「MILITARY CRIMINAL ACT」
11. An attempt to commit a crime under Article 59 (1);
12. An attempt to commit a crime under any provision of Articles 66 through 70 and 71 (1)
or (2);
13. An attempt to commit a crime under any provision of Articles 87 through 90.
(5) If a person specified in any provision of paragraphs (1) through (3) perpetrate a crime
under this Act while he or she is in military service, is enrolled in a school, or is serving
military service at a military base, this Act shall apply to such person even after he or she is
discharged from active service, released from call-up, expelled from the school, or released
from the military base.
[This Article Wholly Amended on Nov. 2, 2009]
Article 1-2 (Territorial Scope of Application) This Act shall also apply where a person specified
in Article 1 perpetrates a crime under this Act (limited to crimes specified in the
subparagraphs of Article 1 (4) where a person subject to the application of the aforesaid
paragraph is involved) outside of the territory of the Republic of Korea.
[This Article Newly Inserted on Nov. 2, 2009]
Article 2 (Definition of Terms) The terms used in this Act are defined as follows:
1. The term "superior" means a person who has the authority of command in a commandobedience relationship. If a command-obedience relationship does not exist, a higherranking person or a person in a higher order of precedence shall be treated as a
superior;
2. The term "commander" means the head of a company or a larger military unit, the head
of navy fleet, or a person who commands a naval ship or an aircraft;
3. The term "sentry" means a person who is posted on land, sea, or air within a specified
scope of responsibility to perform an inherent duty to stand guard;
4. The term "military unit" means a military unit, military institution or school, or an
institution installed specially in wartime, during a disturbance, or in any other similar
situation;
5. The term "in the face of the enemy" means a state immediately before and after the
commencement of a combat action, such as an offense or defense or a state of alert for
an attack by the enemy in the direct confrontation with the enemy;
6. The term "wartime" means a period beginning with the time when a war is declared or a
hostile action is taken against another country or a belligerent body and ending with the
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