 7 and 9, may submit the document and application to the Commissioner of the Military Manpower Administration without going through the head of a diplomatic mission abroad.

(2) Upon receiving an application for permission for the extension of a period of overseas travel under paragraph (1), the Commissioner of the Military Manpower Administration may grant such permission, taking into consideration the purpose of overseas stay within the extent that does not hinder the imposition of military service obligation: Provided, That permission may be granted to persons who are enrolled in schools abroad (excluding high schools) up to the age limit by schools pursuant to Article 124, and in cases of persons for whom it is difficult to graduate or obtain a degree within the age limit by school, permission may be granted for the period gained by adding up one year to the age limit by school insofar as they do not pass the age of 29. <Amended on Dec. 20, 2012>

(3) Where a person enrolled in a graduate school in a foreign country is able to obtain a doctorate before June of the year when he reaches 30 years of age, the Commissioner of the Military Manpower Administration may grant permission until June 30 of the year when he reaches 30 years of age, notwithstanding the proviso of paragraph (2). <Amended on Dec. 20, 2012>

(4) Where the Commissioner of the Military Manpower Administration has decided on whether to permit extension of the period of overseas travel in accordance with paragraphs (2) and (3), he or she shall notify the head of a diplomatic mission abroad of the results thereof and have the head notify a person in question thereof.

[This Article Wholly Amended on Dec. 7, 2009]

Article 147-2(Revocation of Permission for Overseas Travel) #

(1) Where permission for overseas travel or permission for extension of the period of overseas travel provided for in Article 70 (7) of the Act may be revoked and a military service obligation may be imposed, shall be as follows: Provided, That in cases of subparagraph 1 (c) and (e), the same shall not apply during the period in which any person falling under the relevant item falls under a second-generation Korean national residing abroad under Article 128 (5): <Amended on Jul. 21, 2010; Oct. 1, 2010; Dec. 20, 2012; Dec. 4, 2013; Nov. 4, 2014; Jun. 14, 2016; Nov. 29, 2016; May 28, 2018; Jul. 2, 2019; Jun. 30, 2020; Oct. 14, 2021>

1. Where a person who departs from the Republic of Korea to any foreign country after obtaining permission for overseas travel for emigrating to such foreign country or anyone who obtains permission for extension of the period of overseas travel on the grounds of emigrating to any foreign country falls under any of the following items. This shall also apply where either of his parents falls under any ground referred to in items (a) through (c), if he has obtained permission for overseas travel or permission for extension of the period of overseas travel on the condition that he reside with either of his parents:

(a) Where he reports on his return to the Republic of Korea with an intention to permanently reside therein pursuant to Article 21 of the Emigration Act;

(b) Deleted; <Nov. 23, 2011>

(c) Where he resides in the Republic of Korea for at least six months within a one-year period. In such cases, the period of residing in Korea (including the date of his entry into Korea and excluding the date of his departure from Korea; hereinafter the same shall apply) shall be added up by counting backward from the date of calculation, but the period shall not be added up in cases where he resides in Korea for not more than 60 days on grounds falling under (i) or (ii) or he resides in Korea on grounds falling under (iii) or (iv) while his parents or spouse do not reside in Korea:

(i) Attendance at his wedding, the childbirth of his spouse, or the funeral service, the wedding, or the 60th birthday anniversary of his or his spouse's siblings, lineal descendants, or ascendants;

(ii) Participation in sports contests sponsored by sports organizations affiliated with the Korea Sports Council as a player or an officer;

(iii) Attendance at school by up to the period calculated by adding one year to the age limit of each school (where he earns a degree before June of the year in which he turns 30 years of age in cases of doctorate courses, until June 30 of the year when he turns 30 years of age) at domestic educational institutions (excluding high schools) prescribed in Article 124;

(iv) Attendance at school for a specific period in domestic educational curriculum for Korean nationals residing abroad. In such cases, the relevant educational curriculum and period shall be prescribed by the Commissioner of the Military Manpower Administration, in consideration of the age limit of each year prescribed in Article 124 and the characteristics of the relevant educational curriculum;

(d) Deleted; <Jun. 14, 2016>

(e) Where he commences a job or engages in profit-making activities in the Republic of Korea, which is publicly notified by the Commissioner of the Military Manpower Administration;

2. Where a person fails to depart from the Republic of Korea without good cause within the period of one year and six months from the date his draft physical examination, follow-up draft physical examination, enlistment in the military, or call-up is postponed after he has obtained permission for overseas travel for the purpose of emigrating to any foreign country;

3. Where a person fails to depart from the Republic of Korea without good cause within a one-year period from the date he obtains permission for overseas travel other than for the purpose of emigrating to any foreign country, or anyone falling under Article 70 (1) 1 of the Act resides in the Republic of Korea for at least three consecutive months after returning to the Republic of Korea within the permitted period of overseas travel;

4. Where a person who obtains permission for overseas travel or permission for extension of the period of overseas travel pursuant to Articles 145 and 147 intends to fulfill his military service obligation after returning to the Republic of Korea before the permitted period of overseas travel or the period of extended overseas travel expires;

5. Where a person who has obtained permission for overseas travel because he fell under any subparagraph of Article 146 (1), ceases to satisfy the requirements for such permission;

6. Where a person desires to revoke permission for overseas travel or permission for extension of the period of overseas travel.

(2) With respect to anyone who falls under paragraph (1) 1 (c) or (e), the Commissioner of the Military Manpower Administration may grant him only one grace period of three months for revoking the permission for overseas travel and if he fails to depart from the Republic of Korea during the grace period, the Commissioner of the Military Manpower Administration may revoke the permission for overseas travel or the permission for extension of the period of overseas travel and impose a military service obligation on him. <Amended on May 28, 2018>

[This Article Wholly Amended on Dec. 7, 2009]

Article 149(Management of Emigrants) #

(1) In cases where any person liable for military service who has continuously resided abroad before he reaches the age of 18 or his parents fall under any of the following subparagraphs before he reaches 25 years of age, he shall be deemed to have obtained permission for overseas travel up to 37 years of age: <Amended on Jul. 21, 2010; Nov. 23, 2011; Apr. 23, 2024>

1. Where the principal or his parents obtain permanent resident status (excluding conditional permanent resident status) in a foreign country, or he or they obtain indefinite stay status or long-term stay status of not less than five years in a country that does not enforce a permanent resident status system and continuously reside abroad;

2. Where the principal or his parents obtain stay status as special permanent resident or permanent resident in Japan and continuously reside abroad;

3. Where the principal continuously resides together with his parents in a foreign country after he was born in such foreign country and has obtained the foreign country's nationality or citizenship;

4. Where the principal or his parents emigrate to any foreign country in accordance with the Emigration Act and continuously reside abroad;

5. Where the principal departs from the Republic of Korea with his parent who are not a resident employee before his age of 18 and continuously reside abroad.

(2) In cases where anyone who falls under any subparagraph of paragraph (1) intends to have his passport issued, he shall submit a document attesting the fact (including an electronic document) to the Commissioner of the Military Manpower Administration through the head of a diplomatic mission abroad. In such cases, the Commissioner of the Military Manpower Administration may, pursuant to Article 80 of the Act, request the head of a relevant agency to provide materials related to annuity coverage of the parents of the person liable for military service so as to ascertain whether any of the parents is a resident employee pursuant to paragraph (1) 5. <Amended on Nov. 23, 2011; Sep. 22, 2017>

(3) In cases where anyone who is deemed to have obtained permission for overseas travel pursuant to paragraph (1) falls under any item of Article 147-2 (1) 1, the permission for overseas travel for him shall be deemed revoked and a military service obligation may be imposed on him. In such cases, the proviso of the part other than the subparagraphs of Article 147-2 (1) and paragraph (2) of that Article shall apply to him.

