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法規名稱(Title) Regulations for Earlier Discharge by Substitutive Services Draftees Ch
公發布日(Date) 2013.07.17
法規沿革(Legislative) 1.Published on July 26, 2000
2.Amended on June 11, 2004
3.Amended on April 24, 2012
4.Amended on July 17, 2013
法規內文(Content)

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.
            (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.
 
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 military 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.