UNITED DEFENSE ACT
Act No. 5264, Jan. 13, 1997
Amended by Act No. 5681, Jan. 21, 1999
Act No. 6400, Jan. 29, 2001
Act No. 6548, Dec. 29, 2001
Act No. 7413, Mar. 24, 2005
Act No. 7849, Feb. 21, 2006
Act No. 7853, Mar. 3, 2006
Act No. 8410, Apr. 27, 2007
Act No. 8420, May 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9675, May 21, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10339, jun. 4, 2010
Act No. 11635, Mar. 22, 2013
Act No. 11690, Mar. 23, 2013
Act No. 12566, jun. 3, 2014
Act No. 12844, Nov. 19, 2014
Act No. 14184, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 17686, Dec. 22, 2020
Act No. 17689, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters necessary for the formulation and enforcement of united defense measures in order to unite national defense elements for the united operation of such elements, based on the concept of all-out war so as to respond to the enemy's infiltration, provocation, or threat of infiltration or provocation.
[This Article Wholly Amended on Jun. 21, 2009]
The terms used in this Act are defined as follows: <Amended on Nov. 19, 2012; May 29, 2016; Jul. 26, 2017; Dec. 22, 2020>
| 1. | The term "united defense" means defending the State by uniting various national defense elements and unifying commanding systems in order to respond to the enemy's infiltration, provocation, or threat of infiltration or provocation; |
| 2. | The term "national defense elements" means the following defense forces or elements supporting such forces necessary for conducting united defense operations: |
| (b) | The Korean National Police Agency, Korea Coast Guard, agencies affiliated therewith, and autonomous police organizations under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; |
| (c) | State organs and local governments (excluding those under items (a) and (b)); |
| (f) | Places of work in which the united defense council established pursuant to Article 6 is in operation; |
| 3. | The term "united defense incident" means an incident at a stage declared according to the classification under subparagraphs 6 through 8 in response to the enemy's infiltration, provocation, or threat of infiltration or provocation; |
| 4. | The term "united defense operation" means a defense operation for which the head of the united defense headquarters, a regional army commander, a fleet commander, or the commissioner of a City/Do police agency (hereinafter referred to as the "operations commander") shall unite national defense elements and shall take command and control of such elements pursuant to Article 15 in an area over which a united defense incident is declared; |
| 5. | The term "regional army commander" means a person appointed by the head of the united defense headquarters, from among commanders of a brigade or a higher military unit in an area within a united defense operation zone; |
| 6. | The term "Class I incident" means an emergency incident that occurs as a consequence of the enemy's provocation, such as a large-scale infiltration by troops equipped with an organization and an attack by weapons of mass destruction, and against which united defense operations shall be carried out under the command and control of the head of the united defense headquarters or a regional army commander; |
| 7. | The term "Class II incident" means an incident against which united defense operations shall be conducted under the command and control of a regional army commander because the enemy's infiltration or provocation in some or many areas makes it impracticable to promptly restore public order and security; |
| 8. | The term "Class III incident" means an incident in which the enemy's threat of infiltration or provocation is anticipated or the enemy infiltrates with troops on a small scale, and thus public order and security can be restored promptly by conducting united defense operations under the command and control of the commissioner of a City/Do police agency, a regional army commander, or a fleet commander; |
| 9. | The term "infiltration" means a state in which the enemy invades a territory of the Republic of Korea with intent to perform a specific mission; |
| 10. | The term "provocation" means all kinds of enemy activities of causing harm to citizens or a territory of the Republic of Korea with intent to perform a specific mission; |
| 11. | The term "threat" means a state in which the enemy's capability and plan to infiltrate or provoke the Republic of Korea, which is anticipated, is disclosed; |
| 12. | The term "defensive protection" means operational activities for preventing and protecting personnel, facilities, and equipment from damage caused by the enemy's various provocations and threats and maintaining all functions of personnel, facilities, and equipment in normal conditions; |
| 13. | The term "important national facilities" means facilities that seriously affect national security and citizens' life, such as public institutions, airports, ports, harbors, and major industrial facilities, if any of them is occupied, destroyed, or malfunctioned by the enemy. |
[This Article Wholly Amended on Jun. 21, 2009]
| Article 3 (Establishment of Preparedness for United Defense) |
