Laws Information

法規資訊
Title: Act of Marriage for Military Personnel
Ab Date: 2005-12-27

Article Content

Article 1
The rules of a marriage of Military personnel are base on this Act ; Rules that are not covered by this Act are base on the rules and regulations instituted in the other laws.

Article 2
The Military Personnel stated in this Act refers to the Ranking Officers , Non Commissioned Officers , Enlisted Soldiers currently serving in the Arm Forces , and Trainees , Students of each Military Academy/College.

Article 3
Military Personnel with one of the following situation can not get married :
1. Serving at the battle field or directly engaging in a battle , or serving an emergency defense affairs.
2. Students of a Military College , Academy that are attending their Ranking Officers, Non Commissioned Officers education and have not graduated yet.
The personnel mentioned above that have a special situation will not be restricted if being specially approved by the Ministry of National Defense ; Its regulations are instituted by the Ministry of National Defense.

Article 4
If the fiance of the Military Personnel encounters one of the following situation , marriage is not allowed :
1. Have been convicted of civil commotion, treason crime.
2. Foreigners that have been proven to endangering the safety of the country.

Article 5
The Military Personnel getting married should submit the report one month before the marriage to the authority for approval. If the report of marriage is not denied by the Superior Officer 30 days after the submission of the said report and had been informed of the reason , the marriage report is considered approved.

Article 6
The approval authorizations of a Military Personnel Marriage is as follows :
1. Generals are approved by the Minister of National Defense, Chief of General Staff or each Commander in Chief of their belonging branch.
2. Colonels , Captains , Sergeants , and Enlisted Soldiers are approved by a rank of Major General or above.
The marriage of the Ranking Officers , Non Commissioned Officers and Enlisted Soldiers that are serving in an organizations that do not belong to the Ministry of National Defense , are approve by their Superior.

Article 7
  (Omitted)

Article 8
When a Military Personnel is getting married and no relative(s) attending , his/her Superior Officer can act as the guardians.

Article 9
  (Omitted)

Article 10
The Military Personnel or his/her spouse who is serving in a battle field or directly engaging in a battle or serving in an emergency defense affairs , is not allowed to apply for a devours.

Article 11
When a Military Personnel and his/her spouse agreed to get a devours , the regulations stipulated in Article-1049 to Article-1051 of the Civil Law are applied.

Article 12
Military Personnel violating Article-3 and Article-4 and got married , their marriage will not be valid.
Military Personnel violating Article-5 and got married , except had been proven to have the situation stated above , will be allowed to process a make up application after being disciplined.
Military Personnel or his/her spouse violating Article-10 and got married , their marriage will not be valid.

Article 13
Military Personnel or his/her spouse at the enemy line or implementing a battle order or serving in a very difficult area that had committed Article-237 or Article-239 of Criminal Law , 50% will be added to the crime he/she had committed ; The same will be impose to those who committed adultery.
The spouse of a Military Personnel who is at the enemy line or implementing a battle order or serving in a very difficult area that had committed Article-121 , Article-231 or Article-298 of Criminal Law , except for those will be force to be punished under the Arm Forces Criminal Act , 50% will be added to the crime he/she had committed.

Article 14
Those who have committed the crimes stated in the above Article that need to be prosecuted , and the Military Personnel or the spouse is not able to personally file the law suit , the prosecutor can appoint a proxy plaintiff if being applied. But can not contradict to the meaning of the plaintiff.

Article 15
This Act is implemented from the day of its announcement.