[This Article Wholly Amended on Dec. 7, 2009]

Article 149-2(Reservation of Imposition of Military Service Obligations on Holders of Permanent Resident Status Appointed as Public Officials in Fixed-Term Positions) #

(1) The Commissioner of the Military Manpower Administration may reserve imposing a military service obligation and canceling permission for overseas travels on the grounds provided for in Article 147-2 (1) 1 (c) through (e) for persons who have resided abroad after obtaining permission for overseas travel for the purpose of emigrating overseas (including anyone deemed permitted for overseas travel pursuant to Article 149 (1)) and have served in their respective fields for at least three years after they obtained doctorate degrees in the economics or the science and technology fields and then are appointed by the heads of central administrative agencies as public officials in fixed-term positions, during the period for which they work as such public officials. <Amended on Nov. 20, 2013; Nov. 29, 2016>

(2) When the heads of central administrative agencies have appointed public officials in fixed-term positions under paragraph (1), they shall furnish a list of such public officials with the following documents attached, to the Commissioner of the Military Manpower Administration within 14 days from the date of appointment: <Amended on Nov. 20, 2013; Nov. 29, 2016>

1. Copies of permanent residency certificates;

2. Certificates of doctorate degrees;

3. Career certificates indicating that the relevant persons have served in their respective fields for at least three years;

4. Copies of written orders for appointment as public officials in fixed-term positions, which specify the fields and terms of service.

(3) The Commissioner of the Military Manpower Administration shall, in receipt of a list of public officials under paragraph (2), decide whether to cancel permission for overseas travel and to reserve imposition of military service obligation on them, and then notify the heads of the relevant central administrative agencies of the results thereof.

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Nov. 20, 2013]

Article 153(Medical Treatment of Social Service Personnel) #

(1) Where social service personnel or alternative service personnel wish to receive medical treatment in accordance with Article 75 (4) of the Act, they shall file an application for medical treatment (including applications in electronic form), attached with a verification of any injury or illness issued by the heads of the service institutions (where social service personnel are in the process of basic education on service, education on duties, or guidance education on service under Article 33-2 of the Act, the relevant heads of medical institutions shall be deemed heads of the service institutions; hereafter in this Chapter, excluding the heads of the service institutions under Article 153-5 (6), the same shall apply), to the heads of medical institutions run by the State, local governments, or public organizations located in the vicinity of their service institutions: Provided, That where there exist no medical institutions run by the State, local governments or public organizations in the vicinity or in the location of the service institutions and time is insufficient to submit an application for medical treatment, the heads of service institutions may designate private medical facilities in the vicinity and have them provide medical treatment. <Amended on Nov. 23, 2011; Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020>

(2) The heads of medical institutions run by the State, local governments, or public organizations who have received an application for medical treatment under paragraph (1) shall promptly take various measures for medical treatment: Provided, That where medical institutions are inadequate, technology is lacking and other extenuating circumstances arise, they may consult with the heads of the relevant service institutions, designate private medical facilities and have them provide medical treatment. <Amended on Jul. 2, 2019>

(3) Matters necessary for the procedure for medical treatment, etc. of those who sustain injuries directly caused by military conducted during the call for military education under Article 75 (5) of the Act shall be determined by the Minister of National Defense; and the procedure for medical treatment, etc. of those who sustain any injury directly caused by military training conducted during the student military education under Article 75 (5) of the Act shall be governed by Article 11-3 of the Presidential Decree on the Implementation of Student Military Education. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(4) Paragraphs (1) and (2) and paragraph (5) (only applicable to a person specified in Article 75 (6) 2 of the Act) shall apply mutatis mutandis to a person specified in Article 75 (6) 1, 2, or 4 of the Act. In such cases, "head of the service institution" shall be construed as "Commissioner of the Military Manpower Administration, director of the regional military manpower office (including the head of the military manpower branch office), or the head of the Central Physical Examination Agency", and "service institution" shall be construed as "Military Manpower Administration, regional military manpower office (including military manpower branch office), or Central Physical Examination Agency", respectively. <Amended on Dec. 19, 2023>

(5) The cost of medical treatment under paragraphs (1) and (2) shall be borne by the heads of the service institutions, and where social service personnel or alternative service personnel have already paid the cost, the amount required for the medical treatment may be compensated for up to three years from the date medical treatment commences: Provided, That the case that the decision has been made to register as the person who has rendered distinguished service to the State or person eligible for veteran's compensation under Article 6 (3) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State or Article 4 (3) of the Act on Support for Persons Eligible for Veteran’s Compensation or the medical support has been obtained under Article 20 of the Support for Discharged Soldiers Act shall be excluded. <Newly Inserted on Nov. 23, 2011; Dec. 4, 2013; Jun. 30, 2020>

(6) The standards for classification and the scope with respect to the wound or the disease in the course of performing his duty under Article 75 (4) of the Act and standards and procedures for payment of treatment expenses prescribed in paragraph (4) shall be prescribed by the Commissioner of the Military Manpower Administration. <Newly Inserted on Nov. 23, 2011; Jun. 14, 2016>

[This Article Wholly Amended on Dec. 7, 2009]

[Title Amended on Dec. 4, 2013]

Article 153-4(Compensation for Disability) #

(1) Compensation for disability shall be granted to social service personnel or alternative service personnel who suffer any injury or illness in the line of official duty or service. In such cases, Article 33 (1) and (3) of the Military Accident Compensation Act shall apply mutatis mutandis to the standards for and amount of compensation. <Amended on Dec. 4, 2013; Jun. 9, 2020; Jun. 30, 2020>

(2) Deleted. <Dec. 4, 2013>

(3) Each person who intends to obtain compensation for disability provided for in paragraph (1) shall file an application therefor to the head of the service institution, and the head of the service institution, in receipt of such request, shall request the director of the regional military manpower office (including the head of the military manpower branch office; hereafter in this Chapter, the same shall apply) who has jurisdiction over the site of the service institution to determine the physical disability grade in order to verify whether the cause of the disability, for which compensation is sought, indeed resulted from any injury or illness incurred in the line of official duty.

(4) The director of a regional military manpower office, in receipt of a request under paragraph (3), shall request a physical examination at a draft physical examination center or at a military hospital designated by the director of a regional military manpower office, in order to verify the degree of the disability for which compensation is sought. In such cases, the head of the service institution shall bear the expenses incurred in relation to the physical examination. <Amended on Nov. 29, 2016>

(5) The director of a regional military manpower office, in receipt of notice of the results of a physical examination provided for in paragraph (4), shall determine the physical disability grade, following the review of the Compensation Review Committee under Article 153-5, and shall promptly notify the applicant for compensation and the head of the service institution thereof.

(6) The heads of service institutions shall grant disability compensation in accordance with the physical disability grade notified by the director of a regional military manpower office as provided for in paragraph (5).

(7) When persons in receipt of compensation for disability die due to any injury or illness incurred in the line of duty, the amount of compensation for death, excluding the amount of compensation for disability already granted, shall be granted.

