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ACT ON THE MANAGEMENT OF CIVILIAN PERSONNEL IN THE MILITARY SERVICE

Wholly Amended by Act No. 4159, Dec. 30, 1989

Amended by Act No. 4507, Dec. 2, 1992

Act No. 4582, Dec. 9, 1993

Act No. 5061, Dec. 29, 1995

Act No. 5646, Jan. 21, 1999

Act No. 6784, Dec. 18, 2002

Act No. 7086, Jan. 20, 2004

Act No. 7898, Mar. 24, 2006

Act No. 9291, Dec. 31, 2008

Act No. 9558, Apr. 1, 2009

Act No. 10192, Mar. 26, 2010

Act No. 10927, Jul. 25, 2011

Act No. 11639, Mar. 22, 2013

Act No. 12598, May 20, 2014

Act No. 12785, Oct. 15, 2014

Act No. 13501, Sep. 1, 2015

Act No. 13771, Jan. 19, 2016

Act No. 14420, Dec. 20, 2016

Act No. 14609, Mar. 21, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide for special exceptions to the State Public Officials Act with respect to the qualification, appointment, and service of, and the remuneration and status guarantee for, civilian personnel in the military service, taking into consideration the distinct characteristics of their responsibilities, duties, status, and working conditions.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 2 Deleted. <by Act No. 14420, Dec. 20, 2016>
 Article 3 (Ranks, Classification, etc. of General Civilian Military Employees)
(Classification of General Civilian Military Employees and Technical Civilian Military Employees by Rank, etc.)
(1) Ranks of civilian military employees who perform duties in the fields of technology, research, management of military reserves, or administrative management (hereinafter referred to as “civilian military employee in general service”) shall be classified into Classes I through IX.
(2) Civilian military employees in general service shall be categorized by occupational group and by series of classes.
(3) Civilian military employees engaged in special duties may be excluded from classification of ranks under paragraph (1) and categorization of occupational groups and series of classes under paragraph (2).
(4) The titles of respective ranks by occupational group and by series of class under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No.14420, Dec. 20, 2016]
 Article 4 (Treatment)
Civilian personnel in the military service shall be given treatment equivalent to that of military personnel, and the standards for each Class shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 5 (Personnel Management Committee for Civilian Personnel in Military Service)
(1) Each of the following agencies and military units shall establish a personnel management committee for civilian personnel in the military service (hereinafter referred to as the "Personnel Management Committee”) for the purpose of deliberation on the improvement of the personnel management system for civilian personnel in the military service, fair personnel management, and other matters concerning personnel management:
1. The Ministry of National Defense;
2. An agency or a military unit that is headed by a person with delegated authority, where the authority for appointment or assignment has been delegated pursuant to the proviso to the part above the subparagraphs of Article 6 (2) or the proviso to Article 13 (1).
(2) Matters concerning the organization and operation of the Personnel Management Committee and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
CHAPTER II APPOINTMENT
 Article 6 (Authorities for Appointment)
(1) Civilian military employees in general service of Class-V or higher (including civilian military employees in general service prescribed by Presidential Decree to be equivalent to such rank, among civilian military employees in general service to which the classification of ranks or the categorization of occupational groups and series of classes under Article 3 (1) or (2) do not apply pursuant to paragraph (3) of that Article; hereinafter the same shall apply) shall be appointed by the President at the recommendation of the Minister of National Defense. <Amended by Act No. 14420, Dec. 20, 2016>
(2) Civilian military employees in general service of Class-VI or lower (including military employees in general service prescribed by Presidential Decree to be equivalent to such rank, among civilian military employees in general service to which the classification of ranks or the categorization of occupational groups and series of classes under Article 3 (1) or (2) do not apply pursuant to paragraph (3) of that Article; hereinafter the same shall apply) shall be appointed by the Minister of National Defense: Provided, That any of the following persons may appoint such civilian military employees under authority delegated by the Minister of National Defense: <Amended by Act No. 14420, Dec. 20, 2016; Act No. 14609, Mar. 21, 2017>
1. Each Chief of Staff (referred to as the "Chief of Staff"hereinafter);
2. The head of a military unit or an agency under the direct command of the Ministry of National Defense (hereinafter referred to as the "commander of a military unit under the direct command of the Ministry of National Defense");
3. The head of a military unit or an agency, who is a general-grade officer (hereinafter referred to as the "general-grade commander of a military unit").
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 7 (New Employment)
(1) Civilian personnel in the military service shall be employed through open competitive examinations.
(2) Notwithstanding paragraph (1), civilian personnel in the military service may, on the basis of prescribed application requirements for examination, such as career, be employed through an examination for appointment by competition (hereinafter referred to as “career-based competitive examination for appointment”), from among many people who fall under the same case, in any of the following: <Amended by Act No. 13501, Sep. 1, 2015; Act No. 14420, Dec. 20, 2016>
1. Where any of the following persons is employed as a civilian military employee for the same class (referring to the class defined in subparagraph 2 of Article 5 of the State Public Officials Act; hereinafter the same shall apply) as the one that he/she held at the time of his/her retirement within three years from the date he/she retired:
(a) A person who retired because of redundancy as a consequence of the alteration or abolition of an organization under Article 28 (1) 3;
(b) A person who retired upon the expiration of the period of suspension from service after having been suspended from service for medical treatment for a long time due to a physical or mental disorder pursuant to Article 71 (1) 1 of the State Public Officials Act;
2. Deleted.; <by Act No. 14420, Dec. 20, 2016>
3. Where a holder of a certification or license under statutes is employed as a civilian military employee for a duty related to such a certification or license;
4. Where a person is employed as a Class-I general civilian military employee;
5. Where a military person who had worked with the class and position appropriate for the area available for employment is employed within three years from the date he/she was discharged from active service;
6. Where a person who has a career of service or research, corresponding to a job available for employment, for at least two years, is employed for such a job;
7. Where a person who resides in his/her hometown or a specific area is employed as a civilian military employee who shall work for a military unit or an agency in the area, taking into consideration an extraordinary locality or environment, such as an island or a remote rural area;
8. Where a resident who escaped from North Korea defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act, is employed.
(3) Matters necessary for career-based competitive examinations for appointment referred to in paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 13501, Sep. 1, 2015>
(4) No person employed through a career-based competitive examination for appointment pursuant to paragraph (2) 7 shall be transferred to another job or transferred to any other military unit or agency for five years after he/she is employed. <Amended by Act No. 13501, Sep. 1, 2015>
