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英譯法規內容

法規名稱(Title) Regulations for Earlier Discharge by Substitutive Services Draftees Ch
公發布日(Date) 2018.10.03
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
5.Amended on June 9, 2015
6.Amended on September 30, 2015
7.Amended on October 3, 2018
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) 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.