ACT ON THE REPORT AND DISCLOSURE OF MILITARY SERVICE RECORDS OF PUBLIC SERVANTS
Act No. 5989, May 24, 1999
Amended by Act No. 6288, Dec. 26, 2000
Act No. 6306, Dec. 29, 2000
Act No. 7255, Dec. 30, 2004
Act No. 7268, Dec. 31, 2004
Act No. 7796, Dec. 29, 2005
Act No. 7849, Feb. 21, 2006
Act No. 8445, May 17, 2007
Act No. 8684, Dec. 14, 2007
Act No. 8872, Feb. 29, 2008
Act No. 9402, Feb. 3, 2009
Act No. 10099, Mar. 17, 2010
Act No. 11690, Mar. 23, 2013
Act No. 12551, May 9, 2014
Act No. 14183, May 29, 2016
Act No. 14417, Dec. 20, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15053, Nov. 28, 2017
Act No. 16347, Apr. 23, 2019
The purpose of this Act is to prevent unlawful evasion of military service by taking advantage of public office, thereby contributing to voluntary performance of the duty of military service by systematizing the reporting and disclosure of military service records of public servants, candidates for public office, and their lineal descendants.
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 2 (Person Obliged to File Report) |
| 1. | The President, the Prime Minister, each Member of the National Assembly, the Director and Deputy Directors of the National Intelligence Service, and other national public officials in political service; |
| 2. | The head of each local government and members of each local council; |
| 3. | Grade-IV or higher ranking national and local public officials in general service (including those who are members of the Senior Executive Service and public officials in extraordinary civil service (including those who are members of the Senior Executive Service) whose remuneration is not lower than that for the aforementioned national and local public officials; |
| 4. | Public officials in foreign affairs service with a Class-VI or higher position, Grade-IV or higher ranking staff members of the National Intelligence Service, and Grade-IV or higher ranking public officials in security service of the Presidential Security Service; |
| 5. | Judges and public prosecutors; |
| 6. | Constitutional research officers in the Constitutional Court; |
| 7. | Colonels and higher ranking military officers and Grade-II or higher ranking civilian military employees; |
| 8. | The president and vice presidents of each university or college, the dean of each graduate school, the dean of each college, the head of each school equivalent to a university or college, and the dean or director of each university or college (including various schools equivalent to a university or college), from among educational public officials, and the superintendent of the office of education and the head of each district office of education of the Special Metropolitan City, each Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province; |
| 9. | Senior Superintendents (including autonomous Senior Superintendents) and higher ranking police officers and Fire Chiefs (including local Fire Chiefs) and higher ranking fire officers; |
| 10. | Senior researchers, senior technical advisers, senior school inspectors, and senior educational researchers assigned to a position equivalent to those in Grade-IV or higher ranking public officials in general service; |
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 3 (Persons subject to Reporting and Military Service Records subject to Reporting) |
Any person obligated to report shall file a report on the following military service records of him and his lineal descendants of 18 years or older (hereinafter referred to as "persons subject to reporting"): <Amended on May 29, 2016; Apr. 23, 2019>
| 1. | If a person subject to reporting is 18 years or older, facts regarding assignment to the preliminary military service; |
| 2. | If a person subject to reporting has attained the age subject to draft physical examination, conscription, or call-up, the year of draft physical examination and facts regarding disposition of military service; |
| 3. | If a person subject to reporting has completed, or is deemed to have completed, the service for which he was conscripted or drafted, the following facts: |
| (b) | Military unit or institution for which he is in service; |
| 9. | Class and military specialty (applicable to military personnel); |
| (e) | Deleted; <Nov. 28, 2017> |
| (g) | Date of discharge from military service or discharge from draft; |
| (h) | Grounds for discharge from service or release from draft; |
| 4. | If a person subject to reporting is in active duty, supplementary, or secondment service, the following facts: |
| (b) | Military unit or institution for which he is in service; |
| 9. | Class and military specialty (applicable to military personnel); |
| (d) | Date of enlistment or assignment; |
| 5. | Military service records from the time a person subject to reporting undergoes a draft physical examination under Article 11 of the Military Service Act until the period for compulsory military service under Article 72 of the aforesaid Act expires (including the name of the disease or details of the mental or physical disability at the time the final disposition is made with regard to military service or grounds for the disposition), if the person falls under any of the following items: |
