ACT ON THE CONTROL OF MILITARY UNIFORMS AND ACCOUTERMENTS
Wholly Amended by Act No. 7933, Apr. 28, 2006
Amended by Act No. 10106, Mar. 17, 2010
Act No. 12555, May 9, 2014
Act No. 13395, Jul. 20, 2015
Act No. 13772, Jan. 19, 2016
Act No. 15497, Mar. 20, 2018
The purpose of this Act is to contribute to the prevention of the diversion of military supplies for unauthorized purposes and the maintenance of the dignity of the armed forces in furtherance of the efficient performance of missions of the armed forces by regulating the manufacture, distribution, wearing, and use of military uniforms and accoutrements.
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 13395, Jul. 20, 2015>
| 1. | The term "military uniforms" means military headwear, uniforms, military shoes, rank insignia, badges, and belt for identification friend or foe under Article 47-3 of the Military Personnel Management Act and special military uniforms specified by Ordinance of the Ministry of National Defense; |
| 2. | The term "military accoutrements" means articles specified by Ordinance of the Ministry of National Defense among accoutrements with a mark indicating that they are for military use in the form of ordinary goods under the Act on the Management of Military Supplies; |
| 3. | The term "unauthorized military uniforms" means articles specified by Ordinance of the Ministry of National Defense among those that are similar to military uniforms in form, colors, or style which are extremely difficult to discern from military uniforms by appearance. |
| Article 3 (Permission for Manufacture and Distribution) |
| (1) | A person who intends to engage in the manufacture or distribution of military uniforms or military accoutrements (referred to as the "manufacturing or distribution business" hereinafter) shall be equipped with facilities specified by Presidential Decree, determine the kinds of the military uniforms or accoutrements that he/she intends to manufacture or distribute, and obtain permission from the Minister of National Defense therefor. The foregoing shall also apply where a person intends to make a modification in the permitted kinds of military uniforms or accoutrements. |
| (2) | The Minister of National Defense shall notify an applicant of whether the permission is granted within 40 days after the date when application for permission or permission for modification under paragraph (1) is filed. <Newly Inserted by Act No. 15497, Mar. 20, 2018> |
| (3) | Where the Minister of National Defense fails to notify an applicant of whether the permission is granted within the period provided for in paragraph (2) or that the processing period is extended in accordance with the statutes related to handling civil petitions, the permission is deemed granted the day after the extended period (where the processing period is extended or re-extended pursuant to statutes related to handling civil petitions, referring to the relevant processing period) ends. <Newly Inserted by Act No. 15497, Mar. 20, 2018> |
| (4) | Necessary conditions may be attached to the permission under paragraph (1). <Amended by Act No. 15497, Mar. 20, 2018> |
| (5) | The conditions under paragraph (4) and other necessary matters concerning the permission shall be prescribed by Presidential Decree. <Amended by Act No. 15497, Mar. 20, 2018> |
| Article 4 (Grounds for Disqualification) |
A person who falls under any of the following subparagraphs shall not be qualified for permission for a manufacturing or distribution business: <Amended by Act No. 13772, Jan. 19, 2016>
| 1. | A person in whose case three years have not passed since a sentence of imprisonment with prison labor imposed for a violation of this Act was completely executed (including cases where such a sentence is deemed to have been completely executed) or discharged or a person who is still under the suspension of the execution of a sentence of imprisonment; |
| 2. | A person under adult guardianship, or under limited guardianship; |
| 3. | Deleted; <by Act No. 13772, Jan. 19, 2016>; |
| 4. | A person in whose case three years have not passed since his/her permission was revoked pursuant to Article 5: Provided, That a permission revoked under subparagraph 2 of this Article shall be excluded; |
| 5. | A corporation that has an executive officer who falls under any of subparagraphs 1 through 3. |
| Article 5 (Revocation, etc. of Permission) |
| (1) | Where a manufacturing or distribution business entity falls under any of the following subparagraphs, the Minister of National Defense may cancel the permission for the manufacturing or distribution business or suspend its business for a prescribed period not exceeding six months: Provided, That if it falls under subparagraph 1, 2, or 5, the permission shall be revoked: |
| 1. | Where the business entity does not commence its business within one year from the date on which permission is granted or has not continued its business for one year or more; |
| 2. | Where the business entity obtains permission or permission for modification by fraud or other wrongful means; |
| 3. | Where the business entity violates a condition attached to the permission; |
| 4. | Where the business entity fails to satisfactorily maintain the facility standards required for such permission; |
| 5. | Where the business entity comes to fall under any subparagraph of Article 4: Provided, That the foregoing shall not apply to cases where a corporation under subparagraph 5 of the aforesaid Article removes the executive officer at issue or replaces such executive officer with another person within three months; |
| 6. | Where the business entity violates any provision of Articles 6 through 8; |
| 7. | Where the business entity refuses to submit a report or data under Article 10 or interferes with or evades an inspection. |
| (2) | The Minister of National Defense shall hold a hearing when he/she intends to revoke permission pursuant to paragraph (1). |
| Article 6 (Bookkeeping and Maintenance of Account Books) |
| (1) | A manufacturing or distribution business entity shall maintain account books on manufacturing or distribution with the following matters recorded therein at its place of business: |
| 1. | The year, month, and date of manufacturing or distribution; |
| 2. | The items and quantity manufactured or distributed; |
| 3. | The address, name, age, and resident registration number of each purchaser (referring to the assigned post, rank, military identification number, name, and age, if a purchaser is a military person); |
| 4. | Other matters specified by Presidential Decree. |
| (2) | Necessary matters concerning the bookkeeping and maintenance of account books under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense. |
| Article 7 (Prohibition of Lending of Title) |
No manufacturing or distribution business entity shall lend its own business title to another person.
