Chapter 3 Restriction of Service
Article 9
If a draftee is found to be prohibited from military service pursuant to Clause 1, Paragraph 1, Article 5 of Conscription Act, the judiciary shall notify the government unit within the draftee’s registered residency within 45 days for proper handling.
The city/county government shall act lawfully based on the notice from the judiciary/military court and properly handle draftees prohibited from military service pursuant to Clause 2, Paragraph 1, Article 5 of Conscription Act In either of the cases as mentioned in the preceding paragraphs, an application shall be submitted by the draftee or the head of his household to the township/city office by bringing the verdict, command instructions for execution or certificate of release to the city/county government for legal handling. If no such application is made, the draftee’s township/city office may refer, by attaching the certificate of criminal records, to the city/county government for legal handling.
Article 10
If the restriction of military service is approved pursuant to Clause 1 of Paragraph 1 of Article 5 of Conscription Law, and the first judgment is changed to a sentence of imprisonment for a term not longer than five (5) years or the announcement of not guilty after the revision trial or extraordinary appeal, the judicial (military) court shall within forty-five (45) days after the judgment becomes final notify the local government to process as follows:
1. If the draftee has not yet performed his conscription duty, the restriction of military service upon the draftee shall be waived and a later draft shall be served to the draftee.
2. If the draftee is a reservist draftee of substitute services, the restriction of military service shall be waived.
3. If the draftee is a reservist or a replacement, MOD shall be notified to cause its originator unit to life the restriction of military service.
Article 9 shall govern in the event that the draftee as referred in the preceding paragraph is qualified with those conditions of restriction of military service defined in Clause 2 of Paragraph 1 of Article 5.