Law Viewer

Back Home

ENFORCEMENT DECREE OF THE NATIONAL DEFENSE REFORM ACT

Presidential Decree No. 19961, Mar. 27, 2007

Amended by Presidential Decree No. 20675, Feb. 29, 2008

Presidential Decree No. 20974, Aug. 26, 2008

Presidential Decree No. 21915, Dec. 30, 2009

Presidential Decree No. 22412, Oct. 1, 2010

Presidential Decree No. 22687, Mar. 2, 2011

Presidential Decree No. 23007, Jul. 1, 2011

Presidential Decree No. 23568, Jan. 31, 2012

Presidential Decree No. 24161, Nov. 6, 2012

Presidential Decree No. 24254, Dec. 27, 2012

Presidential Decree No. 24413, Mar. 23, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 26771, Dec. 30, 2015

Presidential Decree No. 27619, Nov. 29, 2016

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28266, Sep. 5, 2017

Presidential Decree No. 28475, Dec. 19, 2017

Presidential Decree No. 29114, Aug. 21, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the National Defense Reform Act and those necessary for said Act.
 Article 2 (Alteration of Basic Plan for National Defense Reform)
When the Minister of National Defense intends to alter a basic plan for national defense reform by reflecting the results of analysis and evaluation of the performance outcomes of national defense reform in such plan pursuant to Article 5 (3) of the National Defense Reform Act (hereinafter referred to as “Act”), he or she shall refer it to the National Defense Reform Committee under Article 6 of the Act (hereinafter referred to as “Committee”) for deliberation.
 Article 3 (Formulation of Implementation Plan for National Defense Reform)
(1) An implementation plan for national defense reform under Article 5 (3) of the Act (hereinafter referred to as “implementation plan”) shall be formulated by the method of being classified into an implementation plan for national defense policy and operational renovation, and an implementation plan for military structure reform, and shall include the following matters:
1. Implementation goals;
2. Detailed tasks to be implemented;
3. Required financial resources for each task to be implemented;
4. Implementation schedules;
5. Managing departments and related departments of each task;
6. Other important matters necessary for implementing national defense reform.
(2) When the Minister intends to formulate an implementation plan, he or she shall refer it to the Committee for deliberation.
 Article 4 (Composition of National Defense Committee)
(1) Vice Ministers or higher ranking public officials of relevant central administrative agencies under Article 8 (2) of the Act shall refer to the following persons. In such cases, where an agency has two or more Vice Ministers, the head of such agency shall designate any one of the Vice Ministers: <Amended by Presidential Decree No. 24413, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
1. Vice Minister of Strategy and Finance;
2. Vice Minister of Education;
3. Vice Minister of Science and Information and Communications Technology (ICT);
4. Vice Minister of Foreign Affairs;
5. Vice Minister of Unification;
6. Vice Minister of National Defense;
7. Vice Minister of the Interior and Safety;
8. Vice Minister of Trade, Industry and Energy;
9. Vice Minister of Land, Infrastructure and Transport;
10. Vice Minister of Government Policy Coordination;
11. Vice Minister of Patriots and Veterans Affairs;
12. Commissioner of the National Police Agency;
13. Commissioner of the Korea Coast Guard.
(2) Where experts in national defense or security are commissioned as members of the Committee pursuant to Article 8 (2) of the Act, the number thereof shall not exceed three.
(3) The term of office of the members commissioned pursuant to paragraph (2) shall be three years and may be consecutively renewed only once.
 Article 5 (Operation of Committee)
(1) The chairperson of the Committee (hereinafter referred to as “chairperson”) shall represent the Committee and exercise overall control over the affairs of the Committee.
(2) The Vice Minister of National Defense shall serve as vice chairperson, who shall act on behalf of the chairperson, where the chairperson is unable to perform his or her duties due to any unavoidable reason.
(3) The chairperson shall convene and preside over meetings of the Committee.
(4) When the chairperson intends to convene a meeting, he or she shall determine the date, location, and agenda of the meeting and notify such details in writing to each Member by not later than seven days before the opening of the meeting: Provided, That in cases of emergency, he or she may make an oral notification within seven days.
(5) The meeting of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(6) One secretary shall be assigned to the Committee to deal with administrative affairs of the Committee, and either a public official belonging to the Senior Civil Service Corps or a general-grade officer designated by the Chairperson shall serve as secretary. <Amended by Presidential Decree No. 28266, Sep. 5, 2017>
(7) The Committee may, if deemed necessary for performing its duties, require the heads of the relevant central administrative agencies, research institutes, or organization to submit materials or opinions and may request the public officials or experts concerned to appear before the Committee to hear their opinions.
