MILITARY PERSONNEL MANAGEMENT ACT
Act No. 1006, Jan. 20, 1962
Amended by Act No. 1016, Jan. 29, 1962
Act No. 1041, Mar. 26, 1962
Act No. 1085, May 31, 1962
Act No. 1406, Sep. 24, 1963
Act No. 1576, Dec. 16, 1963
Act No. 1733, Dec. 30, 1965
Act No. 1837, Oct. 4, 1966
Act No. 1999, Mar. 18, 1968
Act No. 2295, Jan. 22, 1971
Act No. 2456, Jan. 30, 1973
Act No. 2626, Oct. 10, 1973
Act No. 2727, Dec. 26, 1974
Act No. 2979, Dec. 31, 1976
Act No. 3265, Dec. 4, 1980
Act No. 3469, Dec. 17, 1981
Act No. 3697, Dec. 31, 1983
Act No. 3802, Dec. 31, 1985
Act No. 4085, Mar. 22, 1989
Act No. 4158, Dec. 30, 1989
Act No. 4374, May 31, 1991
Act No. 4506, Dec. 2, 1992
Act No. 4685, Dec. 31, 1993
Act No. 4695, Dec. 31, 1993
Act No. 4839, Dec. 31, 1994
Act No. 5060, Dec. 29, 1995
Act No. 5267, Jan. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5703, Jan. 29, 1999
Act No. 6016, Sep. 7, 1999
Act No. 6017, Sep. 7, 1999
Act No. 6290, Dec. 26, 2000
Act No. 6291, Dec. 26, 2000
Act No. 6719, Aug. 26, 2002
Act No. 6748, Dec. 5, 2002
Act No. 6808, Dec. 26, 2002
Act No. 7085, Jan. 20, 2004
Act No. 7269, Dec. 31, 2004
Act No. 7428, Mar. 31, 2005
Act No. 7429, Mar. 31, 2005
Act No. 7852, Mar. 3, 2006
Act No. 7932, Apr. 28, 2006
Act No. 7976, Sep. 22, 2006
Act No. 8584, Aug. 3, 2007
Act No. 8732, Dec. 21, 2007
Act No. 9293, Dec. 31, 2008
Act No. 9996, Feb. 4, 2010
Act No. 10217, Mar. 31, 2010
Act No. 10703, May 24, 2011
Act No. 10824, Jul. 14, 2011
Act No. 10928, Jul. 25, 2011
Act No. 11390, Mar. 21, 2012
Act No. 11560, Dec. 18, 2012
Act No. 12747, jun. 11, 2014
Act No. 12904, Dec. 30, 2014
Act No. 13352, jun. 22, 2015
Act No. 13505, Sep. 1, 2015
Act No. 13631, Dec. 29, 2015
Act No. 13775, Jan. 19, 2016
Act No. 14180, May 29, 2016
Act No. 14421, Dec. 20, 2016
Act No. 14609, Mar. 21, 2017
Act No. 15345, Jan. 16, 2018
Act No. 16224, Jan. 15, 2019
Act No. 16354, Apr. 23, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for special exceptions to the State Public Officials Act with respect to the personnel management, service, education, training, morale, and status guarantee of military personnel, taking into consideration the significance of responsibilities and duties of military personnel and the distinct characteristics of their status and service conditions. [This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 2 (Scope of Application) |
This Act shall apply to the following persons: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14609, Mar. 21, 2017>
| 1. | Officers, warrant officers, noncommissioned officers, and enlisted personnel in active service; |
| 2. | Cadets, officer candidates, warrant officer candidates, and noncommissioned officer candidates; |
| 3. | Reservists and replacements called up for military service. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 2-2 (Basic Principles) |
When this Act applies, military personnel shall be equally treated, and no military personnel shall be discriminated without reasonable grounds.
[This Article Newly Inserted by Act No. 13505, Sep. 1, 2015]
CHAPTER II RANKS AND BRANCHES
| (1) | Officers shall be classified as follows: <Amended by Act No. 14609, Mar. 21, 2017> |
| 1. | General-grade officers: Marshal, General, Lieutenant General, Major General, and Brigadier General; |
| 2. | Field-grade officers: Colonel, Lieutenant Colonel, and Major; |
| 3. | Company-grade officers: Captain, First Lieutenant, and Second Lieutenant. |
| (2) | The rank of warrant officers shall be Warrant Lieutenant. |
| (3) | The ranks of noncommissioned officers shall be Sergeant Major, Master Sergeant, Sergeant First Class, and Staff Sergeant. |
| (4) | Enlisted ranks shall be Sergeant, Corporal, Private First Class, and Private. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 4 (Order of Precedence) |
| (1) | The order of precedence of military personnel shall be determined by the order of ranks provided for in Article 3. |
| (2) | Other necessary matters concerning the order of precedence, apart from the matters under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 5 (Branches of Service) |
| (1) | Branches of service of military personnel shall be divided into basic branches of service and special branches of service for each armed force, and the special branches of service shall be divided as follows: |
| (a) | Medical branch: Military medicine branch, dental branch, veterinary branch, medical administration branch, and nursing branch; |
| (c) | Military religious affairs branch; |
| 2. | Navy: Medical branch, legal branch and military religious affairs branch; |
| 3. | Air Force: Medical branch, legal branch and military religious affairs branch. |
| (2) | Kinds of the basic branches of service for each armed force divided under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12403, Mar. 11, 2014]
| Article 5-2 (Transference) |
| (1) | When necessary for the adjustment of manpower of the Armed Forces in time of a national emergency, such as wartime or crisis, or due to organizational reform of the military, the Minister of National Defense may transfer military personnel between the Armed Forces (hereinafter referred to as "transference") for continuing service. |
| (2) | No persons transferred for continuing service pursuant to paragraph (1) shall be treated unfavorably on the ground of transference. |
| (3) | The compulsory service period of persons transferred for continuing service shall remain the same as their compulsory service period before the transference: Provided, That if the compulsory service period before transference is longer than the compulsory service period of the armed forces to which a person is transferred, the compulsory service period of the Armed Forces to which the person is transferred shall be deemed the person's compulsory service period. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 6 (Classification of Service) |
| (1) | Officers shall be classified as long-term service officers and short-term service officers. |
| (2) | Long-term service officers are as follows: <Amended by Act No. 12403, Mar. 11, 2014> |
| 1. | Persons who graduated from a military academy; |
| 2. | Judge advocates referred to in subparagraph 1 of Article 3 of the Act on Appointment of Judge Advocates and persons who fall under subparagraph 2 or 3 of the aforesaid Article and who are appointed as judge advocates upon their volunteering for long-term service; |
| 3. | Short-term service officers selected as long-term service officers; |
| 4. | Officers of the Navy or the Air Force, who have completed a flight training course and hold a flying license. |
| (3) | Short-term service officers are as follows: <Amended by Act No. 11560, Dec. 18, 2012> |
| 1. | Persons who graduated from the Korea Army Academy at Yeongcheon or the Armed Forces Nursing Academy; |
| 2. | Officers who completed an officer candidate course; |
| 3-2. | Reserve officers, of the rank of first lieutenant or higher reappointed to the rank at the time of discharge; |
| 4. | Persons who are not classified as long-term service officers under paragraph (2). |
| (4) | A short-term service officer who intends to serve as a long-term service officer or extend his/her service period shall successfully pass the screening process prescribed by Presidential Decree. |
| (5) | Noncommissioned officers shall be classified as noncommissioned officers in long-term service and those in short-term service. |
| (6) | Long-term service noncommissioned officers shall consist of persons who have completed an educational course for high school in a military educational institution and persons who have successfully passed the screening process upon volunteering for service. |
| (7) | Short-term service noncommissioned officers shall consist of the following persons: <Amended by Act No. 11560, Dec. 18, 2012; Act No. 14609, Mar. 21, 2017; Act No. 15345, Jan. 16, 2018> |
| 1. | A person who is not a long-term service noncommissioned officer under paragraph (6) and who has successfully passed a screening process upon volunteering for service; |
| 2. | A person who has been selected pursuant to Article 62 (1) and provided with grants for additional military service (referring to grants provided on condition that he/she shall serve in addition to the period of compulsory service pursuant to Article 7 (4); hereinafter the same shall apply) and who has completed an educational course for high school or higher; |
| 5. | A person who is appointed as a noncommissioned officer by passing the screening process upon volunteering for service from among those who dropped out of school after completing an educational course in a military academy, the Korea Army Academy at Yeongcheon or the Korea Armed Forces Nursing Academy for at least one year or those who dropped out of an officer candidate training course; |
| 6. | A noncommissioned officer who is a reserve noncommissioned officer, of the rank of sergeant first class or higher reappointed to the rank at the time of discharge. |
| (8) | A short-term service noncommissioned officer who intends to serve as a long-term service noncommissioned officer or who desires to have his/her service period extended shall successfully pass a screening process prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 7 (Compulsory Service Period) |
| (1) | The compulsory service period of officers, warrant officers, and noncommissioned officers (excluding staff sergeants appointed without volunteering) shall be as follows: Provided, That the foregoing shall not apply in a national emergency, such as wartime or crisis: <Amended by Act No. 11560, Dec. 18, 2012; Act No. 12403, Mar. 11, 2014> |
| 1. | The compulsory service period of long-term service officers shall be ten years: Provided, That a long-term service officer may file an application for discharge from active service only on one occasion on or after the fifth anniversary of his/her appointment as a long-term service officer; |
| 2. | Notwithstanding subparagraph 1, among officers of the Navy or the Air Force, who have completed a flight training course and hold a flying license (excluding a license for rotorcraft), the compulsory service period of officers who graduated from the Korea Naval Academy or the Korea Air Force Academy shall be 15 years, and the compulsory service period of the other officers shall be 13 years: Provided, That such officer may file an application for discharge from active service only on one occasion on or after the fifth anniversary of his/her appointment as an officer; |
| 3. | If deemed necessary for the management of manpower of the Armed Forces, the Minister of National Defense may shorten the compulsory service period under subparagraph 2 by up to two years; |
| 4. | The compulsory service period of short-term service officers shall be three years: Provided, That the compulsory service period of persons who graduated from the Korea Army Academy at Yeongcheon or the Armed Forces Nursing Academy shall be six years, while the Minister of National Defense may shorten the service period of officers from the officer candidate course conducted by the Reserve Officers' Training Corps pursuant to Article 57 (2) of the Military Service Act, officers in the nursing branch (excluding officers in the nursing branch who graduated from the Armed Forces Nursing Academy) among female military personnel, and reserve officers, of the rank of first lieutenant or higher reappointed to the rank at the time of discharge by up to one year, if the Minister deems it necessary for the management of manpower of the Armed Forces; |
| 5. | The compulsory service period of warrant officers shall be five years: Provided, That the compulsory service period of a warrant officer who engages in a technical area specified by Presidential Decree as essential to the military (excluding persons appointed as warrant officers from among master sergeants and sergeants major) shall be ten years, and such a warrant officer may file an application for discharge from active service only on one occasion on or after the seventh anniversary of the date of appointment; |
| 6. | The compulsory service period of long-term service noncommissioned officers shall be seven years: Provided, That the compulsory service period of a long-term service noncommissioned officer who engages in a technical area specified by Presidential Decree as essential to the military shall be ten years, and such a noncommissioned officer may file an application for discharge from active service only on one occasion on or after the seventh anniversary of the date of appointment; |
| 7. | The compulsory service period of short-term service noncommissioned officers shall be four years; however, the compulsory service period of any of the following short-term service noncommissioned officers shall be a period according to the following classification: |
| (b) | Deleted; <by Act No. 14421, Dec. 20, 2016> |
| (d) | Short-term service noncommissioned officers referred to in Article 6 (7) 6: Three years: Provided, That where the Minister of National Defense deems it necessary for manpower management, such service period may be shortened within one year. |
| (2) | In addition to the compulsory service period, a military personnel who has received commissioned education or other education shall serve for the period, specified in any of the following. In such cases, the additional service period shall begin on the day immediately after the end of the compulsory service period, if the education is completed during the compulsory service period, or on the day immediately after the end of the education period, if the education is completed after the end of the compulsory service period: |
| 1. | A military personnel who has received commissioned education for not less than six months in a foreign country: A period equivalent to twice as much as the education period; |
| 2. | A military personnel who has received commissioned education for not less than six months at a non-military educational institution in the Republic of Korea: A period equivalent to the education period; |
| 3. | A military personnel who has received education for a degree for not less than six months at a military educational institution in the Republic of Korea: A period equivalent to the education period; |
| 4. | A military personnel who has received commissioned education for a night course at a non-military educational institution in the Republic of Korea with tuition fees paid while performing day duty: A period equivalent to one-half of the education period. |
| (3) | In addition to the compulsory service period, a medical officer who receives training as a probationer for a basic or specialized medical course shall serve for the period equivalent to the probationary period. |
| (4) | In addition to the compulsory service period, a person who has been selected pursuant to Article 62 (1) and provided with grants for additional military service and who is appointed as a short-term service officer, shall serve for a period equivalent to the period during which the grants for additional military service have been provided: Provided, That the Minister of National Defense may require a person who has been selected pursuant to Article 62 (1) and provided with grants for additional military service and who is appointed as a noncommissioned officer, to serve for a period of not more than the period during which the grants for additional military service have been provided, in addition to the compulsory service period. <Amended by Act No. 11390, Mar. 21, 2012; Act No. 14609, Mar. 21, 2017> |
| (5) | In addition to the compulsory service period, the Minister of National Defense may require persons who have received commissioned education in a foreign country for the operation of special equipment to serve for the following relevant period in addition to the compulsory service period. In such cases, paragraph (2) shall apply to the method for such addition: |
| 1. | If the period double the education period is less than three years: Until three years; |
| 2. | If the period double the education period exceeds three years: The period double the education period. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 8 (Age for Retirement from Active Service) |
| (1) | Ages for retirement from active service are as follows: Provided, That a national emergency, such as wartime or crisis, shall constitute an exception to the foregoing: |
Marshal: Lifetime appointment;
General: 63 years of age;
Lieutenant General: 61 years of age;
Major General: 59 years of age;
Brigadier General: 58 years of age;
Colonel: 56 years of age;
Lieutenant Colonel: 53 years of age;
Major: 45 years of age;
Captain, First Lieutenant, or Second Lieutenant: 43 years of age;
Warrant Lieutenant: 55 years of age;
Sergeant Major: 55 years of age;
Master Sergeant: 53 years of age;
Sergeant First Class: 45 years of age;
Staff Sergeant: 40 years of age
| 2. | Retirement Years for Continuous Service: |
Colonel: 35 years;
Lieutenant Colonel: 32 years;
Major: 24 years;
Captain, First Lieutenant, or Second Lieutenant: 15 years;
Warrant Lieutenant: 32 years
| 3. | Rank Retirement Years: |
Lieutenant General: 4 years;
Major General: 6 years;
Brigadier General: 6 years.
