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國防法規資料庫

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英譯法規 (ENGLISH)

Title: stopAct of Marriage for Military Personnel (2005 . 12 . 07 Abolished)Chinese
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 .