ACT ON THE MANAGEMENT OF MILITARY SUPPLIES
Act No. 1310, Mar. 23, 1963
Amended by Act No. 2631, Oct. 10, 1973
Act No. 3947, Nov. 28, 1987
Act No. 4248, Aug. 1, 1990
Act No. 5454, Dec. 13, 1997
Act No. 6836, Dec. 30, 2002
Act No. 8852, Feb. 29, 2008
Act No. 9559, Apr. 1, 2009
Act No. 10822, Jul. 14, 2011
Act No. 12401, Mar. 11, 2014
Act No. 13240, Mar. 27, 2015
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
The term "munitions" used in this Act means commodities managed by the Ministry of National Defense and organizations under its direct jurisdiction, Joint Chiefs of Staff (hereinafter referred to as "national defense agencies") and the Army, Navy and Air Force (hereinafter referred to as "respective armed forces"), among the commodities defined in the main sentence of Article 2 (1) of the Commodity Management Act: Provided, That the following movables shall be excluded therefrom: <Amended by Act No. 12401, Mar. 11, 2014> | 2. | Securities to be deposited in the Bank of Korea pursuant to statutes; |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 2-2 (Principle of Management of Total Life Cycle) |
In order to guarantee the demonstration of munitions’ performance and reduce the life cycle costs thereof, the Minister of National Defense shall conduct all activities related to determination of requirement, acquisition, use, storage and disposal of the munitions, in an economical and efficient manner in terms of the total life cycle of such munitions.
[This Article Newly Inserted by Act No. 10822, Jul. 14, 2011]
| Article 3 (Classification of Munitions) |
Munitions shall be classified into war reserve items and conventional items, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 4 (Provisions Applicable Mutatis Mutandis) |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
CHAPTER II MANAGING ORGANIZATIONS AND CONTROL OF MUNITIONS
| Article 5 (Control over Management Affairs) |
The Minister of National Defense shall control systems and affairs concerning the management of the munitions under the jurisdiction of national defense agencies and respective armed forces.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 6 (Managing Organizations) |
| (1) | The heads of national defense agencies and Chiefs of Staff of respective armed forces shall manage the munitions under their jurisdiction: Provided, That, with respect to the munitions for the Marine Corps among those managed by the Navy Chief of Staff, the Marine Corps commandant shall manage the following affairs, as prescribed by Presidential Decree: <Amended by Act No. 10822, Jul. 14, 2011> |
| 1. | Affairs on transfer of management and the decision on disuse, etc.; |
| 2. | Affairs on leasing, transfer and exchanges; |
| 3. | Affairs on inventory inspections, inventory adjustments and audit. |
| (2) | The heads of national defense agencies and Chiefs of Staff of respective armed forces (including the Marine Corps commandant; the same shall apply hereinafter) may delegate to the public officials belonging thereto or other public officials belonging to other national defense agencies or other central government agencies, the affairs concerning the management of the munitions under their jurisdiction, as prescribed by Presidential Decree. <Amended by Act No. 10822, Jul. 14, 2011> |
| (3) | A public official delegated with the affairs concerning the management of munitions by the heads of national defense agencies or Chiefs of Staff of the respective armed forces under paragraph (2) is referred to as a commodities management officer. |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 7 (Partial Charge and Representation of Management Affairs) |
When a commodities management officer is unable to perform his/her duties due to an extraordinary circumstance, or if deemed necessary, the heads of national defense agencies and the Chiefs of Staff of the respective armed forces may require the public officials belonging thereto or other public officials belonging to other national defense agencies, the respective armed forces, or central government agencies to act on behalf of the commodities management officer, or to take partial charge of the affairs, as determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 8 (Special Cases for Delegation of Affairs of Munitions Accounting, etc.) |
| (1) | Where necessary, a commodities management officer may designate, as prescribed by Presidential Decree and Articles 10 and 11 of the Commodity Management Act applied mutatis mutandis under Article 4, a commodities accounting official or commodities operating officer from among the public officials belonging to other units, other respective armed forces, or national defense agencies and may delegate to them the affairs concerning the accounting, storage or use of the munitions the commodities management officer manages. |
| (2) | The commodities management officer may, if the commodities accounting official or commodities operating officer designated under paragraph (1) is unable to perform his/her duties due to an extraordinary circumstance, or if deemed necessary, require the public officials belonging to the unit, the respective armed forces, or national defense agency to which the commodities accounting official or the commodities operating officer belongs, act on behalf of the commodity accounting official or commodities operating officer, or to take partial charge of the affairs of the commodities accounting official. |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 9 (Qualifications and Financial Guarantee of Commodities Management Officials) |
Matters concerning the qualifications and financial guarantee of a commodities management officer, commodities accounting official, or a commodities operating officer, or persons who take partial charge thereof and their agents shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
CHAPTER III MANAGEMENT OF MUNITIONS
SECTION 1 General Provisions
| Article 10 (Transfer of Management) |
| (1) | A commodities management officer may, where deemed necessary for the effective use and disposition of munitions, transfer the management (hereinafter referred to as "transfer of management") of the munitions he/she controls to any other commodities management officer by obtaining the approval of the heads of national defense agencies or Chiefs of Staff of the respective armed forces, as prescribed by Presidential Decree: Provided, That the transfer of management of munitions prescribed by Presidential Decree may be made without obtaining their approval. |
