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
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
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.