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2015-09-30
Regulations for Earlier Discharge by Substitutive Services Draftees

Article 1   The regulations are enacted in accordance with paragraph 2,

            article 12 of Alternative Military Service Act(hereaftercalled

            the Act in short).

Article 2   Draftees being the main breadwinner as stated in Subparagraph 2,

            Paragraph 1, Article 12 of these Regulations refer to those in

            any of the following conditions:

            (1) All family members of the draftee are aged above 60 or below

            18, or mentally or physically disabled or with major injury or

            disease, and have no income from work. Moreover, except the self-use

            residence (including foundation) occupied by the draftee and his

            dependants, the total amount of other movable and real properties

            does not sum up to the minimum taxing threshold of current value

            for house tax.

            (2) All family members of the draftee are aged above 65 or below 15,

            mentally or physically disabled, with major injury or disease, or

            are aged between 15 and 18 studying in a school as certified by the

            school registered with the Ministry of Education.

            (3) A family member of the draftee suffers from medium mental or

            physical disabilities or above, and there is no other family member

            except the draftee and another family member capable of being a

            caretaker to take care of the disabled member, or other family

            members are all in the condition described in the preceding

            paragraph. When there are more than one family member with medium

            mental or physical disabilities or above, for each additional

            disabled member, one extra family member capable of being a

            caretaker can be added. When the draftee’s parents, child, or

            spouse suffer from severe mentally/physically disability, the

            caretaking ability of other family members can be excluded.

            (4) The draftee has two or more children under the age of 12, or

            has one child under the age of 12 and the spouse is pregnant for

            more than six months.

            (5) The draftee's family is listed as a low-income or the

            middle-to-low income household according to the Public Assistance

            Act, but it does not apply to a draftee that only himself alone is

            ratified as low-income or medium low-income.

            (6) The draftee's parents or sibling died or suffered third-degree

            physical disabilities or above during their term of military service,

            with the fact of indemnity established, and the draftee has no

            brother.

            With the conditions described in the preceding paragraphs or other

            special conditions ratified by the competent authority, the draftee

            may apply for early discharge.

            For the calculation of the age of the draftee's family members,

            the scope of dependants and calculation of the property and income

            as described in Paragraph 1 above, the Regulations for Regular

            Serviceman Taking Supplementary Service Due to Family Reasons and

            Physical Condition Qualified for Substitute Services shall apply.

            Mental or physical disabilities or major injury or disease as

            described in Paragraph 1 denotes a condition that meets the grading

            of mental or physical disabilities as promulgated by the Department

            of Health, or a disease falling within the National Health

            Insurance's scope of major injuries or illnesses, and is verified

            with supporting documents. Death or third-degree physical

            disabilities or above as described above shall be verified according

            to the Indemnity Act for Military Personnel, Enforcement Statute for

            Substitute Services, Enforcement Regulations Governing Indemnity

            for Draftees-to-Be in Substitute Services, Inspection Standard for

            Military Personnel's Level of Disability or Inspection and

            Categorization Standard for Disability Level of Draftees-to-Be in

            Substitute Services.

            Draftee ’ s family member who is diagnosed by physician to be

            afflicted with cancer phase II and whose condition is ratified as

            severe illness, may be identified as moderate disability accordingly.

            Draftee ’ s family member who is afflicted with cancer above

            phase III (or terminal cancer) and whose condition is ratified as severe

            illness, may be identified as severe disability or above, accordingly.

Article 3   In the conditions of earlier discharge as regulated, while if

            another bother also in substitute service or regular service,it is

            the one who shall discharge earlier that apply.

 

Article 4   According to the regulations, the procedures of application for

            earlier discharge are as the following:

            (1) Apply to Village (Township, City, District) Office in the place

            of resident with discharge ratification table for servicemanfilled

            by the serviceman or his competent dependants, related data and

            identification documents attached. 

            (2) After accept the application, Township (City, district) Office

            shall takes the preliminary reviewer in twenty days inaccordance

            with article 8 of the regulations for regular serviceman or

            substitute serviceman coming into supplementary service due to

            family factors and submit identification documents and related

            data in preliminary reviewer to municipality and county (city)

            government to re-examine, also notify the service unit.

            (3) After receiving the case in the previous subparagraph,

            municipality and county (city) government shall finish the

            re-examination in seven days and put forward specific review

            comments, submit identification documents and related data in

            re-examination to competent authority to ratify.

            (4) After receive the case in the previous subparagraph, competent

            authority shall ratify in seven days and inform the responsible

            agency in writing, service unit and municipality and county (city)

            government; to the unqualified, shall present reasons.

            In basic training period, to the serviceman ratified to discharge

            earlier, the procedures are to be handled by competent authority.

 

Article 5   The competent authority shall make discharge certificate for the

            serviceman who is ratified to discharge earlier. On thevalid day

            of discharge, the certificate is issued by responsible agency.

 

Article 6   In the regulations, all files and tables format shall be decided

            by competent authority.

 

Article 7   The regulations shall be in force on the day of promulgation.


 
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