| (2) | The heads of national defense agencies and the Chiefs of Staff of the respective armed forces, other than the Minister of National Defense, shall, when they intend to grant approval under paragraph (1) concerning the transfer of management to other central government agencies, obtain prior approval of the Minister of National Defense, except for the munitions prescribed by Presidential Decree. |
| (4) | In respect of commodities acquired by the Commissioner of the Defense Acquisition Program Administration under the Defense Acquisition Program Act, and supplied for use or management by the national defense agencies or respective armed forces, the management of such commodities shall be deemed transferred from the Defense Acquisition Program Administration to the national defense agencies or respective armed forces when such commodities are delivered to the national defense agencies or respective armed forces. |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
SECTION 3 Receipts and Disbursements
| Article 12 (Receipts and Disbursements) |
| (1) | A commodities management officer shall, when he/she intends to receive and disburse munitions, order receipts and disbursements of the munitions to a commodities accounting official (including commodities accounting officials taking partial charge thereof; the same shall apply hereinafter) by specifying the contents of the munitions to be received and disbursed. |
| (2) | Commodities accounting officials may not receive or disburse munitions, without an order under paragraph (1). |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 13 (Decisions, etc. on Disuse) |
| (1) | The heads of national defense agencies and the Chiefs of Staff of the respective armed forces may decide against using munitions falling under any of the following subparagraphs: Provided, That the commodities management officer may make a decision thereof in respect of munitions prescribed by Presidential Decree: |
| 1. | Munitions which are no longer needed; |
| 2. | Munitions which may not be appropriately disposed of following the transfer of management among those, the inventory of which exceeds future demand forecastable by the national defense agencies or respective armed forces; |
| 3. | Munitions that are unusable or not worth repairing. |
| (2) | The heads of national defense agencies and the Chiefs of Staff of the respective armed forces, other than the Minister of National Defense, shall, when they intend to decide against using munitions under paragraph (1), obtain prior approval of the Minister of National Defense, as prescribed by Presidential Decree. |
| (3) | The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or commodities management officers may, when munitions decided against using under paragraph (1) falls under any of the following, scrap them: |
| 1. | When the sale of munitions is deemed disadvantageous to the State; |
| 2. | When the sale of munitions is deemed inappropriate; |
| 3. | When the sale of munitions is impossible. |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 13-2 (Scrapping of Ammunitions) |
| (1) | The Minister of National Defense shall decide whether to scrap ammunitions, taking account of the lifespan of ammunitions, results of performance evaluations, change of the weapon system, etc. |
| (2) | The Minister of National Defense shall decide on the standard and places for demilitarizing (referring to a measure of either changing the original form or removing military marks, etc. through cutting, destruction, transformation, abrasion, etc. so that ammunitions cannot be used for originally intended military purposes; hereinafter the same shall apply) ammunitions to scrap ammunitions, taking account of characteristics, quantity, danger of explosion, possibility of environmental pollution, etc., depending on the type of ammunition. |
| (3) | The Minister of National Defense shall install and operate facilities for demilitarization of ammunitions to scrap ammunitions in a safe and environmentally friendly manner. |
| (4) | If the Minister of National Defense deems it necessary for efficient management or operation of the facilities for demilitarization of ammunitions established under paragraph (3), he/she may entrust such management or operation to the person who has the ability to do so, as prescribed by Presidential Decree. <Newly Inserted by Act No. 10822, Jul. 14, 2011> |
| (5) | The Minister of National Defense and the person entrusted with management or operation of the facilities for demilitarization of ammunitions pursuant to paragraph (4) shall scrap ammunitions in the facilities for demilitarization of ammunitions in accordance with the standards for demilitarization of ammunitions: Provided, That the Minister of National Defense and the aforementioned person may scrap ammunitions at places for demilitarization of ammunitions in cases prescribed by Presidential Decree as inappropriate to scrap the same in the facilities for demilitarization of ammunitions. <Amended by Act No. 10822, Jul. 14, 2011> |
| (6) | Notwithstanding paragraph (5), the Minister of National Defense may scrap explosives, grenade, or propellants (hereinafter referred to as "explosives, etc." in this Article), from among the ammunitions he/she intends to scrap, by entrusting the scrapping affairs to a person who obtained permission for manufacture, etc. of military explosives pursuant to Article 53 of the Defense Acquisition Program Act. <Newly Inserted by Act No. 10822, Jul. 14, 2011; Act No. 13240, Mar. 27, 2015> |
| (7) | Where the Minister of National Defense entrusts scrapping of explosives, etc. pursuant to paragraph (6), the Minister shall separately determine the procedures for, methods of, and facility standard for, the entrusted treatment of explosives, etc. and the ammunition-safety-treatment standard, and the entrusted person who intends to scrap explosives, etc. shall operate his/her scrapping facilities in a manner satisfying the standard for demilitarization of ammunitions, and the ammunition-safety-treatment standard, which are separately determined by the Minister of National Defense and shall file a report on the results of such operation. <Newly Inserted by Act No. 10822, Jul. 14, 2011; Act No. 13240, Mar. 27, 2015> |
