Article 140 of the Constitution provides: “No military personnel in active service may concurrently hold a civil office.” The purpose of prohibiting military personnel in active service from holding civil positions is to preclude their involvement in politics and to maintain the normal functions of democratic constitutionalism. A military personnel whose active service was suspended for cause will be transferred to the reserved forces service, managed by the reserved forces system, and enlisted as a military personnel in the reserved forces service. If, at the request of a civil agency, a military personnel in active service who qualified for a civil office applies for a suspension from an outside position prior to retirement from the military in order to serve in the civil office commensurate with his qualification, this is different from the aforementioned prohibition of holding concurrent positions, and cannot be said to be in conflict with the aforementioned constitutional provision. However, the conditions for a military personnel officer to suspend active service and transfer to a civil office, as well as the procedure for returning from civil office to military service, both involve the personnel system of public service. It is pointed out herein that current measures in these regards should be reviewed thoroughly and prescribed directly by law.

　　　 Article 140 of the Constitution provides: “No military personnel in active service may concurrently hold a civil office.” The purpose of prohibiting military personnel in active service from holding civil office is to preclude their involvement in politics and to maintain the normal functions of democratic constitutionalism. As for military personnel officers who have been removed form active service, retired, or suspended and transferred to the reserved forces service, they have no active military power. Consequently, we are not concerned here with their political involvements.

　　　 Pursuant to Article 12, Paragraph 1, Subparagraph 6, of the Armed Forces Officers Service Act and Article 9, Paragraph 1, Subparagraph 8, and Paragraph 2 of the Enforcement Rules for the Act, an officer in active service who has been approved to serve in a public office outside the military shall be suspended from the military service on the date of approval. The military personnel suspended for an outside position must be in the reserved forces service. When the Ministry of Defense gives its approval for a change of status, it shall notify the agency managing the reserved forces and enlist the person in the reserved forces system for personnel management. According to Article 25, Subparagraph 1, of the Conscription Act, the abovementioned suspended person must be a military personnel in the reserved forces service and does not have the status of a military personnel in active service. If, at the request of a civil agency, a military personnel in active service who qualified for civil office applies for a suspension from an outside position prior to retirement from the military in order to serve in the civil office commensurate with his qualification, this is different from the aforementioned prohibition of holding concurrent positions, and cannot be said to be in conflict with the aforementioned constitutional provision.

　　　 The Current Armed Forces Officers Service Act provides for “suspension” only, and does not directly provide for “suspension for taking an outside position.” The term “suspension for taking an outside position” is found only in Article 9, Paragraph 1, Subparagraph 8, Article 10 and Article 12 of the Enforcement Rules of the Act. Military personnel suspended for taking a civil position can return to the military service and can advance in the military ranks. This may raise a concern of commingling the civil track with the military track. The conditions for a military personnel to be suspended from active service and transferred to a civil office, as well as the procedure for returning from civil office to military service, both involve the personnel system of public service. It is pointed out herein that current measures in these regards should be reviewed thoroughly under guidance of the Constitution and prescribed directly by law.