| (1) | The Government shall prepare policies necessary for the development of national defense elements and the establishment of preparedness for united defense. |
| (2) | The head of each local government shall prepare policies necessary for the establishment of preparedness for united defense within his/her jurisdiction. |
| (3) | The head of each administrative agency at each level and the commander of each military unit shall cooperate with and support each other in order to conduct united defense operations smoothly. |
| (4) | The Government may subsidize a local government, within the budget, for expenses incurred in the mobilization of national defense elements following the declaration of a united defense incident, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 21, 2009]
CHAPTER II OPERATION OF UNITED DEFENSE ORGANIZATIONS
| Article 4 (Central United Defense Council) |
| (1) | The Central United Defense Council (hereinafter referred to as the "Central Council") shall be established under the jurisdiction of the Prime Minister. |
| (2) | The Prime Minister shall serve as the chairperson of the Central Council, and council members shall be the Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Unification, the Minister of Justice, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of SMEs and Startups, the Minister of the Office for Government Policy Coordination, the Minister of Patriots and Veterans Affairs, the Minister of Government Legislation, the Minister of Food and Drug Safety, the Director of the National Intelligence Service, the head of the united defense headquarters, and other persons specified by Presidential Decree. <Amended on Jan. 18, 2010; Jun. 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Central Council shall have one secretary who shall serve as the deputy head of the united defense headquarters. |
| (4) | The Central Council shall deliberate on the following matters: |
| 1. | United defense policies; |
| 2. | United defense operations and exercises and guidelines therefor; |
| 3. | Declaration of united defense incidents or cancellation of such declaration; |
| 4. | Other matters specified by Presidential Decree regarding united defense. |
| (5) | Matters necessary for the operation of the Central Council shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 21, 2009]
| Article 5 (Regional United Defense Councils) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") shall have the united defense council in the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province under his/her jurisdiction, respectively (hereinafter referred to as "City/Do council"), and each Mayor/Do Governor shall serve as the council chairperson. <Amended on Mar. 22, 2013> |
| (2) | The head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; the same shall apply hereinafter) shall have the Si/Gun/Gu united defense council under his/her jurisdiction, and the head of the Si/Gun/Gu shall serve as the council chairperson. |
| (3) | Each City/Do council and each Si/Gun/Gu united defense council (hereinafter referred to as "local council") shall deliberate on the following matters, respectively: Provided, That deliberations on the matters under subparagraphs 1 and 3 shall occur only at a City/Do council meeting: |
| 1. | Designation of an area vulnerable to the enemy's infiltration or stealth activities (hereinafter referred to as "vulnerable area") or cancellation of such designation; |
| 2. | United defense measures; |
| 3. | Declaration of Class II or III incidents or cancellation of such declarations; |
| 4. | Measures for supporting united defense operations and exercises; |
| 5. | Measures for the efficient development and operation of national defense elements. |
| (4) | Matters necessary for the composition, operation, etc. of a local council shall be prescribed by municipal ordinance in compliance with the guidelines prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
| Article 6 (Workplace United Defense Councils) |
| (1) | Each workplace shall establish a workplace united defense council (hereinafter referred to as "workplace council"), and the head of the workplace shall serve as the council chairperson. |
| (2) | The scope of places of work that shall have the workplace council established and matters necessary for the operation of the workplace councils shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
| Article 7 (Consolidated Operation of Councils) |
The Central Council, each local council, and each workplace council may be merged into the following organizations respectively for consolidated operation in compliance with the guidelines prescribed by Presidential Decree: <Amended on May 29, 2016>
[This Article Wholly Amended on May 21, 2009]
| Article 8 (United Defense Headquarters) |
| (1) | The Joint Chiefs of Staff shall have the united defense headquarters under its jurisdiction. |
| (2) | The united defense headquarters shall have one head and one deputy head, and the Chairman of the Joint Chiefs of Staff shall serve as the head of the united defense headquarters, while the Director of Joint Operations in the Joint Chiefs of Staff shall serve as the deputy head. |