| (8) | The Minister of National Defense shall require the related soldiers, civilian military employees, or public officials to attend and supervise the scrapping affairs to be conducted by a waste treatment business operator pursuant to paragraph (6) until the affairs are completed, and shall take other measures necessary to prevent leakage of explosives, etc. <Newly Inserted by Act No. 10822, Jul. 14, 2011; Act No. 13240, Mar. 27, 2015> |
| (9) | The Minister of National Defense shall conduct an environmental pollution analysis for places for demilitarization of ammunitions every three years: Provided, That the Minister of National Defense shall close places for demilitarization of ammunitions which are no longer used for the scrap of ammunitions, conduct an environmental pollution analysis, and decontaminate environmental pollution based on the results thereof. |
[This Article Newly Inserted by Act No. 9559, Apr. 1, 2009]
| (1) | The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or commodities management officers may, when they have agreed on leasing munitions by a contract for the manufacture, repair and other construction of munitions, lease them. They may also lease munitions free of charge or at a cost, as prescribed by Presidential Decree if it is deemed that such lease does not cause any particular hindrance to the management and operations of the national defense agencies or respective armed forces. |
| (2) | The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or commodities management officers, other than the Minister of National Defense, shall, when they intend to lease munitions under paragraph (1), obtain prior approval of the Minister of National Defense in cases prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraph (2), the heads of national defense agencies and the Chiefs of Staff of the respective armed forces, other than the Minister of National Defense may lease munitions in any of the following cases, and when they have leased the munitions, they shall report the result thereof to the Minister of National Defense: Provided, That the same shall not apply to repair parts and components for the first article of major complete equipment and major organic equipment: |
| 1. | Where they lease munitions pursuant to a treaty, agreement, etc. entered into with the relevant country when conducting joint training, operations or other joint duties with foreign armed forces; |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or commodities management officers may not exchange the munitions under their jurisdiction or which they manage with those owned by persons, other than the State: Provided, That they may exchange them, as prescribed by Presidential Decree, when such exchange is especially advantageous to or necessary for the management and operations of the national defense agencies or respective armed forces, or national projects.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
SECTION 5 Inventory Inspections and Adjustment
| Article 17 (Inventory Inspections) |
The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or commodities management officers shall conduct inventory inspections of munitions under their control on a regular or recurring basis, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 18 (Inventory Adjustments) |
The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or commodities management officers shall, when the increase or decrease of the munitions results from clerical errors or other reasons equivalent thereto as a result of conducting an inventory inspection under Article 17, make an adjustment thereof, as prescribed by Presidential Decree: Provided, That where commodities management officers make an adjustment of inventories, they shall obtain the approval of the heads of national defense agencies or the Chiefs of Staff of the respective armed forces to whom they belong. [This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 19 (Follow-Up Reports on Inventory Adjustments) |
The heads of national defense agencies, Chiefs of Staff of the respective armed forces, or commodities management officers, other than the Minister of National Defense, shall, when they have adjusted inventories under Article 18, report it to the Minister of National Defense, as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 20 Deleted. <by Act No. 9559, Apr. 1, 2009> |
| Article 21 (Service Life) |
The Minister of National Defense shall specify and manage the service life which forms the basis thereof, in respect of the munitions requiring depreciation, etc.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
SECTION 6 Natural Wear and Tear, and Disposition of Damage and Loss
| Article 22 (Natural Wear and Tear) |
| (1) | Munitions with wear and tear caused by long-term storage or transportation, or any other inevitable ground may be disposed of, on the ground of natural wear and tear. |
| (2) | The scope and rate of munitions that may be disposed of due to natural wear and tear under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Minister of National Defense shall, when the munitions under the Minister's jurisdiction becomes naturally worn and torn, notify the Board of Audit and Inspection thereof, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 23 (Disposition of Damage and Loss) |
The commodities management officer shall, when the officer has lost or damaged the munitions under the officer's control, adjust them as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
SECTION 7 Government-Supplied Munitions
| Article 24 (Risk Guarantee on Government-Supplied Munitions) |
A contracting official shall require a contract partner to take a necessary guarantee measure to prevent the risk of losing or damaging government-supplied munitions, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 25 (Return Rates of Government-Supplied Munitions) |
The wear and tear of government-supplied munitions is acceptable to the reasonable extent, and their return rates after being manufactured, repaired or constructed shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
CHAPTER IV SPECIAL CASES ON MANAGEMENT OF MUNITIONS
SECTION 1 Military Aid Goods
| Article 26 (Military Aid Goods) |
This Act shall apply mutatis mutandis to the management of the munitions provided free of charge by the United States of America under the Mutual Defense Treaty between the Republic of Korea and the United States of America, and other munitions provided by other foreign countries, unless otherwise specially prescribed in the said Treaty.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
SECTION 2 Special Cases in Wartime, etc.