(8) Allowances and travel expenses may be paid, within budgetary limits, to committee members or experts who attend the meeting of the Committee: Provided, That this shall not apply where members who are public officials or public officials concerned attend such meeting with direct regard to the affairs within their jurisdiction.
(9) Except as provided in this Decree, matters necessary for operating the Committee shall be prescribed by chairperson via a resolution of the Committee.
 Article 6 (Reporting of Results of Advancement of National Defense Reform)
The Minister of National Defense shall report the performance outcomes of national defense reform and the future plan therefor under Article 9 of the Act to the President and the National Assembly by the end of February after deliberation of the Committee.
 Article 7 (Increase of Recruitment of Non-Military Public Officials Belonging to Ministry of National Defense)
(1) The Minister of National Defense shall, progressively year after year, increase the ratio of non-military public officials belonging to the Ministry of National Defense pursuant to Article 11 of the Act, by respectively setting at least 70/100 of the prescribed numbers of each class of the Ministry of National Defense (excluding the prescribed number of affiliated institutions of the Ministry of National Defense) as the target ratios of 2009. This shall also apply where such prescribed numbers increase or decrease as a result of reorganization of the office.
(2) The classes under paragraph (1) shall be divided into the director general class, team head class, and person in charge class, and the scopes thereof shall be determined by the Minister of National Defense.
(3) Paragraphs (1) and (2) shall not apply to the organization in charge of implementing national defense reform.
(4) The Minister of National Defense shall reflect detailed schemes for increasing the recruitment of non-military public officials in the implementation plans, and shall devise necessary measures to ensure the recruitment of persons equipped with expertise in the field of national defense, national security, etc.
 Article 8 (Measures to Expand Utilization of Civilian Human Resources)
(1) The Minister of National Defense shall, progressively year after year, increase the ratio of civilian military employees up to the level of 6/100 of the prescribed total number of military personnel by 2020, in order to expand utilization of civilian human resources in military units and organs of the Armed Forces of the Republic of Korea pursuant to Article 13 of the Act.
(2) Fields subject to expansion of utilization of civilian human resources under paragraph (1) shall, in principle, be military logistics, administration, and education and training.
(3) The Minister of National Defense shall formulate and implement detailed plans necessary for expanding utilization of civilian military resources.
(4) A detailed plan under paragraph (3) shall include the following matters:
1. Expansion goals for each year and for each class;
2. Required financial resources;
3. Implementation schedule;
4. Other matters necessary for expanding utilization of civilian human resources.
 Article 9 (Increase of Female Soldiers by Military Branch of Armed Forces and by Year)
(1) The Minister of National Defense shall, progressively year after year, increase the number of female soldiers pursuant to Article 16 of the Act, and the goal for ratio of female soldiers to be kept by 2010 and by 2015 shall be as follows:
1. Ratio of female soldiers by 2010:
(a) Female officers: 44/1000 of the prescribed number of officers;
(b) Female noncommissioned officers: 29/1000 of the prescribed number of noncommissioned officers;
2. Ratio of female soldiers by 2015:
(a) Female officers: 57/1000 of the prescribed number of officers;
(b) Female noncommissioned officers: 41/1000 of the prescribed number of noncommissioned officers.
(2) The Minister of National Defense shall formulate and implement detailed plans necessary for increasing the ratio of female soldiers.
(3) A detailed plan under paragraph (2) shall include the following matters:
1. Ratios of female soldiers to be increased by each military branch of the Armed Forces and by year;
2. Surveying demand for positions requiring female soldiers;
3. Schedules for increasing the number of female soldiers by each military branch of the Armed Forces by year;
4. Other matters necessary for increasing the number of female soldiers.
 Article 10 (Designation of Joint Positions)
(1) The positions requiring integration, expertise, and other qualities referred to in Article 19 (2) of the Act shall be as follows:
1. Positions for performing consolidated military strength development and operations related to at least two military branches among the Army, Navy, and Air Force;
2. Positions for providing support for combined or joint operations;
3. Other positions deemed by the Minister of National Defense necessary for strengthening the jointness of the Korean Armed Forces.
(2) A specialized qualification, such as a joint specialty under Article 19 (3) of the Act, shall be granted to an officer falling under any of the following:
1. A person who has worked in a joint position for at least one year and six months;