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 8 (Testing Agencies)
(1) Examinations for the employment, promotion, and transfer of civilian personnel in the military service shall be conducted by the Minister of National Defense: Provided, That the Minister of National Defense may delegate the authority for conducting such examinations to each Chief of Staff, the general-grade commander of a military unit, or the commander of a military unit that is headed by an officer with the rank of Colonel (hereinafter referred to as the "Colonel-commander of a military unit"). <Amended by Act No. 14609, Mar. 21, 2017>
(2) Notwithstanding paragraph (1), if the Minister of National Defense considers it necessary, he/she may entrust open competitive examinations to another state agency.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 9 (Qualifications for Application for Examinations)
The minimum educational background, career, and age required for applying for various examinations, and other necessary qualification requirements shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 10 (Grounds for Disqualification)
No person who falls under any of the following subparagraphs shall be appointed as civilian personnel in the military service:
1. A person who does not have the nationality of the Republic of Korea;
2. A person who has the nationality of a foreign country along with the nationality of the Republic of Korea;
3. A person who falls under any subparagraph of Article 33 of the State Public Officials Act.
[This Article Wholly Amended by Act No. 10927, Jul. 25, 2011]
 Article 11 (List of Candidates for Employment)
(1) The head of a testing agency under Article 8 shall register the persons who successfully pass an examination for the employment of civilian personnel in the military service in the list of candidates for employment, as prescribed by Presidential Decree.
(2) The effective period of the list of candidates for employment in which persons who successfully pass an open competitive examination for employment in accordance with paragraph (1) are registered shall be two years.
(3) The following periods shall not be included in the calculated period referred to in paragraph (2) after a person who successfully passes an open competitive examination for employment is registered in the list of candidates for employment:
1. The period during which the person has been conscripted or called up pursuant to the Military Service Act or other Act;
2. The period during which the person has been unable to be appointed due to a reason specified by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 12 (Appointment as Probationer)
(1) A new employee shall be appointed as a probationer for any of the following periods and then, if he/she demonstrates good performance in service during the period, shall be appointed as a regular civilian military employee: Provided, That the appointment as a probationer may be waived or the period may be shortened in cases specified by Presidential Decree: <Amended by Act No. 14420, Dec. 20, 2016>
1. Where newly employing a general civilian military employee of Class-V: Six months;
2. Where newly employing a general civilian military employee of Class-VI or lower: Three months.
(2) If a civilian military employee demonstrates poor performance in service or education and training during the period of appointment as a probationer, the person having appointment authority (including a person who has appointment authority delegated pursuant to the proviso to Article 6 (1) or the proviso to the part above the subparagraphs of paragraph (2) of the aforesaid Article: the same shall apply hereinafter) may dismiss the person from office, notwithstanding Article 26 or 28.
(3) The period of suspension from service, the period of dismissal from one's position, and the period of suspension from office or salary reduction as a disciplinary measure shall not be included in the calculated period of appointment as a probationer under paragraph (1).
(4) Matters necessary for the education and training and the evaluation of performance of civilian personnel during the period of appointment as a probationer shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 13 (Assignment)
(1) Assignments shall be given to each civilian military employee by the Minister of National Defense: Provided, That such assignments may be given by each Chief of Staff, the general-grade commander of a military unit, or the Colonel-commander of a military unit with authority delegated by the Minister of National Defense. <Amended by Act No. 14609, Mar. 21, 2017>
(2) Matters necessary for assignments of civilian personnel in the military service shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 14 (Replacement of Persons Suspended from Service, on Long-Term Dispatch, etc.)
(1) Where a civilian military employee falls under any of the following cases, it may be deemed that there is an addition to the prescribed number of personnel in the relevant class and position and the vacancy may be filled: Provided, That the foregoing shall not apply during the two months before and after the expiration of the dispatch period under subparagraph 2 through 4: <Amended by Act No. 11639, Mar. 22, 2013; Act No. 14420, Dec. 20, 2016>
1. Where a person is suspended from service for not less than six months pursuant to Article 71 of the State Public Officials Act;
2. Where a person is dispatched to a central administrative agency for not less than six months;
3. Where a person is dispatched to a course of an educational and training institution for not less than six months;
4. Where a person who attains retirement age within one year is dispatched for training in order to develop the ability to adapt to society after retirement.
(2) If the committee for the examination on petitions on personnel management of civilian personnel in the military service under Article 35, the committee for the examination on appeals of civilian personnel in the military service under Article 43, or a court, makes a decision or judgment that annuls or cancels the expulsion, removal, or dismissal from office of a civilian military employee after the civilian military employee was expelled, removed, or dismissed, it shall be deemed that there has been an addition, since the vacancy was filled, to the prescribed number of personnel in the class and position of the person who was expelled, removed, or dismissed. <Amended by Act No. 14420, Dec. 20, 2016>
(3) The prescribed number of personnel under paragraphs (1) and (2) shall be deemed extinguished when the first vacancy occurs in the class and position after any of the following events occurs: <Amended by Act No. 14420, Dec. 20, 2016>
1. Reinstatement of the person under suspension from service;
2. Return of the dispatched person;
3. Reinstatement of the person expelled, removed, or dismissed.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 15 (Promotion)
(1) The promotion by rank of civilian personnel in the military service shall be based on the evaluation of performance of service, the evaluation of career experience, and other factual proof of competence: Provided, That the competence, career experience, etc. shall be taken into account for the promotion to Class-I through III general civilian military employees, and the promoted appointment to a Class-V general civilian military employee shall be subject to a promotion examination, but a person may be appointed through an examination by the Personal Management Committee, as prescribed by Presidential Decree, if considered necessary. <Amended by Act No. 10192, Mar. 26, 2010>
(2) An outstanding civilian military employee who has made a significant contribution in performing his/her duty and who meets the requirements prescribed by Presidential Decree may be specially promoted or may be given priority in applying for an examination for the promotion of general civilian military employees, notwithstanding paragraph (1). <Amended by Act No. 10192, Mar. 26, 2010>
(3) The minimum years required for promotion to each rank, restrictions on promotion, and other matters necessary for promotion shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
