「MILITARY CRIMINAL ACT」 2. In other cases: Imprisonment with labor for an indefinite term or for a term of not less than two years. [This Article Wholly Amended on Nov. 2, 2009] Article 38 (False Order, Notification, and Report) (1) A person who issues a false order, gives a false notification, or makes a false report with regard to a military affair shall be punished by the following: 1. In the face of the enemy: Death or imprisonment with labor for an indefinite term or for a term of not less than five years; 2. In wartime, during a disturbance, or in an area under martial law: Imprisonment with labor for not more than seven years; 3. In other cases: Imprisonment with labor for not more than one year. (2) Where a person who holds a duty to issue an order, give a notification, or make a report with regard to a military affair commits a crime under paragraph (1), the penalty against such a person shall be aggravated by up to one half of the penalty specified in each paragraph of paragraph (1). [This Article Wholly Amended on Nov. 2, 2009] Article 39 (False Delivery of Order, etc.) A person who is responsible for delivering an order, notification, or report regarding a military affair in wartime, during a disturbance, or in an area under martial law but makes a false delivery or fails to deliver it shall be punished in accordance with Article 38. [This Article Wholly Amended on Nov. 2, 2009] Article 40 (Violation of Sentry Order) (1) A person who, without good cause, orders a change of sentry or changes a sentry without following established rules shall be punished by the following: 1. In the face of the enemy: Death or imprisonment with labor for an indefinite term or for a term of not less than two years; 2. In wartime, during a disturbance, or in an area under martial law: Imprisonment with labor for not more than five years; 3. In other cases: Imprisonment with labor for not more than two years. (2) A sentry who is asleep or drunken on duty shall be punished in accordance with paragraph (1). 법제처 11 국가법령정보센 터