| (2) | Notwithstanding paragraph (1) 1, the retirement age of an officer who works for a military academy as a teaching staff member, an officer qualified under Article 16 of the Higher Education Act as a professor of the Korea National Defense University (hereinafter referred to as "professor, etc."), and an officer in a military medical branch or dental branch shall be 60 years of age, and the retirement years for continuous service and the rank retirement years under paragraph (1) 2 and 3 shall not apply to such officers: Provided, That professors, etc. and officers in a military medical branch or dental branch shall undergo examination for reappointment at the rank and age based on the following classification, and retirement ages under paragraph (1) shall apply to officers reappointed as a result of such examination: <Amended by Act No. 11390, Mar. 21, 2012; Act No. 12904, Dec. 30, 2014> |
| 1. | Examination for reappointment of professors, etc.: |
| (i) | Age for primary examination for reappointment: Between 54 and 55 years of age: Provided, That, those who undergo primary examination for reappointment and are promoted to colonel pursuant to item (b) during active service as lieutenant colonel shall be exempted from primary examination for reappointment as colonel; |
| (ii) | Age for second examination for reappointment: Between 57 and 58; |
| (i) | Age for primary examination for reappointment: Between 51 and 52; |
| (ii) | Age for secondary examination for reappointment: Between 56 and 57; |
| 2. | Examination for reappointment of officers in military medical branch or dental branch: |
| (a) | Colonel: Between 54 and 55 years of age: Excluding those who undergo examination for reappointment and are promoted to colonel pursuant to item (b) during active service as lieutenant colonel; |
| (b) | Lieutenant colonel: Between 51 and 52 years of age. |
| (3) | Notwithstanding paragraph (1) 1 and 2, when necessary for personnel management of the Army, the Navy and the Air Force (hereinafter referred to as "each Armed Force"), such as structural reform, organizational reform, adjustment of manpower and relief of personnel congestion, the Minister of National Defense may shorten the retirement age of field-grade officers by not more than two years for each Armed Force, at the proposal of the Chief of Staff of each Armed Force (hereinafter referred to as the "Chief of Staff"). |
| (4) | Notwithstanding paragraph (1) 3, when necessary for national defense, the President may shorten or extend the rank retirement age for general-grade officers by not more than one year for each Armed Force, at the proposal of the Minister of National Defense. <Amended by Act No. 14609, Mar. 21, 2017> |
| (5) | In addition to matters provided for in paragraphs (1) through (4), matters necessary for calculation of the age for retirement from active service, and matters necessary for examination for reappointment of professors, etc. and officers in a military medical branch or dental branch under the proviso to paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 11390, Mar. 21, 2012; Act No. 12904, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| (1) | The appointment of officers, warrant officers, and noncommissioned officers shall be based on academic achievement and qualification through an open competitive examination: Provided, That if an appointment is to be made on the basis of actual proof of abilities, not through the examination, a screening process may be adopted for the appointment. |
| (2) | The open competitive examination or screening process shall be aimed at testing abilities required for performing duties. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 10 (Grounds for Disqualification) |
| (1) | Officers, warrant officers, and noncommissioned officers shall be appointed from among persons who are mentally fit, decent in conduct, and physically strong. |
| (2) | No person who falls under any of the following shall be appointed as an officer, warrant officer, or noncommissioned officer: <Amended by Act No. 12904, Dec. 30, 2014; Act No. 13775, Jan. 19, 2016; Act No. 15345, Jan. 16, 2018; Act No. 16224, Jan. 15, 2019> |
| 1. | A person who is not a national of the Republic of Korea; |
| 1-2. | A person who is both national of the Republic of Korea and a foreign country; |
| 2. | A person under adult guardianship or under limited guardianship; |
| 3. | A person declared bankrupt and not yet reinstated; |
| 4. | A person in whose case five years has not passed since a sentence of imprisonment without labor or a heavier punishment was completely executed or non-execution of such sentence became final; |
| 5. | A person who is sentenced to imprisonment without labor or a heavier punishment and is under suspension of the execution or in whose case two years have not passed since the end of the term of suspension for the execution of such sentence; |
| 6. | A person under a suspended sentence after being sentenced to suspension of qualification or a heavier punishment; |
| 6-2. | A person who commits a crime prescribed by Article 355 or 356 of the Criminal Act in connection with his/her duty while he/she serves as a public official and in whose case two years have not passed after he/she was finally sentenced to a fine of at least three million won; |
| 6-3. | A person in whose case three years have not passed after he/she was sentenced to a fine of at least one million won and the sentence was upheld for a sexual crime under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes; |
| 6-4. | A person who is dismissed or removed from his/her office, or in whose case a sentence of punishment or medical treatment and custody is imposed and becomes definitive (including a person in whose case the suspension of execution of a sentence is imposed and the suspension period has elapsed) due to an act falling under any of the following against a minor: |
| (a) | Sexual crime pursuant to Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes; |
| 7. | A person in whose case five years have not passed since he/she was expelled or removed by impeachment or disciplinary measures; |
| 8. | A person whose qualification is suspended or forfeited by a judgement of a court or under other statutes. |
| (3) | Activities conducted on duty by officers, warrant officers, and noncommissioned officers appointed notwithstanding paragraph (2) and their service period remains valid, and such person shall not be required to return remuneration already paid. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 10-2 (Separate Sentence of Fine) |
Notwithstanding Article 38 of the Criminal Act, if punishment of a fine is imposed for concurrent crimes that involve a crime provided for in Article 10 (2) 6-2 or 6-3 and any other crime, the sentences shall be separately pronounced. [This Article Newly Inserted by Act No. 15345, Jan. 16, 2018]
| Article 11 (Appointment of Officers) |
| (1) | Officers shall be appointed from among any of the following persons: <Amended by Act No. 11560, Dec. 18, 2012; Act No. 14609, Mar. 21, 2017> |
| 1. | A person who graduated from a military academy or the Korea Army Academy at Yeongcheon; |
| 2. | A person who graduated from the Armed Forces Nursing Academy and successfully passed the national nurse examination; |
| 3. | A person who completed the officer candidate course; |
| 5. | A person who has substantial knowledge and experience in a specialized or technical area, successfully passed the screening process, and completed the prescribed courses; |
| 6. | A person recommended by a general-grade commander in the field to be commissioned as an officer from among warrant officers and noncommissioned officers who have shown excellent leadership during a war; |
| 7. | A person who completed all courses of a foreign officer training school; |
| 7-2. | A person selected through screening among those, in whose case three years have not passed from the date they were discharged in the rank of first lieutenant or higher; |
| 8. | A person who is recognized as qualified to be an officer pursuant to other Acts or subordinate statutes. |
| (2) | Any of the following persons may be appointed as an officer during a war: <Amended by Act No. 15345, Jan. 16, 2018> |
| 1. | A fourth-year student of a military academy; |
| 2. | A second-year student of the Korea Army Academy at Yeongcheon; |
| 3. | A fourth-year student of the Armed Forces Nursing Academy; |
| 4. | A fourth-year student of a university, a college, a teachers' college, or a college of education, who is currently enrolled in the officer candidate course conducted by the Reserve Officers' Training Corps pursuant to Article 57 (2) of the Military Service Act: Provided, That the foregoing shall apply only when the deferment of conscription of enrolled students is suspended pursuant to Article 83 (2) 5 of the Military Service Act. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 11-2 (Reserve Officer Candidates) |
| (1) | Where necessary to recruit excellent officers for the management of human resources, each armed force may select reserve officer candidates (hereinafter referred to as "reserve officer candidates") through examination from among students in colleges or junior colleges, as prescribed by Presidential Decree. |
| (2) | Those selected as reserve officer candidates may become cadets, officer candidates, or officer candidates of the Reserve Officers' Training Corps upon examination, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12904, Dec. 30, 2014]
| Article 11-3 (Grounds for Disqualification of Officer Candidate) |
A person falling under any of the subparagraphs of Article 10 (2) shall not be selected as an officer candidate. <Newly Inserted by Act No. 16224, Jan. 15, 2019>
| Article 12 (Initial Ranks of Officers) |
| (1) | The initial rank of an officer shall be Second Lieutenant: Provided, That the rank of a person to be appointed pursuant to Article 11 (1) 7-2 shall be the rank as at the time of his/her discharge. <Amended by Act No. 11560, Dec. 18, 2012> |
| (2) | A person to be appointed pursuant to Article 11 (1) 1, 2, 5, or 7 may be designated as First Lieutenant or a higher rank as his/her initial rank, if he/she falls under any of the following, or subparagraph 8 of the same paragraph: <Amended by Act No. 11560, Dec. 18, 2012; Act No. 12403, Mar. 11, 2014; Act No. 12904, Dec. 30, 2014> |
| 1. | A person appointed as legal officer after having completed the prescribed courses of the Judicial Research and Training Institute or after having passed a bar examination after graduating from a law school; |
| 2. | A person who successfully passed the national examination for medical doctors, dentists, oriental medical doctors, veterinarians, or pharmacists, and is appointed as medical officer; |
| 3. | A minister, a priest, or a Buddhist monk with at least a bachelor’s degree, or a person who performs other equivalent duties and is appointed as chaplain officer; |
| 4. | Any of the following persons whose total period of tertiary education is at least five years: |
| (a) | A person who graduated from a military academy, the Korea Army Academy at Yeongcheon, or the Armed Forces Nursing Academy, and has received commissioned education in a foreign officer training academy while being enrolled in any of the academies specified above; |
| (b) | A person who completed all courses of a foreign officer training academy and has received commissioned education in a military academy, the Korea Army Academy at Yeongcheon, or the Armed Forces Nursing Academy while being enrolled in such foreign officer training academy; |
| 4-2. | Persons appointed as any of the following public officials. In such cases, such persons must have been appointed in branches of service prescribed by Presidential Decree among the basic branches of service: |
| (a) | A person appointed as public official after having undergone appointment as probationary public official after passing an open competitive examination for employment of public officials in Grade V conducted by a government agency; |
| 5. | A person who has engaged in another specialized or technical area and is appointed as an officer in a branch directly related to the specialized area. |
| (3) | The initial rank of a person appointed as judge advocate by volunteering long-term service pursuant to Article 6 (2) 2 may be at least as captain. <Amended by Act No. 11560, Dec. 18, 2012> |
| (4) | A person appointed pursuant to paragraphs (2) and (3) may be deemed to have served military service during the period equivalent to the minimum continuous service period required for promotion to First Lieutenant or Captain under Article 26 (1): Provided, That if the period during which a person has engaged in his/her specialized area exceeds the minimum period of continuous service required for promotion to First Lieutenant or Captain, such person may be deemed to have served military service fully or partially during the period in which he/she has engaged in such specialized area. |
| (5) | The period of engagement in a relevant area under the proviso of paragraph (4) and the method for calculating the period shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 13 (Appointing Authority and Delegation of Authority to Appoint) |
| (1) | Officers shall be appointed by the President at the proposal of the Minister of National Defense with the recommendation by each Chief of Staff: Provided, That the Minister of National Defense may appoint Colonels and lower-ranking officers with the authority delegated by the President, and the Minister of National Defense may authorize each Chief of Staff to appoint officers under Article 11 (1) 6 or (2). |
| (2) | Warrant officers shall be appointed by the Minister of National Defense: Provided, That the Minister of National Defense may delegate his/her authority to appoint to each Chief of Staff. <Amended by Act No. 10824, Jul. 14, 2011> |
| (3) | Noncommissioned officers shall be appointed by each Chief of Staff: Provided, That each Chief of Staff may delegate his/her authority to appoint to each general-grade commander. <Amended by Act No. 14609, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 14 (Appointment of Warrant Officers and Noncommissioned Officers) |
Matters concerning the appointment of warrant officers and noncommissioned officers shall be prescribed by Ordinance of the Ministry of National Defense.
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 14-2 (Grounds for Disqualification of Warrant Officers or Noncommissioned Officers) |
A person falling under any subparagraph of Article 10 (2) shall not be selected as a warrant officer or noncommissioned officer. <Newly Inserted by Act No. 16224, Jan. 15, 2019>
| Article 15 (Limitations on Appointment Age) |
| (1) | The lowest and highest ages of a person who is eligible for initial appointment as an officer, warrant officer, or noncommissioned officer are as follows: |
| Initial Rank | Lowest Age | Highest Age | | Major | | Age 36 | | Captain | | Age 32 | | First Lieutenant | | Age 29 | | Second Lieutenant | Age 20 | Age 27 | | Warrant Lieutenant | Age 20 | Age 50 | | Noncommissioned Officer | Age 18 | Age 27 |
|
| (2) | Notwithstanding paragraph (1), the highest age of a warrant officer or a noncommissioned officer who is eligible for appointment as Second Lieutenant may be limited to 35 years of age, and the highest age of a person who is eligible for appointment as Second Lieutenant after finishing a doctoral course may be limited to 29 years of age. |
| (3) | Notwithstanding paragraph (1), a person who is eligible for appointment as a legal officer, medical officer, or chaplain officer, and a person who is eligible for appointment as an officer in a basic branch after being qualified as a judge, public prosecutor, or attorney-at-law or after successfully passing an open competitive employment examination for Class-V public officials may be appointed as such until he/she attains the maximum age for registration in the military register under Articles 58 (3) and 59 of the Military Service Act: Provided, That the highest age of a person who completed his/her active service and is appointed as a medical officer or dental officer shall be 37 years of age. <Amended by Act No. 11390, Mar. 21, 2012; Act No. 11560, Dec. 18, 2012> |
| (4) | Paragraphs (1) through (3) shall not apply where a person is appointed as short-term service officer under Article 6 (3) 3-2 or as short-term service noncommissioned officer under subparagraph 6 of Article 7. <Newly Inserted by Act No. 11560, Dec. 18, 2012> |
| (5) | National emergency, such as wartime or an incident, may constitute an exception to paragraphs (1) through (3). |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| (1) | Each officer, warrant officer, and noncommissioned officer shall be assigned to a position for which he/she meets the qualification requirements necessary in rank, branch, and career. <Amended by Act No. 13505, Sep. 1, 2015> |
| (2) | The position of the commander of a military unit, the main mission of which is combat in the scale of a brigade or larger, shall be assigned to a combatant officer who is from a troop branch and meets the qualification requirements for assignment under paragraph (1), as prescribed by Presidential Decree. |
| (3) | An officer appointed in a special branch shall not be assigned to a position that belongs to any basic branch. |
| (4) | Matters concerning assignment other than those specifically provided for in this Act shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 16-2 (Assignment, etc. of General-Grade Officers) |
| (1) | Each general-grade officer shall be assigned to a position designated according to the prescribed number of personnel: Provided, That a general-grade officer may be assigned to a position in a military unit dispatched to a foreign country or a position otherwise specified only by Presidential Decree as one considered necessary for the management of manpower. <Amended by Act No. 14609, Mar. 21, 2017> |
| (2) | A general-grade officer shall be discharged from active service, if he/she is not assigned to another position for the same or higher rank after he/she is discharged from his/her previous position or the term of assignment ends. <Amended by Act No. 14609, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 17 (Term of Office) |
| (1) | No officer, warrant officer, and noncommissioned officer shall have his/her assignment changed or shall be discharged from his/her assignment before the end of his/her term of office: Provided, That the foregoing shall not apply to any of the following cases: <Amended by Act No. 13505, Sep. 1, 2015> |
| 1. | Where he/she is assigned to a position of higher rank; |
| 2. | Where he/she is no longer able to perform his/her duty due to a mental or physical disorder; |
| 3. | Where he/she is determined incompetent to perform his/her duty; |
| 4. | Where it is necessary for a combat operation. |
| (2) | A committee for deliberation on discharge from assignment shall be established to deliberate on matters concerning the discharge of an officer, warrant officer, and noncommissioned officer from his/her assignment. <Amended by Act No. 13505, Sep. 1, 2015> |
| (3) | Whenever it is intended to discharge an officer, warrant officer, and noncommissioned officer from his/her assignment pursuant to the proviso to paragraph (1), such case shall be brought before a committee for deliberation on discharge from assignment for resolution: Provided, That if it is found that there is an inevitable ground specified by Presidential Decree, such case shall be brought before the committee for deliberation on discharge from assignment for resolution within seven days from the date on which the officer is discharged from his/her assignment. <Amended by Act No. 13505, Sep. 1, 2015> |
| (4) | Matters necessary for the organization and operation of, and the deliberation by, the committee for deliberation on discharge from assignment under paragraph (2) shall be prescribed by Presidential Decree. |
| (5) | Except as expressly provided for in this Act, matters concerning the term of office for the head of an essential military department or a person assigned to a position that requires professional human resources shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 17-2 (Appointment of Marshals) |
| (1) | Marshals shall be appointed from among Generals who have rendered notable and distinguished service to the State. |
| (2) | Marshals shall be appointed by the President upon approval by the National Assembly, subject to deliberation by the State Council, with the recommendation of the Minister of National Defense. |
[This Article Newly Inserted by Act No. 10703, May 24, 2011]
| Article 18 (Appointment of Chairperson of Joint Chiefs of Staff) |
| (1) | The Chairperson of the Joint Chiefs of Staff (hereinafter referred to as the "Chairperson") shall be appointed by the President, subject to deliberation by the State Council, with the recommendation of the Minister of National Defense from among persons who have served as a Chief of Staff or general-grade officers. In such cases, the appointment shall be subject to hearings by the National Assembly on the appointee. <Amended by Act No. 14609, Mar. 21, 2017> |
| (2) | The Chairperson shall be supreme in the order of precedence among military officers in active service during his/her term of office. |
| (3) | The term of office for the Chairperson shall be two years: Provided, That during wartime or crisis or if necessary for national defense, the term of office may be extended by not more than one year. |
| (4) | The Chairperson shall not be subject to the retirement age under Article 8 (1) 1 and shall be discharged from active service when he/she is removed or discharged from the position or when his/her term of office ends. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 19 (Appointment of Chiefs of Staff) |
| (1) | Each Chief of Staff shall be appointed by the President, subject to deliberation by the State Council, with the recommendation by the Minister of National Defense from among general-grade officers in the Army, the Navy, or the Air Force under his/her command, and the Commander of the Marine Corps shall be appointed by the President, at the proposal of the Minister of National Defense, with the recommendation of the Navy Chief of Staff from among general-grade officers in the Marine Corps. <Amended by Act No. 10824, Jul. 14, 2011; Act No. 14609, Mar. 21, 2017> |
| (2) | Each Chief of Staff shall be supreme in the order of precedence among officers in active service for the Army, the Navy, or the Air Force under his/her command during his/her term of office, and the Commander of the Marine Corps shall be supreme in the order of precedence among officers in active service for the Marine Corps under his/her command during his/her term of office. <Amended by Act No. 10824, Jul. 14, 2011> |
| (3) | The term of office for each Chief of Staff shall be two years, and the term of office for the Commander of the Marine Corps shall be two years: Provided, That only during wartime or crisis, the term of office may be renewed once consecutively. <Amended by Act No. 10824, Jul. 14, 2011> |
| (4) | A Chief of Staff shall be discharged from active service after he/she is removed or discharged from the position or unless he/she is transferred to the Chairperson when his/her term of office ends, and the Commander of the Marine Corps shall be discharged from active service after he/she is removed or discharged from the position or unless he/she is promoted or transferred to a different position even when his/her term of office ends. <Amended by Act No. 10824, Jul. 14, 2011; Act No. 16354, Apr. 23, 2019> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 20 (Appointment of Heads of Essential Departments, etc.) |
| (1) | The Chief of Staff of the Army, the Navy, or the Air Force shall recommend a general-grade officer to the Minister of National Defense, from among general-grade officers under his/her command, to appoint the officer to one of the following positions, subject to prior deliberation by the committee for deliberation on recommendations, and then the Minister of National Defense shall propose deliberation by the committee for deliberation on proposals, and finally the appointment shall be made by the President: <Amended by Act No. 14609, Mar. 21, 2017> |
| 1. | Each Vice Chief of Staff; |
| 2. | The commander of a military unit, the main mission of which is combat; |
| 3. | The head of an essential department specified by other statutes. |
| (2) | Each Chief of Staff shall consult with the Chairperson in advance, whenever he/she intends to recommend the Minister of National Defense to assign a general-grade officer to a position in the Joint Chiefs of Staff Headquarters or to appoint a general-grade officer as the commander of an operation unit or a joint unit under Article 9 (3) of the Act on the Organization of National Armed Forces, from among general-grade officers under his/her command. <Amended by Act No. 14609, Mar. 21, 2017> |
| (3) | Lieutenant General or a higher-ranking officer who falls under any of the subparagraphs of paragraph (1) shall be discharged from active service, unless he/she is transferred to a different position after he/she is removed or discharged from the position or when his/her term of office ends. |
| (4) | Matters concerning the organization and operation of the committee for deliberation on recommendations and the committee for deliberation on proposals under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 21 (Appointment of Heads of Branches) |
| (1) | The head of each branch shall be appointed by each Chief of Staff from among officers from the relevant branch under his/her command. |
| (2) | The term of office for the head of each branch shall be two years: Provided, That during wartime or crisis, the term of office may be renewed only one further term. |
| (3) | The head of each branch shall not be reappointed to the position at the time he/she is removed or discharged from the position or the term of office (including the consecutively renewed term of office, if he/she was appointed for another term of office consecutively pursuant to the proviso to paragraph (2)) ends, and shall be discharged from active service, unless he/she is transferred to a position in any similar line: Provided, That an officer transferred to any similar position shall be discharged from active service when two years lapse after the transfer. |
| (4) | Kinds of the branches of service to which the head of each branch is appointed pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 12403, Mar. 11, 2014> |
| (5) | The head of a branch referred to in paragraphs (1) through (4) means a person appointed as the head of the branch from among officers belonging to the relevant branch of each armed force. <Newly Inserted by Act No. 12403, Mar. 11, 2014> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 22 (Enhancement of Efficiency) |
| (1) | The enhancement of efficiency of military personnel in performing their duties shall be promoted. |
| (2) | For the enhancement of efficiency under paragraph (1), education and training shall be conducted, and service performance shall be evaluated periodically. |
| (3) | Each Chief of Staff shall evaluate the service performance of military personnel and take measures appropriate to gain results therefrom. |
| (4) | Matters concerning the evaluation of service performance and the enhancement of efficiency shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 23 (Fairness in Opportunities for Education) |
Military personnel shall be given fair opportunities to attend educational facilities to receive proper education and training, such as basic education, continuing education, and specialized education.