| Article 8 (Prohibition of Manufacturing or Distribution of Military Uniforms, etc.) |
| (1) | No one shall manufacture or distribute military uniforms or accoutrements for persons who are not permitted to wear or use military uniforms or accoutrements or possess military uniforms or accoutrements with intent to sell those military uniforms or accoutrements. |
| (2) | No one shall manufacture or distribute unauthorized military uniforms or possess unauthorized military uniforms with intent to sell those military uniforms: Provided, That the foregoing shall not apply where it is intended to use such uniforms for any of the following purposes: |
| 1. | Where unauthorized military uniforms are used for cultural or art activities or a ceremonial event specified by Ordinance of the Ministry of National Defense; |
| 2. | Where wearing, using, or carrying unauthorized military uniforms is permitted by other statutes; |
| 3. | Where unauthorized military uniforms are used for an activity specified by Ordinance of the Ministry of National Defense as one for public interest, such as an activity conducted pursuant to a policy of a State agency or a local government. |
| Article 9 (Prohibition of Wearing or Use of Military Uniforms, etc.) |
| (1) | No person other than military personnel shall wear a military uniform nor use or carry a military accoutrement. |
| (2) | No one shall wear an unauthorized military uniform for the purpose of making it difficult to discern him/her from military personnel. |
| (3) | Paragraphs (1) and (2) shall not apply to the wearing, use, or carrying under any subparagraph of Article 8 (2). |
| Article 10 (Reporting and Inspection) |
| (1) | When the Minister of National Defense considers it necessary, he/she may order a manufacturing or distribution business entity to submit a necessary report or data, as prescribed by Presidential Decree, or assign public officials in charge to enter the office, place of business, or other place of a manufacturing or distribution business entity, as may be necessary, to inspect facilities, account books, documents, and other goods or ask questions to persons concerned. |
| (2) | A public official who enters a place for inspection pursuant to paragraph (1) shall carry with him/her an identification certificate indicating his/her authority and produce it to persons concerned. |
| Article 11 (Delegation and Entrustment of Authority) |
| (1) | The Minister of National Defense may delegate his/her authority under this Act to the head of an affiliated agency under his/her control or the head of a local government, as prescribed by Presidential Decree. |
| (2) | The Minister of National Defense may entrust his/her authority under this Act to the head of another administrative agency or a related corporation or organization, as prescribed by Presidential Decree. |
| Article 12 Deleted. <by Act No. 10106, Mar. 17, 2010> |
| Article 13 (Penalty Provisions) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 12555, May 9, 2014> |
| 1. | A person who manufactures or distributes military uniforms or accoutrements, or possesses military uniforms or accoutrements with intent to sell those military uniforms or accoutrements, without the permission under Article 3 (1); |
| (2) | A person who violates Article 9 shall be punished by a fine not exceeding 100,000 won, by misdemeanor imprisonment, or by a minor fine. |
| Article 13-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
Executive officers and employees of the related corporation or organization who are engaged in affairs entrusted by the Minister of National Defense under Article 11 (2) shall be deemed public officials in applying penalty provisions in compliance with Articles 129 through 132 of the Criminal Act. [This Article Newly Inserted by Act No. 15497, Mar. 20, 2018]
| Article 14 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee, or servant of a corporation or private individual commits an offense under Article 13 in the scope of the business of the corporation or private individual, not only shall such an offender be punished accordingly, but the corporation or private individual shall be punished by the fine prescribed in the aforesaid Article: Provided, That the foregoing shall not apply to cases where the corporation or private individual has not neglected to exercise reasonable care and supervision over the business to prevent such an offense. [This Article Wholly Amended by Act No. 10106, Mar. 17, 2010]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measure concerning Permission for Manufacturing or Distribution Business) A person who holds permission granted for the manufacturing or distribution business pursuant to previous provisions at the time this Act enters into force shall be deemed to hold such permission under Article 3. |
ADDENDUM <Act No. 10106, Mar. 17, 2010>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 14 shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12555, May 9, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13395, Jul. 20, 2015>
This Act shall enter into force on the date of its promulgation
ADDENDA <Act No. 13772, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transition Measures concerning Incompetent Person, etc.)
A person for whom the declaration of incompetency or quasi-incompetency remains effective pursuant Article 2 of the Addenda to the Civil Act (Act No. 10429) shall be deemed to be included in a person under adult guardianship or under limited guardianship pursuant to the amended provision of subparagraph 2 of Article 4.
ADDENDA <Act No. 15497, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after its promulgation.
Article 2 (Applicability to Permission for Manufacture or Distribution of Military Uniforms or Accoutrements)
The amended provisions of Article 3 (2) and (3) shall apply beginning with the permission applied for after this Act enters into force.