| (a) | A person who has been assigned to the wartime labor service (including cases where a person is deemed to have been assigned to the wartime labor service; hereafter the same shall apply in Article 8 (3)); |
| (b) | A person who has been exempted from military service or who has been removed from the military register; |
| (c) | A person whose duty of military service has been terminated without completing active duty, supplementary, or mandatory service. |
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 4 (Reporting Period and Report-Receiving Agency) |
| (1) | A person obligated to report shall report in writing on military service records of persons subject to reporting as of the day on which he becomes obligated to report, within one month from the day on which he becomes obligated to report, to the agency specified by Presidential Decree as one to which the person obligated to report belongs (hereinafter referred to as "report-receiving agency") (including cases where such a report is submitted through an information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; hereinafter the same shall apply): Provided, That the head of the report-receiving agency may extend the reporting period up to one month and designate another deadline for reporting, if he or she approves, upon receiving an application from a person obligated to report for extending the reporting period due to any inevitable ground, that the ground for extension is reasonable. <Amended on Dec. 14, 2007> |
| (5) | Deleted. <May. 17, 2007> |
| (3) | The head of a report-receiving agency shall, upon receiving a report under paragraph (1) or a report on a change under Article 5 (1), notify details of the report to the Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office (including the head of the competent Military Manpower Branch Office; hereinafter the same shall apply) within one month from the filing date of the report (including cases where such report is submitted through an information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; hereinafter the same shall apply), as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to persons who have lost the status as a person obligated to report due to retirement or any other reason and persons in whose case the disclosure of military service records is withheld pursuant to Article 8-2 (1) (hereinafter referred to as "person entitled to withhold disclosure of military service records"). <Amended on Dec. 14, 2007> |
| Article 5 (Reporting on Changes) |
| (1) | If a person obligated to report falls under any of the following subparagraphs, the person shall submit a report on a change in military service records to the report-receiving agency in January of the next year (or the year in which the person attains 18 years of age in cases under subparagraph 1). In such cases, the proviso to Article 4 (1) shall apply mutatis mutandis to the extension of the reporting period: <Amended on May 29, 2016> |
| 1. | The fact that a person subject to reporting is enlisted in the first militia service, if the person attains 18 years of age; |
| 2. | Military service records of a person who subsequently becomes subject to reporting due to a change in the familial relationship, if applicable (limited to cases where the change can be verified by the family relation register); |
| 3. | A change specified by Presidential Decree in military service of a person subject to reporting in the cases of a person entitled to withheld disclosure of military service records. |
| (2) | The Commissioner of the Military Manpower Administration shall verify changes in disclosed military service records of each person obligated to report. |
[This Article Wholly Amended onDec. 14, 2007]>
| Article 6 (Verification of Reported Records) |
| (1) | The Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office and the head of the report-receiving agency who is responsible for the management of persons entitled to withhold disclosure of military service records may, upon receiving a notice of military service records pursuant to Article 4 (3), verify or investigate whether the information reported by the person obligated to report regarding military service are true. |
| (2) | The head of each related agency, including the State and each local government, shall cooperate fully in investigations of information reported regarding military service under paragraph (1). |
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 7 (Disposition for Results of Investigations) |
The Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office and the head of the report-receiving agency who is responsible for the management of persons entitled to withhold disclosure of military service records shall file an accusation with the competent investigative agency, if they find, as a result of the investigation of reported information under Article 6, that a violation of Article 12 (1) has been committed: Provided, That an order shall be issued to correct military service records inadvertently omitted or erroneously stated, if any. [This Article Wholly Amended on Dec. 14, 2007]>
