MILITARY PERSONNEL REMUNERATION ACT
Act No. 1338, May 1, 1963
Amended by Act No. 2628, Oct. 10, 1973
Act No. 2729, Dec. 26, 1974
Act No. 2941, Dec. 22, 1976
Act No. 3113, Dec. 5, 1978
Act No. 3204, Dec. 28, 1979
Act No. 3303, Dec. 31, 1980
Act No. 3494, Dec. 31, 1981
Act No. 3696, Dec. 31, 1983
Act No. 4091, Mar. 25, 1989
Act No. 4142, Dec. 21, 1989
Act No. 4581, Dec. 9, 1993
Act No. 4685, Dec. 31, 1993
Act No. 4839, Dec. 31, 1994
Act No. 5454, Dec. 13, 1997
Act No. 6290, Dec. 26, 2000
Act No. 8150, Dec. 30, 2006
Act No. 8843, Jan. 17, 2008
Act No. 9173, Dec. 26, 2008
Act No. 10703, May 24, 2011
Act No. 11634, Mar. 22, 2013
Act No. 12402, Mar. 11, 2014
Act No. 14183, May 29, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning remuneration of military personnel.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 2 (Scope of Application) |
| (1) | This Act shall apply to military personnel in active service or enlisted (excluding those called to arms for military force mobilization training and for military education) and cadets of Reserve Officers' Training Corps (referring to cadets of Reserve Officers' Training Corps under Article 57 (2) of the Military Service Act; hereinafter the same shall apply) under training at a military base. <Amended by Act No. 9173, Dec. 26, 2008; Act No. 14183, May 29, 2016> |
| (2) | No military person shall receive or request any remuneration by money or in kinds, etc. except remuneration under this Act. |
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 3 (Methods of Salary Payment) |
| (1) | Except as expressly prescribed in other statutes, a salary shall be paid in cash or via a demand deposit account. |
| (2) | A salary shall be paid directly to a person himself/herself; however, where a salary cannot be paid to a person himself/herself due to the moving, sailing, or other unavoidable reasons, a salary may be paid to another person designated by the person himself/herself. |
[This Article Wholly Amended by Act No. 12042, Mar. 11, 2014]
| Article 4 (Calculation, etc. of Salary) |
The calculation of salary, payment date, and other matters necessary for payment of salary in addition to matters prescribed in this Act shall be prescribed by Presidential Decree. <Amended by Act No. 11634, Mar. 22, 2013>
[This Article Wholly Amended by Act No. 9173, Dec, 26, 2008]
| Article 5 Deleted. <by Act No. 11634, Mar. 22, 2013> |
| Article 6 (Classification of Remuneration) |
| (1) | Remuneration may be classified into basic pay and special pay. |
| (2) | The term "basic pay" in paragraph (1) means a salary paid in remuneration for military service and stipends under Articles 13 and 14, and the term "special pay" means stipends under Articles 16, 17, and 17-2 paid for special service or paid to raise the morale. <Amended by Act No. 11634, Mar. 22, 2013> |
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| (1) | The salary of a military person shall be paid as prescribed by Presidential Decree. <Amended by Act No. 12402, Mar. 11, 2014> |
| (2) | Standards for the calculation of amounts of salary shall be determined at the time of the compilation of the budget every year. |
| (3) | Deleted. <by Act No. 11634, Mar. 22, 2013> |
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 8 (Classification of Salary Class and Raises in Salary) |
| (1) | Classification of a raise in salary by rank (hereinafter referred to as "salary class") and the standards thereof shall be as specified in attached Table 2 according to the period of service. |
| (2) | The arrangement of salary class of a person who is promoted to a higher rank shall be as specified in attached Table 2: Provided, That where the amount of new salary is less than the amount of salary before he/she is promoted, notwithstanding the period of service specified in attached Table 2, the salary class of a large sum closest to the amount of salary before he/she is promoted shall be granted to him/her. |
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 9 (Grant of Initial Salary Class) |
A person who is appointed as an officer, warrant officer or noncommissioned officer shall be granted a first-class salary of the relevant rank as his/her initial salary class, respectively: Provided, That a person who falls under any of the following subparagraphs may be granted the initial salary class determined by adding or adjusting his/her academic background or career before his/her appointment to the period of service by regarding it as the period of service after converting the relevant academic background or career to the period of service as prescribed by Presidential Decree: <Amended by Act No. 10703, May 24, 2011>
| 2. | A person who is appointed as an officer, warrant officer or noncommissioned officer from an officer, warrant officer, noncommissioned officer or soldier; |
| 3. | A person who has been engaged in the field of specialization or technology and is appointed as a warrant officer of a branch of the service directly related to such field; |
| 4. | A person who is appointed as officer, warrant officer or noncommissioned officer after completing a course of study in schools at all levels in armed forces established under statutes; |
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 10 (Additional Salary) |