[This Article Wholly Amended on Dec. 7, 2009]

Article 153-5(Compensation Review Committee) #

(1) In order to review the grade of physical disability for which compensation is sought, a compensation review committee (hereafter referred to as the "Committee" in this Article) shall be established under the jurisdiction of the director of each regional military manpower office, and the Committee shall be composed when it is necessary.

(2) The Committee shall be comprised of not less than five but not more than 10 members, including one chairperson.

(3) The director of a regional military manpower office shall serve as the chairperson of the Committee and may have public officials under his or her control to act for and on behalf of him or her.

(4) The members of the Committee shall be commissioned or designated by the director of a regional military manpower office from among persons who have a doctor's, dentist's, or oriental medical doctor's certificate and public officials of the regional military manpower office.

(5) The meetings of the Committee shall open with the attendance of the majority of the registered committee members and pass resolutions by the assent of the majority of the members attended.

(6) The chairperson of the Committee may request the heads of service institutions, heads of agencies giving education as prescribed in Article 33-2 of the Act, or applicants for compensation for data necessary to review the grades of physical disability. In such cases, the heads of service institutions, heads of agencies giving education as prescribed in Article 33-2 of the Act or applicants for compensation who have received such request shall cooperate unless there is a compelling reason not to do so.

(7) The members of the Committee who are not public officials and are present at a Committee meeting may be provided with remuneration within the budget.

(8) Matters necessary for the management of the Committee in addition to the matters prescribed in paragraphs (1) through (7) shall be determined by the Commissioner of Military Manpower Administration.

[This Article Wholly Amended on Dec. 7, 2009]

Article 154(Verification of Military Status of Persons Liable for Military Service at Time of Employment) #

(1) The head of a state agency or a local government or an employer shall, whenever he or she intends to employ a person liable for military service as a public official, an executive or employee, or grant a patent, permission, authorization, license, registration, designation, etc. for a business that requires such patent, permission, authorization, license, registration, designation, etc. from governmental authorities, verify whether the person has no record of evasion or military service or desertion from military service, social service, alternative service, etc. In such cases, the head of a State agency or a local government, or the employer may verify the record by either of the following means: <Amended on May 4, 2010; Dec. 4, 2013; Jun. 30, 2020>

1. By sharing administrative information, where it is possible to verify it with the transcript of military register by sharing administrative information pursuant to Article 36 (1) or (2) of the Electronic Government Act;

2. By inquiring the director of a regional military manpower office about the military register or requiring the person liable for military service to submit a military service certificate, certificate of discharge from military service, or a transcript of military register, where the record is unverifiable under subparagraph 1 or the person who wishes to be employed or obtain a patent, permission, authorization, license, registration, designation, etc. for the business as required refuses consent to such verification of record under subparagraph 1.

(2) Upon receipt of an inquiry about military status under paragraph (1) 2, the director of a regional military manpower office shall promptly respond thereto.

(3) The head of a state agency or local government or an employer who verifies a record pursuant to paragraph (1) 2 shall keep the documents related to the military service of such public official, executive, or employee separately.

[This Article Wholly Amended on Dec. 7, 2009]

Article 155-2(Persons to Undergo Physical Examinations for Confirmation) #

(1) "Where there is any reason including reasons prescribed by Presidential Decree that a person ... is deemed to deceive" in Article 77-2 (1) of the Act means the following cases: <Amended on Nov. 29, 2016; Jun. 30, 2020>

1. Where a person who has been assigned to wartime labor service, discharged from a call-up, etc. or has been exempted from military service on grounds of any eye or psychiatric disease obtains a driver's license newly or passes a non-scheduled aptitude test of driver's license;

2. Where a person who has been assigned to wartime labor service, discharged from a call-up, etc. or has been exempted from military service on grounds of any psychiatric disease obtains various qualifications and licenses which are impossible to acquire in accordance with the relevant statutes or regulations;

3. Where the indispensable medical treatment is discontinued, notwithstanding the disease shall be continuously treated after disposition for military disease;

4. Where there is evidence of evasion of military service such as the forged medical certificate, etc. or deemed to be its high possibility.

(2) If any person falling under each subparagraph of Article 77-2 (1) of the Act falls under any of each subparagraph of the above paragraph (1), the director of each regional military manpower office (including head of military manpower branch office; hereafter in this Article, the same shall apply) shall confirm the record of medical examination, details of medical treatment, etc., investigate the fact relevance through interviews with himself or the relevant persons, and perform a physical examination for verification if deemed necessary to have the physical examination for verification. In such cases, the confirmation of the record of medical examination, details of medical treatment, etc. shall be followed by Article 11-2 (1) of the Act.

(3) The director of each regional military manpower office shall serve the principal with a notice of physical examination for verification prescribed by Ordinance of the Ministry of Defense no later than 30 days before the date of examination to perform a physical examination for verification pursuant to the above paragraph (2): Provided, That in cases where the destruction of evidence caused by evasion of military service or the escape are worried, he or she shall serve a notice of physical examination for verification no later than seven days prior to the date of examination. <Amended on Nov. 29, 2016; May 28, 2018>

(4) When a physical examination for verification is conducted pursuant to paragraph (2), the director of each regional military manpower office shall apply the standard of determination by physical grade as at the time of dispositions for military service if evasion of military service is suspected, and shall confirm whether the military service has been evaded or not in consideration of the inspection details of the fact relevance of the above paragraph (2). <Amended on Nov. 29, 2016>

(5) The director of each regional military manpower office shall provide the opportunity of its vindication for a person who is suspected to have evaded the military service such as a change of physical grade as a result of the physical examination for verification pursuant to the above paragraph (4), and notwithstanding his vindication if the evasion of the military service is admitted, shall file an accusation against him with the competent investigative agency. <Amended on Nov. 29, 2016; Oct. 14, 2021>

(6) The director of each regional military manpower office shall take the dispositions of military service in accordance with the division of the following each subparagraph for a person who has evaded the military service in cases where the act of evasion of military service is confirmed to be unlawful pursuant to accusation of the above paragraph (5): <Amended on Nov. 29, 2016; Jun. 30, 2020>

1. After falling under any of the following each item, in cases where a person whose assignment to military service is changed or who is exempted from military service pursuant to Article 65 (1) 1 or (4) or 65-2 (1) of the Act, the assignment of military service shall be changed to a status just before his military service is assigned based on the act of evasion of military service:

(a) Where he has finished the active duty service and thereafter is assigned to the reserve service;

(b) Where he has finished his service as supplementary service personnel;

(d) Where he has finished his service as alternative service personnel;

2. In cases where a person doesn't fall under requirement of the above subparagraph 1, the disposition of military service based on the act of evasion of military service shall be revoked, the follow-up draft physical examination shall be performed pursuant to the regulation of Article 11 through 14 of the Act, and upon whose result the assignment to military service shall be resumed.

(7) Matters necessary for physical examination for verification other than matters provided for in paragraph (1) through (6) shall be determined by the Commissioner of the Military Manpower Administration.