| Article 8 (Disclosure of Military Service Records and Objections thereto) |
| (1) | The Commissioner of the Military Manpower Administration shall, upon receiving a notice from the head of a report-receiving agency of military service records pursuant to Article 4 (3) (including military service records notified by the head of the competent regional military manpower office pursuant to the aforesaid paragraph), disclose the military service records by publishing the records through the Official Gazette and the web-site of the Military Manpower Administration within one month, and when changes in military service records are discovered as a result of the verification under Article 5 (2), he or she shall disclose such changes in military service records through the Official Gazette and the web-site of the Military Manpower Administration during the month immediately following each quarter: Provided, That if a person is elected through an election under Article 2 of the Public Official Election Act and thus becomes obligated to report, a different date for the disclosure of military service records may be designated as prescribed by Presidential Decree. <Amended on Mar. 17, 2010; Nov. 28, 2017> |
| (2) | The Commissioner of the Military Manpower Administration shall, when he or she intends to disclose military service records pursuant to paragraph (1), allow the person obligated to report to first inspect the records to be disclosed regarding military service through the Internet or other means. In such cases, if the person obligated to report finds an error or omission in the military service records, the person may file an objection thereto with the Commissioner of the Military Manpower Administration during the inspection period. |
| (3) | If a person obligated to report falls under any of the following subparagraphs due to a disease, a mental or physical disorder, or a ground for disposition that are specified by Presidential Decree, the person may request non-disclosure of the name of the disease, details of the mental or physical disorder, or the ground for disposition when he files an application for issuing a certificate of military register or a report on military service records or a change in such records. In such cases, the Commissioner of the Military Manpower Administration shall not disclose the name of the disease, details of the mental or physical disorder, or the ground for disposition: <Amended on May 29, 2016> |
| 1. | Where he is enlisted in the second militia service; |
| 2. | Where the person was exempted from military service. |
| (4) | If changes in military service records of a person obligated to report, which are discovered as a result of a verification under Article 5 (2), include the name of disease, details of mental or physical disorders, or grounds for disposition that the person obligated to report may request not to disclose as prescribed by Presidential Decree, the Commissioner of the Military Manpower Administration shall not disclose the name of disease, details of mental or physical disorders, or grounds for disposition: Provided, That the foregoing shall not apply where a person obligated to report requests disclosure. |
| (5) | Necessary matters concerning the inspection period, the method of, and the procedure for, an objection under paragraph (2), and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 14, 2007]>
[Article 8 (1) Amended on Dec. 14, 2007 in Compliance with the Constitutional Court's Decision of Inconsistence with the Constitution on Dec. 14, 2007]
| Article 8-2 (Withholding of Disclosure of Military Service Records) |
| (1) | The Commissioner of the Military Manpower Administration may decide not to disclose military service records of a person who falls under any of the following subparagraphs, if it is necessary to maintain confidentiality because the person is engaged in an area of national security or national defense: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Grade I through IV Staff members of the National Intelligence Service; |
| 2. | Brigadier generals and Colonels; |
| 3. | Grade I through IV public officials in security service of the Presidential Security Service. |
| (2) | Military service records of persons entitled to withhold disclosure of military service records under paragraph (1) shall be controlled by the head of the competent report-receiving agency, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 9 (Reporting and Disclosure of Military Service Records of Candidates for Public Official Elections) |
| (1) | A person who intends to become a candidate for an election under Article 2 of the Public Official Election Act (referring to the recommending political party in cases of proportional representative members; hereinafter referred to as "candidate for election of public officials") and file for registration of the candidacy for the election shall file a written report on military service records under Article 3 as of one month before the date of registration. |