CHAPTER III SERVICE
 Article 16 (Duty of Good Faith)
(1) Civilian personnel in the military service shall abide by statutes and perform their duties in good faith.
(2) Civilian personnel in the military service shall not evade risks or responsibilities in the scope of their duties in performing duties and shall not break away from their duties without the permission of their superiors.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 17 (Duty of Strict Confidentiality)
Civilian personnel in the military service shall not divulge any secret known to them in the scope of their duties while in service or after retirement.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 18 (Service of Entrusted Trainees, etc.)
A civilian military employee who has been abroad to study at the expense of the State or the inviting country or who has received entrusted education in a domestic educational and training institution shall serve for a period specified by Presidential Decree not exceeding six years.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 19 (Delegation concerning Service of Civilian Personnel in Military Service)
Matters concerning the service of civilian personnel in the military service not provided for in this Act or the State Public Officials Act shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
CHAPTER IV EFFICIENCY
 Article 20 (Enhancement of Efficiency)
(1) Civilian personnel in the military service shall endeavor to optimize and enhance the efficiency of performance of their duties.
(2) The Minister of National Defense shall establish and enforce guidelines for health, relaxation, safety, welfare, and other matters necessary for enhancing the efficiency in the service of civilian personnel in the military service.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 21 (Education and Training)
(1) Civilian personnel in the military service shall receive education and training necessary for improving their knowledge and technical and applied skills in relation to their duties.
(2) Matters necessary for the education and training of civilian personnel in the military service shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 22 (Evaluation of Performance of Service)
The evaluation of performance of service of each civilian military employee shall be made in an objective and impartial manner and shall be reflected in personnel management, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 23 (Awards and Decorations)
Matters concerning awards and decorations for civilian personnel in the military service shall be prescribed by Presidential Decree, except as otherwise expressly provided for by Act.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
CHAPTER V REMUNERATION
 Article 24 (Remuneration)
(1) Matters concerning the salary of civilian personnel in the military service shall be prescribed by Presidential Decree.
(2) In addition to salary, allowances may be paid to civilian personnel in the military service, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 25 (Reimbursement of Actual Expenses)
Actual expenses incurred by civilian personnel in the military service in performing their duties may be reimbursed, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
CHAPTER VI GUARANTEE OF STATUS
 Article 26 (Personnel Actions against Will)
No civilian military employee shall be suspended from service, dismissed from his/her position, demoted, or dismissed from officeagainst his/her will without a sentence of imprisonment or a ground specified by this Act or the State Public Officials Act: Provided, That the foregoing shall not apply to Class-I civilian personnel in the military service.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 27 (Automatic Retirement)
Where a civilian employee of the armed forces falls under a cause for disqualification under Article 10, he/she shall retire automatically: Provided, That subparagraph 5 of Article 33 of the State Public Officials Act shall only apply to cases where he/she, who has committed a crime under Articles 129 through 132 of the Criminal Act, and Article 355 or 356 of the aforesaid Act in relation to his/her duties, is declared the suspension of sentence of imprisonment without labor or greater punishment. <Amended by Act No. 12785, Oct. 15, 2014>
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 28 (Ex Officio Dismissal from Office)
(1) If a civilian military employee falls under any of the following subparagraphs, the person having appointment authority may dismiss him/her from office ex officio:
1. Where he/she is unable to take charge of his/her duty due to a physical or mental disorder;
2. Where his/her performance of service is very poor;
3. Where the number of personnel exceeds the prescribed number of personnel due to a reduction in the prescribed number of personnel or budget as a consequence of an alteration or abolition of an organization;
4. Where he/she does not return to his/her duty or is unable to take charge of his/her duty even after the period of suspension from service ends or the cause of suspension from service terminates;
5. Where it is found that a person who was ordered to be waiting to be assigned to a position pursuant to Article 29 (2) is not willing to enhance his/her capability of performing his/her duty or improve his/her attitude of service during the waiting period;
6. If it is found that a person who has failed to pass examinations for transfer two or more or lacks the capability of performing his/her duty.
(2) The ex officio dismissal from office under paragraph (1) shall be subject to prior deliberation by the Personnel Management Committee.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 29 (Dismissal from One's Position)
(1) A person having appointment authority may dismiss a civilian military employee who falls under any of the following subparagraphs from his/her position (referring to the position defined in subparagraph 1 of Article 5 of the State Public Officials Act; the same shall apply hereinafter): <Amended by Act No. 12598, May 20, 2014>
1. A person who lacks the capability of performing his/her duty or whose performance of service is extremely bad;
2. A person against whom a resolution on a disciplinary measure corresponding to expulsion, removal, or suspension from office has been demanded;
3. A person who is prosecuted for a case that constitutes capital punishment, life imprisonment, or long-term imprisonment with or without labor for not less than two years (excluding a person for whom a summary order has been sought);
4. A person who receives a conviction that constitutes a reason for his/her automatic retirement under Article 27 at the first trial.
(2) When it is intended to dismiss a person falling under paragraph (1) 1 from his/her position, the person shall be ordered to be waiting to be assigned for a period not exceeding three months, and then necessary measures, such as conducting education and training for recovering capabilities of performing his/her duty or improving his/her performance of service, and assigning special research tasks, shall be taken during the waiting period.
(3) If the causes of dismissal from one's position under paragraph (1) 1 and 2 or such causes under subparagraphs 1 and 3 of the aforesaid paragraph occur concurrently, the person in question shall be dismissed from his/her position pursuant to subparagraph 2 or 3 of the same paragraph.
(4) A person having appointment authority may delegate his/her authority for the dismissal of persons who fall under paragraph (1) 3 from their positions to each Chief of Staff, the commander of each military unit under the direct command of the Ministry of National Defense, or the general-grade commander of each military unit. <Amended by Act No. 14609, Mar. 21, 2017>
(5) If a person was dismissed from his/her position pursuant to paragraph (1) but the cause of dismissal later terminates, a person having appointment authority (including persons to whom authority for the dismissal from one's position has been delegated pursuant to paragraph (4)) shall give the position to the person without delay.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 30 (Appointment to Lower Position)
