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CHAPTER 1 General Principles
Article 1
This Act is enacted pursuant to Article 14 of the Military Service Act.
Article 2
The military services of the Armed Forces Officers shall be governed by this Act; matters not provided in this Act shall be governed by other applicable laws.
Article 3
The terms of this Act are defined as follows:
Subparagraph 1 Officer: means a Standing Officer or a Reserved Officer.
Subparagraph 2 Non-commissioned Officer: means a Standing Non-commissioned Officers or a Reserved Non-commissioned Officer.
Subparagraph 3 New Pension System: means the pension system for military personnel implemented since 1 January, 1997.
Subparagraph 4 Retirement Severance Pay: means the payables for retirement severance of the Officers and Non-commissioned Officers including the following:
Item 1 Retirement pay.
Item 2 Pension.
Item 3 Alimony.
Item 4 Other cash compensation of the Retirement Severance Pay.
Item 5 Pension Fund contributions made by the government using a budget allocation and interest.
Item 6 Living subsidies.
Item 7 Medal award bonus.
Item 8 People with disabilities honor bonus.
Item 9 Preferential savings interest (hereinafter referred to as preferential interest)
Subparagraph 5 Survivor Annuity: means half amount of the pension or alimony the surviving family can receive in accordance with this Act that originally the Officer or Non-commissioned Officer was granted.
Subparagraph 6 Lump Sum Relief Payment: means the total amount of the following payments the retired people are paid at the month of their effective retirement.
Item 1 Basic pay.
Item 2 Profession allowance.
Item 3 Supervisory differential pay.
Subparagraph 7 Payment Authority: to the Veterans having seniority of service before the implementation of the New Pension System, the Payment Authority of the Retirement Severance Pay means Veterans Affairs Commission (hereinafter referred to as VA Commission); to those having seniority of service after the implementation of the New Pension System, the Payment Authority means the VA Commission and Management Board of the Public Service Pension Fund.
Article 4
The military services of the Standing Officers and Standing Non-commissioned Officers start from the day of the appointment of their ranks; while the Reserved Officers and the Reserved Non-commissioned Officers start from the day of their ranks appointment or their certificate of confirmation of honoring as Reserved Officers and Reserved Non-commissioned Officers; their undergoing of services are classified as follows:
Subparagraph 1 Active Service: referring to those serving as Officers and Non-commission Officers in the military camp, until their suspension, retirement, lifting of mobilization, restricted from service or discharged.
Subparagraph 2 Reserve Service: divided into First Reserve Service, Second Reserve Service and Third Reserve Service; and are served by those suspended, retired, mobilization lifted Officers and Non-commissioned Officers on Active Service, or those personnel that have obtained a certificate of honoring as Reserved Officers, Reserved Non-commissioned Officers, and are not serving in the military camp, until their suspension, restricted from service, loss their citizenships or discharged.
The personnel stipulated in the preceding Paragraph who have been sentenced to imprisonment for a crime and were suspended after receiving the announcement of striped off of their civil rights, except being restricted from services, may transfer to undergo Active Service of Standing Soldier or Reserve Service before the approval of their restoration.
Article 5
The discharge age of Officers and Non-commissioned Officers are as follows:
Subparagraph 1 Corporal/Sergeant/Staff Sergeant - 50 years old.
Subparagraph 2 Sergeant First Class/First Sergeant/Sergeant Major - 58 years old.
Subparagraph 3 Company Officer: Second Lieutenant/First Lieutenant/Captain - 50 years old.
Subparagraph 4 Field Officer:Major/Lieutenant Colonel/Colonel - 58 years old.
Subparagraph 5 Major General - 60 years old.
Subparagraph 6 Lieutenant General - 65 years old.
Subparagraph 7 General, Second-Class - 70 years old.
The discharge age of a General, First-Class is not restricted by the preceding seven Subparagraphs.