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 23-2 (Awards and Decorations) |
Matters concerning awards and decorations for military personnel shall be prescribed by Presidential Decree, except as otherwise provided by any Act.
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
An officer or noncommissioned officer who completes his/her service for both the minimum continuous service period and the minimum service period for each rank under Article 26 (1) (hereinafter referred to as "minimum service period for promotion") and whose competence for taking charge of a higher position is recognized shall be promoted by one rank: Provided, That a person whose discharge from active service is deferred pursuant to Article 39 (4) shall not be promoted. [This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 24-2 (Promotion by Tenure System) |
| (1) | A field-grade or higher-ranking officer who completes his/her service for the minimum service period for promotion may be promoted by one rank for a specified tenure, if it is necessary for the management of human resources or for filling a position specified by Presidential Decree in an area where professional human resources are required. |
| (2) | The tenure of a person promoted pursuant to paragraph (1) shall be two years, and such person shall be discharged from active service at the end of the tenure: Provided, That if a person is reassigned to the same position or is transferred to a position in a similar line, the person shall be discharged from active service at the lapse of a period determined by the Minister of National Defense within the maximum of two years from the date on which the person is reassigned to the same position or transferred to another position. |
| (3) | The promotion under paragraph (1) and the re-assignment to the same position or the transfer to another position under the proviso to paragraph (2) shall be made within the number of personnel eligible for the planned promotion under Article 29 (1). |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 24-3 (Promotion for Continuous Service) |
| (1) | Among noncommissioned officers, a Staff Sergeant may be promoted to Sergeant First Class, and a Sergeant First Class to Master Sergeant, if he/she has performed his/her service as a Staff Sergeant for at least five years or Sergeant First Class for at least 11 years: Provided, That the Chief of Staff of each armed force may shorten the period within one year or extend the period within two years for each rank of the branches of service, considering the conditions of manpower operation, and may place restrictions on the promotion of persons under a disciplinary measure or against whom proceedings for a disciplinary measure are pending and persons specified by Presidential Decree as those whose performance of service is poor. <Amended by Act No. 12747, Jun. 11, 2014> |
| (2) | During the period in which a Sergeant First Class or Master Sergeant who was promoted for continuous service pursuant to paragraph (1) is in service, it shall be deemed that there is an addition to the prescribed number of personnel for the corresponding rank and that the prescribed number of personnel for the previous rank is reduced. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 24-4 (Honorary Promotion) |
| (1) | A person who has served with particularly significant meritorious deeds may receive an honorary promotion when he/she is voluntarily discharged from active service pursuant to Article 53-2 (1). |
| (2) | The payment of a pension, benefits for honorable discharge from active service, and various kinds of pay for a person who receives honorable discharge from active service pursuant to paragraph (1) shall be based on the rank prior to an honorary promotion, and other treatment shall be provided on the basis of the rank promoted by honor. |
| (3) | The requirements and other necessary matters for an honorary promotion shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 25 (Authority over Promotions) |
| (1) | Officers shall be promoted by the President at the proposal of the Minister of National Defense with the recommendation by the competent Chief of Staff, subject to deliberation by the committee for selection of officers eligible for promotion under Article 29. |
| (2) | When the Minister of National Defense makes a proposal pursuant to paragraph (1), he/she shall make such proposal to the President after deliberation by the committee for deliberation on proposals under Article 20. |
| (3) | Notwithstanding paragraph (1), the promotion to General shall be made by the President, subject to deliberation by the State Council, with the recommendation of the Minister of National Defense. |
| (4) | Notwithstanding paragraph (1), the promotion of Colonels and lower-ranking officers may be made by the Minister of National Defense. In time of a national emergency, such as wartime or crisis, each Chief of Staff may be authorized to promote decedents who were killed in action or who died on duty. |
| (5) | The promotion of noncommissioned officers shall be made in accordance with an procedure determined by Ordinance of the Ministry of National Defense by the competent Chief of Staff or the competent general-grade commander who has authority delegated by the Chief of Staff, subject to deliberation by the committee for selection of noncommissioned officers eligible for promotion. <Amended by Act No. 14609, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 26 (Minimum Service Period for Promotion) |
| (1) | The minimum service periods required for promotion are as follows: Provided, That only the minimum service period for each rank shall apply to medical officers, dental officers, and legal officers: |
| Rank Promoted | Minimum continuous service period | Minimum service period for each rank | | Major General | 28 years | One year as Brigadier General | | Brigadier General | 26 years | Three years as Colonel | | Colonel | 22 years | Four years as Lieutenant Colonel | | Lieutenant Colonel | 17 years | Five years as Major | | Major | 11 years | Six years as Captain | | Captain | Three years | Two years as First Lieutenant | | First Lieutenant | One year | One year as Second Lieutenant | | Sergeant Major | | Seven years as Master Sergeant | | Master Sergeant | | Five years as Sergeant First Class | | Sergeant First Class | | Two years as Staff Sergeant |
|
| (2) | Notwithstanding paragraph (1), a person having authority for promotion may, if necessary for the management of manpower, shorten, by not more than one year, or extend, by not more than two years, the minimum service periods for promotion of general-grade officers and field-grade officers. <Amended by Act No. 14609, Mar. 21, 2017> |
| (3) | The period during which a person is deemed served military service pursuant to Article 12 (4) shall be included in the minimum service period for promotion. |
| (4) | A balance in promotion may be maintained between officers appointed pursuant to Article 11 (1) 7 after attending a foreign officer training school while being enrolled in any of the following courses and those who completed the same domestic officer training course in the same class, notwithstanding paragraph (1), as prescribed by Presidential Decree: |
| 1. | Courses of a military academy; |
| 2. | Courses of the Korea Army Academy at Yeongcheon; |
| 3. | Officer candidate courses; |
| (5) | The person having authority for promotion may shorten the minimum service period required for promotion to Sergeant First Class under paragraph (1) by one half, where an officer, warrant officer, or noncommissioned officer in the reserve or a person who was enrolled in the fourth year of a military academy is appointed to Staff Sergeant. |
| (6) | Where an officer reappointed pursuant to Article 6 (3) 3-2 or noncommissioned officer reappointed pursuant to Article 6 (7) 6 has served at least 12 months from the date he/she is reappointed to the date of screening for promotion, each service period in the relevant rank before or after the reappointment shall be added to the minimum service period for promotion under paragraph (1). <Newly Inserted by Act No. 11560, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 27 Deleted. <by Act No. 10703, May 24, 2011> |
| Article 28 (Grant of Rank for Specific Position) |
Notwithstanding Articles 26 (1) and 29 (1), a person who is assigned to the Chairperson under Article 18 or Chief of Staff under Article 19 may be granted the rank approved for the position: Provided, That if such requires a promotion by two or more ranks, the person shall be promoted by one rank simultaneously with the assignment to the position and then the rank approved for the position may be granted at the lapse of one year after the assignment to the position. [This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 29 (Committee for Selection of Officers Eligible for Promotion) |
| (1) | A person selected by the committee for selection of officers eligible for promotion as one of the persons eligible for promotion shall be promoted to an officer within the number of personnel eligible for the planned promotion as approved by the Minister of National Defense. |
| (2) | A committee for selection of officers eligible for promotion shall be established for each rank in the headquarters of the Armed Forces: Provided, That in the case of the Marine Corps, the committee shall be established in the Marine Corps Command. |
| (3) | Members of the committee for selection of officers eligible for promotion shall be appointed by the competent Chief of Staff from among officers superior or senior to candidates selected for promotion: Provided, That members of the committee for selection of officers eligible for promotion established in the Marine Corps Command pursuant to the proviso to paragraph (2) shall be appointed by the Commander of the Marine Corps. |
| (4) | Except in cases of unavoidable circumstances, no member of the committee for selection of officers eligible for promotion shall be appointed as a member for an identical rank consecutively more than twice. |
| (5) | Matters concerning the organization and operation of the committee for selection of officers eligible for promotion shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 30 (Promotion of Decedents Killed in Action or Who Died on Duty and Combat Veterans) |
| (1) | Decedents killed in action or who died on duty may be promoted, notwithstanding Articles 26 and 29: Provided, That the promotion to a general-grade officer shall be subject to deliberation by the committee for selection of officers eligible for promotion. <Amended by Act No. 14609, Mar. 21, 2017> |
| (2) | A person who has contributed to the State significantly in combat, during wartime or crisis, or in any time of national emergency equivalent thereto may be promoted by one rank, subject to deliberation by the committee for selection of officers eligible for promotion, regardless of the minimum service period for promotion: Provided, That a person to be promoted to Major or higher rank shall have served two-thirds of the minimum service period for promotion. |
| (3) | Where a person under the proviso to paragraph (2) is discharged or retires from active service before serving two-thirds of the minimum service period for promotion, the person may be promoted by one rank, subject to deliberation by the committee for selection of officers eligible for promotion. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 31 (Order of Promotion and Removal from List of Candidates for Promotion) |
| (1) | Persons selected by the committee for selection of officers eligible for promotion shall be ordered to be promoted in order of seniority from time to time, whenever there is a vacancy, after the person having authority for promotions announces the list officially to the Armed Forces, unless the person having authority for recommendation, proposal, or promotion revokes the recommendation, proposal, or promotion. |
| (2) | If grounds for not being able to promote a person announced as one of the officers selected for promotion pursuant to paragraph (1) arise before a promotion order is issued, the person having authority for promotions may remove such person from the list of candidates for promotion. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 32 (Failure of Promotion) |
Colonels and lower-ranking officers included in the scope of prospective candidates for selection for promotion who are excluded from those eligible for examination for promotion because the committee for selection of officers eligible for promotion concludes that they are not qualified for promotion and persons subject to removal from the list of candidates for promotion pursuant to Article 31 (2) shall be deemed to have failed promotion. [This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 33 (Grant of Brevet Rank to Officers) |
When it is impossible to fill a vacancy of higher rank in time of a national emergency, such as wartime or crisis, or as a consequence of the expanded organization of the Armed Forces, by promoting a person to a rank under Article 26, a brevet rank higher by only one rank may be granted to a person who is assigned to the position of the higher rank. [This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 34 (Return to Original Rank) |
When a person to whom a brevet rank was granted pursuant to Article 33 is assigned to a lower position or when such person falls under a ground specified by Presidential Decree, he/she shall be returned as a matter of course to his/her original rank. [This Article Wholly Amended by Act No. 10703, May 24, 2011]
CHAPTER VII DISCHARGE FROM ACTIVE SERVICE AND REMOVAL FROM MILITARY REGISTER
| Article 35 (Discharge from Active Service upon Request) |
| (1) | A long-term service personnel who completes his/her service for a compulsory service period specified in Article 7 may be discharged from active service upon request: Provided, That a time of national emergency, such as wartime or crisis shall constitute an exception to the foregoing. |
| (2) | Notwithstanding the proviso to paragraph (1), a person who has been in active service for not less than 30 years may be discharged from active service upon request. |
| (3) | An officer, warrant officer or noncommissioned officer in the reserves, who is serving in the military after having been called up, may be transferred to active service by volunteering, as prescribed by Ordinance of the Ministry of National Defense. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 35-2 (Restrictions on Discharge from Service by Application or at One’s Will) |
| (1) | No person who has authority to appoint or person to whom authority to appoint has been delegated (hereafter referred to as "person who has authority to appoint, etc." in this Article) shall discharge an officer, warrant officer, or noncommissioned officer from service when he/she applies for discharge from service before he/she completes the period of compulsory service pursuant to Article 7 (1), or an officer, warrant officer, or noncommissioned officer who wishes to be discharged from service (excluding a staff sergeant appointed without filing an application; hereafter the same shall apply in this Article) pursuant to Article 35 (1) and (2) when he/she falls under any of the following: Provided, That in cases under subparagraphs 1, 3, and 4, restrictions on discharge from service shall be limited to cases where the degree of corruption is deemed to fall under serious disciplinary action under the latter part of Article 57 (1): |
| 1. | Where he/she is prosecuted for a criminal case in relation to corruption; |
| 2. | Where a request for passing a resolution determining disciplinary action is made to the disciplinary committee for reasons falling under serious disciplinary action; |
| 3. | Where the Board of Audit and Inspection of Korea, military prosecution, a military judicial police officer, or any other investigative agency (hereafter referred to as "investigative agency, etc." in this Article) is conducting an inspection or investigation in relation to corruption; |
| 4. | Where military units at all levels, the department of audit and inspection of agencies at all levels, etc., are performing internal audits or conducting investigations in relation to corruption. |
| (2) | Where an officer, warrant officer, or noncommissioned officer applies for discharge from service before he/she completes the period of compulsory service pursuant to Article 7 (1) or wishes to be discharged from service pursuant to Article 35 (1) and (2), a person who has authority to appoint, etc., shall ascertain with the head of an investigative agency, etc. whether he/she is subject to restrictions on discharge from service under paragraph (1). In such cases, the head of an investigative agency, etc., requested to ascertain shall notify the person who has authority to appoint, etc., of the relevant fact within ten days from the date he/she is requested to ascertain. |
| (3) | Other necessary matters concerning restrictions on discharge from service before an officer, warrant officer, or noncommissioned officer completes the period of compulsory service and discharge from service at his/her will, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13775, Jan. 19, 2016]
| Article 36 (Discharge from Active Service at Retirement Age, etc.) |
| (1) | A person who attains the age for retirement from active service under Article 8 shall be discharged from active service as a matter of course at the end of the month immediately following that in which he/she attains the relevant age for retirement: Provided, That in cases of a professor, etc. who has reached the age for retirement under Article 8 (1), who is an officer not reappointed as a result of examination for reappointment under the proviso to Article 8 (2), he/she shall be discharged as a matter of course at the end of the month in which the date on which three months elapse falls from the date he/she receives notice of disposition that he/she is not reappointed. <Amended by Act No. 12904, Dec. 30, 2014> |
| (2) | A short-term service officer or a noncommissioned short-term service officer who completes a compulsory service period specified in Article 7 shall be discharged from active service at the end of the service period if he/she fails to pass the screening process under Article 6 (4) or (8), or shall be discharged from active service at the end of the extended service period, if his/her service period was extended (or re-extended): Provided, That a time of national emergency, such as wartime or crisis, shall constitute an exception to the foregoing. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 37 (Discharge from Active Service or Removal from Military Register without Request) |
| (1) | A person who falls under any of the following subparagraphs may be discharged from active service, subject to deliberation by the committee for examination on discharge from active service in each Armed Force: |
| 1. | A person incompetent for active service due to a mental or physical disorder; |
| 2. | A person who has failed to be promoted from the same rank twice pursuant to Article 32: Provided, That in the case of Second Lieutenant, a person who has failed to be promoted once; |
| 3. | A person considered necessary to be discharged from active service for purposes of adjustment of the number of troops in reducing or restoring the number of troops; |
| 4. | A person specified by Presidential Decree as incompetent for active service. |
| (2) | A person who falls under paragraph (1) 1 but whose disorder was not caused by an injury in action or while on duty may be removed from the military register. |
| (3) | A person who becomes physically disabled as a result of his/her conduct in action or during an operation-related exercise, which gives an example to other military personnel, may be permitted to continue his/her active service, subject to deliberation by the committee for examination on discharge from active service, notwithstanding paragraph (1) 1. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 38 (Committee for Examination on Discharge from Active Service) |
| (1) | A committee for examination on discharge from active service shall be established in the headquarters of each Armed Force, the Marine Corps Command, and each military unit with authority for appointment delegated for the purpose of examining persons who fall under Article 37 or 39. <Amended by Act No. 10824, Jul. 14, 2011> |
| (2) | Members of the committee for examination on discharge from active service shall be appointed by the person having authority for the establishment of the committee under paragraph (1) from among officers, warrant officers, or noncommissioned officers who are senior to the persons subject to examination. |
| (3) | Matters necessary for the organization and operation of the committee for examination on discharge from active service shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 39 (Deferment of Discharge from Active Service) |
| (1) | Notwithstanding Article 36, the discharge from active service of a field-grade officer who has attained the retirement age under Article 8 (1), but who falls under any of the following subparagraphs may be deferred by up to three years, subject to deliberation by the committee for examination on discharge from active service: |
| 1. | A holder of a doctoral degree; |
| 2. | An engineer specializing in precision equipment; |
| 3. | A person who is proficient in a foreign language specified by Presidential Decree; |
| 4. | A specialized expert, engineer, or technician specified by Presidential Decree, who has expertise or special technique in the area of policy management, electronic computer system, research and development, or special intelligence. |
| (2) | Notwithstanding Article 36, the discharge from active service of a Captain who has been assigned to a technical or professional position specified by Presidential Decree, and who has attained the retirement years for continuous service under Article 8 (1) 2, may be deferred by three years each time until he/she attains the retirement age and then by one year each time for up to three years in total after the retirement age, subject to deliberation by the committee for examination on discharge from active service. |
| (3) | Notwithstanding Article 36, the discharge from active service of a warrant officer or noncommissioned officer who has attained the retirement age or retirement years for continuous service under Article 8 (1) 1 or 2, but who engages in a technical area specified by Presidential Decree as essential to the Armed Forces may be deferred by up to three years, upon deliberation by the committee for examination on discharge from active service. |
| (4) | Notwithstanding Article 36, the discharge from active service of a person who is to be discharged from active service pursuant to this Act and is to be eligible for retirement pension within two years, may be deferred until the day starting from which he/she shall be eligible for receiving the retirement pension, upon deliberation by the committee for examination on discharge from active service. |
| (5) | Where a person subject to the additional service under Article 7 (2) or (5) attains the retirement age, the discharge of such person from active service, may be deferred to the extent of the remaining additional service period, upon deliberation by the committee for examination on discharge from active service. |
| (6) | Notwithstanding Article 8, the discharge of a prisoner of war from active service may be deferred until the person is removed from the military register pursuant to Article 40 (1) 6. |
| (7) | Where a person who falls under Article 6 (3) or (7) applies for deferment of discharge from service because he/she conducts important operations, drill, exercise, etc., notwithstanding Article 36, his/her discharge from service may be deferred for up to three months, following deliberation by the discharge examination committee: Provided, That where grounds for deferment of discharge from service no longer exist, measures for deferment of discharge from service shall be removed immediately. <Newly Inserted by Act No. 14180, May 29, 2016> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 40 (Removal from Military Register) |
| (1) | An officer, warrant officer, or noncommissioned officer shall be removed from the military register when any of the following occurs: <Amended by Act No. 12747, Jun. 11, 2014; Act No. 15345, Jan. 16, 2018; Act No. 16224, Jan. 15, 2019> |
| 2. | When he/she is declared missing; |
| 3. | When he/she is expelled from the military; |
| 4. | When he/she falls under any subparagraph of Article 10 (2): Provided, That Article 10 (2) 6 shall only apply where he/she commits a crime falling under any of the following and receives a deferred sentence to the suspension of qualification or a heavier punishment: |
| 5. | When a resolution is adopted to remove him/her from the military register pursuant to Article 37 (2); |
| 6. | When a prisoner of war or a missing person falls under grounds specified by Ordinance of the Ministry of National Defense. |
| (2) | A missing person removed from the military register pursuant to paragraph (1) 6 may be determined as killed in action or while on duty or deceased on the date of removal from the military register, as prescribed by Ordinance of the Ministry of National Defense. |
| (3) | When it is found that a missing person who was removed from the military register pursuant to paragraph (1) 6 or (2) is still alive or that a fact exists different from the determination, the determination shall be revoked or amended. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 41 (Retirement from Active Service) |
An officer, warrant officer, or noncommissioned officer who falls under any of the following subparagraphs shall be retired from active service: Provided, That if a female military personnel who falls under subparagraph 4 does not desire to retire from active service, she may apply for a reservist position:
| 1. | A person who has been in active service for not less than 20 years and desires to retire from active service; |
| 2. | A person who attains the retirement age; |
| 3. | A person who is no longer able to serve in the military due to an injury in action or while on duty; |
| 4. | A female military personnel who completes her active service. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 42 (Transfer to Reserve) |
A person who is discharged from active service but does not retire from active service shall be transferred to the reserve service.