(1) A person having appointment authority may appoint a civilian military employee to a lower position in any of the following cases:
1. Where the number of personnel exceeds the prescribed number of personnel because his/her position no longer exists or is demoted as a consequence of a change in the organization or the prescribed number of personnel;
2. Where he/she consents to the appointment to a lower position.
(2) A civilian military employee who was appointed to a lower position pursuant to paragraph (1) shall be promoted preferentially when there is a vacancy for the higher class, notwithstanding Article 15.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 31 (Retirement Age)
The retirement age of civilian personnel in the military service shall be sixty years of age: Provided, That a national emergency situation, such as wartime and an incident, shall be excepted from the foregoing.
[This Article Wholly Amended by Act No. 9291, Dec. 31, 2008]
 Article 32 (Regular Retirement)
A person who attains retirement age under Article 31 shall retire automatically on the day specified in any of the following subparagraphs:
1. Where the day on which he/she attains retirement age falls between January and June: June 30;
2. Where the day on which he/she attains retirement age falls between July and December: December 31.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 33 (Termination at Request)
A civilian military employee may be dismissed from his/her office at his/her will: Provided, That the foregoing shall not apply in cases of a national emergency situation, such as wartime or other disturbance.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 33-2 (Restrictions on Voluntary Dismissal from Office)
(1) Where a civilian military employee who has applied for voluntary dismissal from office in accordance with Article 33 falls under any of the following cases, such person with appointment authority or a person delegated with appointment authority (hereafter in this Article, referred to as "person with appointment authority, etc.") shall not permit the voluntary removal from office: Provided, That where such civilian military employes falls under subparagraph 1, 3, or 4, such non-permission shall be restricted to cases where it is deemed that his/her misconduct falls within a cause for expulsion from office, removal from office, demotion to a lower grade, or suspension from office:
1. Where he/she has been prosecuted for a criminal case related to his/her misconduct;
2. Where a procedure for requesting a resolution on disciplinary measures on the basis that he/she falls under a ground for expulsion from office, removal from office, demotion, or suspension of office, is under way;
3. Where a criminal investigation or investigation regarding his/her misconduct is ongoing at the Board of Audit and Inspection, the military prosecutors’ office, a military judicial police station, or any other investigative agency (hereafter in this Article, referred to as “investigative agency, etc.”);
4. Where an internal audit or investigation regarding his/her misconduct is under way at the audit department of a military unit, agency of any level, or any other similar agency.
(2) Where a civilian military employee in service applies for voluntary removal from office, a person with appointment authority, etc. shall confirm from the head of the relevant investigative agency, etc. whether that employee is subject to restriction on voluntary removal from office under paragraph (1). In such cases, the head of the relevant investigative agency, etc., in receipt of a request for confirmation, shall make a notification of the relevant fact within ten days from the date he/she receives such request.
(3) Other matters necessary for restricting voluntary dismissal from office of civilian military employees shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13771, Jan. 19, 2016]
 Article 34 (Petitions on Personnel Management)
If a civilian military employee considers that he/she has been suspended from service, dismissed from his/her position, demoted, or dismissed from office unlawfully or unjustly, he/she may file a petition for an examination thereof.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 35 (Committee for Examination of Petitions on Personnel Management of Civilian Personnel in Military Service)
(1) The Ministry of National Defense shall establish a committee for the examination of petitions on personnel management of civilian personnel in the military service for the purpose of examining petitions on personnel management under Article 34.
(2) Matters concerning the organization, operation, and examination procedures of the committee for the examination of petitions on personnel management of civilian personnel in the military service in accordance with paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 35-2 (Relationship with Administrative Litigation)
An administrative litigation regarding suspension from service, dismissal from one's position, demotion, dismissal from office, disciplinary measures, or other disposition made against a civilian military employee's will may not be filed unless it undergoes the examination and decision-making of the committee for the examination of petitions on personnel management of civilian personnel in the military service in accordance with Article 35 or the committee for the examination of appeals of civilian personnel in the military service in accordance with Article 43.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 36 (Handling of Grievances)
(1) Any civilian military employee may file a petition for counselling on personnel management or examination of a grievance regarding various working conditions, such as personnel management, organization, and treatment, and other personal problems and shall not be subject to any unfavorable disposition or treatment on the ground of such a petition.
(2) Upon receiving a petition under paragraph (1), the head of a military unit or an agency shall bring the petition before the committee for the examination of grievances of civilian personnel in the military service under paragraph (3) for examination and shall endeavor to solve the grievance and deal with the grievance impartially in accordance with the results of the examination.
(3) The Ministry of National Defense and the headquarters of the Army, the Navy, and the Air Force shall each establish a committee for the examination of grievances of civilian personnel in the military service for the purpose of examining grievances petitioned pursuant to paragraph (1).
(4) Appeals for the review of a petition examined by the committee for the examination of grievances of civilian personnel in the military service shall be examined by the committee for the examination of petitions on personnel management of civilian personnel in the military service under Article 35.
(5) Necessary matters concerning the organization, operation, and examination procedures of the committee for the examination of grievances of civilian personnel in the military service shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
CHAPTER VII DISCIPLINARY MEASURES
 Article 37 (Cause of Disciplinary Action)
Disciplinary action against a civilian military employee shall be taken for any of the following causes:
1. Where a civilian military employee violates this Act or an order issued pursuant to this Act;
2. Where a civilian military employee breaches a duty within the scope of his/her duties or neglected his/her duties;
3. Where a civilian military employee commits an act of degrading decency, whether in the scope of his/her duties or not;
4. Where a civilian military employee otherwise violates military discipline.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 37-2 (Disciplinary Action Surcharges)
