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Government legislation ministry rules students on leave must serve in civil defense

The Ministry of Government Legislation clarified that the legal exemption for enrolled students does not extend to those currently on leave of absence.

By New Era Daily AIAI-writtenPublished
Illustration: Government legislation ministry rules students on leave must serve in civil defense
Courts, legislation and legal rulings Illustration: New Era Korea Daily · AI-generated

The Ministry of Government Legislation ruled that students on leave of absence are not exempt from mandatory service in the Civil Defense Corps. The clarification states the legal exclusion for 'enrolled students' applies only to those actively pursuing their studies.

The decision followed an inquiry from the Ministry of the Interior and Safety regarding the Framework Act on Civil Defense. While male citizens aged 20 to 40 are generally required to join the corps, exemptions exist for students at designated institutions.

The ministry reasoned that the exemption aims to relieve those engaged in academic work from training and mobilization burdens. Since a leave of absence suspends actual study, such students do not fit the legislative intent. Provisions excluding citizens from national defense obligations must be interpreted strictly, the ministry said.

The ruling was finalized following a review by the Legislation Interpretation Deliberation Committee, which includes external experts such as law professors and lawyers. As the final administrative conclusion, this interpretation binds government agencies. The ministry recommended revising the decree to explicitly address the status of students on leave, noting the current wording lacks clarity.

What this article is based on

Every fact in this article can be checked against the primary documents below.

  1. Court ruling법제처 법령해석례· Ministry of Government Legislation· accessed Sept. 5, 2026
  2. Other법제처의 법령해석 업무· moleg.kr· accessed Sept. 5, 2026

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