A salary added by a raise in salary between salary classes shall be paid to a person who serves in excess of the age limit for active service under Article 8 of the Military Personnel Management Act and a person who serves in excess of the highest salary class of the relevant rank in cases of a national emergency, such as wartime, incident. etc., whenever the period of a raise in salary of the highest salary class lapses. [This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 11 (Calculation of Period of Service) |
| (1) | The period of service under Articles 7 and 8 shall be reckoned from the date a person is appointed as an officer, warrant officer or noncommissioned officer, respectively. |
| (2) | The period falling under any of the following subparagraphs shall not be included in the period of service: |
| 1. | A period of desertion or decampment without permission; |
| 2. | A period of leave of absence or suspension from office; |
| 3. | A period of detention or solitary confinement in a guardhouse. |
| (3) | Notwithstanding paragraph (2) 2, a period of leave of absence from office provided for in Article 48 (3) 4 of the Military Personnel Management Act shall be included in the period of service: Provided, That where a period of leave of absence from office exceeds one year for one child, the first year shall be included in the period of service, and the entire period of leave of absence from office for the fourth child and every subsequent child thereafter shall be included in the period of service. <Amended by Act No. 12402, Mar. 11, 2014> |
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 12 (Cases of Payment of Half the Amount of Salary) |
Except as expressly prescribed by other statutes, a person who fails to serve in excess of six days owing to mental or physical disorder for reasons other than a war wound or injury resulting from official work or who fails to serve in excess of 30 days owing to his/her personal affairs shall be paid half the amount of his/her salary.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 12-2 (Advance Payment of Salary) |
A salary within the extent of a salary for three months may be paid in advance to a person who takes part in combat operations in wartime, an incident or state of national emergency corresponding thereto, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 13 (Family Allowances) |
| (1) | A family allowance shall be paid to an officer, warrant officer and noncommissioned officer who has a dependent. |
| (2) | The extent of payment, the amount to be paid and procedures for paying a family allowance under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 14 (Housing Allowances) |
A housing allowance may be paid to a person who lives outside the military base, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 15 Deleted. <by Act No. 9173, Dec. 26, 2008> |
| Article 16 (Specific Duty Allowances) |
A specific duty allowance shall be granted to a person engaged in duties accompanying a direct risk to life in the performance of duties, a special technician, a person who serves in a specific area, a person who serves in an airplane or ship, or a person engaged in specific training, etc., as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 17 (Combat Duty Allowances) |
A combat duty allowance shall be paid to a person who takes part in combat operations in wartime, an incident or state of national emergency corresponding thereto, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 17-2 (Bonuses and other Allowances) |
If necessary to raise the morale of military personnel, bonuses and other allowances shall be granted to military personnel, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 18 (Payment of Traveling Expenses) |
In case falling under any of the following subparagraphs, necessary money for the traveling expenses shall be paid to the relevant military person:
| 1. | An official trip, transfer, or departure for his/her new post; |
| 2. | A regular furlough of a person who resides in a military base; |
| 3. | Discharge from active service, return to home, etc. |
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 19 (Remuneration of Military Attache Stationed in Diplomatic Establishment Abroad) |
Remuneration of military personnel stationed in diplomatic establishments abroad shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
CHAPTER III SUPPLEMENTARY PROVISIONS
| Article 20 (Remuneration of Officer Candidates, etc.) |
| (1) | Remuneration of officer candidates, such as a cadet, cadet officer and cadet of Reserve Officers' Training Corps under training at a military base, etc., and candidates for noncommissioned officers shall be prescribed by Presidential Decree. <Amended by Act No. 9173, Dec. 26, 2008> |
| (2) | As warrant officer or noncommissioned officer, a person appointed as officer candidate shall be paid the amount equivalent to the amount of remuneration before he/she is appointed as officer candidate during the period of training only. |
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 21 (Grant of Annuities to Persons Discharged from Active Service, Retired from Office or Removed from Military Register) |
An annuity shall be granted to a person who is discharged from active service, who retires from office or who is removed from the military register after he/she has served faithfully in the military, as otherwise prescribed by other Acts.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 22 (Responsibilities) |
The Chief of Staff of each armed forces shall remunerate military personnel expeditiously and accurately.