| (3) | The united defense headquarters shall take charge of the following matters: |
| 1. | Establishment and adjustment of united defense policies; |
| 2. | Inspection and supervision of the preparedness for united defense; |
| 3. | Comprehensive analysis on the current status of united defense operations and the establishment of countermeasures; |
| 4. | Establishment of guidelines and plans for united defense operations and exercises and the adjustment and control of the enforcement of such guidelines and plans; |
| 5. | Cooperation with agencies related to united defense in performing tasks and consultation and coordination in relation to the execution of programs. |
| (4) | The united defense headquarters shall establish the united defense working committee (hereinafter referred to as "working committee") in order to efficiently promote cooperation within the Government in relation to united defense and perform other tasks related to united defense. |
| (5) | Matters necessary for the composition and operation of the working committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
| Article 9 (United Defense Support Headquarters) |
| (1) | Each Mayor/Do Governor shall have the City/Do united defense support headquarters under his/her jurisdiction, and the head of a Si/Gun/Gu/Eup/Myeon/Dong shall have the Si/Gun/Gu/Eup/Myeon/Dong united defense support headquarters under his/her jurisdiction. |
| (2) | Each City/Do united defense support headquarters and each Si/Gun/Gu/Eup/Myeon/Dong united defense support headquarters (hereinafter referred to as "each united defense support headquarters"), respectively, shall take charge of the following matters: |
| 1. | Establishment and implementation of a plan for supporting united defense operations and exercises; |
| 2. | Installation and operation of a united defense situation room; |
| 3. | Development and support of national defense elements; |
| 4. | Establishment of the resident reporting system in vulnerable areas in united defense; |
| 5. | Other matters prescribed by Presidential Decree or municipal ordinance. |
| (3) | Matters necessary for the organization and operation of each united defense support headquarters shall be prescribed by municipal ordinance in compliance with the guidelines prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
| Article 9-2 (Operation of Intelligence Centers and Join Intelligence Investigation Team) |
| (1) | Regional intelligence centers, comprised of the National Intelligence Service, the police, the local government, etc., may be established and operated as non-standing organs to coordinate and allocate anti-communist intelligence affairs of governmental agencies, to undertake intelligence operations on the enemy's infiltration, provocation, circumstances, and to assist local operations units by judging information. |
| (2) | Where the enemy's unit or personnel appears or other suspicious communist activities occur, a joint intelligence team investigation, which is comprised of intelligence personnel of relevant agencies, such as the National Intelligence Service, the armed forces, and the police, may be established and operated to conduct investigation and analysis of circumstances in any relevant site and to conduct the primary interrogation of arrested prisoners. |
| (3) | Other matters necessary for the establishment, operation, etc. of the intelligence centers and join intelligence investigation team shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 10 (Joint Press Center) |
| (1) | Each operations commander shall support activities of the press in collecting news, as prescribed by Presidential Decree. |
| (2) | Each operations commander may install and operate a joint press center, if necessary for informing of the current status of the progress of united defense and matters that need citizens' cooperation. |
| (3) | When a united defense operation is in progress, matters related to the movements, deployment, and functions of troops or equipment or the operation plan shall not be disclosed to the public: Provided, That the foregoing shall not apply to matters that are required to be informed to citizens or local residents to the extent that such disclosure does not interfere with the performance of the united defense operations. |
[This Article Wholly Amended on Jun. 21, 2009]
[Moved from Article 16; Previous Article 10 moved to Article 12 <May 21, 2009>]
CHAPTER III ALERT AND UNITED DEFENSE INCIDENTS
| (1) | If the enemy's infiltration, provocation, or threat of infiltration or provocation is anticipated, the commander of the military unit or the head of a police agency or station specified by Presidential Decree (hereinafter referred to as "warning authority" in this Article) may issue an alert to prepare united defense operations. |
| (2) | When an alert is issued pursuant to paragraph (1), national defense elements in the relevant area shall establish a command and cooperation system necessary for responding to the enemy's infiltration, provocation, or threat of infiltration or provocation. |
| (3) | The warning authority shall cancel an alert, if the alerted situation terminates or if a superior commander instructs to do so, and an alert shall be deemed cancelled when a united defense incident is declared pursuant to Article 12. |