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 43 (Person with Authority over Discharge from Active Service and Removal from Military Register) |
| (1) | A person having authority for appointment shall have authority for the discharge of officers, warrant officers, and noncommissioned officers from active service and the removal of such officers from the military register: Provided, That the Minister of National Defense may hold such authority with regard to Colonels and lower-ranking officers by delegation from the person having authority for appointment. |
| (2) | In the case falling under the proviso to paragraph (1), the Minister of National Defense may authorize each Chief of Staff to exercise such authority only for the removal from the military register under Article 40 in time of a national emergency, such as wartime and crisis. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
CHAPTER VIII RIGHTS AND DUTIES
| Article 44 (Guarantee of Status) |
| (1) | Military personnel shall have their status guaranteed, as provided by any statute, and shall be entitled to the treatment appropriate for their rank. |
| (2) | No military personnel shall be on a leave of absence, discharged from active service, or removed from the military register against his/her will, except as provided in this Act. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 45 Deleted. <by Act No. 13505, Sep. 1, 2015> |
| Article 46 Deleted. <by Act No. 13631, Dec. 29, 2015> |
| Article 46-2 (Vocational Guidance and Education) |
Vocational guidance and education may be provided to persons who are discharged from active service to help them find jobs, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 46-3 Deleted. <by Act No. 10703, May 24, 2011> |
| Article 46-4 (Management of National Qualifications for Fields of Duties of Specific Skills in Armed Forces) |
| (1) | The Minister of National Defense shall formulate and execute policies necessary to promote the connection between specific skills that persons acquire during the period of active service and the social and industrial sites in order to expand employment opportunities for those who have served as military personnel. |
| (2) | The Minister of National Defense may develop the fields of duties of specific skills among the branches of the service of military personnel as national job skills standards pursuant to the Framework Act on Qualifications, and establish and manage national qualifications for the fields under his/her jurisdiction following deliberations of the Qualification Policy Council. |
| (3) | The Minister of National Defense shall reflect education and training necessary for the management and operation of the national qualification system under paragraph (2) in the military education courses and conduct such education and training. |
| (4) | The Minister of National Defense shall issue a certificate certifying the acquisition of national qualifications to those who meet requirements for the acquisition of national qualifications prescribed by Presidential Decree after the completion of education under paragraph (3). |
| (5) | Other matters necessary for the development, management, etc. of national qualifications in fields of national defense shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11560, Dec. 18, 2012]
| Article 46-5 (Revocation, etc. of National Qualifications for Fields of Duties in Military Special Technology) |
| (1) | Where any of the following applies to a person who has obtained national qualification under Article 46-4 (2), the Minister of National Defense may revoke such national qualification or order the suspension of such national qualification within a given period not exceeding three years: Provided, That where he/she falls under subparagraph 1, the Minister of National Defense shall revoke such national qualification: |
| 1. | Where he/she obtains national qualification by fraudulent or other illegal means; |
| 2. | Where he/she lends a certificate of national qualification he/she has obtained to any third person. |
| (2) | A person whose national qualification has been revoked pursuant to paragraph (1) cannot apply for an examination for the same national qualification under Article 46-4 (2) for three years from the date qualification is revoked. |
| (3) | Where the Minister of National Defense intends to revoke or suspend national qualification pursuant to paragraph (1), he/she shall hold hearings. |
| (4) | Procedures for revocation or suspension of national qualification under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense in consideration of grounds for such disposition, the severity of violation, etc. |
[This Article Newly Inserted by Act No. 12747, Jun. 11, 2014]
| Article 46-6 (Support for Acquisition of Qualifications, etc. by Military Personnel) |
| (1) | The Ministry of National Defense shall establish and implement a policy necessary to support military personnel in acquiring national qualifications, private qualifications, credits, etc., in consultation with the head of the relevant central administrative agency. |
| (2) | Acts provided with support under paragraph (1) shall be as follows: |
| 3. | Other verification of competence, etc. prescribed by Presidential Decree that is deemed necessary for employment, study, or daily life after discharge from military service. |
| (3) | Matters necessary for the support under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14421, Dec. 20, 2016]
| Articles 47 and 47-2 Deleted. <by Act No. 13631, Dec. 29, 2015> |
| Article 47-3 (Uniforms and Ceremonies) |
| (1) | Military personnel shall wear uniforms: Provided, That the foregoing shall not apply to cases otherwise approved by the Minister of National Defense, taking the extraordinary nature of service into consideration. |
| (2) | Military personnel shall perform military ceremonies to show their loyalty to the State, strengthen their unity, and maintain strict military discipline. |
| (3) | Necessary matters concerning the uniforms and ceremonies of military personnel under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 48 (Leave of Absence) |
| (1) | When any of the following applies to an officer, warrant officer, or noncommissioned officer, the person having authority for appointment shall order him/her to take a leave of absence: <Amended by Act No. 13352, Jun. 22, 2015; Act No. 13775, Jan. 19, 2016> |
| 1. | When he/she becomes unable to serve for at least six months due to a mental or physical disorder other than an injury sustained in action or while on duty; |
| 2. | When he/she is missing; |
| 3. | When she applies for a leave of absence because she needs to receive long-term medical treatment due to sterility or infertility; |
| (2) | When an officer, warrant officer, or noncommissioned officer is indicted (excluding where a summary order is requested) for a case falling under the death penalty, life imprisonment, or long-term imprisonment with labor for at least two years, or imprisonment without labor or is sentenced to imprisonment without labor or a heavier punishment at the first trial, a person who has the authority to appoint him/her may order him/her to take a leave of absence, either ex officio or at the request of the relevant officer, warrant officer, or noncommissioned officer. <Amended by Act No. 12231, Jan. 14, 2014> |
| (3) | Where a long-term service officer, warrant officer, or long-term service noncommissioned officer desires to take a leave of absence due to any of the following events or where a female military personnel in short-term service desires to take a leave of absence due to an event under subparagraph 4, the person having authority for appointment may issue an order to take a leave of absence from service to the extent that such leave of absence from service does not cause any difficulty in performing missions or managing manpower: Provided, That if an application for a leave of absence is filed due to an event under subparagraph 4, an order for a leave of absence shall be issued unless there is compelling reasons not to do so, as specified by Presidential Decree: <Amended by Act No. 10928, Jul. 25, 2011; Act No. 14421, Dec. 20, 2016; Act No. 16224, Jan. 15, 2019> |
| 1. | Where he/she is employed temporarily by an international organization or a foreign institution; |
| 2. | Where he/she goes abroad to study at his/her own expense; |
| 3. | Where he/she attends a training course in a research institute or an educational institution designated by the competent Chief of Staff at his/her own expense; |
| 4. | Where it is necessary to raise a child not older than eight years old or younger than a second grader of elementary school or where it is necessary for a female military personnel who becomes pregnant or who is expected to give birth to a child; |
| 5. | Where it is necessary for taking care of a grandparent, parent (including a spouse's parent), spouse, child, or grandchild who needs long-term medical treatment due to an accident, disease, or other cause: Provided, That cases where it is allowed to take a leave of absence for taking care of a grandparent or grandchild shall be limited to cases prescribed by Presidential Decree, such as where there is no one else than the person himself/herself to take care of the grandparent or grandchild. |
| (4) | Salary shall be paid to a person who has taken a leave of absence pursuant to paragraphs (1) and (2) during the period of his/her leave of absence in accordance with the following classification, but no salary shall be paid to a person who has taken a leave of absence pursuant to paragraph (3) during the period of his/her leave of absence: Provided, That if a person who has taken a leave of absence under paragraph (2) is sentenced not guilty, the remainder of his/her salary shall be paid retroactively: <Amended by Act No. 13352, Jun. 22, 2015; Act No. 13775, Jan. 19, 2016> |
| 1. | A person who takes a leave of absence pursuant to paragraph (1) 1, 3, or 4: |
| (a) | A person the period of which a leave of absence is up to one year: 70/100 of his/her salary; |
| (b) | A person the period of which a leave of absence is more than one year but not more than two years: 50/100 of his/her salary; |
| 2. | A person who takes a leave of absence pursuant to paragraph (1) 2 (limited to a person deemed to take a leave of absence because he/she went missing in the line of duty) or (2): 50/100 of his/her salary. |
| (5) | When a person on a leave of absence pursuant to paragraph (2) is sentenced not guilty, the person shall not be treated otherwise unfavorably in promotion or assignment or in applying this Act on the grounds of the leave of absence. |
| (6) | No person having authority for appointment shall treat any person unfavorably in personnel management on the grounds of a leave of absence under paragraph (3) 4. |
| (7) | Where military personnel take a leave of absence for at least six months pursuant to paragraph (3) 4, the vacancy may be filled, deeming that there is an addition to the prescribed number of personnel for the rank of the person on a leave of absence from the date of the leave onward: Provided, That a vacancy may also be filled where a person takes a leave of absence for at least three months in cases specified by Presidential Decree. |
| (8) | The prescribed number of personnel referred to in paragraph (7) shall be deemed extinct when the first vacancy occurs after the person on a leave of absence is reinstated. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 49 (Period of Leave of Absence) |
| (1) | The period of a leave of absence under Article 48 (1) 1, 3, and 4 shall be one year, but in inevitable cases, the period of a leave of absence may be extended up to one year. In such cases, if a person has taken a leave of absence pursuant to Article 48 (1) 1 fails to get reinstated until the period of his/her leave of absence ends, he/she shall be discharged from military service. <Amended by Act No. 13352, Jun. 22, 2015; Act No. 13775, Jan. 19, 2016> |
| (2) | The period of a leave of absence under Article 48 (2) shall correspond to the pending period of the relevant case: Provided, That if a person having authority for appointment issues an order of reinstatement by a not-guilty verdict, by a decision or judgment to dismiss a public prosecution, or by other reasons even if the relevant case is pending, the period of a leave of absence shall end on the day prior to the reinstatement date. |
| (3) | The period of a leave of absence under each subparagraph of Article 48 (3) shall be as follows: <Amended by Act No. 14421, Dec. 20, 2016> |
| 2. | Article 48 (3) 2 and 3: Not exceeding two years; |
| 3. | Article 48 (3) 4: Not exceeding three years per child; |
| (4) | The period of a leave of absence under Article 48 (3) shall not be included in a compulsory service period and a minimum service period for promotion under Article 7: Provided, That the period under Article 48 (3) 1 and 4 (where the period of a leave of absence for one child exceeds one year, the period shall be the first one year; however, even if the total period of leave of absence exceeds one year beginning with the second child, the period shall be the total period of a leave of absence) shall be included in the minimum service period for promotion. <Amended by Act No. 12403, Mar. 11, 2014; Act No. 15345, Jan. 16, 2018> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 50 (Petition for Illegality or Unfairness in Discharge from Active Service or Removal from Military Register) |
Any member of the armed forces who is dissatisfied with an unfavorable disposition made against his/her will (excluding disciplinary measures and measures for the imposition of additional money for disciplinary action), such as unlawful or unjust discharge from active service, removal from the military register, or leave of absence, may file a petition for examination thereon within 30 days from the date on which he/she becomes aware of the disposition. <Amended by Act No. 12747, Jun. 11, 2014; Act No. 12904, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 51 (Committees for Examination of Petitions on Personnel Management) |
| (1) | The Central Committee for Examination of Petitions on Military Personnel Management and committees for examination of petitions on military personnel management shall be established according to the following classification, to examine petitions under Article 50: <Amended by Act No. 12904, Dec. 30, 2014; Act No. 14609, Mar. 21, 2017> |
| 1. | Examination of petitions filed by officers and warrant officers: The Central Committee for Examination of Petitions on Military Personnel Management established in the Ministry of National Defense; |
| 2. | Examination of petitions filed by noncommissioned officers: A committee for examination of petitions on military personnel management established in the headquarters of each armed force; |
| 3. | Examination of petitions filed by enlisted soldiers: A committee for examination of petitions on military personnel management established in a unit commanded by a general-grade officer. |
| (2) | The central committee for examination of petitions regarding military personnel management and each committee for examination of petitions regarding military personnel management (hereinafter referred to as "petitions examination committee") shall be comprised of at least five, but not more than nine, members who fall under any of the following subparagraphs and who have substantial knowledge of military administration. In such cases, at least one member of each committee for examination of petitions regarding military personnel management shall be a noncommissioned officer: |
| 1. | A person who has served as a judge, public prosecutor, or attorney-at-law for at least five years; |
| 2. | A field-grade officer or a higher-ranking military personnel: Provided, That in cases of each committee for examination of petitions regarding military personnel management, the foregoing shall be construed as a noncommissioned officer or a higher-ranking military personnel; |
| 3. | A person who has served as a judge advocate for at least five years; |
| 4. | A person who has served as a Grade IV or higher-ranking public official in an area related to military administration. |
| (3) | Necessary matters concerning the organization, operation, examination, and determination process of each petitions examination committee and the procedures for filing a petition shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 51-2 (Relationship to Administrative Litigation) |
An administrative lawsuit regarding discharge from active service, removal from the military register, disciplinary actions, leave of absence, or other disposition made against a person's will shall not be filed without the examination and decision-making by a petitions examination committee or by a complaint examination committee under Article 60-2. [This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Articles 51-3 and 51-4 Deleted. <by Act No. 13631, Dec. 29, 2015> |
| Article 52 (Remuneration) |
The remuneration for military personnel shall be provided by statutes to make it appropriate for each rank and service year.
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 53 (Reimbursement for Actual Expenses) |
Actual expenses incurred by military personnel in performing their duties shall be reimbursed, as provided by statutes, in addition to their remuneration.
