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2018-10-03
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) Every family member of the draftee is aged above 65 or below 

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

            disease, or aged above 15, below 18 and certified by an educational

            authority-registered school to be attending it.

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

            physical disabilities or above, and there are no other family members

            except the draftee and another family member capable of being a 

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

            members all are 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.

            (3) 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.

            (4) 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 if only himself or his siblings

            above the age of 18 is/are ratified as low-income or medium low-income.

            (5) The draftee's parents or siblings 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 other

            siblings; or, regardless whether the draftee has any other sibling or

            not, the said parents or siblings died or suffered first-degree physical

            disabilities during their term of military service, with the fact of

            indemnity established.

            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 and

            the scope of dependants 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 mean those verified according

            to the Indemnities Act for Military Personnel, the Enforcement Statute

            for Substitute Services, the Enforcement Regulations Governing

            Indemnities for Draftees-to-Be in Substitute Services, the Inspection

            Standard for Military Personnel's Level of Disability or the 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 by reference as with moderate disability. Draftee's

            family member who is afflicted with cancer above phase III (or terminal)

            and whose condition is ratified as severe illness may be identified by

            reference as with severe disability or above.           

           

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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