| (4) | Matters necessary for the types of alerts, the procedures for the issuance and cancellation of alerts, and the establishment of the command and cooperation system between national defense elements when an alert is issued shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 21, 2009]
[Previous Article 11 moved to Article 13 <May 21, 2009>]
| Article 12 (Declaration of United Defense Incidents) |
| (1) | A united defense incident shall be declared as Class I incident, Class II incident, or Class III incident. |
| (2) | If a situation classified as an incident under paragraph (1) arises, any of the following persons shall immediately seek a Presidential declaration of a united defense incident by submitting a recommendation through the Prime Minister: <Amended on Mar. 22, 2013; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | If a situation classified as Class I arises or if a situation classified as Class II arises in at least two regions in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "Cities/Dos"): The Minister of National Defense; |
| 2. | If a situation classified as Class III arises in at least two Cities/Dos: The Minister of the Interior and Safety or the Minister of National Defense. |
| (3) | Upon receiving a recommendation under paragraph (2), the President may declare a united defense incident, after deliberation by the State Council. |
| (4) | The commissioner of a City/Do police agency, a regional army commander, or the commander of a fleet shall immediately recommend that the competent Mayor/Do Governor declare a united defense incident when a Class II or III incident occurs. <Amended on Mar. 22, 2013; Dec. 22, 2020> |
| (5) | Upon receiving the recommendation under paragraph (4), the competent Mayor/Do Governor may declare a Class II or III incident, after deliberation by the City/Do council. |
| (6) | When the competent Mayor/Do Governor declares a Class II or III incident, he/she shall immediately report such fact to the President through the Minister of the Interior and Safety, the Minister of National Defense, and the Prime Minister. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (7) | When a united defense incident is declared pursuant to paragraph (3) or (5), matters concerning the reasons, types, the date and time of declaration, the area, and the operations commander shall be publicly announced. |
| (8) | A united defense incident declared by a Mayor/Do Governor shall become invalid when the President declares a united defense incident for the area for which the Mayor/Do Governor declared a united defense incident. |
| (9) | In addition to the matters under paragraphs (1) through (8), necessary matters concerning the specific requirements and the procedures for the declaration of a united defense incident and the method of public announcement shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 10; Previous Article 12 moved to Article 14 <May 21, 2009>]
| Article 13 (Notification to National Assembly or City/Do Council) |
| (1) | When The President declares a united defense incident, he/she shall notify the National Assembly of the fact without delay. |
| (2) | When a Mayor/Do Governor declares a united defense incident, he/she shall notify the City/Do municipal council of the fact without delay. |
| (3) | The President or a Mayor/Do Governor shall, when he/she gives the notice under paragraph (1) or (2), demand the National Assembly or the City/Do municipal council to convene an extraordinary session, if the National Assembly or the City/Do municipal council is in recess. |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 11; Previous Article 13 moved to Article 15 <May 21, 2009>]
| Article 14 (Cancellation of Declaration of United Defense Incident) |
| (1) | If a situation caused by a united defense incident is normalized or if the National Assembly demands cancellation, the President shall cancel the declaration of the united defense incident and publicly announce the cancellation without delay. |
| (2) | Where the President intends to cancel the declaration of a united defense incident pursuant to paragraph (1), he/she shall refer the case to the Central Council and the State Council for deliberation: Provided, That this shall not apply where the National Assembly demands cancellation. |
| (3) | Where a situation caused by a united defense incident is normalized, the Minister of National Defense or the Minister of the Interior and Safety shall seek the President’s cancellation of the declaration of the united defense incident by submitting a recommendation through the Prime Minister. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where a situation caused by a united defense incident is normalized or if the City/Do municipal council demands cancellation of the declaration of a united defense incident, a Mayor/Do Governor shall, without delay, cancel the declaration and publicly announce the cancellation. In such cases, the Mayor/Do Governor shall report the cancellation of the united defense incident to the President through the Minister of the Interior and Safety, the Minister of National Defense, and the Prime Minister. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | If a Mayor/Do Governor intends to cancel the declaration of a united defense incident pursuant to the former part of paragraph (4), he/she shall bring the case to the City/Do municipal council for deliberation: Provided, That this shall not apply where the City/Do municipal council demands cancellation. |