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 53-2 (Honorable Discharge from Active Service) |
| (1) | Where a person who has been in military service for not less than 20 years is honorably and voluntarily discharged from active service before his/her age for retirement, he/she can be paid an honorable discharge benefit, within budgetary limits. |
| (2) | Paragraph (1) shall apply mutatis mutandis to the Commandant of the Marine Corps discharged pursuant to Article 19 (4), and persons discharged from active service pursuant to Article 21 (3) or 24-2 (2), whose remaining period until the age for retirement from active service is at least one year. <Amended by Act No. 12904, Dec. 30, 2014> |
| (3) | With regard to honorable discharge benefits payable to a military personnel who receives honorable discharge from active service at an age for retirement reduced pursuant Article 8 (3) or (4) to earlier than the age for retirement under paragraph (1) of the same Article, the age for retirement under the same paragraph shall apply to determine eligibility for the payment and the amount of the payment. |
| (4) | Where a person who is paid an honorable discharge benefit falls under any of the following subparagraphs, the head of an agency that paid an honorable discharge benefit pursuant to paragraphs (1) through (3) shall restitute the honorable discharge benefits: Provided, That in cases falling under subparagraph 2, where he/she has been reappointed as a national public official, the head of the state agency who has reappointed him/her shall restitute such benefit: <Amended by Act No. 11560, Dec. 18, 2012; Act No. 12904, Dec. 30, 2014> |
| 1. | Where he/she is sentenced to imprisonment without labor or a heavier punishment for a reason which arose during his/her active service; |
| 1-3. | Where he/she is sentenced to a fine of at least three million won and such sentence is confirmed, or receives a suspended sentence of imprisonment without labor or a heavier punishment for committing a crime provided for in Article 355 or 356 of the Criminal Act in relation to his/her duties during his/her active service; |
| 2. | Where he/she is reemployed as a public official in career service or other public officials specified by the Rules of the National Assembly, Regulations of the Supreme Court, Rules of the Constitutional Court, Rules of the National Election Commission, or by Presidential Decree; |
| 3. | Where he/she receives undue honorable discharge benefit payments or he/she is not entitled to payment on other grounds. |
| (5) | When a person who is obliged to return honorable discharge benefit payments in accordance with paragraph (4) fails to return such honorable discharge benefits by the set deadline, such honorable discharge benefit payments may be collected in the same manner as delinquent national taxes are collected. <Amended by Act No. 11560, Dec. 18, 2012> |
| (6) | Necessary matters concerning the range of persons eligible for payments of an honorable discharge benefit under paragraphs (1) through (3), the amount of such payment, and procedures for the payment thereof, shall be prescribed by Presidential Decree; necessary matters concerning the amount of honorable discharge benefit payments to be withdrawn under paragraph (4) and procedures for the restitution thereof under paragraph (5), shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of National Election Commission or Presidential Decree. <Amended by Act No. 12904, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 54 (Compensation) |
When a military personnel falls under any of the following subparagraphs, he/she or his/her bereaved family member shall receive compensation appropriate therefor, as provided by statutes:
| 1. | Killed or wounded in action; |
| 2. | Diseased, wounded, or dead in the line of duty. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 54-2 (Classification of Persons in Military Service Killed in Action) |
| (1) | Where a person in military service dies or incurs an injury, he/she shall be classified as a person in military service who is killed in action, dies in the line of duty, or dies for ordinary reasons, is wounded in action, is injured in the line of duty, and is injured not in action nor in the line of duty (hereinafter referred to as "person in military service killed in action, etc.") in accordance with the following criteria: |
| 1. | Persons in military service killed in action: |
| (a) | A person who has been killed due to an engagement with the enemy or hostile action; |
| (b) | A person who has been killed due to an action to prevent an armed revolt, rebellion, or other disturbance of public peace; |
| 2. | Persons in military service who die in the line duty: |
| (a) | Type "I" death in the line of duty: A person who died in the line of duty in which he/she took high risks setting an example for the public; |
| (b) | Type "II" death in the line of duty: A person who died in the line of duty or during a military education and training (including a disease) directly related to the national protection and security or the protection of the lives and property of the people; |
| (c) | Type "III" death in the line of duty: A person who died in the line of duty or during a military education and training (including a disease) not directly related to the national protection and security or the protection of the lives and property of the people; |
| 3. | Persons in military service who die for ordinary reasons: |
A person who died due to an action that does not fall under subparagraph 1 or 2;
| 4. | Persons in military service wounded in action: |
A person wounded due to an engagement with the enemy or an action to suppress an armed revolt or rebellion;
| 5. | Persons in military service injured in the line of duty: |
A person injured due to education, training or other official duties;
| 6. | Persons in military service injured not in action nor in the line of duty: |
A person injured due to an action not falling under subparagraph 4 or 5.
| (2) | Necessary matters concerning criteria, methods, etc. for specific classification of persons in military service killed in action, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13352, Jun. 22, 2015]
| Article 54-3 (Committee for Examination of Killed or Wounded in Action and Death or Injury in the Line of Duty) |
| (1) | In order to examine matters concerning the death or injury of persons in military service killed in action, etc., a general committee for examination of killed or wounded in action and death or injury in the line of duty shall be established in the headquarters of each armed force. |
| (2) | In any of the following cases concerning examinations by a general committee for examination of killed or wounded in action and death or injury in the line of duty, a re-examination shall be made: |
| 1. | Where the person concerned or his/her successor to property under the Civil Act claims a re-examination; |
| 2. | Where other government agency that has the authority to conduct investigations as prescribed by Presidential Decree makes a recommendation or decision different from the examination made by a general committee for examination of killed or wounded in action and death or injury in the line of duty. |
| (3) | In order to make re-examinations of the death or injury of persons in military service killed in action, etc. under paragraph (2), the Central Committee for Examination of Killed or Wounded in Action and Death or Injury in the Line of Duty shall be established in the Ministry of National Defense. |
| (4) | The Central Committee for Examination of Killed or Wounded in Action and Death or Injury in the Line of Duty and each general committee for examination of killed or wounded in action and death or injury in the line of duty shall be composed of at least nine members including the chairperson and outside experts, and the Central Committee for Examination of Killed or Wounded in Action and Death or Injury in the Line of Duty shall include outside experts more than a majority of its members. |
| (5) | Matters necessary for the establishment and operation of the Central Committee for Examination of Killed or Wounded in Action and Death or Injury in the Line of Duty and each general committee for examination of killed or wounded in action and death or injury in the line of duty under paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13352, Jun. 22, 2015]
When an officer, warrant officer, or noncommissioned officer is discharged from active service after performing his/her duties in good faith for a considerable period or is discharged from active service or removed from the military register on grounds falling under each subparagraph of Article 54, a pension shall be paid to him/her or his/her bereaved family, as prescribed by statutes. [This Article Wholly Amended by Act No. 10703, May 24, 2011]
CHAPTER X DISCIPLINARY ACTIONS
| Article 56 (Causes of Disciplinary Actions) |
When a military personnel falls under any of the following subparagraphs, a person having authority for disciplinary actions under Article 58 shall request a disciplinary committee under Article 58-2 to pass a resolution on disciplinary actions and shall take disciplinary actions in accordance with the results of the resolution on disciplinary actions: <Amended by Act No. 13505, Sep. 1, 2015> | 1. | When a person violates this Act or an order issued pursuant to this Act; |
| 2. | When a person commits an act of degrading decency, whether in the scope of duties or not; |
| 3. | When a person breaches his/her duty in the scope of his/her duties or neglects his/her duties. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 56-2 (Surcharges for Disciplinary Action) |
| (1) | Where a person who has the authority to take disciplinary actions requests the disciplinary committee to pass a resolution on disciplinary actions against a member of the armed forces pursuant to Article 56, and the cause for such disciplinary action is the acceptance of bribes and entertainment, embezzlement or misappropriation of government funds, he/she shall request the disciplinary committee under Article 58-2 to pass a resolution on the imposition of surcharges for disciplinary actions within five times the amount of bribes and entertainment accepted, the amount of government funds embezzled or misappropriated in addition to the relevant disciplinary actions. <Amended by Act No. 13505, Sep. 1, 2015> |
| (2) | Where a person subject to imposition of surcharges for disciplinary actions has received criminal punishment pursuant to other Acts due to the acceptance of bribes and entertainment, embezzlement or misappropriation of government funds or has fulfilled the responsibility for compensation (including where he/she has been subjected to confiscation or additional collection) before the disciplinary committee passes a resolution on the imposition of surcharges for disciplinary actions, it shall pass a resolution on the imposition of surcharges for disciplinary actions within the limits adjusted, as prescribed by Presidential Decree, and where the person subject to the imposition of surcharges for disciplinary actions has received criminal punishment or has fulfilled the responsibility for compensation (including where he/she has been subjected to confiscation or additional collection) after the disciplinary committee passed a resolution on the imposition of surcharges for disciplinary actions, it shall take measures, such as a reduction of or exemption from surcharges for disciplinary actions, as prescribed by Presidential Decree. |
| (3) | Where a person subjected to imposition of surcharges for disciplinary actions pursuant to paragraph (1) fails to pay the surcharges by the payment deadline, a person who has the authority to take disciplinary actions (where a person who has the authority to take disciplinary actions is the head of a military unit or agency not larger than the size prescribed by Presidential Decree, referring to the head of a higher military unit or agency) may collect such surcharges in the same manner as delinquent national taxes are collected. |
[This Article Newly Inserted by Act No. 12747, Jun. 11, 2014]
| Article 57 (Kinds of Disciplinary Actions) |
| (1) | Disciplinary actions against officers, warrant officers, and noncommissioned officers shall be classified into heavy disciplinary actions and minor disciplinary actions; heavy disciplinary actions shall be classified into expulsion, dismissal, demotion, and suspension from office and minor disciplinary actions into salary reduction, probation, and reprimand; and each kind of disciplinary measure shall be defined in detail as follows: |
| 1. | The term "expulsion" or "dismissal" means deprivation of the status of an officer, a warrant officer, or a noncommissioned officer; |
| 2. | The term "demotion" means degradation of a rank by one rank: Provided, That no one shall be demoted from an officer to a warrant officer or from a noncommissioned officer to an enlisted person; |
| 3. | The term "suspension from office" means that a person continues to hold his/her position but is not permitted to perform his/her duties and is under probation at a specified place, and the period shall not be less than one month but not more than three months. During the period of suspension from office, remuneration shall be reduced by two-thirds; |
| 4. | The term "salary reduction" means a reduction of salary by one-third for a period that shall not be less than one month but not more than three months; |
| 5. | The term "probation" means that a person having authority over disciplinary actions orders a person to take time to reflect on his/her misconduct at a specified place in a designated military base after daily service for a period that shall not exceed ten days; |
| 6. | The term "reprimand" means investigating misconducts and giving admonitions for the future. |
| (2) | Disciplinary measures for enlisted personnel shall be classified into demotion, detention in a guardhouse, restriction on leave, and probation, and each kind of disciplinary actions shall be defined in detail as follows: |
| 1. | The term "demotion" means degradation of a rank by one rank; |
| 2. | The term "detention in a guardhouse" means detention in a guardhouse in a military unit, a ship or other detention facilities for a period shall not exceed 15 days; |
| 3. | The term "restriction on leave" means a restriction on the number of holidays for a period that shall not exceed five days each time, while the total number of restricted days during the service period shall not exceed 15 days; |
| 4. | The term "probation" means that a person is barred from performing his/her daily service, except training or education, and shall take time to reflect on his/her misconduct at a specified place for a period that shall not exceed 15 days. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 58 (Persons with Authority over Disciplinary Actions) |
| (1) | The Minister of National Defense and the head of each military unit or agency shall have authority over disciplinary actions taken against military personnel under his/her command or supervision as classified in the following: <Amended by Act No. 14609, Mar. 21, 2017> |
| 1. | Disciplinary actions against general-grade officers: The Minister of National Defense, the Chairman of the Joint Chiefs of Staff, and each Chief of Staff; |
| 2. | Disciplinary actions against officers, except general-grade officers, warrant officers, noncommissioned officers, and enlisted personnel: Each divisional commander (including each brigade commander), fleet commander, Air Force wing commander, and the head of an equivalent or superior military unit or agency; |
| 3. | Minor disciplinary actions against officers, except general-grade officers, and warrant officers and disciplinary measures against noncommissioned officers and enlisted personnel: Each regimental commander, ship commander, Air Force group commander, and the head of a similar military unit or agency; |
| 4. | Minor disciplinary actions against noncommissioned officers and disciplinary measures against enlisted personnel: Each battalion commander and the head of a similar military unit or agency; |
| 5. | Disciplinary actions against enlisted personnel: Each company commander and the head of a similar military unit or agency. |
| (2) | The Minister of National Defense shall have authority over disciplinary actions against general-grade officers of the Defense Acquisition Program Administration, while the Minister of the Defense Acquisition Program Administration shall have authority over disciplinary actions against officers, except general-grade officers, warrant officers, and noncommissioned officers of the Defense Acquisition Program Administration. <Amended by Act No. 14609, Mar. 21, 2017> |
| (3) | When a person having authority over disciplinary actions intends to make a disposition of expulsion, dismissal, or demotion, among the disciplinary actions under paragraphs (1) and (2), he/she shall obtain approval from the person specified in one of the following subparagraphs: Provided, That the foregoing shall not apply to cases where the person having authority over disciplinary actions is superior to the person having authority for appointment: <Amended by Act No. 14609, Mar. 21, 2017> |
| 1. | For the expulsion or dismissal of an officer or the demotion of a general-grade officer: The person having authority for appointment; |
| 2. | For the expulsion or dismissal of a warrant officer or the demotion of an officer who is not a general-grade officer: The Minister of National Defense; |
| 3. | For the expulsion or dismissal of a noncommissioned officer: Each Chief of Staff; |
| 4. | For the demotion of an enlisted person: Each regimental commander, ship commander, and Air Force group commander. |
| (4) | The Minister of National Defense may take a disciplinary action against a general-grade officer of the Defense Acquisition Program Administration pursuant to paragraph (2), only when the Minister of the Defense Acquisition Program Administration requests the Minister to take a disciplinary action. Necessary matters concerning the procedure for requesting a disciplinary measure shall be prescribed by Presidential Decree. <Amended by Act No. 14609, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 58-2 (Disciplinary Committee) |
| (1) | A disciplinary committee shall be established in a military unit or agency for which the relevant person who has authority to take disciplinary actions is responsible in order to deliberate on disciplinary actions against or the imposition of fines resulting from disciplinary actions (hereinafter referred to as "disciplinary measures, etc.") on military personnel. |
| (2) | A disciplinary committee shall be composed of three members from among officers, warrant officers, or noncommissioned officers superior to a person subject to deliberation on disciplinary actions, etc., and at least one officer shall be included therein: Provided, That where a person subject to deliberation on disciplinary actions, etc., is an enlisted person, the disciplinary committee may be composed of noncommissioned officers only. |
[This Article Newly Inserted by Act No. 13505, Sep. 1, 2015]
| Article 59 (Procedure for Disciplinary Actions, etc.) |
| (1) | Disciplinary measures, etc. shall be deliberated by the disciplinary committee. <Amended by Act No. 12747, Jun. 11, 2014; Act No. 13505, Sep. 1, 2015> |
| (2) | The disciplinary committee shall give opportunities to a person subject to deliberation on disciplinary actions, etc., to make a sufficient statement in writing or in oral. <Amended by Act No. 13505, Sep. 1, 2015> |
| (3) | The disciplinary committee shall make deliberation or pass a resolution within 30 days from the date a person who has authority to take disciplinary actions requests the disciplinary committee to pass a resolution determining disciplinary actions or a resolution imposing a fine resulting from disciplinary actions (hereinafter referred to as "resolution determining disciplinary actions, etc."): Provided, That where an extenuating circumstance exists, it may extend the period for making deliberation or passing a resolution for up to 30 days by its decision. <Amended by Act No. 13505, Sep. 1, 2015> |
| (4) | Where a person who has authority to take disciplinary actions receives the result of a resolution determining disciplinary actions, etc., from the disciplinary committee pursuant to paragraph (3), he/she shall take disciplinary actions, etc., within 15 days from that date: Provided, That where he/she receives notification of an opinion on the legitimacy of the confinement in the stockade from a military judicial officer in charge of the protection of human rights of enlisted service personnel pursuant to Article 59-2 (3), he/she shall take disciplinary actions, etc., within 15 days from that date. <Amended by Act No. 12747, Jun. 11, 2014; Act No. 13505, Sep. 1, 2015> |
| (5) | When a person having the authority to take disciplinary actions deems that a resolution passed by the disciplinary committee is light, he/she may make a request for an examination or review to the disciplinary committee established in the military unit or agency superior by two tiers to the person having authority over disciplinary actions, to which a legal officer is assigned, (or the disciplinary committee established in the Ministry of National Defense as regards a resolution adopted by the disciplinary committee established in the Ministry of National Defense) before he/she takes disciplinary actions, etc. In such cases, the person having the authority to take disciplinary actions shall take disciplinary actions, etc., in accordance with the results of the resolution on the examination or review. <Amended by Act No. 12747, Jun. 11, 2014; Act No. 13505, Sep. 1, 2015> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 59-2 (Procedure for Detention in Guardhouse) |
| (1) | A detention in a guardhouse shall be made only when it is impossible to force a person to perform his/her duty by a restriction on holidays, probation, etc. and physical confinement is required for maintaining the service discipline. |
| (2) | A detention in a guardhouse shall be executed by a person having authority over disciplinary measures after the judge advocate in charge of the protection of human rights of enlisted personnel (hereinafter referred to "judge advocate for human rights") examines its legitimacy, subject to prior resolution by the disciplinary committee: Provided, That the foregoing shall not apply to cases where it is impossible to conduct the examination on legitimacy by a judge advocate for human rights because a ship involved is on a tour abroad or due to other urgent matters specified by Presidential Decree. |
| (3) | The judge advocate for human rights shall examine the legitimacy of a detention in the guardhouse, including the causes for the detention in the guardhouse, the procedure for the detention, and the appropriateness of the determination and shall notify the person having authority over disciplinary actions of his/her opinion. |
| (4) | A judge advocate for human rights in the Ministry of National Defense, or a military unit or agency under its direct command, shall be appointed by the Minister of National Defense, from among its judge advocates, while a judge advocate for human rights in each Armed Force shall be appointed by the competent Chief of Staff, among its judge advocates. |
| (5) | The person having authority over disciplinary actions who receives an opinion on the examination under paragraph (3) shall respect the opinion. In such cases, if the opinion states that the ground for a disposition in the guardhouse resolved by the disciplinary committee does not constitute a cause for the detention in the guardhouse, the detention in the guardhouse shall not be made, but if the opinion recognizes that there was a serious defect in the proceedings, such that the person subject to disciplinary actions was not given an opportunity to make statements, the case may be brought again before the disciplinary committee. |