[This Article Newly Inserted on Nov. 23, 2011]

Article 155-3(Reimbursement of National Health Insurance Premiums) #

(1) The scope of national health insurance premiums (referring to insurance contributions to be borne under Article 69 of the National Health Insurance Act; hereinafter referred to as "insurance premiums") to be reimbursed to full-time reserve service personnel, social service personnel, and alternative service personnel pursuant to each of the subparagraphs of Article 77-3 (1) of the Act shall be an amount determined by the Minister of National Defense in cases of full-time reserve service personnel, the Commissioner of the Military Manpower Administration in cases of social service personnel, and the head of a central administrative agency having jurisdiction over alternative service agencies under Article 16 (1) of the Alternative Service Act in cases of alternative service personnel (hereinafter referred to as "the head of the competent central administrative agency) after consultations with the Minister of Economy and Finance, excluding insurance premiums that cover each of the following periods: <Amended on Jun. 30, 2020>

1. For full-time reserve service personnel: Any of the following periods:

(a) The period of active duty service implemented by full-time reserve service personnel under Article 21 (1) of the Act;

(b) The period not included in the service period of full-time reserve service personnel under Article 23 (6) of the Act;

2. For social service personnel: Any of the following periods:

(a) The period of military education call followed by social service personnel under Article 29 (3) of the Act;

(b) The period not included in the service period of social service personnel under Article 30 (2) of the Act;

3. For alternative service personnel: The period not included in the service period of alternative service personnel under Article 18 (2) of the Alternative Service Act.

(2) The Minister of National Defense, the Commissioner of the Military Manpower Administration, and the head of the competent central administrative agency shall pay any insurance premiums, which must be reimbursed to full-time reserve service personnel, social service personnel, and alternative service personnel under Article 77-3 of the Act, on a monthly basis: Provided, That when the billing of insurance premiums is postponed under Article 79 (5) of the National Health Insurance Act or other grounds exist as determined by the Minister of National Defense, the Commissioner of the Military Manpower Administration, and the head of the competent administrative agency, the insurance premiums may be paid in a lump sum. <Amended on Jun. 30, 2020>

(3) Further details necessary for reimbursement of insurance premiums to full-time reserve service personnel, social service personnel, and alternative service personnel other than those provided for in paragraphs (1) and (2), shall be determined by the Minister of National Defense, the Commissioner of the Military Manpower Administration, and the head of the competent administrative agency, respectively. <Amended on Jun. 30, 2020>

[This Article Wholly Amended on Sep. 22, 2017]

Article 155-5(Organization and Operation of Council for Fair Management of Military Service) #

(1) The Commissioner of the Military Manpower Administration may organize and operate a Council for Fair Management of Military Service (hereafter in this Article referred to as the "Council") if necessary to deliberate on the following matters regarding military register management pursuant to Article 77-4 of the Act: <Amended on Oct. 4, 2022>

1. Selection of persons subject to military register management pursuant to the subparagraphs of Article 77-4 (1) of the Act;

2. Dispositions for military service of persons subject to military register management, and verification of whether such dispositions are appropriately taken;

3. Other matters recognized by the Commissioner of the Military Manpower Administration as necessary for fair management of the military register.

(2) The Council shall be composed of up to seven members, including one chairperson. <Amended on Jun. 30, 2022; Oct. 4, 2022>

(3) The chairperson of the Council shall be appointed by the Commissioner of the Military Manpower Administration from among director-general-level public officials belonging to the Military Manpower Administration, and the members shall be appointed by the Commissioner of the Military Manpower Administration from among director-level public officials belonging to the Military Manpower Administration. <Amended on Jun. 30, 2022; Oct. 4, 2022>

1. Deleted; <Oct. 4, 2022>

2. Deleted. <Oct. 4, 2022>

(4) Where the Commissioner of the Military Manpower Administration deems professional advice on jurisprudence, public administration, or medical science is necessary, he or she may operate an advisory group comprised of relevant experts. <Amended on Oct. 4, 2022>

(5) The chairperson shall call a meeting of the Council, and determine the date, place, and agenda thereof and notify each member thereof no later than seven days before the meeting is held, except in case of emergency.

(6) A majority of the total members of the Council shall constitute a quorum at all its meetings, and resolutions shall be passed with the concurrent vote of a majority of the members present.

(7) Except as provided in paragraphs (1) through (6), matters necessary for the organization and operation of the Council shall be determined by the Commissioner of the Military Manpower Administration. <Amended on Jun. 30, 2022>

[This Article Newly Inserted on Sep. 22, 2017]

[Previous Article 155-5 moved to Article 155-6 <Sep. 22, 2017>]

Article 156(Delegation of Military Administrative Affairs) #

(1) The Commissioner of the Military Manpower Administration shall delegate the following authority to the director of a regional military manpower office or the head of a military manpower branch office in accordance with Article 78 (1) of the Act: <Amended on Dec. 4, 2013>

1. The authority to process physical examinations, examinations of physical strength, interviews, talent examinations, written examinations, document screening, etc. (excluding the authority to select and determine) of the authority to select persons who apply to serve in the armed forces as active duty servicemen under Article 20 (1) of the Act;

2. Permission for revoking the selection of any person as an active serviceman under the latter part of Article 20 (2) of the Act;

3. Management and supervision of social service personnel under Article 31-2 (2) of the Act;

4. Permission for overseas travel under Article 70 (1) of the Act: Provided, That the director of a regional military manpower office or the head of a military manpower branch office may also grant such permission according to the following classification:

(a) Where permission for overseas travel not exceeding five months is granted, the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over the place where the application for permission of overseas travel is received;

(b) Where permission for overseas travel by any of the expert research personnel or any of the industrial technical personnel and for overseas travel by any group for the purpose of participating in international games or training abroad, etc. is granted, the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over the place where the workplace or group is located;

(c) Where permission for overseas travel by any person who was born before 1975 is granted, the director of the regional military manpower office or the head of the military manpower branch office having jurisdiction over his permanent domicile;

5. Permission for overseas travel or for extension of the period thereof under Article 70 (3) of the Act;

6. Verification and examination of the fulfillment of military service prescribed in Article 81 (1) through (3) of the Act and collection of data necessary for the verification of violations of military service-related statutes or regulations;

7. Imposition and collection of administrative fines provided for in Article 95 of the Act and the receipt of objections.

(2) The director of each regional military manpower office shall delegate the following authority to the head of each military manpower branch office in accordance with Article 78 (2) of the Act: <Amended on Dec. 4, 2013; Nov. 20, 2015; Jun. 14, 2016; Nov. 29, 2016; Jun. 30, 2020; Jun. 22, 2021; Oct. 14, 2021>

1. The issuance or re-issuance of military service certificates or certificates of discharge from military service under Article 7 (1) of the Act;

2. A survey of persons subject to draft physical examinations and the preparation and management of electronic transcripts under Article 10 (1) of the Act, and forwarding of notices of draft physical examinations, follow-up draft physical examinations and physical examinations for verification under Articles 11, 14-2 and 77-2 of the Act;

3. The classification and determination of aptitude under Article 13 of the Act;

4. Dispositions for military service under Article 14 of the Act;

4-2. Enlistment examinations under Article 14-3 (1) of the Act;

4-3. Change of military service dispositions under Article 14-3 (3) of the Act;

4-4. Follow-up physical examinations under Article 14-3 (4) of the Act;

4-5. Determination of exemption from enlistment examinations under Article 14-3 (6) of the Act;

4-6. Follow-up physical examinations, military service dispositions, and reenlistment of persons invalided under Article 18-9 as a result of physical examinations for enlistment under Article 14-3 (7) of the Act;

