Enforcement Regulations for Draft Exemption, Restriction, Deferred Call & Draft Article 10

If the restriction of military service is approved pursuant to Clause 1 of Paragraph 1 of Article 5 of Conscription Law, and the first judgment is changed to a sentence of imprisonment for a term not longer than five (5) years or the announcement of not guilty after the revision trial or extraordinary appeal, the judicial (military) court shall within forty-five (45) days after the judgment becomes final notify the local government to process as follows: 1. If the draftee has not yet performed his conscription duty, the restriction of military service upon the draftee shall be waived and a later draft shall be served to the draftee.2. If the draftee is a reservist draftee of substitute services, the restriction of military service shall be waived.3. If the draftee is a reservist or a replacement, MOD shall be notified to cause its originator unit to life the restriction of military service.Article 9 shall govern in the event that the draftee as referred in the preceding paragraph is qualified with those conditions of restriction of military service defined in Clause 2 of Paragraph 1 of Article 5.
中文原文 免役禁役緩徵緩召實施辦法第10條
依兵役法第五條第一項第一款規定核准禁役,原判決經再審或非常上訴改判為未滿五年有期徒刑之刑或無罪者,司(軍)法機關應於判決確定後四十五日內,通知其戶籍地直轄市、縣(市)政府依下列規定處理:
一、尚未履行兵役義務者,辦理廢止禁役,並補行徵兵處理。
二、替代役備役役男,辦理廢止禁役。
三、後備軍人或補充兵,轉知國防部所屬權責單位辦理廢止禁役。
前項人員如符合兵役法第五條第一項第二款所定禁役之條件者,依前條規定辦理。

English translation for reference only; the Chinese text prevails. Not legal advice.