(1) Where disciplinary action against a civilian military employee is taken pursuant to Article 37, if grounds for disciplinary action are the acceptance of a bribe or entertainment, or the embezzlement or misappropriation of public funds, a person having authority over disciplinary measures shall request the disciplinary committee for civilian military employees under Article 39-2 (1) to pass a resolution to impose a disciplinary action surcharge not exceeding five times the amount of the bribe or entertainment accepted or the amount of the public funds embezzled or misappropriated in addition to the relevant disciplinary action. <Amended by Act No. 13501, Sep. 1, 2015>
(2) Where a person subjected to imposition of a disciplinary action surcharge has received a criminal penalty or has fulfilled responsibility for compensation, etc. (including where he/she has been confiscated or charged additionally) pursuant to other Acts due to the acceptance of a bribe or entertainment, or the embezzlement or misappropriation of public funds before the disciplinary committee for civilian military employees passes a resolution to impose a disciplinary action surcharge, the disciplinary committee for civilian military employees shall pass a resolution to impose a disciplinary action surcharge within the limits prescribed by Presidential Decree; where a person subject to imposition of the disciplinary action surcharge has received a criminal penalty or has fulfilled responsibility for compensation, etc. (including where he/she has been confiscated or charged additionally) after it has passed the resolution to impose the disciplinary action surcharge, it shall take measures, such as the reduction of or exemption from the disciplinary action surcharge, as prescribed by Presidential Decree.
(3) Where a person subjected to imposition of a disciplinary action surcharge pursuant to paragraph (1) fails to pay such disciplinary action surcharge by the deadline for payment thereof, a person having authority over disciplinary measures (where a person having authority over disciplinary measures is the head of a unit or agency not larger than the size prescribed by Presidential Decree, referring to the head of its superior unit or agency) shall collect the disciplinary action surcharge in the same manner as dispositions on default of national taxes are conducted pursuant to the National Tax Collection Act.
[This Article Newly Inserted by Act No. 12785, Oct. 15, 2014]
 Article 38 (Persons Having Authority over Disciplinary Measures)
(1) Article 58 (1) of the Military Personnel Management Act shall apply mutatis mutandis to persons having authority over disciplinary measures against civilian military employees, and Article 4 shall govern ranking comparison with military personnel.
(2) Where a person having authority over disciplinary measures intends to take disciplinary measures against a civilian military employee, such case shall be referred to the disciplinary committee for civilian military employees under Article 39-2 (1) for deliberation, and where he/she intends to expel, remove, demote, or suspend a civilian military employee from office, such measures shall be subject to prior approval from a person having appointment authority. <Amended by Act No. 13501, Sep. 1, 2015>
(3) When a person having authority over disciplinary measures takes disciplinary measures and the disposition of imposition of a disciplinary action surcharge (hereinafter referred to as "disciplinary measures, etc."), he/she shall notify the relevant civilian military employee thereof, as prescribed by Presidential Decree. <Amended by Act No. 12785, Oct. 15, 2014>
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 39 (Types and Effects of Disciplinary Measures)
(1) Disciplinary measures shall be classified into expulsion, removal, demotion, suspension from office, salary reduction, and reprimand.
(2) The term "demotion" means the degradation of a rank by one rank, and the person with his/her rank demoted shall continue to hold his/her status as a civilian military employee but shall not be permitted to engage in his/her duties for three months and shall have his/her remuneration reduced to two-thirds during the aforesaid period.
(3) The period of suspension from office shall not be less than one month but not more than three months, and a person under suspension from office shall hold his/her status as a civilian military employee but shall not be permitted to engage in his/her duties during the period and shall have his/her remuneration reduced to two-thirds during the aforesaid period.
(4) The term "salary reduction" means a reduction of remuneration by one-third for a period of not less than one month but not more than three months.
(5) The term "reprimand" means giving admonitions on wrongs and making a person reflect on his/her wrongs.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 39-2 (Disciplinary Committee for Civilian Military Employees)
(1) A disciplinary committee for civilian military employees (hereinafter referred to as “disciplinary committee”) shall be established in each military unit or agency under the command of a person having authority over disciplinary measures under Article 38 (1) to deliberate on cases concerning disciplinary measures against, and the impositions of disciplinary measure surcharges on, civilian military employees.
(2) A disciplinary committee shall be comprised of at least five members, from among the military officers, civilian military employees, or public officials whose ranks are higher than that of the person subject to deliberation on a disciplinary measure, etc.
[This Article Newly Inserted by Act No. 13501, Sep. 1, 2015]
 Article 40 (Procedures, etc. for Disciplinary Measures)
(1) Disciplinary measures, etc. shall be taken after deliberation by a disciplinary committee. <Amended by Act No. 13501, Sep. 1, 2015>
(2) A disciplinary committee shall provide a person subject to deliberation on a disciplinary measure, etc. with an opportunity to make sufficient statement, in writing or orally. <Amended by Act No. 13501, Sep. 1, 2015>
(3) A disciplinary committee shall make a determination following deliberation within 30 days from the date the person having authority over disciplinary measures requests it to resolve on taking a disciplinary measure or imposing a disciplinary measure surcharge (hereinafter referred to as “resolution on a disciplinary measure, etc.”): Provided, That where there is any inevitable reason, the period may be extended by up to 30 days by a decision of the disciplinary committee. <Newly inserted by Act No. 13501, Sep. 1, 2015>
(4) Upon receipt of the result of a resolution on a disciplinary measure, etc. from a disciplinary committee in accordance with paragraph (3), a person having authority over disciplinary measures shall take a disciplinary measure, etc. within 15 days from the date he/she receives such result. <Newly inserted by Act No. 13501, Sep. 1, 2015>
(5) Where a person having authority over disciplinary measures deems that the degree of any disciplinary measure, etc. resolved by a disciplinary committee is low, he/she may, before taking such disciplinary measure, etc, request an examination or reexamination to the disciplinary committee (referring to the disciplinary committee installed in the Ministry of National Defense, with respect to a resolution adopted by this disciplinary committee) established in the military unit or agency to which a legal officer is assigned and which is next superior to the military unit or agency to which he/she belongs. In such cases, that person having authority over disciplinary measures shall take a disciplinary measure, etc. in accordance with the results of the resolution on the examination or reexamination. <Amended by Act No. 12785, Oct. 15, 2014; Act No. 13501, Sep. 1, 2015>
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 41 (Time limitations on Causes of Disciplinary Action and Imposition of Disciplinary Action Surcharges)