5. The determination of orders for conscription of persons into active duty service under Article 15 (1) of the Act;

6. Enlistment of persons for active duty service under Article 16 of the Act;

7. Deleted; <Jun. 22, 2021>

8. The selection of persons subject to a call to full-time reserve service under Article 21 of the Act and the revocation thereof;

9. Enlistment of persons subject to a call to full-time reserve service for active duty service under Article 22 (1) of the Act;

10. Enlistment of persons subject to seconded service as obligatory firefighting unit personnel and members of auxiliary police companies under Article 25 (1) of the Act;

11. The selection of social service personnel under Article 26 (4) of the Act and decision of the number of personnel assigned as social service personnel, etc. under Article 27 of the Act;

12. The determination of orders for a call to serve as social service personnel under Article 28 of the Act;

13. A call-up of social service personnel under Article 29 of the Act;

14. The designation of fields and consultations on the alteration of the fields in which social service personnel serve under Article 31 of the Act;

15. The acceptance of reports on any change in status of social service personnel and the re-designation of service institutions under Article 32 (1), (2), and (4) of the Act;

16. Engaging in the remaining military service of social service personnel and art and sports personnel prescribed in Article 33 (4) and 33-10 (5) 2 of the Act;

17. Assignment of expert research personnel and industrial technical personnel under Article 36 (5) of the Act;

18. Approval for service in fields, other than the relevant fields of military service-designated entities, at the time of assignment of expert research personnel and industrial technical personnel under the proviso, with the exception of the subparagraphs, of Article 39 (3) of the Act;

19. The receipt of reports on any change in status of expert research personnel and industrial technical personnel under Article 40 of the Act;

20. The revocation of assignment and the extension of service of expert research personnel and industrial technical personnel and processing revocation of assignment under Article 41 of the Act;

21. Fact-Finding surveys on social service personnel, etc. under Article 43 (2) and (3) of the Act;

22. The designation of persons subject to a call for military force mobilization under Article 45 (1) of the Act (including cases applicable mutatis mutandis in Article 54 (1) of the Act);

23. A call for military force mobilization under Article 46 of the Act (including cases applicable mutatis mutandis in Article 54 (1) of the Act);

24. Dispositions for military service, re-call, and follow-up physical examinations for invalids under Article 47 (3) of the Act (including cases applicable mutatis mutandis in Articles 54 (1) and 56 (2) of the Act);

25. Calls for military force mobilization training under Article 50 of the Act;

26. Re-calls for invalids and exemption from a call for military force mobilization training under Article 51 (3) of the Act;

27. The postponement and execution of a draft physical examination, follow-up draft physical examination, conscription, and call-up under Article 60 (1) through (3) of the Act;

28. The postponement of the date of a draft physical examination, follow-up draft physical examination, conscription (including recruitment) or call-up under Article 61 of the Act, and change of dispositions for military service for persons whose date of fulfillment of military duty has been postponed;

29. Assignment of persons to wartime labor service or supplementary service under Article 62 (1) of the Act;

30. Discharge from military service under Article 63 of the Act;

30-2. Exemption or discharge from a call-up under Article 63-2 (1) of the Act;

31. The exemption of persons from preliminary military service under Article 64 of the Act and the assignment of persons falling under the subparagraphs of Article 64 (1) of the Act to wartime labor service;

32. Change of assignment to military service under Article 65 of the Act;

32-2. Exemption or discharge from a call-up under Article 65-2 (1) and (2) of the Act or revocation of a disposition under Article 65-2 (3) of the Act;

33. The adjustment of order in a call for military force mobilization and a call for wartime labor to a lower priority under Article 67 of the Act;

34. Requests for cooperation to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") for wartime affairs under Article 83 (3) of the Act.

(3) The Commissioner of the Military Manpower Administration shall delegate the following authority to the heads of diplomatic missions abroad pursuant to Article 78 (3) of the Act:

1. Authority to investigate and manage persons liable for military service who stay or reside within the jurisdiction of diplomatic missions abroad;

2. Authority to accept and direct applications filed for permission for extension of the period of overseas travel and forwarding such applications to regional military manpower offices (including the forwarding thereof by means of electronic documents);

3. Authority to notify the results of dispositions on applications filed for permission for extension of the period of overseas travel to persons liable for military service;

4. Authority to take measures to require persons whose period permitted for overseas travel expires and persons who have violated obligations imposed when the permissions for overseas travel are granted for them, to return to the Republic of Korea;

5. Authority to verify second-generation Korean nationals residing abroad under Article 128 (6);

6. Authority to take measures to get persons liable for military service to return to the Republic of Korea in time of war or emergency, or in the event that an order for military force mobilization is issued.

(4) The head of each diplomatic mission abroad shall designate personnel in charge of military affairs, from among public officials under his or her control in order to handle affairs related to military administration delegated pursuant to paragraph (3), and when he or she designates or replaces the personnel in charge of military affairs, he or she shall notify the Commissioner of the Military Manpower Administration thereof.

[This Article Wholly Amended on Dec. 7, 2009]

Article 158(Reimbursement of Travel Expenses and Provision of Food) #

(1) "Follow-up physical examinations and follow-up examinations prescribed by Presidential Decree" in Article 79 (1) 1 of the Act means the following examinations: <Newly Inserted on Dec. 4, 2013; Nov. 29, 2016; Jun. 30, 2020; Dec. 29, 2020; Jun. 22, 2021>

1. Follow-up physical examinations under Article 14 (1) 4 of the Act;

2. Follow-up physical examinations under Article 14-3 (4) of the Act;

3. Follow-up physical examinations of persons invalided under Article 18-9 as a result of a physical examination for enlistment under Article 14-3 (7) of the Act;

4. Follow-up examinations of persons invalided under Article 47 (3) of the Act (including cases where that paragraph applies mutatis mutandis under Articles 54 (1) and 56 (2) of the Act (limited to matters related to the proviso of Article 55 (1) of the Act));

5. Follow-up physical examinations for persons invalided under the main clause of Article 58 (6) of the Act;

6. Physical examinations related to the change of a military service disposition under Articles 65 (1), (4), and (8) and 65-2 (1) of the Act that are conducted on any of the following persons:

(a) Eligible recipients defined in subparagraph 1 of Article 2 of the National Basic Living Security Act and the second-lowest income bracket defined in subparagraph 10 of that Article;

(b) Persons eligible for support under Article 5 or 5-2 of the Single-Parent Family Support Act;

(2) Travel expenses 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, to be reimbursed to persons liable for military service in accordance with Article 79 (1) of the Act shall be limited to actual expenses within the budget, and the scope, amount, time, and method of and procedures for reimbursement shall be determined by the Commissioner of the Military Manpower Administration or the chief of staff of each service branch (limited to matters relating to travel expenses reimbursed to those who are enlisted in military units after applying for the recruitment of active duty servicemen conducted by the chief of staff of each service branch and to those who are invalided home): Provided, That with regard to travel expenses of persons who apply for screening tests, such as examination of physical strength, interview, written examination and practical examination prescribed in Article 79 (1) 3 of the Act, the frequency of payment of travel expenses may be restricted, which shall be prescribed by the Commissioner of the Military Manpower Administration, in consideration of the scale of expenditure or frequency of screening examinations. <Amended on Dec. 4, 2013; Nov. 4, 2014; Nov. 29, 2016; Sep. 22, 2017; Jul. 2, 2019>