| (2) | When a candidate for a public official election files a report on military service records under paragraph (1), the candidate shall submit certificates of military register of persons subject to reporting, issued by the head of each Regional Military Manpower Office (referring to a certificate of service issued by the commanding officer of the military unit or the head of the institution in service in cases of a person who is currently in service) together with the report. |
| (3) | When the competent election commission of the electoral district gives public notice of registered candidates, it shall disclose military service records reported in accordance with paragraph (1). In such cases, Article 8 (3) shall apply mutatis mutandis. <Amended on Mar. 17, 2010; Nov. 28, 2017> |
| (4) | The chairperson of the competent election commission of the electoral district shall notify the Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office of military service records of each successful candidate (referring to changes after the date of reporting in military service records in cases of a successful candidate who succeeds to the seat of a proportional representative member) within one month after his election is confirmed, as prescribed by Presidential Decree. |
| (5) | Once the chairperson of the competent election commission of the electoral district gives a notice of military service records pursuant to paragraph (3), the person obligated to report shall be deemed to have fulfilled his duty to report under Article 4. |
| (6) | The forms of reports, the method of disclosure, and other necessary matters shall be prescribed by Rule of the National Election Commission. |
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 10 (Reporting and Disclosure of Military Service Records of Candidates for Public Office) |
| (1) | Where a motion for appointment, etc. of a candidate for public office under Article 2 of the Personnel Hearing Act is submitted to the National Assembly, the relevant candidate for public office shall report in writing on military service records under Article 3, as of one month before the presentation date of the motion for appointment, etc. In such cases, Article 9 (2) shall apply mutatis mutandis. <Amended on Nov. 28, 2017> |
| (2) | The Speaker of the National Assembly shall disclose military service records reported in accordance with paragraph (1) before deliberating on a motion for appointment, etc. In such cases, Article 8 (3) shall apply mutatis mutandis. <Amended on Mar. 17, 2010; Nov. 28, 2017> |
| (3) | The Speaker of the National Assembly shall notify the Commissioner of the Military Manpower Administration of the relevant military service records within one month from the day a motion for appointment, etc. is passed and a candidate for public office becomes a person obligated to report. In such cases, the person obligated to report shall be deemed to have fulfilled his duty to report under Article 4. <Amended on Nov. 28, 2017> |
| (4) | The forms of reports, the method of disclosure, and other necessary matters shall be prescribed by rule of the National Assembly. |
[This Article Wholly Amended on Dec. 14, 2007]>
[Title of This Article Amended on Nov. 28, 2017]
| Article 11 (Verification of Military Service Records) |
| (1) | The Speaker of the National Assembly or the chairperson of the competent election commission of the electoral district may, if necessary, request the Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office to verify military service records reported in accordance with Article 9 or 10. |
| (2) | The Commissioner of the Military Manpower Administration or the head of each regional military manpower office shall, upon receiving a request under paragraph (1), investigate the records and notify the Speaker of the National Assembly or the chairperson of the competent election commission of the electoral district of results of his or her investigation. |
| (3) | Article 6 shall apply mutatis mutandis to an investigation under paragraph (2). |
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 12 (Duty of Honest Reporting) |
| (1) | A person obligated to report (including a candidate for election of public officials under Article 9 and a candidate for public office under Article 10; the same shall apply hereafter in this Article) shall not intentionally omit any person subject to reporting under Article 3 or make a misrepresentation in reporting military service records. |
| (2) | Every person obligated to report shall respond in good faith to investigations conducted by the Commissioner of the Military Manpower Administration or similar authorities into military service records. |
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 13 (Duty of Confidentiality) |
A person who engages, or has engaged in affairs related to reporting and disclosure of military service records or any other person shall not divulge military service records which is not disclosed to the public but becomes known to him or her in the scope of his or her duties, to a third person nor shall provide such data to a third person.
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 14 (Preservation Period of Data) |
The preservation period of data submitted pursuant to this Act shall be prescribed by Presidential Decree, notwithstanding other statutes and regulations.