| (6) | A person having authority over disciplinary actions shall, within 48 hours from the time a detention in the guardhouse is executed, notify a person designated by the detainee from among the detainee's legal representative, spouse, lineal relatives, or siblings of the name of the disciplinary case, the date, time, and place of execution, summarized facts relevant to the disciplinary measure, the cause of the disciplinary action, and effects of the disciplinary action: Provided, That the foregoing shall not apply to cases where the detainee does not want such notice. |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 59-3 (Relationship, etc., with Inspection by Board of Audit and Inspection of Korea) |
| (1) | When the Board of Audit and Inspection of Korea, military prosecution, military judicial police officer, or any other investigative agency commences or concludes an inspection or investigation of corruption of a member of the armed forces, it or he/she shall notify the head of a military unit to which the member of the armed forces belongs, the head of a supervisory unit or agency, of such fact within ten days. |
| (2) | No person who has authority to take disciplinary actions shall request a disciplinary committee to pass a resolution determining disciplinary actions or follow disciplinary procedures from the date he/she receives notification of the commencement of an inspection under paragraph (1) with regard to a case inspected by the Board of Audit and Inspection of Korea. |
| (3) | A person who has authority to take disciplinary actions may choose not to request a disciplinary committee to pass a resolution determining disciplinary actions or follow disciplinary procedures from the date he/she receives notification of the commencement of an inspection under paragraph (1) with regard to a case investigated by military prosecution, a military judicial police officer, or any other investigative agency. |
[This Article Newly Inserted Act No. 13505, Sep. 1, 2015]
| Article 59-4 (Determination, etc., of Types of Disciplinary Action and Amount of Fines Resulting from Disciplinary Action) |
| (1) | Where the disciplinary committee passes a resolution determining disciplinary action, etc., it shall consider the relative seriousness of an act subject to disciplinary action, the behavior, service record, distinguished service, and degree of regret of a person subject to deliberation, and other extenuating circumstances. |
| (2) | Detailed criteria for determining the types of disciplinary action and the amounts of fines resulting from disciplinary action shall be prescribed by Ordinance of the Ministry of National Defense. |
[This Article Newly Inserted by Act No. 14180, May 29, 2016]
| (1) | A person who has been subjected to disciplinary actions, etc. may file a complaint with the head of the military unit or agency superior by one tier to the person having the authority to take disciplinary actions, which is under the command of a general-grade officer, within 30 days after receipt of a notice of such measures, etc. with the assistance of the judge advocate for human rights: Provided, That if the person having the authority to take disciplinary actions is the Minister of National Defense or there is no military unit or agency superior by one tier to the person having the authority to take disciplinary actions, which is under the command of a general-grade officer, such a complaint may be filed with the Minister of National Defense. <Amended by Act No. 12747, Jun. 11, 2014; Act No. 14609, Mar. 21, 2017> |
| (2) | Notwithstanding the main sentence of paragraph (1), an officer or warrant officer who becomes subject to a heavy disciplinary action may file a complaint with the Minister of National Defense, while a noncommissioned officer who becomes subject to a heavy disciplinary action may file a complaint with the competent Chief of Staff. |
| (3) | Where a member of the armed forces belonging to the Defense Acquisition Program Administration, against whom the Minister of the Defense Acquisition Program Administration has the authority to take disciplinary actions, becomes subject to disciplinary actions, etc., such personnel may file a complaint with the Minister of National Defense. <Amended by Act No. 12747, Jun. 11, 2014> |
| (4) | When a person who becomes subject to disciplinary actions, etc., and who intends to file a complaint under the main sentence of paragraph (1), is transferred to another military unit or agency, he/she shall file the complaint with the head of the military unit or agency superior by one tier to the military unit or agency to which he/she belongs at the time of filing the complaint. In such cases, the head of the military unit or agency superior by one tier shall be a general-grade officer superior to the person who took disciplinary actions, etc. <Amended by Act No. 12747, Jun. 11, 2014; Act No. 14609, Mar. 21, 2017> |
| (5) | The execution of a detention in a guardhouse shall be suspended when a complaint against the detention in the guardhouse is filed pursuant to paragraph (1) or (4). |
| (6) | Upon receipt of a complaint pursuant to any provision of paragraphs (1) through (4), the Minister of National Defense and the head of a military unit or agency may cancel or mitigate the initial disciplinary actions, etc., subject to examination by the complaints examination committee under Article 60-2: Provided, That he/she shall not impose a disciplinary action heavier than the initial disciplinary actions or impose surcharges for disciplinary actions heavier than the initially imposed surcharges for disciplinary action. <Amended by Act No. 12747, Jun. 11, 2014> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 60-2 (Complaints Examination Committee) |
| (1) | A complaints examination committee shall be established in the military unit or agency superior by one tier to the person having the authority to impose disciplinary actions, which is commanded by a general-grade officer, in order to examine complaints filed against disciplinary actions, etc.: Provided, That a complaints examination committee shall be established in the Ministry of National Defense where the person having the authority to impose disciplinary actions is the Minister of National Defense and where a complaint is filed with the Minister of National Defense in accordance with Article 60 (2). <Amended by Act No. 12747, Jun. 11, 2014; Act No. 14609, Mar. 21, 2017> |
| (2) | The complaints examination committee shall be comprised of at least five, but not exceeding nine officers. In such cases, one of the members shall be a judge advocate or an officer who has knowledge of law. |
| (3) | Article 59 (2) shall apply mutatis mutandis to the examination of complaints by the complaints examination committee. <Newly Inserted by Act No. 13505, Sep. 1, 2015> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 60-3 (Time Limitations on Grounds for Disciplinary Actions and Imposition of Surcharges for Disciplinary Actions) |
| (1) | No resolution for a disciplinary action and the imposition of surcharges for a disciplinary action shall be requested following the lapse of three years (five years for offering or receipt of money or goods or embezzlement or misappropriation of government funds) from the date on which the grounds for the disciplinary action occurs. <Amended by Act No. 12747, Jun. 11, 2014> |
| (2) | Where the complaints examination committee or a court makes a decision or judgment to annul or cancel disciplinary action, etc. on the ground of a defect in the organization of the disciplinary committee or in passing a resolution on a disciplinary action and the imposition of surcharges for a disciplinary action or other procedural defect, or the level of disciplinary action and excess surcharges for disciplinary measures, another resolution for disciplinary actions and the imposition of surcharges for disciplinary actions may be requested within three months from the date on which the decision or judgment becomes final and conclusive, even where the period under paragraph (1) has already lapsed or the remaining period is less than three months. <Amended by Act No. 12747, Jun. 11, 2014> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 61 (Delegation Provisions) |
Matters concerning the organization and operation of the disciplinary committee and the complaints examination committee, procedures for disciplinary actions, procedures for imposition of surcharges for disciplinary actions and complaints, and other necessary matters for the enforcement of disciplinary actions, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 12747, Jun. 11, 2014>
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
CHAPTER XI SUPPLEMENTARY PROVISIONS
| Article 62 (Provision of Grants for Additional Military Service) |
| (1) | Where the Minister of National Defense deems it necessary to secure excellent military personnel, he/she may select persons who desire to be appointed as an officer or a noncommissioned officer, from among students enrolled in a school at any level established by the Elementary and Secondary Education Act, the Higher Education Act, or other Acts (including technical colleges and educational institutions with degree courses installed), provide them with grants for additional military service, and recruit them as officers or noncommissioned officers after graduation. <Amended by Act No. 14609, Mar. 21, 2017> |
| (2) | Where the selection of a person who has been provided with grants for additional military service under paragraph (1) is revoked due to a cause attributable to the person or when such person is discharged from active service or removed from the military register without serving for the additional service period under Article 7 (3) or (4), the person or his/her joint guarantor may be ordered to fully or partially return the grants for additional military service provided, and if the person or his/her joint guarantor fails to return such, it may be collected in the same manner as delinquent national taxes are collected: Provided, That the foregoing shall not apply where there is any unavoidable cause specified by Presidential Decree. <Amended by Act No. 14609, Mar. 21, 2017> |
| (3) | Necessary matters concerning the selection of persons referred to in paragraph (1) and the revocation of the selection, the scope of grants for additional military service, the method of providing such grants, the amount recoverable at the time of non-performance of obligations, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 14609, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 10703, May 24, 2011]
| Article 62-2 (Provision of Incentives) |
| (1) | Each armed force may provide incentives to any of the following persons, to recruit excellent human resources: Provided, That the foregoing shall not apply where they receive grants for additional military service pursuant to Article 62: <Amended by Act No. 14609, Mar. 21, 2017> |
| 1. | Reserve officer candidates who will become officer candidates; |
| 3. | Students due to become officer candidates according to their applications (limited to where they are required for the management of human resources of the armed forces), who are college students other than reserve officer candidates. |
| (2) | Matters necessary for the payment of grants under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12904, Dec. 30, 2014]
| Article 63 (Personnel Records) |
| (1) | The Minister of National Defense shall prepare, maintain, keep the personnel records (including military register; hereafter the same shall apply in this Article) of military personnel. |
| (2) | The Minister of National Defense may establish and operate a system that builds a database to manage the personnel records of military personnel under paragraph (1) and handles personnel affairs in an electronic form. |
| (3) | Matters necessary for the preparation, maintenance, and keeping of personnel records, the construction and operation of a system, and other affairs under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of National Defense. |
[This Article Wholly Amended by Act No. 14609, Mar. 21, 2017]
| Article 64 (Delegation of Authority by Navy Chief of Staff) |
The Navy Chief of Staff may delegate his/her authority to the Commander of the Marine Corps concerning the Marine Corps among matters provided for in Articles 8 (3), 13, 20, 21 (1), 22 (3), 25, 43, 58, and 63. [This Article Newly Inserted by Act No. 10824, Jul. 14, 2011]
| Article 65 Deleted. <by Act No. 10703, May 24, 2011> |
| Article 66 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
When Articles 127 and 129 through 132 of the Criminal Act apply, non-public officials among members of the general committee on examination of death and injury in distinguished military services or the Central Committee on Examination of Death and Injury in Distinguished Military Services shall be deemed public officials. [This Article Newly Inserted by Act No. 13775, Jan. 19, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 25, 1962.
Article 2 (Invalidation)
If a statute among pre-existing statutes conflicts with this Act, only the provisions conflicting with this Act thereof shall become invalid.
Article 3 (Transitional Measures)
Officers, warrant officers, and noncommissioned officers who are in active service as at the time this Act enters into force shall be deemed to have been assigned and promoted pursuant to this Act.
Article 4 (Idem)
The term of office for officers in any of the positions specified in Articles 19 and 21, among officers who are in active service as at the time this Act enters into force, shall be counted from the date on which each officer was assigned to his/her current position. Article 5 (Idem)
The rank retirement years of each general-grade officer specified in Article 8 (1) 3 of this Act shall be counted from the date of the relevant brevet promotion for the purpose of the enforcement of this Act. Article 6 (Idem)
Officer candidates, persons who successfully passed the officer candidate examination, enlisted personnel who volunteered for long-term service, or persons who are serving as noncommissioned officer candidates as at the time this Act enters into force shall not be subject to limitations on age under Article 15 of this Act. Article 7 (Idem)
The Minister of National Defense may shorten the minimum service period for promotion to Captain, Major, or Lieutenant Colonel under Article 26 (1) of this Act by one year only for four years from the enforcement date of this Act. Article 8 (Idem)
The Minister of National Defense may extend the rank retirement years of company-grade officers specified in Article 8 (1) 3 by not more than two years for four years from the enforcement date of this Act. Article 9 (Idem)
As regards persons who attain the rank retirement years under Article 8 (1) 3 before they are included in the persons eligible for selection for promotion under Article 26 (1) of this Act as at the time this Act enters into force, discharging them from active service shall be deferred once until they receive the examination on the selection for promotion once pursuant to this Act. Article 10 (Idem)
Officers who have been in active service for not less than ten years as at the time this Act enters into force shall be deemed long-term service officers. The classification of services of other officers shall be carried out within four years from the enforcement date of this Act, as prescribed by Presidential Decree.
Article 11 (Idem)
Officers promoted by brevet before this Act enters into force shall be deemed to have been promoted by brevet pursuant to Article 33 of this Act: Provided, That officers who graduated from the Military Academy in or after 1955, military officers and legal officers of the Army, and officers of the Navy, the Air Force, and the Marine Corps shall be deemed to have been promoted pursuant to Article 26 (1) of this Act. <Amended by Act No. 1041, Mar. 26, 1962> Article 12 (Disciplinary Actions against Civilian Military Employees)
Provisions regarding disciplinary actions in this Act shall apply mutatis mutandis to civilian military employees until a separate Act is enacted.
[This Article Newly Inserted by Act No. 1041, Mar. 26, 1962]
ADDENDUM <Act No. 1016, Jan. 29, 1962>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1041, Mar. 26, 1962>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1085, May 31, 1962>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 1406, Sep. 24, 1963>
Article 1 (Enforcement Date)
This Act shall enter into force on August 31, 1963.
Article 2 (Transitional Measures)
Dental officers of the Army, who were promoted by brevet on or before January 25, 1962 and who have been in continuous active service in the Army as at the time this Act enters into force, shall be deemed to have been promoted pursuant to Article 26 (1) on the date of the brevet promotion. Article 3 (Idem)
Only as regards the Army, the person having authority for discharge from active service may defer the discharge from active service of Colonels and lower-ranking officers who attain the rank retirement years specified in Article 8 (1) 3 but who have any special career experience, technique, or experience specified by Presidential Decree, prescribing a period, not exceeding three years, for eight years from the enforcement date of this Act, subject to deliberation by the committee for examination on discharge from active service, notwithstanding Article 36. Article 4 (Idem)
The compulsory service period of noncommissioned officers, who were appointed on or after January 25, 1962 and who are in active service for the Nary or the Marine Corps as at the time this Act enters into force, shall be three years.
Article 5 (Idem)
Notwithstanding Article 21 (2) and (3), the term of office for the heads of branch of the Army appointed before this Act enters into force, shall be three years, and such heads of branch shall not be transferred to a position in a similar line. Article 6 (Disciplinary Actions against Officers and Noncommissioned Officers of Labor Corps)
Provisions regarding disciplinary actions in this Act shall apply mutatis mutandis to officers in the reserves and noncommissioned officers who work for the Labor Corps until a separate statutes are enacted.
ADDENDUM <Act No. 1576, Dec. 16, 1963>
This Act shall enter into force on the enforcement date of the amended Constitution that was promulgated on December 26, 1962.
ADDENDUM <Act No. 1733, Dec. 30, 1965>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1837, Oct. 4, 1966>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1999, Mar. 18, 1968>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 2295, Jan. 22, 1971>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Special Exception to Discharge from Active Service) As regards persons who have special career experience, technique, or experience specified by Presidential Decree, among officers with the rank of Lieutenant Colonel or Major who attain the retirement years for continuous service or the rank retirement years under Article 8 (1) 2 or 3, the person having authority for discharge from active service may defer the discharge of such from active service, prescribing a period, not exceeding three years, for seven years from the enforcement date of this Act, subject to deliberation by the committee for examination on discharge from active service, notwithstanding Article 36. |
ADDENDA <Act No. 2456, Jan. 30, 1973>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Special Exception to Discharge from Active Service) As regards persons who have special career experience, technique, or experience specified by Presidential Decree, among field-grade officers who attain the retirement years for continuous service or the rank retirement years under Article 8 (1) 2 or 3, the person having authority for discharge from active service may defer the discharge of such from active service, prescribing a period, not exceeding three years, for seven years from the enforcement date of this Act, subject to deliberation by the committee for examination on discharge from active service, notwithstanding Article 36. |
ADDENDA <Act No. 2626, Oct. 10, 1973>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Branches) Military personnel in the branch of infantry, armor, or artillery of the Marine Corps as at the time this Act enters into force shall be deemed to belong to the branch of the Marine Corps of the Navy, military personnel in the branch of engineering or transportation of the Marine Corps to the installation branch of the Navy, military personnel in the branch of troop information and education of the Marine Corps to the professional branch of the Navy, and military personnel in the branch of communications, weaponry, aviation, supply, or accounting of the Marine Corps to the corresponding branch of the Navy. |
| (3) | (Transitional Measures concerning Branches) Military personnel in the combatant branch of the Navy as at the time this Act enters into force shall be deemed to belong to the branch of ships, military personnel in the engineering branch of the Navy to the ship engine branch, and military personnel in the branch of accounting or installation among special branches of the Navy to the branch of accounting or installation, among the basic branches. |
| (4) | (Transitional Measures concerning Persons with Authority for Disciplinary Actions, etc.) Disciplinary actions, complaints against disciplinary actions, and petitions for personnel management, which are pending with the Marine Corps Command or any military unit or agency under its command, shall be handled by the headquarters of the Navy, and a person who intends to file a complaint against a disciplinary action or a petition on personnel management after this Act enters into force shall file such a complaint or petition with the Chief of Staff of the Naval Operations. |
ADDENDUM <Act No. 2727, Dec. 26, 1974>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2979, Dec. 31, 1976>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3265, Dec. 4, 1980>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That Article 8 (1) 3 shall enter into force on June 1, 1981. |
| (2) | (Transitional Measures concerning Retirement Age of Master Sergeants) The retirement age of Master Sergeants under Article 8 (1) 1 in each branch may be shortened until December 31, 1986, taking into consideration the plan for the demand and supply of manpower of each Armed Force, as prescribed by Presidential Decree. |
| (3) | (Beginning of Term of Office for Chairperson of Joint Chiefs of Staff and Chiefs of Staff) The term of office for the Chairperson of the Joint Chiefs of Staff and each Chief of Staff who are incumbent as at the time this Act enters into force shall be counted from the date on which each of them was appointed to the position. |
| (4) | (Special Exception to Minimum Service Period for Promotion) The application of the minimum service period for promotion of persons who are expected to be promoted to Major or Captain in 1981 shall be governed by the previous provisions. |
ADDENDA <Act No. 3469, Dec. 17, 1981>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The compulsory service period of officers in a basic branch, except the operations branch, among officers from the officer candidate course of the Air Force who are in military service as at the time this Act enters into force, shall be governed by the previous provisions. |
ADDENDUM <Act No. 3697, Dec. 31, 1983>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6 (3), 7 (1) 5, 11 (1) 3 and (2) 4, and 26 (3) shall enter into force on the enforcement date of the amended Military Service Act (Act No. 3696).