(3) Clothing may be provisioned to persons who have enlisted for a call for military force mobilization training or a military education call and persons who have received education in the barracks while attending schools as student officer cadets, and the Minister of National Defense shall determine the kind of clothing, the scope, standard, procedure, etc. of the provision. <Amended on Dec. 4, 2013; Nov. 29, 2016>

(4) With regard to persons provided for in paragraph (3), food and compensation for actual expenses may be provisioned within the budget, and in cases of the provision of food, the regulations on meal service to soldiers shall apply mutatis mutandis. <Amended on Sep. 19, 2012; Dec. 4, 2013>

(5) No expenses reimbursed to a medical institution to which an examination is entrusted pursuant to Article 79 (1) 2 of the Act, such as examination fee, shall exceed the limit set pursuant to Article 45 (4) of the National Health Insurance Act: Provided, That those not included in such expenses, the payment procedure, etc. shall be prescribed by the Commissioner of the Military Manpower Administration. <Amended on Dec. 4, 2013>

[This Article Wholly Amended on Dec. 7, 2009]

Article 158-2(Government's Support for Installment Savings) #

(1) The amount of financial support provided to a person who has joined the installment savings for future-preparation of military personnel (hereinafter referred to as "installment savings for future-preparation of military personnel") under Article 91-19 of the Act on Restriction of Special Cases concerning Taxation pursuant to Article 79-2 (1) of the Act shall be an amount equivalent to 100 percent of the amount deposited in the installment savings for future-preparation of military personnel from the date of deposit to the day before the maturity date (referring to the end of the service period, where a person who purchases the installment savings for future-preparation of military personnel is discharged before the maturity date of the contract; hereafter in this Article, the same shall apply). <Amended on Dec. 19, 2023>

(2) Where an account holder of the installment savings for future-preparation of military personnel terminates the contract before the maturity date of the contract, the financial support under paragraph (1) shall not be provided.

(3) Where an account holder of the installment savings for future-preparation of military personnel intends to receive financial support under paragraph (1), such holder shall submit a certificate of military service or a certificate of discharge from military service under Article 5 or a transcript of military register under Article 155-7 (in cases of persons who serve as alternative service personnel, a certificate of service issued by the head of an alternative service agency under Article 16 (1) of the Alternative Service Act (hereinafter referred to as "alternative service agency) shall be submitted)), to a financial company, etc. under the Act on Real Name Financial Transactions and Confidentiality that handle the relevant installment savings. <Amended on Dec. 28, 2021; Dec. 19, 2023>

(4) Except as provided in paragraphs (1) through (3), matters necessary for financial support shall be determined through consultations among the Minister of Justice, the Minister of National Defense, the Commissioner of the Military Manpower Administration, the Commissioner General of the Korean National Police Agency, the Commissioner of the National Fire Agency, and the Commissioner of the Korea Coast Guard.

[This Article Newly Inserted on Oct. 14, 2021]

[Previous Article 158-2 moved to Article 158-3 <Oct. 14, 2021>]

Article 160(Disclosure of Personal Information of Persons Who Evade Obligatory Military Service) #

(1) "Where grounds prescribed by Presidential Decree exist, such as disease or imprisonment" in the proviso, with the exception of the subparagraphs, of Article 81-2 (1) of the Act means any of the following cases:

1. Where there exist inevitable grounds recognized by the Deliberative Committee on Disclosure of Evasion of Mandatory Military Service prescribed in Article 81-2 (2) of the Act (hereinafter referred to as the Committee" in this Article and Article 161) to make it impracticable to perform the duty of military service due to grounds, such as disease, imprisonment;

2. Where the Committee recognizes that it is no useful to disclose persons falling under any of the subparagraphs of Article 81-2 (1) of the Act (hereinafter referred to as "persons who evade obligatory military service) or deems it improper to disclose them.

(2) Where the director of the competent regional military manpower office (including the head of the regional military manpower branch office; hereafter in this Article and Article 161, the same shall apply) notifies persons subject to provisional disclosure pursuant to Article 81-2 (3) of the Act of the fact their personal information, etc. is to be disclosed pursuant to Article 81-2 (1), he shall urge them to perform the duty of military service or he shall request them to submit materials for explanation where there exist unavoidable circumstances which make it impracticable form them to perform the duty of military service.

(3) Personal information of persons evading obligatory military service to be disclosed pursuant to Article 81-2 (1) of the Act and matters concerning non-performance of obligatory military service (hereafter in this Article referred to as "personal information, etc.") shall be as follows:

1. Name, age, or address of persons evading obligatory military service;

2. Date and gist of evading obligatory military service;

3. Violations of laws.

(4) Disclosure prescribed in Article 81-2 (1) of the Act shall be made via the website of the Military Manpower Administration or the competent regional military office (including regional military manpower branch offices; hereafter in this Article and Article 161, the same shall apply).

(5) Where it is no useful to disclose the personal information, etc. including where persons evading mandatory military services listed in the website of the Military Manpower Administration perform the duty of military service pursuant to Article 81-2 (1) of the Act, he shall delete the personal information, etc. prescribed in the subparagraphs of paragraph (3), and where the personal information, etc. is listed in the website of the competent regional military manpower office, he shall order the director of the competent regional military manpower office to delete personal information, etc. prescribed in the subparagraphs of paragraph (3).

(6) Detailed matters necessary for standards and procedures for deleting personal information, etc. prescribed in paragraph (5) shall be prescribed by the Commissioner of the Military Manpower Administration.

[This Article Newly Inserted on Jun. 30, 2015]

Article 163(Families Eligible for Selection of Prestigious Military Service Families) #

(1) "Family whose three generations (male lineal descendants in the first through third generations) have all faithfully completed active military service, etc." in the main clause of Article 82-3 (1) of the Act means any family whose three generations (male lineal descendants in the first through third generations) all fall under any of the following categories:

1. A person who has completed the mandatory service of active duty after being enlisted as an officer, warrant officer, noncommissioned officer, or man through conscription or volunteering;

2. A person who was killed in action or died on duty while in active duty service or has been discharged from military service without completing his mandatory service due to any war wound or wound in the course of performing his duty;

3. A person who participated in the Korean War;

4. A patriotic martyr specified in subparagraph 1 of Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence or a patriot specified in subparagraph 2 of the same Article

5. Other persons determined and publicly notified by the commissioner of the Commissioner of the Military Manpower Administration as having faithfully completed their active duty service, etc.

(2) "Person who falls under matters prescribed by Presidential Decree, such as refusal of a draft physical examination" in Article 82-3 (2) of the Act means any of the following persons:

1. A person who has been found guilty of committing a crime prescribed in Article 86, 87, 87-2, or 88 of the Act;

2. A person discharged from military service as falling under Article 37 (1) 2 or 4 of the Military Personnel Management Act;

3. A person who has been found guilty of committing a crime prescribed in Article 30 (1) or (2) of the Military Criminal Act;

4. A person who does not fall under subparagraphs 1 through 3 and is sentenced to imprisonment without labor or heavier punishment or to a suspension of the execution of imprisonment without labor or heavier punishment for committing a crime while in military service;

5. Other persons determined and publicly notified by the Commissioner of the Military Manpower Administration as deemed not to have faithfully completed their active duty service, etc.