[This Article Wholly Amended by Act No. 8843, Jan. 17, 2008]
| Article 23 Deleted. <by Act No. 8843, Jan. 17, 2008> |
ADDENDA
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | A military person who holds a position concurrently in addition to military service as prescribed by statutes as at the time this Act enters into force shall be paid a salary in the largest amount among the salaries. |
| (3) | Salaries and allowances prescribed by this Act shall be adjusted and conducted chronologically within five years from 1964 within budgetary limits. |
| (4) | The standards of salaries and raises in salary of warrant officers shall be adjusted simultaneously at the time this Act enters into force. However, a person, the amount of which adjusted salary is less than the amount of salary (including a duty allowance) before this Act enters into force shall be paid the amount of the previous salary. |
ADDENDUM <Act No. 2628, Oct. 10, 1973>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 and 20 shall enter into force on January 1, 1974.
ADDENDUM <Act No. 2729, Dec. 26, 1974>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 2941, Dec. 22, 1976>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1977. |
| (2) | (Transitional Measures) The basic rate of salaries in attached Table 1 (% omitted: % in attached Table 1) may apply by adjusting the same within budgetary limits by the time prescribed by Presidential Decree. |
ADDENDUM <Act No. 3113, Dec. 5, 1978>
This Act shall enter into force on January 1, 1979.
ADDENDUM <Act No. 3204, Dec. 28, 1979>
This Act shall enter into force on January 1, 1980.
ADDENDUM <Act No. 3303, Dec. 31, 1980>
This Act shall enter into force on January 1, 1982.
ADDENDA <Act No. 3494, Dec. 31, 1981>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1982. |
| (2) | (Transitional Measures) The period of service of a person punished by detention or solitary confinement in a guardhouse before this Act enters into force, and has served his/her term or is amidst his/her term shall be calculated according to the previous examples. |
ADDENDA <Act No. 3696, Dec. 31, 1983>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 4091, Mar. 25, 1989>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 4142, Dec. 21, 1989>
This Act shall enter into force on January 1, 1990.
ADDENDUM <Act No. 4581, Dec. 9, 1993>
This Act shall enter into force on January 1, 1994.
ADDENDA <Act No. 4685, Dec. 31, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994. (Proviso Omitted.)
Articles 2 through 19 Omitted.
ADDENDA <Act No. 4839, Dec. 31, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 6290, Dec. 26, 20000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8150, Dec. 30, 2006>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2007. |
| (2) | (Applicability to Grant of Initial Salary Class) The amended provisions of Article 9 shall also apply to a person appointed before this Act enters into force, who is in service. |
ADDENDUM <Act No. 8843, Jan. 17, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9173, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10703, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11634, Mar. 22, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12402, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation.
Article 2 (Applicability to Calculation of Period of Service)
The amended provisions of Article 11 (3) shall apply to the calculation of a period of leave of absence from office for the fourth child and every subsequent child thereafter of a military person in a period of leave of absence from office, and of a military person returning to work after taking a leave of absence for the same reason, as provided for in Article 48 (3) 4 of the Military Personnel Management Act at the time this Act enters into force.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.