2. A person who has worked in a joint position, from among the persons who have ever completed a basic course established in the Joint Forces Staff College or an overseas military course corresponding thereto;
3. Other persons deemed by the Chief of Staff of the Army, Navy, or Air Force to meet the requirements corresponding to those prescribed in subparagraph 1 or 2;
(3) The Chief of Staff of each military branch of the Armed Forces shall ensure that an officer who is granted a specialized qualification, such as a joint specialty, pursuant to paragraph (2) be preferentially assigned to a joint position.
(4) Other necessary matters concerning the operation, etc. of joint positions shall be prescribed by the Minister of National Defense.
 Article 11 (Operation of Jointness Committee)
(1) The Jointness Committee shall be established under the Chairman of the Joint Chiefs of Staff for the purpose of development and advancement of capabilities for joint operation, and of smooth consultation regarding support for joint operations under Article 23 (3) of the Act.
(2) The Jointness Committee shall deliberate on the following:
1. Matters concerning joint combat advancement;
2. Matters concerning consultation and coordination related to support for joint operations;
3. Matters concerning the interoperability of weaponry systems and non-weaponry systems;
4. Matters concerning the development and advancement of joint military educational system;
5. Other matters referred to by the Chairperson for deliberation.
(3) The Jointness Committee shall be composed of nine members, including one Chairperson.
(4) The Chairperson shall be the Vice Chairman of the Joint Chiefs of Staff, and the member shall be the following persons:
1. Vice Chief of Staff of each military branch of the Armed Forces;
2. Chairman of the Joint Chiefs of Staff;
3. Vice Commander of the Marine Corps.
(5) Except as prescribed in this Decree, necessary matters concerning the operation of the Jointness Committee shall be determined by the Chairperson via a resolution of the Committee.
(6) With respect to any matter which has undergone the deliberation of the Jointness Committee among the matters which the Chairman of the Joint Chiefs of Staff recommends the Minister of National Defense to adjust pursuant to the latter part of Article 23 (3) of the Act, the Chairman shall take necessary measures according to the results of such adjustment.
 Article 12 (Reinforcement of Capabilities of Joint Operations)
(1) The Chairman of the Joint Chiefs of Staff shall, in order to develop capabilities for joint operations under Article 23 (3) of the Act, develop joint concepts and take measures necessary for reinforcing the tasks of joint combat advancement so as to effectively integrate and advance the combat capabilities of the Army, Navy, and Air Force.
(2) The Chief of Staff of each military branch of the Armed Forces shall take necessary measures, such as request for required weaponry systems and equipment and conduct of education and training, in order to improve capabilities for conducting operations by applying joint concepts.
 Article 13 (Implementation Plan for Introduction of Weapons and Equipment into Military Force System)
(1) In establishing a phased implementation plan for the introduction of major weapons and equipment into the military force system under Article 24 of the Act, national security environment, capabilities for military operations and combats, and other matters shall be taken into consideration.
(2) The Minister of National Defense may adjust the time of the reorganization of military structure under Article 23 of the Act, considering the level of the introduction of major weaponry and equipment into the military force system and other matters.
 Article 14 (Scales of Standing Troops by Year and Composition Ratios by Military Branch of Armed Forces)
(1) The Minister of National Defense shall adjust the scale of standing troops of the Armed Forces of the Republic of Korea to be 640,000 persons by 2010, and 560,000 persons by 2015, respectively, by reducing their scale progressively year after year in order to keep the level of 500,000 persons by 2020 pursuant to Article 25 (1) of the Act.
(2) The composition ratios of standing troops by military branch of the Armed Forces under Article 25 of the Act to be kept by 2020 shall be as follows:
1. Army: 742/1000;
2. Navy: 82/1000;
3. Marine Corps: 46/1000;
4. Air Force: 130/1000.
(3) The scales of standing troops by year and composition ratios by military branch of the Armed Forces under Article 25 (5) of the Act shall be specified in a basic plan for national defense reform. In such cases, the scales and composition ratios shall be proportionally allocated at a proper level to ensure the achievement of the goals under paragraphs (1) and (2); and national security environment, level of the introduction of weaponry and equipment into the military force system, required troops of each military branch of the Armed Forces, capabilities for operations and combats, level of military structure reorganization, and other matters shall be taken into consideration.
 Article 15 (Reorganization of Composition Ratio of Officers)
(1) The Minister of National Defense shall formulate a three-year detailed plan to reorganize the composition ratio of officers pursuant to Article 26 of the Act.
(2) A detailed plan under paragraph (1) shall contain the following matters:
1. Implementation targets by year;
2. Required financial resources;
3. Implementation schedule;
4. Other matters necessary for reorganizing the ratio of officers.
 Article 16 (Adjustment of Scale of Reserve Forces and Keeping Elite Reserve Forces)
(1) The scale of reserve forces under Article 27 of the Act shall be specified in a basic plan for national defense reform, considering national security environment, level of military structure reorganization, progressive annual adjustment scale of standing troops, required military force for homeland defense, and other matters.
(2) The Minister of National Defense shall take necessary measures in order to secure, by 2020, the weaponry, equipment, and combat reserve stocks necessary for improving the combat capabilities of reserve forces.
(3) The commanding officer of a delegated military unit under subparagraph 2 of Article 2 of the Enforcement Decree of the Reserve Forces Act may request the head of the relevant local government to give assistance necessary for managing and utilizing mobilized resources at war or peace time and operating an organization for training reserve forces (hereinafter referred to as “reserve forces management organization”). <Amended by Presidential Decree No. 22687, Mar. 2, 2011; Presidential Decree No. 27619, Nov. 29, 2016>
(4) The Minister of National Defense shall take necessary measures so that, for the purpose of operating the reserve forces management organization, the commander thereof and personnel assisting the commander can be appointed from among civilian employees in general military service with a general fixed term pursuant to the relevant statutes or regulations. <Amended by Presidential Decree No. 28475, Dec. 19, 2017>
 Article 17 (Time to Transfer Mission of Vigilance along Coasts)
(1) The target year of completing the transfer of the mission of vigilance performed by the Armed Forces along coasts and at harbors, etc. pursuant to Article 28 of the Act shall be 2020: Provided, That the target year shall be 2010 in the case of the National Cemetery and Agency for Defense Development.
(2) The mission of vigilance along coasts shall be transferred to the Korea Coast Guard, and the mission of vigilance at harbors, the Incheon Airport, specific guarded areas, and specific guarded sea areas shall be transferred to public security agencies, or institutions responsible for the management and operation of the relevant facilities. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(3) The entities subject to transfer of the mission of vigilance under paragraph (1) and (2), and the time, method, and procedure therefor shall be determined by the Minister of National Defense in consultation with the relevant agencies (referring to the Ministry of Strategy and Finance, Ministry of the Interior and Safety, National Police Agency, and Korea Coast Guard; hereinafter the same shall apply), considering the implementation schedule of the military structure reorganization and the securing of manpower and equipment of the agencies to which the mission of vigilance is transferred. In such cases, such relevant agencies shall give support and cooperation for such task. <Amended by Presidential Decree No. 20675, Feb. 29, 2008; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(4) The Minister of National Defense and the relevant agency shall prepare a written agreement on the matters regarding which agreement on the mission of vigilance is reached.
 Article 18 (Designation of Positions of Military Personnel Established under Joint Chiefs of Staff and Rotating Assignment)
(1) The common positions and essential positions established under the Joint Chiefs of Staff pursuant to Article 29 (4) of the Act shall be designated by the Minister of National Defense on the recommendation of the Chairman of the Chiefs of Staff.
(2) In designating common positions and essential positions pursuant to paragraph (1), for the balanced development and jointness of the military branches of the Armed Forces and the maximization of the consolidated military strength thereof, the positions to which the officers of each military branch may be commonly assigned shall be determined as common positions, and the positions for which greater performance efficiency can be secured when the officers of any specific military branch are assigned thereto shall be determined as essential positions, but the designation of essential positions shall be kept at a minimum level.
(3) In the case of the common positions of the Joint Chiefs of Staff to which general-grade officers shall be assigned, the officers of the same military branch shall not be assigned to the same common positions three or more consecutive times: Provided, That if deemed necessary in consideration of the national security environment and the operation of military human resources, the Minister of National Defense may make an exception for the positions of the Chairman and Vice Chairman of the Joint Chiefs of Staff. <Amended by Presidential Decree No. 28266, Sep. 5, 2017>
(4) In the case of the common positions of the Joint Chiefs of Staff to which colonels shall be assigned, the officers of the same military branch shall not be assigned to the same common positions three or more consecutive times: Provided, That this shall not apply, if deemed necessary in consideration of the expertise and specialty of such position and the conditions of operation of military human resources. <Newly Inserted by Presidential Decree No. 22412, Oct. 1, 2010>