(1) No resolution to take disciplinary action and impose a disciplinary action surcharge shall be requested following a lapse of three years (five years if the offering or receipt of money, goods, or entertainment or the embezzlement or misappropriation of government funds is the cause of a disciplinary measure) from the day on which the cause of the disciplinary measure occurs. <Amended by Act No. 12785, Oct. 15, 2014>
(2) Where the committee for the examination of appeals of civilian personnel of the armed forces under Article 43, or a court, makes a decision or judgment that annuls or cancels a disciplinary measure, etc. on the ground of a defect of the organization of the disciplinary committee, other procedural defects, or high level of disciplinary action and disciplinary action surcharges, another resolution to take disciplinary action and impose disciplinary action surcharges may be requested within three months from the day on which the decision or judgment becomes final and conclusive, even where the time limitation under paragraph (1) has already lapsed or the remaining time limitation is less than three months. <Amended by Act No. 12785, Oct. 15, 2014>
(3) If the time limitation under paragraph (1) has already lapsed or the remaining time limitation is less than one month due to a failure to continue disciplinary proceedings pursuant to Article 83 (1) or (2) of the State Public Officials Act, the period under paragraph (1) shall be deemed to expire one month after the day on which notice of the closing of inspections or investigations under Article 83 (3) of the State Public Officials Act is provided.
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 42 (Appeal)
(1) A person who becomes subject to a disciplinary measure, etc. may file an appeal with the head of the military unit or agency superior by two tiers to the person having authority over disciplinary measures, which is under the command of a general-grade officer, within 30 days from the day on which he/she receives a notice of the measure: Provided, That if the person having authority over disciplinary measures is the Minister of National Defense, such an appeal may be filed with the Minister of National Defense. <Amended by Act No. 12785, Oct. 15, 2014; Act No. 14609, Mar. 21, 2017>
(2) Notwithstanding the main sentence of paragraph (1), a Class-V or higher-ranking general civilian military employee who becomes subject to expulsion, removal, demotion, or suspension from office may file an appeal directly with the Minister of National Defense within 30 days from the day on which he/she receives a notice of the measure.
(3) If a person who becomes subject to a disciplinary measure, etc. and who intends to file an appeal under the main sentence of paragraph (1) is transferred to another military unit or agency, he/she shall file the appeal with the head of the military unit or agency superior by two tiers to the military unit or agency to which he/she belongs at the time of filing the appeal. In such cases, the head of the military unit or agency superior by two tiers, who receives an appeal, shall be a general-grade officer superior to the person who took the disciplinary measure, etc. <Amended by Act No. 12785, Oct. 15, 2014; Act No. 14609, Mar. 21, 2017>
(4) The Minister of National Defense and the head of a military unit or agency may, upon receiving an appeal pursuant to any provision of paragraphs (1) through (3), cancel or mitigate the initial disciplinary measure, etc., subject to examination by the committee for the examination of appeals of civilian personnel in the military service under Article 43 but shall not take any disciplinary measure heavier than the initial disciplinary measure or make a decision to impose a disciplinary action surcharge heavier than the original disciplinary action surcharge. <Amended by Act No. 12785, Oct. 15, 2014>
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 43 (Committee for Examination of Appeals of Civilian Military Employees)
(1) A committee for the examination of appeals of civilian military employees shall be established under the military unit or agency superior by two tiers to a person having authority over disciplinary measures, etc., which is commanded by a general-grade officer, for the purpose of examining appeals filed on disciplinary measures against civilian military employees: Provided, That a committee for the examination of appeals of civilian military employees shall be established under the Ministry of National Defense, where a person having authority over disciplinary measures is the Minister of National Defense and where an appeal is filed with the Minister of National Defense in accordance with Article 42 (2). <Amended by Act No. 12785, Oct. 15, 2014; Act No. 14609, Mar. 21, 2017>
(2) The committee for the examination of appeals of civilian military employees under paragraph (1) shall be comprised of at least five members, from among the military officers, civilian military employees, or public officials whose ranks are higher than that of the appellant. <Amended by Act No. 13501, Sep. 1, 2015>
(3) Article 40 (2) shall apply mutatis mutandis to the deliberation of appeals by the committee for the examination of appeals of civilian military employees. <Newly Inserted by Act No. 13501, Sep. 1, 2015>
[This Article Wholly Amended by Act No. 9558, Apr. 1, 2009]
 Article 43-2 (Provisions concerning Delegation)
Matters necessary for the composition and operation of a disciplinary committee and a committee for the examination of appeals of civilian military employees, and procedures for disciplinary measures, procedures for imposing disciplinary measure surcharges, procedures for appeals, and the execution of disciplinary measures, etc., shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13501, Sep. 1, 2015]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 44 (Special Cases concerning Appointment of Civilian Military Employees at Time of National Emergency)
With respect to civilian military employees appointed at a time of national emergency such as wartime and a calamity, their appointment, service, remuneration, and other necessary matters may be separately prescribed by Presidential Decree, notwithstanding the provisions of this Act.
[This Article Wholly Amended by Act No. 14420, Dec. 20, 2016]
 Article 45 (Civilian Military Employees in General Service, etc. Appointed for Fixed Period of Service)
(1) When the relevant appointing authority appoints civilian military employees in general service to take charge of any affairs requiring either professional knowledge and technology, or speciality with respect to appointment and management, he/she may appoint civilian military employees for a fixed term (hereinafter referred to as “civilian military employee in general service for a fixed term position”).
(2) Except as otherwise expressly provided for in this Act or other Act, Articles 15 (Promotion), 18 (Service of Entrusted Trainees, etc.), 30 (Appointment to Lower Position), 31 (Retirement Age), and 32 (Regular Retirement) shall not apply to civilian military employee in general service for a fixed term position.
(3) A civilian military employee in general service for a fixed term position shall be deemed a public official in a fixed term position under Article 26-5 of the State Public Officials Act: Provided, That requirements and procedures for appointing civilian military employees in general service for a fixed term position, maximum age of service thereof, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 14420, Dec. 20, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measure concerning Civilian Personnel in Military Service)
Class-I through IX civilian personnel in the military service who are in service as at the time this Act enters into force shall be deemed Class-I through IX general civilian military employees.
Article 3 (Transitional Measure concerning Civilian Laborers in Military Service)
Civilian laborers in service as at the time this Act enters into force may continue their service in accordance with previous provisions until they are newly employed as technical civilian military employees, as prescribed by Presidential Decree.
Article 4 (Transitional Measure concerning Temporary Civilian Personnel in Military Service)
