Law Viewer

Back Home

MILITARY SECRET PROTECTION ACT

Wholly Amended by Act No. 4616, Dec. 27, 1993

Amended by Act No. 7613, Jul. 22, 2005

Act No. 10792, jun. 9, 2011

 Article 1 (Purpose)
The purpose of this Act is to contribute to national security by protecting secrets in military affairs.
[ This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 2 (Definition)
The term "military secrets" in this Act means a special media record or object, such as a military-related document, picture, and electronic record, etc. that is not made known to the general public and, if leaked, would cause clear damage to the national security, and is thus identified or notified as military secrets or properly protected as such.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 3 (Classification of Military Secrets)
(1) Military secrets shall be classified into Top Secret, Secret, and Confidential depending upon the degree of their impact on the national security in case they are leaked.
(2) Detailed criteria for the classification of military secrets as stipulated in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No.10792, Jun. 9, 2011]
 Article 4 (Principles and Authorities Designating Military Secrets)
(1) Military secrets shall be classified into the lowest possible grade whereby they are protected properly considering their content and value.
(2) Persons who classify military secrets for each degree shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 5 (Protective Measures, etc. for Military Secrets)
(1) Persons who handle military secrets shall indicate or notify military secrets designated under Article 4 as military secrets: Provided, That in cases where indication or notification as such is either impossible or inappropriate, measures shall be taken to protect military secrets, such as barring access to the military secrets or concealing the place they are located.
(2) The head of a unit or an organ that manages or handles military secrets may designate military protection areas in order to protect military secrets.
(3) Matters necessary for the management, handling, indication, and notification of military secrets, other protective measures of the military secrets, and the designation of military protection areas shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 6 (Declassification of Military Secrets)
Persons who have designated military secrets shall cancel the designation without delay if they no longer need to be protected as military secrets.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 7 (Release of Military Secrets)
The Minister of National Defense or the Commissioner of the Defense Acquisition Program Administration may release military secrets as prescribed by Presidential Decree in the following cases:
1. Where a need arises to inform the general public;
2. Where it is deemed that the release shall bring significant benefit to the national security.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 8 (Provision or Explanation of Military Secrets)
The Minister of National Defense or the Commissioner of the Defense Acquisition Program Administration may provide or explain military secrets, as prescribed by Presidential Decree, in the following cases:
1. Where requested to provide or explain military secrets pursuant to Acts;
2. Where a need arises for military diplomacy;
3. Where requested by a foreign country or an international organization pursuant to a treaty or an international agreement on military affairs;
4. Where requested by a research institute, etc. for the purposes of technological development and academic research, etc.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 9 (Request for Release)
(1) Any person who is a national of the Republic of Korea may request in writing the Minister of National Defense or the Commissioner of the Defense Acquisition Program Administration to release military secrets.
(2) With respect to the release of military secrets at the request for release under paragraph (1), Article 7 shall apply mutatis mutandis.
(3) Matters necessary with respect to a request for releasing military secrets and procedures of handling such request as stipulated in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 10 (Failure to Take Protective Measures of Military Secrets, etc.)
(1) Any person who handles military secrets shall be punished by imprisonment for not more than two years, if he/she fails to take necessary measures without due cause, such as the indication or notification of the military secrets as prescribed in Article 5 (1), or other protective measures thereof.
(2) Any person who handles military secrets shall be punished by imprisonment for not less than one year, if he/she destroys or conceals military secrets, or damages their effects by other means without due cause.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 11 (Detection and Collection)
Any person who detects or collects military secrets not by the due process of law shall be punished by imprisonment for not more than ten years.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 12 (Leakage)
(1) Any person who has detected or collected military secrets shall be punished by imprisonment for a limited term of not less than one year, if he/she leaks them to others.
(2) Any person who has come to know or possess military secrets by chance shall be punished by imprisonment for not more than five years or by a fine not more than seven million won, if he/she leaks them to others with the knowledge that they are the military secrets.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 13 (Leakage of Military Secrets in Conduct of Business)
(1) Any person who handles or has handled military secrets in the conduct of business shall be punished by imprisonment for a limited term of not less than three years, if he/she leaks to others the military secrets he/she has known or possessed in the conduct of that business.
(2) Any person other than those provided for in paragraph (1) shall be punished by imprisonment for not more than seven years, if he/she leaks to others the military secrets he/she has known or possessed in the conduct of business.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 14 (Leak of Military Secrets by Negligence)
Any person who by negligence commits the crime under Article 13 (1) shall be punished by imprisonment for not more than two years or by a fine not exceeding three million won.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 15 (Aggravated Punishment for Crimes Committed for Foreign Countries)
Any person who commits a crime under Articles 11 through 13 for a foreign country shall be given aggravated punishment by up to one half the sentence corresponding to the relevant crime.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 16 (Failure to Report and Submit)
(1) Where a person who keeps military secrets loses or is stolen of military secrets, he/she shall be punished by imprisonment for not more than three years or by a fine not more than five million won, unless he/she reports such fact without delay to the head of the organization he/she belongs to or its supervisory organization.
(2) Any person who has acquired military secrets or has possessed military secrets provided by others shall be punished by imprisonment for not more than two years or by a fine not more than three million won if he/she does not immedeiately submit them upon request by an investigating agency or a military unit.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 17 (Intrusion into Military Protection Area, etc.)
(1) Any person who intrudes a military protection area shall be punished by imprisonment for not more than two years or by a fine not more than three million won.
(2) Any person who intrudes a military protection area and steals military secrets or who destroys, conceals or damages their effects by other means shall be punished by imprisonment for a limited term of not less than one year.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 18 (Criminal Attempt)
Any person who attempts to commit a crime under Articles 11 through 13 and Articles 15 and 17 shall be punished.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 19 (Mitigation and Remission for Turning Oneself in)
Any person who has committed a crime stipulated in this Act shall be mitigated or remitted of the sentence, if he/she turns him/herself in.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 20 (Suspension of Qualifications)
Where an imprisonment is sentenced relating to the crimes stipulated in this Act, suspension of qualifications for less than the maximum term of the imprisonment may be imposed concurrently with the sentence.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
 Article 21 (Application to Secrets Provided by United Nations Forces and Foreign Countries, etc.)
This Act shall also apply to military secrets of the United Nations forces stationed in the Republic of Korea, military secrets of foreign countries that carry out joint operations with the ROK armed forces, and military secrets provided by foreign countries pursuant to military treaties or other international agreements.
[This Article Wholly Amended by Act No. 10792, Jun. 9, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Designation of Military Secrets)
Military secrets at the time when this Act enters into force shall be deemed designated as military secrets by this Act.
Article 3 Omitted.
Article 4 (Relations to Other Acts)
Where the provisions in this Act correspond to the cases in other Acts and subordinate statutes that quote the provisions of the previous Military Secret Protection Act at the time of enforcement of this Act, the corresponding provisions of this Act shall be deemed as quoted in lieu of the previous provisions applicable.
ADDENDA <Act No. 7613, Jul. 22, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That … (Omitted.) … the provisions of Articles 2 through 4 of the Addenda shall enter into force on January 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 10792, Jun. 9, 2011>
This Act shall enter into force on the date of its promulgation.