ENFORCEMENT DECREE OF THE MARTIAL LAW ACT
Wholly Amended by Presidential Decree No. 10645, Dec. 19, 1981
Amended by Presidential Decree No. 20052, May 16, 2007
Presidential Decree No. 22395, Sep. 20, 2010
Presidential Decree No. 29950, Jul. 2, 2019
The purpose of this Decree is to provide matters delegated by the Martial Law Act (hereinafter referred to as the "Act") and those necessary for the enforcement thereof.
| Article 2 (Dispatch, etc. of Officials for Instruction and Supervision) |
In cases where a martial law commander deems it necessary for the instruction and supervision of the administrative agencies and judicial agencies in an area where the martial law is declared, as provided by Article 8 of the Act, he may dispatch officials under his control to the authorities concerned, or request a dispatch of officials from the authorities concerned and, in this case, the authorities concerned shall comply with such request, unless there are special circumstances. <Amended on May 16, 2007> [Title Amended on May 16, 2007]
| Article 3 (Instruction and Supervision, etc. of Military Police Authorities) |
| (1) | A martial law commander shall instruct and supervise all military police authorities falling under the jurisdiction of an area under martial law. |
| (2) | In cases where a martial law commander deems it necessary for the enforcement of martial law operations to be supported by military bases, administrative authorities, and judicial authorities not falling under his control, he shall request support from the Minister of National Defense when the Minister of National Defense has the power to instruct or supervise, or from the President when the President has the power to instruct or supervise, under Article 6 (1) of the Act. |
| Article 4 (Special Powers, etc. of Martial Law Commander) |
| (1) | In cases where a martial law commander seeks special measures under the conditions as prescribed by Article 9 (1) of the Act, he shall obtain approval of the Minister of National Defense when the Minister of National Defense has the power to instruct or supervise, or of the President when the President has the power to instruct or supervise under Article 6 (1) of the Act: Provided, That where it is not possible to obtain such approval in advance because of the emergency of a situation, he shall first take a measure, and then obtain its approval without delay, and if no approval is obtained, he shall immediately cancel the special measures and publicly announce such fact. |
| (2) | In cases where a martial law commander orders an investigation, registration, or prohibition of carrying away materials for military use under the conditions prescribed by Article 9 (2) of the Act, he shall publicly announce in advance the reasons, time period, relevant materials, and other necessary matters. |
| Article 5 (Public Notification of Compensation) |
As prescribed by Article 9-2 (2) of the Act, the Minister of National Defense shall publicly announce the matters falling under the following subparagraphs, 30 days prior to the commencement day of compensation request, on the Official Gazette and two or more daily newspapers (where the area under martial law is limited only to one Special Metropolitan City, Metropolitan City, Do, Special Self-governing Province, or Si/Gun/autonomous Gu, one or more daily newspapers which cover the area concerned as a main distribution area shall be included): | 1. | Whether or not a qualified recipient of compensation; |
| 2. | Requirements of persons to request compensation; |
| 3. | Period and places of filing an application of request for compensation; |
| 5. | Procedure for compensation payments; and |
| 6. | Other matters related to the payment of compensation. |
[This Article Wholly Amended on May 16, 2007]
| Article 6 (Requests for Compensation) |
A person who wishes to request compensation pursuant to Article 9-2 of the Act shall submit an application of request for compensation in Form No. 1 attached hereto, along with each of the following documents, to the Minister of National Defense: | 1. | Document or a report substantiating financial loss; and |
| 2. | Document explaining the basis for calculation of the amount of compensation requested. |
[This Article Newly Inserted on May 16, 2007]
| Article 7 (Foundation of Compensation Council) |
| (1) | The Compensation Council shall be founded under the Minister of National Defense, to deliberate upon each of the following matters related to the payment of compensation pursuant to Article 9-2 of the Act: |
| 1. | Deliberation upon whether an applicant is a qualified recipient; |
| 2. | Calculation of and decision on the amount of compensation; and |
| 3. | Other matters related to the payment of compensation. |
| (2) | The Compensation Council shall be composed of up to 15 members, including one Chairperson. |
| (3) | The Chairperson of the Compensation Council (hereinafter referred to as the "Chairperson") shall be appointed by the Minister of National Defense, from among public officials in the Ministry belonging to the Senior Civil Service. |
| (4) | The members of the Compensation Council (hereinafter referred to as the "members") shall be appointed or commissioned by the Minister of National Defense, from among field-grade officers in the said Ministry or persons falling under any of the following subparagraphs: |
| 1. | A person licensed as an attorney, or a tax accountant; |
| 2. | A person who teaches, or has experience in teaching law, accounting or finance, as an associate professor or higher at the schools pursuant to subparagraph 1 or 3 of Article 2 of the Higher Education Act; |
| 3. | A person who is or has been a public official of grade IV or higher in an administrative agency, or a public official in general service who is a member of the relevant Senior Civil Service; or |
| 4. | Others with experience and knowledge in compensation work, who are approved by the Minister of National Defense as specialists in accordance with subparagraphs 1 through 3. |
| (5) | A commissioned civilian member shall hold office for 3 years, but he may be recommissioned only once. |
[This Article Newly Inserted on May 16, 2007]
| Article 8 (Operation of Compensation Council) |
| (1) | The Chairperson shall call meetings of the Compensation Council, and supervise the affairs of the Council. |
| (2) | Where the Chairperson is unable to perform any of his/her duties due to any unavoidable reason, a member designated by the Chairperson, in advance, shall act on behalf of the Chairperson. |