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 15 (Agency in Charge of Planning and General Affairs) |
The Commissioner of the Military Manpower Administration shall be responsible for planning and overall control of the reporting and disclosure of military service records under this Act.
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 16 (Delegation Provisions) |
In addition to matters prescribed by rule of the National Assembly or by Rule of the National Election Commission in regard to the enforcement of this Act, necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 14, 2007]>
| Article 17 (Crime of Non-Fulfillment of Duty to Report) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended on May 9, 2014>
| 1. | A person who fails to fulfill his duty to report, in violation of Article 4 (1), 9 (1), or 10 (1); |
| 2. | A person who intentionally omits a person subject to reporting or who makes a false representation in reporting military service records, in violation of Article 12 (1); |
| 3. | A person who divulges to any other person or provides documents, in violation of Article 13. |
| (2) | A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than six months, or by a fine not exceeding five million won: |
| 1. | A person who fails to file a report on a change, in violation of Article 5; |
| 2. | A person who fails to respond to an investigation, in violation of Article 12 (2); |
| 3. | Deleted. <May 9, 2014> |
[This Article Wholly Amended on Dec. 14, 2007]>
ADDENDA <Act No. 5989, May 24, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Reporting on Military Service Records) A person who is obligated to report military service records pursuant to this Act as at the time this Act enters into force shall file a report with the competent report-receiving agency on military service records as of the date this Act enters into force by not later than three months from the enforcement date of this Act. |
ADDENDA <Act No. 6288, Dec. 26, 2000>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measure concerning Reporting on Military Service Records of Public Officials in Contractual Service) If public official in contractual service falls under the amended provisions of subparagraph 3-2 or 11 of Article 2 as at the time this Act enters into force, the public official shall file a report with the competent report-receiving agency on military service records as of the date this Act enters into force by not later than one month from the enforcement date of this Act. |
| (3) | (Applicability to Reporting on military service records) The amended provisions of subparagraph 4 of Article 3 shall apply to persons who subsequently become subject to reporting on or after the enforcement date of this Act. |
ADDENDA <Act No. 6306, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7255, Dec. 30, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7268, Dec. 31, 2004>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Reporting on Military Service Records) A person who subsequently becomes obligated to report pursuant to the amended provisions of Article 2 as at the time this Act enters into force shall file a report with the competent report-receiving agency on military service records as of the date this Act enters into force by not later than one month from the enforcement date of this Act. |
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <Act No. 8445, May 17, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Reporting on Military Service Records) The reporting on changes in military service records of a person subject to reporting who attains 18 years of age during the year in which this Act enters into force shall be governed by former provisions, notwithstanding the amended provisions of Article 5 (1) 1. |
ADDENDUM <Act No. 8684, Dec. 14, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDA <Act No. 8872, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9402, Feb. 3, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 10099, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12551, May 9, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 17 (1) and (2) shall apply, starting with the first person who divulges or provides military records to a third person, in violation of Article 13, after this Act enters into force.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 14417, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amended parts of Acts, among the Acts amended pursuant to Article 5 of the Addenda, which were promulgated before This Act enters into force, but the enforcement date of which have not yet arrived, shall enter into force on the enforcement date of the respective Acts. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15053, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting of Military Service Records)
The amended provisions of subparagraph 3 (c) of Article 3, the main sentence of Article 8 (1), the former part of Article 9 (3), and the former part of Article 10 (2) shall apply, starting with a person obligated to report makes a report of his military service records for the first time after this Act enters into force. Article 3 (Applicability to Reporting and Disclosure of Military Service Records of Candidates for Public Office)
The amended provisions of Article 10 (1) through (3) shall apply, starting with the case where a motion for appointment, etc. of a candidate for public office under subparagraph 2 of Article 2 of the Personnel Hearing Act is submitted to the National Assembly for the first time after this Act enters into force.
ADDENDA <Act No. 16347, Apr. 23, 2019>
This Act shall enter into force six months after the date of its promulgation.