ADDENDA <Act No. 3802, Dec. 31, 1985>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The term of office for each Chief of Staff appointed pursuant to the previous provisions who is incumbent as at the time this Act enters into force shall be governed by the amended provision of Article 19 (3). |
ADDENDA <Act No. 4085, Mar. 22, 1989>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Retirement Age from Active Service)
Discharging a person who attained the retirement age under the previous provisions from active service as of the day immediately before the enforcement date of this Act shall be governed by the previous provisions.
Article 3 (Transitional Measures concerning Retirement Age)
As regards the retirement age of field-grade officers under Article 8 (1) 1, the retirement age until December 31, 1990 shall be shortened to 51 years of age for Colonels, 48 years for Lieutenant Colonels, and 44 years for Majors; the retirement age of Colonels until December 31, 1992 shall be shortened to 52 years of age. Article 4 (Transitional Measures concerning Retirement Years for Continuous Service)
As regards the retirement years for continuous service of field-grade officers under Article 8 (1) 2, the retirement years for continuous service shall be shortened to 28 years for Colonels and 25 years for Lieutenant Colonels until December 31, 1990; and the retirement years for continuous service of Colonels shall be shortened to 29 years until December 31, 1992. Article 5 (Transitional Measures concerning Rank Retirement Years)
Notwithstanding the amended provisions of Article 8 (1) 3, the rank retirement years shall remain unchanged as ten years for Colonels, among field-grade officers, and as nine years for Lieutenant Colonels and Majors until December 31, 1990; the rank retirement years shall remain unchanged as 11 years for Colonels and as ten years for Lieutenant Colonels and Majors until December 31, 1992; and the rank retirement years shall remain unchanged as 12 years for Colonels and ten years for Lieutenant Colonels and Majors until December 31, 1994. Article 6 (Transitional Measures concerning Rank of Master Sergeant)
Master Sergeants as at the time this Act enters into force shall be deemed Second Master Sergeants under this Act.
Article 7 (Transitional Measures concerning Branches)
Persons who hold the specialty of anti-aircraft guns, given by the Air Force, as at the time this Act enters into force, shall be deemed to belong to the branch of anti-aircraft guns of the Air Force under this Act.
Article 8 (Beginning of Term of Office for Chiefs of Staff)
The term of office for each Chief of Staff who is incumbent as at the time this Act enters into force shall be counted from the date on which he/she was appointed to the position.
Article 9 (Transitional Measures concerning Minimum Continuous Service Period for Promotion)
| (1) | The minimum continuous service period for promotion to each rank under Article 26 (1) shall be shortened for application: The minimum continuous service period for promotion to Major General shall be 24 years until December 31, 1991 and 25 years until December 31, 1994; the minimum continuous service period for promotion to Brigadier General shall be 22 years until December 31, 1991 and 23 years until December 31, 1994; the minimum continuous service period for promotion to Colonel shall be 17 years until December 31, 1992, 18 years until December 31, 1995, and 19 years until December 31, 1998; the minimum continuous service period for promotion to Lieutenant Colonel shall be 12 years until December 31, 1992, 13 years until December 31, 1995, and 14 years until December 31, 1998; and the minimum continuous service period for promotion to Major shall be 8 years until December 31, 1992 and 9 years until December 31, 1995 respectively. |
| (2) | Notwithstanding paragraph (1), the minimum continuous service period for promotion to each rank under Article 26 (1) shall be shortened for the application to legal officers, medical officers, and dental officers: the minimum continuous service period for promotion to Major General shall be 19 years until December 31, 1995, 21 years until December 31, 1998, 22 years until December 31, 2001, and 23 years until December 31, 2004 respectively; the minimum continuous service period for promotion to Brigadier General shall be 17 years until December 31, 1995, 19 years until December 31, 1998, 20 years until December 31, 2001, and 21 years until December 31, 2004; the minimum continuous service period for promotion to Colonel shall be 12 years until December 31, 1992, 13 years until December 31, 1995, 14 years until December 31, 1998, 16 years until December 31, 2001, and 17 years until December 31, 2004; the minimum continuous service period for promotion to Lieutenant Colonel shall be nine years until December 31, 1992, ten years until December 31, 1995, 11 years until December 31, 1998, and 12 years until December 31, 2001; and the minimum continuous service period for promotion to Major shall be six years until December 31, 1992 and seven years until December 31, 1998. <Newly Inserted by Act No. 4158, Dec. 30, 1989; Act No. 4506, Dec. 2, 1992> |
Article 10 (Transitional Measures concerning Minimum Service Period for Promotion)
The application of the minimum service period for promotion of candidates for promotion from the enforcement date of this Act shall be governed by the previous provisions until December 31, 1989.
ADDENDA <Act No. 4158, Dec. 30, 1989>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (1) 3 shall enter into force on April 1, 1990. |
| (2) | (Transitional Measures concerning Service Period of Female Military Personnel) The service period of female military personnel in service pursuant to the previous provisions as at the time this Act enters into force shall be governed by the previous provisions. |
| (3) | (Transitional Measures concerning Classification of Branches of Female Military Personnel) Female military personnel in the branch of female military personnel (including the head of the branch) under the previous provisions as at the time this Act enters into force shall be classified into basic branches and special branches under Article 5 (1) within three months after this Act enters into force, and the head of the branch of female military personnel, who was appointed pursuant to the previous provisions, shall not be discharged from active service during her remaining term of office, notwithstanding Article 21 (3). |
| (4) | (Transitional Measures concerning Persons Appointed as Chaplain Officers) Persons who were appointed as chaplain officers pursuant to the previous provisions before April 1, 1990 shall be deemed to have been appointed pursuant to this Act. |
| (5) | (Transitional Measures concerning Persons Appointed as Chaplain Officers) Persons who are enlisted in the military register of officers in active service in the branch of chaplains pursuant to provisions of the Military Service Act on or after April 1, 1990 may be appointed as chaplain officers, notwithstanding the amended provisions of Article 12 (1) 3. |
ADDENDA <Act No. 4374, May 31, 1991>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Entrusted Military Trainees) Persons appointed as a short-term service officer or a noncommissioned officer who are in service as at the time this Act enters into force after completing a specified course as an entrusted military trainee pursuant to the previous provisions of Article 7 (3) and (4) shall be deemed to have been appointed and be in service as a short-term service officer or a noncommissioned officer after completing a specified course as a military scholarship student under this Act. |
| (3) | (Transitional Measures concerning Defecting North Korean Soldiers) Defecting North Korean soldiers appointed officers in the Republic of Korea Armed Forces who are in service as at the time this Act enters into force pursuant to Article 6 of the Act on the Special Compensation to Defecting North Korean Soldiers shall be deemed to have been appointed pursuant to the amended proviso to Article 12 (1). |
ADDENDA <Act No. 4506, Dec. 2, 1992>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Compulsory Service Period)
The compulsory service period of officers, warrant officers, and long-term service noncommissioned officers in the operations branch of the Air Force appointed pursuant to the previous provisions, and persons enrolled in an officer candidate course in order to become officers, warrant officers, and long-term service noncommissioned officers in the operations branch of the Air Force as at the time this Act enters into force shall be governed by the previous provisions, notwithstanding Article 7 and the amended proviso to Article 49 (3) of the Military Service Act. Article 3 (Transitional Measures concerning Classification of Branches)
Basic branches of the Navy under the amended provisions of Article 5 (1) 1 (ii) shall be classified within three months after this Act enters into force. Article 4 (Transitional Measures concerning Persons Whose Discharge from Active Service is Deferred)
The amended provisions of Article 24 shall also apply to persons whose discharge from active service has been deferred pursuant to Article 39 (1) and (2) as at the time this Act enters into force. Article 5 (Transitional Measures concerning Term of Office for Heads of Branch)
The term of office for a person appointed first to the head of the branch of administration, military police, engineering, transportation, Marine Corps communications, Marine Corps weaponry, Marine Corps supply, or Marine Corps military police of the Navy, which shall be newly installed pursuant to the amended provisions of Article 21 (4) 2, may be calculated by including the period during which he/she has performed a duty corresponding to the position before this Act enters into force in the term of office. Article 6 (Transitional Measures concerning Discharge of Head of Aviation Branch from Active Service)
Article 21 (3) shall not apply to the head of the aviation branch of the Navy who was appointed pursuant to the previous provisions before this Act enters into force. Article 7 (Transitional Measures concerning Disciplinary Cases)
Disciplinary cases for which disciplinary proceedings are pending as at the time this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Articles 57 and 59. Article 8 Omitted.
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. 4695, Dec. 31, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions regarding the retirement age of warrant officers and noncommissioned officers under Article 8 (1) 1 and 2 and the minimum service period for promotion to Sergeant Major shall enter into force on January 1, 1994, the provisions regarding the retirement age of officers under Article 8 (1) 1 and 2 and the minimum service period for promotion of officers under Article 26 (1) shall enter into force on January 1, 1997, and the provisions regarding the minimum service period for promotion from First Lieutenant to Captain shall enter into force on January 1, 1994. Article 2 (Transitional Measures concerning Retirement Age from Active Service)
Discharge from active service of a person who attained the retirement age under the previous provisions before the enforcement date of this Act shall be governed by the previous provisions.
Article 3 (Transitional Measures concerning Retirement Age)
| (1) | As regards the retirement age of field-grade officers under the amended provisions of Article 8 (1) 1, the retirement age of Colonels and Lieutenant Colonels shall be shortened to 54 and 50 years of age, respectively, until December 31, 1999; the retirement age of Colonels and Lieutenant Colonels shall be shortened to 55 and 51 years of age respectively until December 31, 2002; and the retirement age of Lieutenant Colonels shall be shortened to 52 years of age until December 31, 2005. |
| (2) | As regards the retirement age of warrant officers and noncommissioned officers under the amended provisions of Article 8 (1) 1, the retirement age shall be shortened to 54 years of age for warrant officers and Sergeants Major and to 51 years of age for Master Sergeants until December 31, 1996, and the retirement age of Master Sergeants shall be shortened to 52 years of age until December 31, 1999. |
Article 4 (Transitional Measures concerning Retirement Years for Continuous Service and Temporary Application of Retirement Years System for Continuous Service)
| (1) | As regards the retirement years for continuous service of field-grade officers under the amended provisions of Article 8 (1) 2, the retirement years for continuous service shall be shortened to 31 years for Colonels, 27 years for Lieutenant Colonels, and 21 years for Majors until December 31, 1999; the retirement years for continuous service shall be shortened to 32 years for Colonels, 28 years for Lieutenant Colonels, and 22 years for Majors until December 31, 2002; the retirement years for continuous service shall be shortened to 33 years for Colonels, 29 years for Lieutenant Colonels, and 23 years for Majors until December 31, 2005; the retirement years for continuous service shall be shortened to 34 years for Colonels and 30 years for Lieutenant Colonels until December 31, 2008; and the retirement years for continuous service shall be shortened to 31 years for Lieutenant Colonels until December 31, 2011. |
| (2) | The retirement years for continuous service of warrant officers under the amended provisions of Article 8 (1) 2 shall be shortened to 31 years until December 31, 1996. |
| (3) | The amended provisions of Article 8 (1) 2 (excluding provisions regarding the retirement years for continuous service of Captains and lower-ranking officers) shall apply temporarily to Colonels until December 31, 2011, to Lieutenant Colonels until December 31, 2014, to Majors until December 31, 2008, noncommissioned officers until December 31, 1999. |
Article 5 (Transitional Measures concerning Rank of Master Sergeant)
First Master Sergeants and Second Master Sergeants as at the time this Act enters into force shall be deemed Sergeants Major and Master Sergeants respectively.
Article 6 (Transitional Service Period for Promotion)
| (1) | The minimum continuous service period required for promotion under the amended provisions of Article 26 (1) shall be shortened for each rank in accordance with Article 9 of the Addenda to the amended Military Personnel Management Act (Act No. 4085): The minimum continuous service period for promotion to Major General shall be 26 years from January 1, 1995 until December 31, 1997 and 27 years until December 31, 2000; the minimum continuous service period for promotion to Brigadier General shall be 24 years from January 1, 1995 until December 31, 1997 and 25 years until December 31, 2000; the minimum continuous service period for promotion to Colonel shall be 20 years from January 1, 1999 until December 31, 2001 and 21 years until December 31, 2004; the minimum continuous service period for promotion to Lieutenant Colonel shall be 15 years from January 1, 1999 until December 31, 2001 and 16 years until December 31, 2004; and the minimum continuous service period for promotion to Major shall be ten years from January 1, 1996 until December 31, 1998. |
| (2) | Notwithstanding paragraph (1), as regards legal officers, medical officers, and dental officers, the minimum continuous service period for promotion under the amended provisions of Article 26 (1) shall be shortened for each rank in accordance with Article 9 of the Addenda to the amended Military Personnel Management Act (Act No. 4085): The minimum continuous service period for promotion to Major General shall be 24 years from January 1, 2005 until December 31, 2007 and 25 years until December 31, 2010; the minimum continuous service period for promotion to Brigadier General shall be 22 years from January 1, 2005 until December 31, 2007 and 23 years until December 31, 2010 respectively; the minimum continuous service period for promotion to Colonel shall be 18 years from January 1, 2005 until December 31, 2007 and 19 years until December 31, 2010; the minimum continuous service period for promotion to Lieutenant Colonel shall be 13 years from January 1, 2002 until December 31, 2004, 14 years until December 31, 2007, and 15 years until December 31, 2010; and the minimum continuous service period for promotion to Major shall be 8 years from January 1, 1999 until December 31, 2001, 9 years until December 31, 2004, and 10 years until December 31, 2007 respectively. |
Article 7 (Transitional Measures concerning Minimum Service Period for Promotion)
| (1) | The minimum service period required for the promotion of officers eligible for promotion (excluding Captains) from the enforcement date of this Act until December 31, 1997 shall be governed by the previous provisions, notwithstanding the amended provisions of Article 26 (1) and the proviso to Article 1 of the Addenda to this Act. |
| (2) | The minimum service period required for promotion of persons eligible for promotion to Sergeant Major from the enforcement date of this Act until December 31, 1994 shall be governed by the previous provisions, notwithstanding the amended provisions of Article 26 (1) and the proviso to Article 1 of the Addenda to this Act. |
ADDENDA <Act No. 4839, Dec. 31, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995: Provided, That the amended provisions of Article 8 (2) shall enter into force on January 1, 1996. Article 2 (Transitional Measures concerning Branches)
The military personnel in the navigation branch of the Air Force as at the time this Act enters into force shall be deemed to belong to the operations branch; military personnel in the control branch to the aviation control branch; the persons with the specialty of operation of anti-air guns, among the military personnel in the branch of anti-aircraft guns, to the air defense artillery branch; military personnel in the aircraft maintenance branch and the arms branch to the air weapons maintenance branch; military personnel in the communications branch and the persons with the specialty of maintenance of anti-aircraft guns, among the military personnel in the branch of anti-aircraft guns, to the electronic communications branch; military personnel in the supply branch and the transportation branch to the branch of supply and transportation; military personnel in the accounting branch to the management branch; military personnel in the security branch to the military police branch; and military personnel in the chemistry branch to the installation branch; and military personnel in the safety branch shall be re-classified into appropriate branches within one month after this Act enters into force.
Article 3 (Transitional Measures concerning Service Period)
The service period of nursing officers (excluding nursing officers who graduated from the Armed Forces Nursing Academy) among female military personnel in service as at the time this Act enters into force, shall be governed by the previous provisions.
Article 4 (Transitional Measures concerning Term of Office for Heads of Branch)
The term of office for a person appointed first to the head of the branch of electronic communications, weather, or electronic computation, which is newly installed in the Air Force pursuant to the amended provisions of Article 21 (4) 3, may be calculated by including the period during which he/she performed duties corresponding to the aforesaid position before this Act enters into force in the term of office. Article 5 (Transitional Measures concerning Minimum Service Period for Promotion)
Article 6 (Transitional Measures concerning Military Personnel under Leave of Absence)
A review of persons prosecuted for a criminal case on leave of absence as at the time this Act enters into force shall be conducted within one month from the enforcement date of the amended provisions of Article 48 (2), and persons for whom it is found unnecessary to remain suspended from service any longer shall be reinstated without delay. Article 7 Omitted.
ADDENDA <Act No. 5060, Dec. 29, 1995>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Time Limitations on Cause of Disciplinary Actions) The demand for a resolution on disciplinary measures against a person in whose case the grounds of a disciplinary action occurred before this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provision of Article 60-3 (1). |
ADDENDA <Act No. 5267, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 7 (2) shall apply to persons who begin to receive entrusted education for not less than six months in a domestic non-military educational institution on or after the enforcement date of this Act. Article 3 (Transitional Measures concerning Branches)
Officers in the communications branch of the Navy as at the time this Act enters into force shall be deemed to belong to the branch of information and communications, and officers in the administration branch to the navigation branch respectively, while officers in the branch of electronic communications or electronic computation of the Air Force shall be deemed to belong to the branch of information and communications, and officers in the branch of ships of the Navy shall be re-classified into the branch of navigation or engines, and the officers in the management analysis branch into the branch of information and communications or navigation within one month after this Act enters into force, considering each person's choice.