| (3) | Meetings of the Compensation Council shall open with the presence of a majority of the members enrolled, and resolutions shall be passed by a majority vote of the members present. |
| (4) | One secretary and a few working-level staff shall be appointed to administer the affairs of the Council, and the secretary shall be appointed by the Chairperson from among public officials from the Ministry of National Defense. |
| (5) | The secretary shall manage meeting records, and record details of the titles of meetings, dates, places, names of the members present, topics discussed, summaries of proposals, resolutions passed, or such. |
[This Article Newly Inserted on May 16, 2007]
| Article 9 (Exclusion, Withdrawal, or Avoidance of Members) |
| (1) | No member shall participate in a meeting of the Compensation Council, where he falls under any of the following subparagraphs: |
| 1. | Any member, his spouse or ex-spouse owns the assets which are the object of compensation; |
| 2. | Any member is, or used to be, a relative of the owner of the assets which are the object of compensation; |
| 3. | Any member has appraised or testified regarding the assets which are the object of compensation; or |
| 4. | Any member participates, or has participated, in cases related to the assets which are the object of compensation. |
| (2) | Where certain circumstances make it difficult to expect fairness in a deliberation, the owner of assets which are the object of compensation or the party concerned may request the withdrawal of a member, describing the circumstances in writing. In this case, the Chairperson may decide on the withdrawal requested, without undergoing a vote of members. |
| (3) | Where a member falls under paragraph (1) or (2), he may voluntarily avoid from the meeting on such cases. |
[This Article Newly Inserted on May 16, 2007]
| Article 10 (Investigation on Facts and Duty to Cooperate) |
| (1) | In cases where it is necessary to perform its role, the Compensation Council may hear the statements of the party concerned, a witness or reference, may perform examinations or investigations, and may request for inquiries into facts or the submission of data to administrative agencies or other relevant agencies. |
| (2) | Administrative agencies, etc. provided in paragraph (1) shall cooperate with the investigations or requests of the Compensation Council. |
[This Article Newly Inserted on May 16, 2007]
| Article 11 (Standard of Compensation) |
The standards of assessment pursuant to Article 9-3 (3) of the Act shall be as follows: <Amended on Sep. 20, 2010> | 1. | Where personal property is damaged, the standard of assessment of the acquisition tax under Article 10 of the Local Tax Act, at the time of such damage; and |
| 2. | Where land, buildings or other attachments to land are damaged, the standard of assessment of the registration and license tax under Article 27 of the Local Tax Act, at the time of such damage. |
[This Article Newly Inserted on May 16, 2007]
| Article 12 (Decisions and Notices) |
| (1) | Where the Minister of National Defense receives an application of request for compensation under Article 6, he shall confirm and refer it to the Compensation Council. |
| (2) | Where the Minister of National Defense is notified of the resolutions passed by the Compensation Council, he shall decide whether such requester is a qualified recipient of compensation, and the amount of compensation, and then issue a notice. For cases of such requester to receive compensation payment, sending a notice of compensation payment in Form No. 2 attached hereto may be deemed a notice. |
| (3) | The Minister of Defense shall decide whether to make any compensation payment within 90 days from the date of receiving such request, but he may extend such period only once, by a further period of up to 30 days. |
[This Article Newly Inserted on May 16, 2007]
| Article 13 (Applications for Re-examination) |
| (1) | An applicant, who has an objection to any decision made by the Minister of National Defense pursuant to Article 12 (2), shall submit an application for re-examination on Form No. 3 attached hereto, along with each of the following documents, to the said Minster within 30 days from the date of receiving such notice: |
| 1. | A copy of the notice from the Minister of National Defense; |
| 2. | Document or a report substantiating financial loss; and |
| 3. | Document explaining the basis for calculation of the amount of compensation requested. |
| (2) | When the Minister of National Defense receives such application pursuant to paragraph (1), he shall make a decision via the deliberation of the Compensation Council, within 60 days from the date of such application, and shall send such applicant a notice of approval for re-examination on Form No. 4 attached hereto. |
[This Article Newly Inserted on May 16, 2007]
| Article 14 (Payment Procedures of Compensation) |
| (1) | Any person who has received a decision of compensation payment pursuant to Article 12 (2) (including those who have received such decision pursuant to reexamination; the same shall apply hereinafter) and wishes to receive compensation payment, shall submit an application for the payment of compensation on Form No. 5 attached hereto, along with each of the following documents, to the Minister of National Defense: |
| 1. | The original copy of notice of compensation payment (notice of approval for re-examination, when such compensation payment was decided by a re-examination); |
| 2. | A certificate of the applicant's seal impression; and |
| 3. | A copy of a bankbook referring to a page carrying to account number thereon from the applicant's financial institution or postal agency. |
| (2) | Compensation payment shall be deposited into the applicant's bank account, and such payment is regarded as having been received by the applicant at the time when such payment is deposited into his bank account. |
[This Article Newly Inserted on May 16, 2007]
The term "period determined by the President" as referred to in Article 9-5 of the Act means 90 days from the date of sending a notice of compensation payment. [This Article Newly Inserted on May 16, 2007]
ADDENDA <Presidential Decree No. 10645, Dec. 19, 1981>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20052, May 16, 2007>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on 1/1/2011.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. No. 29950, Jul. 2, 2019>
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)