Article 6
Maximum years and age of service for Officers or Non-commissioned Officers on Active Duty are as follows:
1. Non-commissioned Officer - Same as the discharge age.
2. Second Lieutenant and First Lieutenant (Navy: Ensign and Lieutenant Junior Grade) - 12 years.
3. Captain (Navy: Lieutenant)- 17 years.
4. Major (Navy: Lieutenant Commander)- 22 years.
5. Lieutenant Colonel (Navy: Commander)- 26 years.
6. Colonel (Navy: Captain)- 30 years.
7. Major General (Navy: Rear Admiral)- 57 years old.
8. Lieutenant General (Navy: Vice Admiral)- 60 years old.
9. General, Second-Class (Navy: Admiral, Second-Class)- 64 years old.
The maximum years of service for Officers on Active Duty is calculated from the day of active commissioned service. The maximum age for Officers on Active Service is calculated from their date of birth until the first day of the following month after they have reached maximum age limit. However, the periods of leave without pay shall not be included in the maximum years of service.
The maximum age of a General, First-Class on Active Service is not subject to the restriction set out in Subparagraph 9 of Paragraph 1.
The maximum age of a Chief of the General Staff may be extended with approval of the President, which however shall be limited to one year but is not subject to the maximum age limit for Officers on Active Service set out in Subparagraph 9 of Paragraph 1.
Article 7
Standing Officer Service refers to a civilian of the right age or on Active Duty or Reserved Non-commission Officer, Enlisted Soldier, who had voluntarily passed the entrance exams for a Military Academy/College or its equivalent level of schools in the country or abroad, and had completed and passed a Standing Officer education.
Article 8
Standing Non-commissioned Officer Service refers to a civilian of the right age or on Active Duty or Reserved Enlisted Soldier, who had voluntarily passed the entrance exams for a Military Academy/College or its equivalent level of schools in the country or abroad, and had completed and passed a Standing Non-commissioned Officer education.
Enlisted Soldiers with outstanding performance records and passed the selection may serve as Standing Non-commissioned Officers.
Article 9
Reserved Officer Service refers to the following personnel who had voluntarily attended the exams and had completed and passed the Reserved Officer education:
Subparagraph 1 Graduating from a vocational or higher level school or possessing a same level of standard.
Subparagraph 2 Having served as an Active Standing Non-commission Officer for more than two years.
Subparagraph 3 Having completed a Reserved Non-commissioned Officer education with outstanding grades.
Subparagraph 4 A special technical personnel with a skill needed in the military.
Subparagraph 5 Graduating from a senior high school or its equivalent level of schools, or an outstanding Non-commissioned Officer, Enlisted Soldier on active duty who had passed the entrance exams to a Military Academy/College or military training class.
The personnel mentioned in Subparagraphs 1 to 4 of the preceding Paragraph, if needed by national defense or military, can be recruited or mobilized in accordance with the law, to be educated as Reserved Officers, and to serve as Reserve Officers; Personnel mentioned in Subparagraph 5 shall undergo a certain period of Active Service.
Those current outstanding Non-commissioned Officers that had been appointed as Officers in battlefield can serve as current Reserved Officers.
Article 10
Reserved Non-commissioned Officer Service refers to the following personnel who had voluntarily attended exams and had completed and passed the Reserve Non-commissioned education:
Subparagraph 1 Graduating from a senior high or higher level school or possess a same level of standard.
Subparagraph 2 Having served as an Active Standing Soldier with excellent grades.
Subparagraph 3 Having served as an Active Replacement Soldier with outstanding grades.
Subparagraph 4 A special technical personnel with a skill needed in the military.
Subparagraph 5 Graduating from junior high school or its equivalent level of schools, or an outstanding Enlisted Soldier on active duty who had passed the entrance exams to a Military Academy/College or a Non-commissioned Officer training class.
The personnel stipulated in the preceding Subparagraphs 1 to 4, if needed by national defense or military, can be recruited or mobilized in accordance with the law, to be educated as Reserved Non-commissioned Officers, and to serve as Reserve Non-commissioned Officers; Personnel stipulated in Subparagraph 5 shall undergo a certain period of Active Service.
Those current outstanding Enlisted Soldiers that had been appointed as Non-commissioned Officers can serve as Active Reserved Officers.