Article 4 (Transitional Measures concerning Abolition of Education Branch)
Notwithstanding the amended provisions of Article 5 (1) 1 and 21 (4) 2, officers commissioned on or before December 31, 1982, among officers in the education branch of the Navy as at the time this Act enters into force shall be deemed officers in the education branch under the previous provisions, while officers commissioned on or after January 1, 1983 shall be reclassified into appropriate branches within one month after this Act enters into force, considering each person's choice. Article 5 (Transitional Measures concerning Discharge of Heads of Branch from Active Service)
The head of the management analysis branch or the administration branch of the Navy or the head of the electronic computation branch of the Air Force, who was appointed pursuant to the previous provisions before this Act enters into force, shall not be discharged from active service against his/her will until the end of his/her remaining term of office, notwithstanding Article 21 (3). Article 6 (Transitional Measures concerning Term of Office for Heads of Branch)
The term of office for a person appointed to the head of the branch of information and communications of the Navy or the head of the branch of information and communications of the Air Force to be newly installed pursuant to the amended provisions of Article 21 (4) 2, shall be his/her remaining term of office if he/she has served as the head of branch under the previous provisions before this Act enters into force. Article 7 (Transitional Measures concerning Disciplinary Cases)
Disciplinary cases for which disciplinary proceedings are pending as at the time this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Articles 57 and 58. Article 8 (Transitional Measures concerning Complaints)
The period within which a complaint shall be filed on a disciplinary case regarding which a notice of a disciplinary action was delivered before this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 60.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5703, Jan. 29, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Retirement Age from Active Service) The amended provisions of Article 8 (5) shall also apply to the retirement age of field-grade officials, which shall be extended successively pursuant to Articles 3 and 4 of the Addenda to the amended Military Personnel Management Act (Act No. 4695). |
ADDENDUM <Act No. 6016, Sep. 7, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6017, Sep. 7, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2000.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 6290, Dec. 26, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Transitional Measures concerning Amendment of the Military Service Act)
The noncommissioned candidate course established by the Reserve Officers' Training Corps pursuant to the previous provisions of the Military Service Act before this Act enters into force shall be deemed a noncommissioned candidate course established by the Reserve Officers' Training Corps pursuant to the amended Military Service Act. Article 4 (Relationship to Other Statutes)
A citation to a noncommissioned officer ("hasagwan" in Korean) by other statutes in force as at the time this Act enters into force shall be deemed a citation to a noncommissioned officer ("busagwan" in Korean).
ADDENDA <Act No. 6291, Dec. 26, 2000>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
ADDENDA <Act No. 6719, Aug. 26, 2002>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Branches) Persons who hold the speciality of anti-aircraft infantry in the infantry branch of the Army as at the time this Act enters into force shall be deemed to belong to the air defense branch of the Army under the amended provisions of Article 5 (1) 1 (i). |
| (3) | (Transitional Measure concerning Term of Office for Heads of Branch) The term of office for a person appointed first to the air defense branch of the Army to be newly established pursuant to the amended provisions of Article 21 (4) 1, may be calculated by including the period during which the person has performed duties corresponding to the position before this Act enters into force in the term of office. |
ADDENDA <Act No. 6748, Dec. 5, 2002>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Reassignment and Transfer of Promoted Persons under Tenure System) The amended provisions of Article 24-2 shall apply to persons who are re-assigned to the same position or transferred to a position in a similar line after this Act enters into force. |
ADDENDUM <Act No. 6808, Dec. 26, 2002>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 7085, Jan. 20, 2004>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7269, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7429, Mar. 31, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 7852, Mar. 3, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7932, Apr. 28, 2006>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the provisions regarding disciplinary actions against military personnel of the Defense Acquisition Program Administration, and complaints thereon, among the amended provisions of Articles 58 and 60, shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Disciplinary Actions) Disciplinary actions against acts committed before this Act enters into force shall be governed by the previous provisions: Provided, That detention in the guardhouse shall apply to persons against whom a demand for the resolution on disciplinary actions has been made before this Act enters into force. |
| (3) | (Transitional Measure concerning Complaints) A complaint filed by a person who received a notice of a disciplinary actions before this Act enters into force shall be governed by the previous provisions. |
| (4) | (Transitional Measures concerning Extinctive Prescription of Cause for Disciplinary Actions) The extinctive prescription of the grounds of a disciplinary action against a person who committed an act giving rise to a ground of the disciplinary action before this Act enters into force shall be governed by the previous provisions. |
ADDENDUM <Act No. 7976, Sep. 22, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8584, Aug. 3, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 8 shall enter into force on January. 1, 2009, and the amended provisions of Article 24-3 shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Introduction of Examination System on Reappointment of Professors of the Military Academies and Korean National Defense University) Colonels who are older than 56 years and Lieutenant Colonels who are older than 53 years as of January 1, 2009, among professors under the main sentence of Article 8 (3), shall be deemed to have been reappointed through the examination on reappointment of professors under the proviso to the aforesaid paragraph. |
| (3) | (Applicability to Appointee to Chairman of Joint Chiefs of Staff) The amended provisions of Article 18 (1) shall apply to the first and subsequent hearings conducted by the National Assembly on an appointee to the Chairperson of the Joint Chiefs of Staff pursuant to Article 12 of the National Defense Reform Act (Act No. 8097) and Article 65-2 (2) of the National Assembly Act (Act No. 8134). |
| (4) | (Applicability to Discharge of Lieutenant Generals and Higher General-Grade Officers) The amended provisions of Article 20 (3) shall apply to persons who are promoted to Lieutenant General on or after March 29, 2007 pursuant to paragraph (2) of the Addenda to the National Defense Reform Act (Act No. 8097). |
ADDENDA <Act No. 8732, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 48 (3) 4 and 49 (3) shall enter into force on January. 1, 2008. |
ADDENDA <Act No. 9293, Dec. 31, 2008>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Extension of Time Limitations on Disciplinary Actions) Notwithstanding the amended provisions of Article 60-3 (1), a person who committed an act giving rise to a cause of a disciplinary action before this Act enters into force shall be governed by the previous provisions. |
ADDENDUM <Act No. 9996, Feb. 4, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10217, Mar. 31, 2010>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Discharge of General-Grade Officers from Active Service) The amended provisions of Article 16-2 (2) shall apply to persons who are promoted to Major General or Brigadier General on or after the date this Act enters into force. |
ADDENDA <Act No. 10703, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Compulsory Service Period)
The amended Article 7 (1) 2 and 3 shall apply to persons who are appointed on or after July 1, 2015: Provided, That the amended main sentence of Article 7 (1) 2 shall apply to the compulsory service period of a person who applies for the flight training course on or after the date this Act enters into force, among officers in the aviation branch of the Navy who graduated from the Korea Naval Academy, and shall apply to the compulsory service period of a person who is in active service in the operations branch of the Air Force as at the time this Act enters into force, among officers who are classified as tilt-rotor aircraft pilots as at the time this Act enters into force. Article 3 (Special Exception to Application for Discharge from Active Service)
Notwithstanding the amended Article 7 (1) 1, a person in whose case five to nine years have passed since he/she is appointed as at the time this Act enters into force, among officers who are classified as tilt-rotor aircraft pilots after having graduated from the Korea Air Force Academy and are in active service in the operations branch of the Air Force, may file an application for discharge from active service a single time in 2011. Article 4 (Applicability to Period of Leave of Absence)
The amended proviso to Article 49 (2) shall apply to persons whose case is still in the process as at the time this Act enters into force. Article 5 Omitted.
ADDENDUM <Act No. 10824, Jul. 14, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 10928, Jul. 25, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11390, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended Article 8 (2) and (5) shall enter into force two years after the date of its promulgation. Article 2 (Applicability to Additional Compulsory Service Period by Military Scholarship Support)
The amended Article 7 (4) shall apply to a person who is appointed as a noncommissioned officer, from among military scholarship students. Article 3 (Transitional Measures concerning Extension of Retirement Age of Medical Officer or Dental Officer)
Notwithstanding the amended Article 8 (2), the retirement age of a medical or dental officer who serves as a Colonel shall be 57 years of age until it reaches one year from the enforcement date, 58 years of age from the date when it exceeds one year from the enforcement date until it reaches two years, 59 years of age from the date when it exceeds two years from the enforcement date until it reaches three years, 60 years of age from the date when it exceeds three years from the enforcement date, respectively.
ADDENDA <Act No. 11560, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (3) 3-2 and (7) 6, the proviso to Article 7 (1) 4 and subparagraph 7 of the same paragraph, Article 11 (1) 7-2, the proviso to Article 12 (1), Articles 15 (4), 26 (6), 46-4 and 51-4, the proviso to Article 53-2 (4) and paragraph (5) of the same Article shall enter into force six months after the date of their promulgation, and the amended provision of Article 12 (2) 4-2 shall enter into force on January 1, 2014. Article 2 (Applicability to Initial Rank of Officers)
The amended provision of Article 12 (2) 4-2 shall apply to persons who are appointed as officers on or after the said amended provision enters into force. Article 3 (Applicability to Adjustment of Persons Who Have Authority to Withdraw Honorable Discharge Benefits)
The amended provision of the proviso to Article 53-2 (4) shall apply to cases where honorable discharge benefits are withdrawn from a person who is reappointed as a public official in career service, etc. under subparagraph 2 of the same paragraph on or after the said amended provision enters into force. Article 4 (Transitional Measures concerning Branches of Service)
| (1) | Officers in the branches of the service mentioned in the left columns of the following Table under the previous provision of Article 5 (1) 1 as at the time this Act enters into force shall be deemed to belong to the branches of the service mentioned in the right columns of the following Table under the amended provision of Article 5 (1) 1: |
| The accounting branch of the Army | The financial affairs branch of the Army | | The navigation branch, the engine branch and the intelligence branch of the Navy | The naval vessels branch of the Navy | | The accounting branch of the Navy | The financial affairs branch of the Navy | | The air weapons maintenance branch and the supply and transportation branch of the Air Force | The logistics branch of the Air Force | | The management branch of the Air Force | The financial affairs branch of the Air Force |
|
| (2) | Where the process of appointing a person as an officer in the branch of the service referred to in the left columns of the Table under paragraph (1) is under way, the process of appointing a person as an officer in the branch of the service referred to in the right columns of the same Table shall be deemed to be under way. |
Article 5 (Transitional Measures concerning Discharge of Head of Branch of Service)
Notwithstanding Article 21 (3), the head of the engine branch and the head of the intelligence branch of the Navy appointed in accordance with the previous provision as at the time this Act enters into force shall not be discharged until the expiration of the remaining period of his/her term of office against his/her will. Article 6 (Transitional Measures concerning Term of Office of Head of Branch of Service)
The term of office of the first person appointed as the head of the financial affairs branch of the Army or the head of the financial affairs branch of the Navy which is changed in accordance with the amended provisions of Article 21 (4) 1 and 2 shall be the remaining period excluding the period during which he/she has held office as the head of the accounting branch of the Army or the head of the accounting branch of the Navy where he/she has held office as the head of the said branch in accordance with the previous provisions before this Act enters into force.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12231, Jan. 14, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12403, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of the proviso to Article 49 (4) shall enter into force on the date of its promulgation. Article 2 (Applicability to Inclusion of Minimum Service Period for Promotion)
The amended provision of the proviso to Article 49 (4) shall also apply where the period of leave of absence is calculated beginning with the third child of a member of the armed forces who resumes her service after the leave of absence for reasons same as those of a member of the armed force who is on leave pursuant to Article 48 (3) 4 as at the time the aforesaid amended provision enters into force. Article 3 (Transitional Measures concerning Branches of Service)
| (1) | A member of the armed forces who serves in the basic branch of service pursuant to the previous provisions as at the time this Act enters into force shall be deemed to belong to the branch of service prescribed by Presidential Decree on the date this Act enters into force. |
| (2) | With regard to a member of the armed forces in whose case the procedure for appointment to the basic branch of service proceeds pursuant to the previous provisions as at the time this Act enters into force, the procedure for appointment to the branch of service prescribed by Presidential Decree shall be deemed to proceed. |
Article 4 (Transitional Measures concerning Appointment and Term of Office of Head of Branch of Service)
A person who has been appointed as the head of a branch of service pursuant to the previous provisions as at the time this Act enters into force shall be deemed appointed as the head of the branch of service on the date this Act enters into force, as prescribed by Presidential Decree. In such cases, the term of office of the head of the branch of service shall be the remaining period excluding the period during which he/she has held office as the head of the branch of service pursuant to the previous provisions.
Article 5 (Transitional Measures concerning Transfer of Head of Branch of Service from Active Service to First Reserve)
Notwithstanding Article 21 (3), a person who has been appointed as the head of the branch of service pursuant to the previous provisions as at the time this Act enters into force shall not be transferred from the active list to the reserve list until the date his/her term of office remains unless such transfer is in accordance with his/her will.
ADDENDA <Act No. 12747, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of the proviso to Article 24 (3) shall enter into force one year after the date of its promulgation. Article 2 (Applicability to Removal from Military Register)
The amended provision of the proviso to Article 40 (1) 4 shall apply beginning with a person who receives a deferred sentence to the suspension of qualification or higher punishment due to a criminal act committed after this Act enters into force. Article 3 (Applicability to Surcharges for Disciplinary Actions)
The amended provisions of Article 56-2 shall apply from the first case in which the ground for a disciplinary action occurs after this Act enters into force. Article 4 (Transitional Measures concerning Extension of Prescription of Disciplinary Action)
The amended provision of Article 60-3 (1) shall apply from the first case in which the first ground for a disciplinary action occurs after this Act enters into force.
ADDENDA <Act No. 12904, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Petitions)
The amended provisions of Articles 50 and 51 (1) shall apply beginning with the first petition raised after this Act enters into force. Article 3 (Applicability to Withdrawal of Honorable Discharge Benefits)
The amended provisions of Article 53-2 (4) 1-2 and 1-3 shall apply beginning with a person who receives honorable discharge benefits after this Act enters into force. Article 4 (Applicability to Payment of Grants)
The amended provision of the proviso to Article 62-2 (1) shall apply beginning with the first person who receives a scholarship pursuant to Article 62 (1) after this Act enters into force. Article 5 (Transitional Measures concerning Examination for Reappointment of Professors, etc.)
Notwithstanding the amended provision of the proviso to Article 8 (2), the previous provision thereof shall apply to professors, etc. who have gone through examination for reappointment pursuant to the proviso to the previous provision of Article 8 (2) before this Act enters into force. Article 6 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship or persons under limited guardianship referred to in the amended provision of Article 10 (2) 2 shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No.10429).
ADDENDA <Act No. 13352, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Period of Leave of Absence Due to Mental or Physical Disorder)
The amended provision of Article 49 (1) shall also apply to persons in military service who are taking a leave of absence pursuant to Article 48 (1) 1 as at the time this Act enters into force.
ADDENDUM <Act No. 13505, Sep. 1, 2015>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 16 (1) and 17 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13631, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13775, 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 Grounds for Disqualification)
The amended provisions of Article 10 (2) 6-2 shall begin to apply from the person punished for the first crime committed after this Act enters into force. Article 3 (Applicability to Restrictions on Discharge from Service by Application or at One's Will)
The amended provisions of Article 35-2 shall begin to apply from the first officer, warrant officer, or noncommissioned officer (excluding a staff sergeant appointed without filing an application) who applies for discharge from service before he/she completes the period of compulsory service or wishes to be discharged from service after he/she completes the period of compulsory service after this Act enters into force. Article 4 (Applicability to Salaries during Period of Leave of Absence)
The amended provisions of Article 48 (4) shall also apply to officers, warrant officers, and noncommissioned officers who are taking their leave of absence as at the time this Act enters into force.
ADDENDUM <Act No. 14180, May 29, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14421, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 48 and 49 shall enter into force on the date of its promulgation. Article 2 (Applicability to Child Care Leave)
The amended provision of Article 49 (3) 3 shall also apply to a person who has taken a leave of absence before this Act enters into force or who is on leave of absence as at the time this Act enters into force. Article 3 (Transitional Measures concerning Period of Compulsory Service)
Notwithstanding the amended provision of Article 7 (1) 7, the previous provisions shall apply to the period of compulsory service for a female short-term service noncommissioned officer who has been employed or a person who takes a female short-term service noncommissioned officer candidate course under the previous provisions as at the time this Act enters into force, and a person who completed or takes a course for student military training corps for noncommissioned officer candidates.
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 provision of subparagraph 2 of Article 2 shall enter into force on the date of its promulgation; the amended provisions of Article 63 six months after the date of its promulgation; and Article 2 (10) of the Addenda on July 7, 2017. Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
A citation to a general-grade ("janggwangeub" in Korean) officer by other statutes as at the time this Act enters into force shall be deemed a citation to a general-grade ("jangseunggeub" in Korean) officer under this Act in lieu of the previous provisions.
ADDENDA <Act No. 15345, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Appointment of Short-Term Service Noncommissioned Officers)
The amended provisions of Article 6 (7) 5 shall also apply to a person who drops out of the Korea Armed Forces Nursing Academy after completing at least one year of an education course before this Act enters into force, and is not enlisted as at the time this Act enters into force. Article 3 (Applicability to Separate Sentence of Fine)
The amended provisions of Article 10 (2) shall apply to cases where punishment is imposed for a criminal act committed after this Act enters into force. Article 4 (Applicability to Removal from Military Register)
The amended provisions of Article 40 (1) 4 (b) shall apply to cases where suspended sentence is imposed for suspension of qualification or greater punishment for sexual crimes under Article 2 of the Special Cases concerning the Punishment, etc. of Sexual Crimes committed after this Act enters into force. Article 5 (Applicability to Period of Leave of Absence)
The amended provisions of the proviso to Article 49 (4) shall also apply to calculation of the period of leave of absence to be taken for the second or later-born child of an officer who reinstates after his/her leave of absence taken for the same grounds as those of an officer on leave of absence pursuant to Article 48 (3) 4 as at the time this Act enters into force.
ADDENDA <Act No. 16224, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10 (2) 6-3 and 6-4 and Article 40 (1) 4 shall enter into force three months after the date of its promulgation; and the amended provisions of Article 48 (3) 5 six months after the date of its promulgation. Article 2 (Applicability to Grounds for Disqualification or Grounds for Removal from Military Register)
| (1) | The amended provisions of Article 10 (2) 6-3 and 6-4 and Article 40 (1) 4 shall begin to apply from the first person in whose case a sentence of punishment or medical treatment and custody is imposed and becomes definitive or who is dismissed or removed from his/her office after this Act enters into force. |
| (2) | The amended provisions of Articles 11-3 and 14-2 shall begin to apply to the officer candidates, warrant officer candidates, and noncommissioned officer candidates selected according to the first public announcement of section after the enforcement of this Act. |
ADDENDUM <Act No. 16354, Apr. 23, 2019>
This Act shall enter into force on the date of its promulgation.