Temporary civilian personnel in the military service who are in service as at the time this Act enters into force shall be deemed extraordinary civilian personnel in the military service under this Act.
Article 5 (Transitional Measures concerning Ongoing Examinations, etc.)
(1) Examinations publicly announced or ongoing as at the time this Act enters into force shall be governed by previous provisions.
(2) Persons who successfully pass an examination under paragraph (1) shall be appointed in accordance with previous provisions.
Article 6 (Transitional Measure concerning Operation of Committee for Examination on Qualifications for Civilian Personnel in Military Service)
Matters pending as at the time this Act enters into force in the committee for the examination on qualifications for civilian personnel in the military service under previous provisions may be examined by the former committee for the examination on qualifications for civilian personnel in the military service.
Article 7 (Transitional Measure concerning Assignment)
Persons assigned to a position pursuant to previous provisions as at the time this Act enters into force shall be deemed to have been assigned to the position pursuant to this Act.
Article 8 (Transitional Measure concerning Petitions Pending on Personnel Management)
Regarding persons who filed a petition on personnel management as at the time this Act enters into force, such a petition on personnel management shall be examined in accordance with previous provisions.
Article 9 (Transitional Measure concerning Ongoing Disciplinary Measures or Appeals)
With regard to cases in which disciplinary or appeal proceedings are ongoing as at the time this Act enters into force, disciplinary measures or the examination on appeals shall be taken or conducted in accordance with previous provisions.
Article 10 (Transitional Measure concerning Effects of Dismissal from Position, etc.)
Regarding a person who was dismissed from his/her position or who was punished by a disciplinary measure pursuant to previous provisions as at the time this Act enters into force, the effects of such dismissal from his/her position or such a disciplinary measure shall be governed by previous provisions.
ADDENDA <Act No. 4507, Dec. 2, 1992>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measure concerning Extension of Retirement Age) In extending the retirement age of Class-IV or lower-ranking general civilian military employees who are in service as at the time this Act enters into force (excluding persons who have their retirement age already extended), the retirement age may be extended by not more than one year from the date of regular retirement for persons who attain the retirement age in 1992 and by not more than two years from the date of regular retirement for persons who attain the retirement age in 1993, respectively, notwithstanding the amended provisions of Article 31 (3).
ADDENDA <Act No. 4582, Dec. 9, 1993>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measure concerning Regular Retirement) Persons who attain retirement age within six months from the enforcement date of this Act shall be governed by previous provisions, notwithstanding the amended provisions of Article 32.
(3) (Transitional Measure concerning Person with Authority over Disciplinary Measures) A person having authority over ongoing disciplinary measures as at the time this Act enters into force shall be governed by previous provisions, notwithstanding the amended provisions of Article 38.
ADDENDA <Act No. 5061, Dec. 29, 1995>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measure concerning Civilian Personnel in Military Service under Dismissal from Their Positions) A review of persons who were prosecuted for a criminal case and are under dismissal from their positions as at the time this Act enters into force shall be conducted within one month from the enforcement date of the amended proviso to Article 29 (1), and persons whom it is found unnecessary to dismiss from their positions any longer shall be reinstated without delay.
(3) (Transitional Measure concerning Time Limitations on Cause of Disciplinary Measure) The demand for a resolution on a disciplinary measure against a person who committed an act giving rise to a cause of the disciplinary measure before this Act enters into force shall be governed by previous provisions, notwithstanding the amended provisions of Article 41 (1).
ADDENDA <Act No. 5646, Jan. 21, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Retirement Age)
(1) Among civilian personnel in the military service who are in service as at the time this Act enters into force and who have the retirement ageshortened, persons whose regular retirement date under former Article 31 (1) or (2) or 32 falls on June 30, 1999 shall retire automatically on the same date, persons whose regular retirement date falls on December 31, 1999 shall retire automatically on June 30, 1999, and persons whose regular retirement date falls on June 30, 2000 shall retire automatically on September 30, 1999, respectively.
(2) The extended retirement age of the persons who had their retirement age extended pursuant to former Article 31 (2) or (3) and who are in service shall become due on March 31, 1999.
Article 3 (Transitional Measure concerning Voluntary Retirement Benefits)
As to the eligibility for the payment of voluntary retirement benefits for civilian personnel in the military service, who voluntarily retire before retirement age on or before June 30, 2000, and the amount of the payment, the previous retirement age shall apply, notwithstanding the amended provisions of Article 31 (1).
ADDENDUM <Act No. 6784, Dec. 18, 2002>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 7086, Jan. 20, 2004>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7898, Mar. 24, 2006>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measure concerning Appeals) An appeal filed by a person who was notified of a disciplinary measure as at the time this Act enters into force shall be governed by previous provisions.
ADDENDA <Act No. 9291, Dec. 31, 2008>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2009: Provided, That the amended provisions of Article 41 (1) shall enter force three months after the date of its promulgation.
(2) (Transitional Measure concerning Extension of Retirement Age of Class-IV or Lower-Ranking Civilian Personnel in Military Service) Notwithstanding the amended provisions of Article 31, the retirement age of Class-IV or lower-ranking general civilian military employees and technical civilian military employees shall be 58 years of age from 2009 until 2010, 59 years of age from 2011 until 2012, and 60 years of age from 2013 and thereafter.
(3) (Transitional Measure concerning Extension of Time Limitations on Cause of Disciplinary Measure) The persons who committed an act giving rise to a cause of a disciplinary measure before this Act enters into force shall be governed by previous provisions, notwithstanding the amended provisions of Article 41 (1).
ADDENDA <Act No. 9558, Apr. 1, 2009>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability to Change of Types of Disciplinary Measures) The amended provisions of Articles 38, 39, and 42 shall apply to a case in which a cause of a disciplinary measure occurs on or after the enforcement date of this Act.
ADDENDUM <Act No. 10192, Mar. 26, 2010>
This Act shall enter into force on January 1, 2011.
ADDENDA <Act No. 10927, Jul. 25, 2011>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Restrictions on Appointment of Persons with Dual Nationality) The amended provisions of Article 10 shall apply to persons with dual nationality who apply for an examination for employment of civilian personnel in the military service on or after this Act enters into force.
ADDENDUM <Act No. 11639, Mar. 22, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12598, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 2 (2) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Dismissal from Position)