[This Article Newly Inserted on Apr. 23, 2024]

Article 165(Complaints against Evaders of Military Service) #

(1) The director of each regional military manpower office shall, when any person liable for military service within his or her jurisdiction is found to have evaded a draft physical examination, a follow-up draft physical examination, an enlistment examination, a physical examination for verification, conscription, or call-up (including checkups) or is found to have traveled abroad without obtaining permission for overseas travel, without good cause, file an accusation against such person with the chief of the competent investigative agency without delay: Provided, That where any person who has received notice that he was selected for active duty service voluntarily is found to have evaded enlistment, if the selection was conducted by the chief of staff of each service branch, the relevant chief of staff, and if the selection was conducted by the Commissioner of the Military Manpower Administration, the director of the regional military manpower office shall file an accusation against such person. <Amended on Dec. 4, 2013; Nov. 29, 2016; Jun. 22, 2021; Apr. 23, 2024>

(2) When social service personnel, art and sports personnel, public health doctors, doctors exclusively in charge of the draft physical examination, public-service judge advocates or public quarantine veterinarians have deserted from their posts or have not served in the pertinent fields for at least eight days without justifiable grounds, the heads of the service institutions of social service personnel (referring to the Minister of Culture, Sports and Tourism in cases of art and sports personnel, the Minister of Health and Welfare in cases of public health doctors, the Commissioner of the Military Manpower Administration in cases of doctors exclusively in charge of the draft physical examination, the Minister of Justice in cases of public-service judge advocates, and the Minister of Agriculture, Food and Rural Affairs in cases of public quarantine veterinarians) shall file an accusation against them with the chief of the competent investigative agency without delay: Provided, That the Commissioner of the Military Manpower Administration shall file an accusation against them where the heads of the service institutions fail to do so. <Amended on Mar. 15, 2010; Jul. 21, 2010; Mar. 23, 2013; Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016>

(3) When social service personnel or art and sports personnel fall under any of the subparagraphs of Article 33 (2), or the subparagraphs of Article 33-10 (2) of the Act, the head of a service institution shall issue a written warning indicating the time and date, place, grounds, etc., and, in cases falling under any of the subparagraphs of Article 89-3 of the Act, he or she shall file an accusation against such personnel with the chief of the competent investigative agency without delay: Provided, That the Commissioner of the Military Manpower Administration shall issue a written warning or file an accusation against the personnel where the head of the service institution fails to do so. <Amended on Nov. 23, 2011; Dec. 4, 2013; Jun. 14, 2016>

(4) Where alternative service personnel desert from their post or fail to serve in the relevant field for at least eight days without good cause, the head of the competent alternative service agency shall file an accusation against such personnel with the chief of the competent investigative agency without delay: Provided, That the Commissioner of the Military Manpower Administration shall file an accusation against the personnel where the head of the competent alternative service agency fails to do so. <Newly Inserted on Jun. 30, 2020; Oct. 14, 2021>

(5) Where alternative service personnel fall under any of the subparagraphs of Article 24 (2) of the Alternative Service Act, the head of the competent alternative service agency shall issue a written warning stating the date and time, place, grounds, etc., and in cases falling under any of the subparagraphs of Article 89-3 of the Act, he or she shall file an accusation against such personnel with the chief of the competent investigative agency without delay: Provided, That the Commissioner of the Military Manpower Administration shall issue a written warning or file an accusation against the personnel where the head of the competent alternative service agency fails to do so. <Newly Inserted on Jun. 30, 2020; Oct. 14, 2021>

(6) The chief of an investigative agency in receipt of an accusation under paragraphs (1) through (5) shall, without delay, report the results of dealing with the accusation to the head of an institution who has filed the accusation. <Amended on Jun. 30, 2020>

(7) The head of an institution who has filed an accusation under paragraphs (1) through (5) shall, without delay, report or notify the results of dealing with the accusation filed under paragraphs (1) through (6) to the director of a regional military manpower office. <Amended on Jun. 30, 2020>

(8) The director of a regional military manpower office shall, upon issuing a written warning or filing an accusation pursuant to paragraphs (2) through (5), notify the head of the relevant service institution thereof without delay. <Amended on Jun. 30, 2020>

[This Article Wholly Amended on Dec. 7, 2009]

Article 169(Exceptions in Wartime) #

(1) When the Minister of National Defense or the Commissioner of the Military Manpower Administration wishes to take exceptional measures in wartime in accordance with Article 83 (1) or (2) of the Act, he or she shall announce them publicly via newspapers, television, or radio.

(2) In cases of substituting the service of a written notice on imposition of mandatory military service with public announcement in accordance with Article 83 (2) 1 of the Act, either one of the following methods shall be implemented, and the names and addresses shall be included in the contents of the public announcement so that persons liable for military service are informed of their liability:

1. Public announcement via at least two daily newspapers on at least two occasions;

2. Public announcement via governmental or public television or radio broadcast and at least one private television or radio broadcast on at least two occasions.

(3) In time of war or emergency, or in the event that an order for military force mobilization is issued, the Minister of National Defense may convert those subject to a call for military force mobilization training, from among persons who are being called up for military force mobilization training or persons who have been mobilized in military units in accordance with other Acts, into those subject to a call for military force mobilization under Article 46 of the Act. In such cases, the heads of the pertinent military units shall promptly notify the directors of regional military manpower offices or the heads of military manpower branch offices of a list thereof.

(4) The Minister of National Defense shall, where he or she intends to suspend or cancel seconded service as obligatory firefighting unit personnel or members of auxiliary police companies under Article 25 of the Act, consult with the Commissioner General of the Korean National Police Agency, the Commissioner of the National Fire Agency, or the Commissioner of the Korea Coast Guard, respectively. <Amended on Nov. 19, 2014; Nov. 29, 2016; Nov. 29, 2016; Jul. 26, 2017>

(5) The suspension of a call-up or assignment to social service, art and sports personnel service, expert research personnel service and industrial technical personnel service and the conversion of wartime resources under 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 mandatory service. <Amended on Dec. 4, 2013; Jun. 14, 2016; Nov. 29, 2016>

(6) When persons liable for military service wish to report the change of residence in accordance with Article 83 (2) 7 of the Act, they shall present certificates related to their military service, such as a military service certificate and a certificate of discharge from military service.

(7) In time of war or emergency, or in the event that an order for military force mobilization is issued, the Commissioner of the Military Manpower Administration may reduce the period for service or delivery of a notice of enlistment examination, draft physical examination, follow-up draft physical examination, or physical examination for verification as to enlistment in active duty service under Article 14-3 (1) of the Act or Article 9 (1), 21 (1), or 155-2 (3) of this Decree. <Amended on Dec. 4, 2013; Nov. 29, 2016; Jun. 22, 2021>

[This Article Wholly Amended on Dec. 7, 2009]

Article 169-2(Organization of Committees for Prevention of Military Service Offenders) #