| Article 27 (Special Cases in Wartime) |
The management of munitions in wartime or armed conflict shall be stipulated by a separate Act.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 27-2 (Special Cases concerning Leased and Transferred Munitions) |
The money received by leasing or transferring munitions pursuant to a treaty or agreement entered into with a relevant country when conducting joint training, operations or other duties with foreign armed forces may be directly used solely for the purchase of items the same as those provided for the foreign armed forces.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
CHAPTER V RESPONSIBILITIES
| Article 28 (Responsibilities of Commodities Management Officials) |
| (1) | A commodities management officer, commodities operating officer, or person who takes partial charge thereof or the officer's agent shall, when he/she causes loss to the State intentionally or due to gross negligence, in violation of his/her duties when performing their official duties, be responsible for compensating for such loss, as separately prescribed by the Act. |
| (2) | A commodities management officer, person who takes partial charge thereof or agent shall, when he/she loses or damages the munitions under his/her custody, be responsible for compensating therefor, as separately prescribed by the Act, if he/she fails to prove that he/she has not been negligent in performing his/her duties in good faith. |
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 29 (Responsibilities of Public Officials, etc, Using Commodities) |
Public officials who use or lease munitions shall, when they lose or damage munitions intentionally or due to gross negligence, be responsible for compensation therefor, as separately prescribed by the Act.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
CHAPTER VI RECORDS AND REPORT
| Article 30 (Keeping of Books) |
A commodities management officer, commodities accounting officials, and the commodities operating officer shall keep books, and record necessary matters therein, as prescribed by Ordinance of the Ministry of National Defense.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 31 (Preparation of Commodities Management and Operation Reports) |
In respect of important conventional items prescribed by Presidential Decree, the Minister of National Defense shall prepare a commodities management and operation report by each national defense agency and armed forces, and submit it to the Minister of Strategy and Finance by no later than February 20 of the following year.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
The Minister of National Defense and the Chiefs of Staff of the respective armed forces shall audit the management of munitions on a regular or recurring basis, as prescribed by Ordinance of the Ministry of National Defense.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 33 Deleted. <by Act No. 9559, Apr. 1, 2009> |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 34 (Commodities to which This Act Applies Mutatis Mutandis) |
This Act shall apply mutatis mutandis to commodities, other than the munitions stored by the national defense agencies and respective armed forces, and the scope thereof and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9559, Apr. 1, 2009]
| Article 35 (Exclusion of Application) |
| (2) | Part of this Act may not be applied to the management of munitions acquired with government agency operating expenses under Article 24 of the Management of the National Funds Act and other commodities prescribed by Presidential Decree, as prescribed by Presidential Decree. |
| Article 36 Deleted. <by Act No. 9559, Apr. 1, 2009> |
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2631, Oct. 10, 1973>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3947, Nov. 28, 1987>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 4248, Aug. 1, 1990>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 6836, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9559, Apr. 1, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) |
| (2) | (Transitional Measures concerning Preparation of Management and Operation Reports on Commodities) The preparation of a management and operation report on commodities shall be governed by the former provisions until the national accounting standards under Article 11 of the National Accounting Act enter into force, notwithstanding the amended provisions of Article 31. |
ADDENDUM <Act No. 10822, Jul. 14, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 12401, Mar. 11, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13240, Mar. 27, 2015>
This Act shall enter into force six months after the date of its promulgation.