 Article 19 (Rotating Assignment of Commanding Officers of Military Units under Direct Control of Ministry of National Defense)
(1) The Minister of National Defense shall appoint the commanding officers of the following military units or organs in rotation from military branches of the Armed Forces pursuant to Article 30 of the Act, but shall not assign the officers belonging to the same military branch to the same position three or more consecutive times: Provided, That this shall not apply if deemed necessary in consideration of the expertise and special characteristics of such position and the conditions of operation of military human resources: <Amended by Presidential Decree No. 20974, Aug. 26, 2008; Presidential Decree No. 21915, Dec. 30, 2009; Presidential Decree No. 23007, Jul. 1, 2011; Presidential Decree No. 23568, Jan. 31, 2012; Presidential Decree No. 24161, Nov. 6, 2012; Presidential Decree No. 24254, Dec. 27, 2012; Presidential Decree No. 26771, Dec. 30, 2015; Presidential Decree No. 29114, Aug. 21, 2018>
1. Director of the Korea Defense Intelligence Agency;
2. President of the Korea National Defense University;
3. Commander of the Defense Security Support Command;
4. Commander of the Armed Forces Medical Command;
5. Commander of the Defense Intelligence Command;
6. Commander of the 777 Command;
7. Commander of the Criminal Investigation Command;
8. Commander of the Defense Installations Agency;
9. Commander of the MND (Ministry of National Defense) Service Support Group;
10. Chief Judge of the High Court for Armed Forces;
11. Commander of the Korea Armed Forces Athletic Corps;
12. Commander of the Gyeryongdae Service Support Group;
13. Commander of the Republic of Korea Transportation Command;
14. Commander of the Defense Command Communication Forces;
15. Commander of the Armed Force CBRN Defense Command;
16. Commander of the MND (Ministry of National Defense) Welfare Agency;
17. Commander of the Financial Management Corps;
18. President of the Joint Forces Military University;
19. Commander of the Defense Combat Readiness Inspection Corps;
20. President of the Defense Agency for Spiritual and Mental Force Enhancement.
(2) The commanding officer and deputy commanding officer (referring to the chief of staff where a deputy commanding officer is not assigned) of the military units and organs under the direct control of the Ministry of National Defense and joint military units which are commanded by general-grade officers shall, unless it is deemed necessary in consideration of the operation of military human resources, be respectively appointed from among different military branches of the Armed Forces, but one person thereof shall be appointed from among the Army. <Amended by Presidential Decree No. 28266, Sep. 5, 2017>
ADDENDUM
(1) (Enforcement Date) This Decree shall enter into force on March 29, 2007.
(2) (Applicability to Rotating Assignment) Article 18 (3) and Article 19 (1) shall apply, beginning with the first person who is assigned after this Decree enters into force.
(3) (Special Cases concerning Balanced Formation) The Minister of National Defense may, progressively year after year, implement the balanced formation of commanding officers by December 31, 2010.
ADDENDA <Presidential Decree No. 20675, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20974, Aug. 26, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21915, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 22412, Oct. 1, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22687, Mar. 2, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23007, Jul. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23568, Jan. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24161, Nov. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2012.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24254, Dec. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2013.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24413, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among Presidential Decrees amended pursuant to Article 5 of this Addenda, the provisions amending a Presidential Decree which was promulgated before this Decree enters into force, but the enforcement date of which has not yet arrived, shall enter into force on the enforcement date of such Presidential Decree.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26771, Dec. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27619, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among Presidential Decrees amended pursuant to Article 8 of this Addenda, the provisions amending a Presidential Decree which was promulgated before this Decree enters into force, but the enforcement date of which has not yet arrived, shall enter into force on the enforcement date of such Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28266, Sep. 5, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28475, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 21, 2017.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 29114, Aug. 21, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2018.
Articles 2 through 4 Omitted.