The amended provisions of Article 29 (1) 3 and 4 shall apply beginning with the first person indicted in a criminal case after this Act enters into force.
Article 3 (Special Cases concerning Retirement Age of Special Service Civilian Employees of Armed Forces Converted to General Service Civilian Employees of Armed Forces)
Notwithstanding the main sentence of Article 31, the retirement age of a person who was converted to a general service civilian employee of the armed forces from a special service civilian employee of the armed forces in charge of the management of military reserves pursuant to Articles 4 and 5 of Addenda shall be 57 until 2015, 58 from 2016 to 2017, 59 from 2018 to 2019, and 60 from 2020.
Article 4 (Transitional Measures Based on Alteration in Classification of Civilian Employees of Armed Forces)
Among special service civilian employees of the armed forces in office and civilian employees of the armed forces employed under contract as at the time the amended provision of Article 2 (2) enters into force, a civilian employee of the armed forces in charge of the management of military reserves shall be deemed employed as a general service civilian employee of the armed forces on the date of enforcement of the aforesaid amended provision. In such cases, matters concerning the rank, grade, position, type of work, personnel management, etc. shall be prescribed by Presidential Decree.
Article 5 (Transitional Measures concerning Examinations Being Conducted)
(1) A person who has passed an examination for employment or examination for appointment of civilian employees of the armed forces in charge of the management of military reserves, which is being conducted as at the time the amended provision of Article 2 (2) enters into force, shall be deemed a person who has passed an examination for appointment of general service civilian employees of the armed forces.
(2) A person who passed an examination under paragraph (1) before the amended provision of Article 2 (2) enters into force but has not been appointed yet as at the time the aforesaid amended provision enters into force shall be deemed to have passed an examination for appointment of general service civilian employees of the armed forces. In such cases, the latter part of Article 4 of Addenda shall apply mutatis mutandis to matters regarding appointment.
ADDENDA <Act No. 12785, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Automatic Retirement)
The amended provision of proviso to Article 27 shall apply beginning with a person who receives a suspension of sentence of imprisonment without labor or greater punishment for a criminal offense committed after this Act enters into force.
Article 3 (Applicability to Disciplinary Action Surcharges)
The amended provision of Article 37-2 shall apply beginning with cases where the first reason for disciplinary action occurs after this Act enters into force.
Article 4 (Applicability to Extension of Time Limitations on Disciplinary Action)
The amended provision of Article 41 (1) shall apply beginning with cases where the first reason for disciplinary action occurs after this Act enters into force.
ADDENDA <Act No. 13501, Sep. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 7 shall enter inter force six months after the date of its promulgation.
Article 2 (Applicability to Career-Based Competitive Appointment as Civilian Military Employees of Persons Escaping from North Korea)
The amended provisions of Article 7 (2) 8 shall apply beginning with the first career-based competitive examination for appointment conducted after this Act enters into force.
ADDENDA <Act No. 13771, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Restriction on Voluntary Removal from Office)
The amended provisions of Article 33-2 shall apply beginning with the first civil military employee who applies for voluntary removal from office after this Act enters into force.
ADDENDA <Act No. 14420, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Special Cases concerning Retirement Age of Civilian Military Employee in Extraordinary Service Converted to Civilian Military Employee in General Service)
The retirement age of a civilian military employee who has been converted from a civilian military employee in extraordinary service to a civilian military employee in general service pursuant to Articles 3 (1) and 4 (1) of attached Table as at the time this Act enters into force shall be 58 until 2017, 59 from 2018 to 2019, and 60 after 2020: Provided, That such provisions shall not apply to the retirement age of a civilian military employee in charge of duties as a professor or teacher equivalent to Class Ⅲ or higher.
Article 3 (Transitional Measure concerning Change of Classification of Civilian Military Employees)
(1) Civilian military employees in technical service and civilian military employees in extraordinary service holding their posts as such as at the time this Act enters into force shall be deemed to be employed as civilian military employees in general service as at the time this Act enters into force. In such cases, the occupational groups, series of classes, ranks, grades, etc. assigned to such civilian military employees shall be prescribed by Presidential Decree.
(2) Civilian military employee appointed based on a contract (hereinafter referred to as “civilian military employee in contractual service”) concluded before this Act enters into force, who holds their posts as such as at the time this Act enters into force, shall be deemed to be appointed as civilian military employees in general service for a fixed term under the amended provisions of Article 45 on the enforcement date of this Act pursuant to personnel-related provisions, such as those concerning their occupational groups, series of classes, ranks, and grades prescribed by Presidential Decree. In such cases, their periods of service shall be the remainder of the effective period of the contract concluded as at the time they were appointed as civilian military employees in contractual service and their remunerations paid during such periods shall be based on the contracts concluded as at the time they were appointed.
Article 4 (Transitional Measure concerning Examinations in Progress)
(1) Persons falling under any of the following subparagraphs shall be deemed those who pass an examination for appointment of civilian military employees in contractual service. In such cases, matters concerning occupational groups, series of classes, ranks, grades, etc. assigned to them shall be prescribed by Presidential Decree:
1. A person who passes such an examination for employment of civilian military employees in technical service or civilian military employees in extraordinary service which is in progress as at this Act enters into force;
2. A person who passed such an examination for employment of civilian military employees in technical service or civilian military employees in extraordinary service before this Act enters into force, but has not yet been employed as at the time this Act enters into force.
(2) Persons falling under any of the following subparagraphs shall be deemed those who pass an examination for appointment of civilian military employees in general service for a fixed term position. In such cases, matters concerning occupational groups, series of classes, ranks, grades, etc. assigned to them shall be prescribed by Presidential Decree:
1. A person who passes such an examination for employment of civilian military employees in contractual service which is in progress at this Act enters into force;
2. A person who passed such an examination for employment of civilian military employees in contractual service before this Act enters into force, but has not yet been employed as at the time this Act enters into force.
Article 5 omitted.
ADDENDA <Act No. 14609, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 2 of Article 2 shall enter into fore on the date of its promulgation, and the amended provisions of Article 63 shall enter into force six months after the date of its promulgation, and Article 2 (10) of attached Table shall enter into fore on July 7, 2017.
Articles 2 and 3 Omitted.