(1) The Central Committee for the Prevention of Military Service Offenders provided for in Article 83-2 (1) of the Act shall consist of one chairperson, two vice chairpersons, and 10 members, and the Commissioner of the Military Manpower Administration shall be the chairperson, the Deputy Commissioner of the Military Manpower Administration and the Director General of the Criminal Department of the Supreme Public Prosecutors' Office shall be the vice chairperson, respectively, and the members shall be each designated by the heads of the relevant agencies from among public officials of Grade III in rank or public officials in general service in the Senior Civil Service (including public officials in specific and special service equivalent thereto) who belong to the National Assembly Secretariat, the National Court Administration, the Ministry of Foreign Affairs, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, the Ministry of Employment and Labor, the Korean National Policy Agency, the National Tax Service, and the Military Manpower Administration in addition to one member who is recognized by the chairperson as necessary to prevent and crack down on military service offenders and is commissioned by the chairperson. <Amended on Mar. 15, 2010; Jul. 12, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(2) A local committee for the prevention of military service offenders provided for in Article 83-2 (1) of the Act shall consist of one chairperson, two vice chairpersons and six members, and the Mayor/Do Governor shall be the chairperson while the director of the regional military manpower office and the deputy prosecutor general of the district pubic prosecutors' office (the second deputy prosecutor general in cases of the Seoul Central District Public Prosecutors' Office, the Busan District Public Prosecutors' Office, the Daegu District Public Prosecutors' Office, the Incheon District Public Prosecutors' Office and the Suwon District Public Prosecutors' Office) having jurisdiction over the relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") shall each be the vice chairperson, and each of the following persons shall be the members: <Amended on Dec. 31, 2020>

1. Public officials of Grade II or III in rank (public officials of Grade III or IV in rank in the case of the Jeju committee for the prevention of military service offenders) who are designated by the chief judge of the district court (the chief judge of the Seoul family court in the case of the Seoul committee for the prevention of military service offenders);

2. Public officials with the position of bureau director general who are designated by the Mayor/Do Governor;

3. The director general of a district police agency in charge of investigation (the Second Deputy Commissioner General of the Seoul Metropolitan Police Agency in cases of the Local Committee for the Prevention of Military Service Offenders of the Seoul Metropolitan Government);

4. One person commissioned by the chairperson from among prosecutors working for the competent district public prosecutors' office;

5. Two persons commissioned by the chairperson after the latter recognizes them as necessary to prevent and crack down on military service offenders.

[This Article Wholly Amended on Dec. 7, 2009]

ENFORCEMENT DECREE OF THE MILITARY SERVICE ACT

Article 1(Purpose) #

Article 2(Administration of Military Register) #

Article 3(Report on Military Service and Procedures for Making Applications for Military Service) #

Article 3-2(Notice of Obligation for Military Service) #

Article 3-3(Time Limit for Servicing Notice of Obligation for Military Service) #

Article 3-4(Service by Electronic Means) #

Article 4(Selection of Recipient of Notice of Obligation for Military Service) #

Article 4-2(Consent to Service by Electronic Means) #

Article 4-3(Notification of Assignment to Preliminary Military Service) #

Article 4-4(Notification of Assignment to Reserve Service) #

Article 5(Certificate of Military Service or Certificate of Discharge from Military Service) #

Article 6 #

Article 7(Survey of Those Enlisted for Preliminary Military Service) #

Article 8(Survey of Persons Subject to Draft Physical Examination) #

Article 9(Service of Notices of Draft Physical Examination) #

Article 10(Notification of Required Number of Military Personnel) #

Article 11(Establishment of Draft Physical Examination Centers) #

Article 12(Personnel Engaged in Draft Physical Examination) #

Article 13(Conducting Draft Physical Examinations) #

Article 13-2(Dispatch of Military Surgeons) #

Article 14(Psychological Test and Classification of Aptitude) #

Article 14-2(Examinations Entrusted to Medical Institutions) #

Article 15(Designation of Arms of Service) #

Article 16(Change of Category of Aptitude) #

Article 17(Dispositions for Military Service) #

Article 18(Conclusion of Tasks regarding Draft Physical Examinations) #

Article 18-2(Persons Exempted from Follow-up Draft Physical Examinations) #

Article 18-3(Conducting Enlistment Examinations) #

Article 18-4(Service of Notice of Enlistment Examination) #

Article 18-5(Dispositions for Military Service Following Enlistment Examinations) #

Article 18-6(Postponement of Enlistment Examinations) #

Article 18-7(Persons Exempted from Enlistment Examinations) #

Article 18-8(Conducting Physical Examinations for Enlistment) #

Article 18-9(Treating Persons Invalided after Physical Examinations for Enlistment) #

Article 19(Planning for Enlistment for Active Duty Service) #

Article 20(Persons Subject to Separate Enlistment in Active Duty Service) #

Article 21(Service of Notice of Enlistment in Active Duty Service) #

Article 22(Establishment and Operation of Active Duty Service Enlistment Offices) #

Article 23(Physical Examinations at Assembly Places) #

Article 24(Report of Postponed Enlistment) #

Article 25 #

Article 26 #

Article 27(Period of Active Duty Service) #

Article 28(Drafting and Delivery of Plan for Recruiting Active Duty Servicemen) #

Article 29(Volunteering for Active Duty Service and Selection Therefor) #

Article 29-2(Invaliding Active Duty Candidates after Enlistment) #

Article 29-3(Criteria for Designation of Specialist Training Institutions for Noncommissioned Officers in Fixed Term Positions) #

Article 30(Treatment of Persons Expelled from Military Academy) #

Article 31(Enlistment Plan for Those to Be Called to Full-Time Reserve Service) #

Article 32(Notice of Selection of Persons to Be Called to Full-Time Reserve Service) #

Article 33(Determination of Enlistment Order of Persons to Be Called to Full-Time Reserve Service) #

Article 34(Enlistment of Persons to Be Called to Full-Time Reserve Service) #

Article 35(Treatment of Enlistment Affairs for Full-Time Reserve Service) #

Article 36(Physical Examinations of Persons to Be Called to Full-Time Reserve Service at Assembly Places, and Period of Service in cases of Reenlistment) #

Article 37(Period of Active Duty Service of Persons to Be Called to Full-Time Reserve Service) #

Article 38(Dispatch of Full-Time Reserve Personnel) #

Article 39(Commanding and Supervision on Dispatched Full-Time Reserve Personnel) #

Article 40(Discharge of Full-Time Reserve Personnel from Call-Up) #

Article 40-2(Notification of Number of Persons Necessary for Onboard Ship Reserve Service and Allotment Thereof) #

Article 40-3(Standards and Procedures for Assignment to Onboard Ship Reserve Service) #

Article 40-4(Service of Onboard Ship Reserve Personnel) #

Article 40-5(Management of Onboard Ship Reserve Personnel) #

Article 40-6(Notification of Changes in Status) #

Article 40-7(Handling Persons Whose Assignment to Onboard Ship Reserve Service Has Been Revoked) #

Article 40-8(Expiration of Service Period) #

Article 40-9(Fact-Finding Surveys on Onboard Ship Reserve Service) #

Article 40-10(Preparation of Written Oaths by Heads of Shipping Enterprises) #

Article 41(Consultations on Number of Persons Recommended for Secondment) #

Article 42 #

Article 43(Secondment by Recommendation) #

Article 44(Administration of Military Register of Secondment Personnel) #

Article 45(Revocation of Secondment for Persons Subject to Change of Assignment to Military Service) #

Article 46(Discharge from Military Service of Persons Whose Secondment Period Expires) #

Article 47(Scope of Public Organizations) #

Article 47-2 #

Article 47-3(Classification of Fields of Service for Social Service Personnel) #

Article 48(Requests for Allocation of Social Service Personnel) #

Article 49(Allocation of Social Service Personnel) #

Article 50(Plans for Calling up Social Service Personnel) #