Chapter 3 Procedure of Punishment and Remedy
Article 28
The punishment to the Generals shall be approved by the President.
Article 29
The responsibilities and procedures of the punishment to the Lieutenant Generals shall be enacted by the Enforcement Regulations of this Act.
Article 30
Paragraph 1
Upon knowing any Active Service Men committed any wrongful act, the authorized superior shall start investigation immediately.
Paragraph 2
In conducting the investigation, equal attention shall be paid to the circumstances both favorable and unfavorable to the offender.
Paragraph 3
One wrongful act shall continue being punished even under the criminal investigation or trial. But if the punishment, however, depends on guilty verdict of certain crime, it may be suspended with the permission of the one level upper superior.
Paragraph 4
When the result of investigation turns out that it is necessary to be punished by way of dismissal, rank reduction, demotion, major demerit, salary deduction or repentance, a positive resolution by an appraisal meeting, convened by the agencies, troops and academies with commanding officer with a rank not lower than a Colonel. A resolution of ''Unpunishable'' shall be made if there is no enough evidence or no item of Article 15, and a resolution of ''Exempt from Punishment'' shall be made if the prescription of punishment provided in Article 16 is expired.
Paragraph 5
When the appraisal meeting is convening, it shall give chance to offender to state and defend, the meeting consideration shall be approved by the authorized superior. If the authorized superior does not agree with the meeting consideration, it shall be return back for reconsidering. If the authorized superior still disagree the determination of reconsideration, shall alter the determination after filling the reasons.
Paragraph 6
The appraisal meeting of the preceding two paragraphs shall consist of five to eleven members with proper ranks and expertise, who are assigned by the authorized superior, and one of members shall be assigned as chairman.
Paragraph 7
The regulation of appraisal meeting composition and the congregation for the Active Service Men who serves in the government agency which is not organize in the Ministry of National Defense shall be enacted by the government agency according to its characteristic, and not be bound by the preceding paragraph.
Paragraph 8
The punishment disposition shall be approved and announced by the authorized superior and be served. The reason and the legal basis of the disposition for the punishment disposition shall be written down, and also the means of remedy available in case of dissatisfaction with the punishment disposition, the time period within which remedy may be sought and the authority with which application for remedy must be filed.
Article 31
Paragraph 1
The experts of the appraisal meeting of the proceeding Article 6 shall include more than one expert who majored in law and was graduated from an independent college or a domestic or foreign university recognized by the Ministry of Education; if there is no appropriate personnel, it shall request for personnel support from to the superior agencies, troops or academies.
Paragraph 2
The proportion of each gender shall be not less than one third of the members of appraisal meeting, unless otherwise the number of any gender of the proper level and experts of the authorized agencies, troops and academies is less than one third of the total numbers.
Article 32
Paragraph 1
When the punished person disagrees with the disposition of punishment, he/she can appeal to the superior organizations. When the punished person disagrees with the disposition of dismissal, rank reduction, demotion, salary deduction and repentance, he/she is entitled to file an administrative appeal, administrative litigation in accordance with the laws.
Paragraph 2
If the punished person or others consider that her/his personal freedom is deprived during the execution, she/he is entitled to file an oral or written dissent for appeal with reasons to the court or the execution unit. The court shall inform the execution unit immediately when the court accepts the dissent; the execution unit shall send the dissent to the authority superior immediately for examination, if the dissent is considered justifiable or it is not necessary to perform repentance, the disposition of repentance action shall be revoked or repealed and make another legitimate disposition; if the dissent is considered unjustifiable, the punished person with the archives of the case shall be transferred to the court where the execution unit located, and the court shall apply mutatis mutandis for Habeas Corpus Act.
Paragraph 3
The disposition of repentance which made by agencies, troops and academies shall inform the punished person and her/his relative and friends who are assigned by the punished person about the reason of the disposition, the time and location of the training and the remedy of filing a dissent before the punished person going to train; the punished person and the assigned relative or friend is able to request for being informed.
Paragraph 4
It cannot spend more than twenty-four hours during the time of the executed unit accepting the dissent to the repentance disposition which is revoked or repealed or transferred to the court.
Paragraph 5
Any authorized superior cannot discriminate nor treat unfairly to the punished prescription and the appellant provided in Paragraph 1 and 2.
Paragraph 6
The archives of this Act shall be served according to the applicable provisions set forth in Administrative Procedure Act.