| (6) | When a situation caused by a united defense incident is normalized, the commissioner of the competent City/Do police agency or the competent regional army commander, or the commander of the competent fleet shall recommend the Mayor/Do Governor to cancel the declaration of the united defense incident. <Amended on Mar. 22, 2013; Dec. 22, 2020> |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 12; Previous Article 14 moved to Article 16 <May 21, 2009>]
CHAPTER IV UNITED DEFENSE OPERATIONS AND EXERCISES
| Article 15 (United Defense Operations) |
| (1) | United defense operation zones shall be classified as follows: |
| 1. | Ground zone: Specific guard ground area, military ground area, and police ground area; |
| 2. | Marine zone: Specific guard marine area and ordinary guard marine area; |
| 3. | Air zone: Prohibited airspace and ordinary airspace. |
| (2) | The commander of a City/Do police agency, a regional army commander, or a fleet commander shall conduct united defense operations (united defense support operations in cases of the Air Force Operations Commander) pursuant to any of the following subparagraphs, whichever is relevant, immediately when a united defense incident is declared: Provided, That if a Class II incident is declared, the competent regional army commander shall conduct united defense operations, while the head of the united defense headquarters or the competent regional army commander shall conduct united defense operations if a Class I incident is declared: <Amended on Dec. 22, 2020> |
| 1. | Police area: The City/Do police agency commander; |
| 2. | Specific guard marine area or military ground area: The regional army commander; |
| 3. | Specific guard marine area or ordinary guard marine area: The fleet commander; |
| 4. | Prohibited airspace or ordinary airspace: The Air Force Operations Commander. |
| (3) | When a united defense incident is declared, all national defense elements in the relevant area shall establish the command and cooperation system necessary to efficiently conduct united defense operations, as prescribed by Presidential Decree. |
| (4) | In addition to the matters under paragraphs (1) through (3), necessary matters concerning the detailed scope of united defense operation zones and the execution of united defense operations shall be determined by the head of the united defense headquarters, after deliberation by the working committee. |
| (5) | A person who performs a duty in a united defense operation may conduct inspections necessary to perform the duty in the operation zone, as prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 13; Previous Article 15 moved to Article 17 <May 21, 2009>]
[Article 15-2 Moved to Article 21 <May 21, 2009>]
| Article 16 (Controlled Zones) |
| (1) | In any of the following cases, the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu may establish a controlled zone necessary to prevent harm to human life and body and may prohibit or restrict the entry of people unrelated to united defense operations or joint operations conducted by the military and police following the issuance of alerts or order such people to leave the controlled zone: <Amended on Mar. 22, 2013> |
| 1. | Where a united defense incident is declared; |
| 2. | Where a level one alert is issued as there are clear signs of enemy’s infiltration or provocation. |
| (2) | Matters necessary for the standards and procedures for the establishment of controlled zones under paragraph (1) and the method of public announcement shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 14; Previous Article 16 moved to Article 10 <May 21, 2009>]
| Article 17 (Evacuation Orders) |
| (1) | When a united defense incident is declared, the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu may order residents or people staying in the operation area to evacuate immediately in order to prevent harm to human life and body. |
| (2) | The evacuation order under paragraph (1) (hereinafter referred to as "evacuation order") shall be publicly announced by broadcasting, loudspeakers, posters, or other means specified by Presidential Decree. |
| (3) | Necessary matters concerning safe evacuation methods and the method of and procedure for the enforcement of evacuation orders shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 15; Previous Article 17 moved to Article 22]
[Article 17-2 moved to Article 18 <May 21, 2009>]
| Article 18 (Operation of Checkpoints) |
| (1) | The commissioner of a City/Do police agency, the commander of a regional coast guard (including the chief of a coast guard station prescribed by Presidential Decree; hereinafter the same shall apply), regional army commander, or fleet commander may install and operate checkpoints at points through which the enemy is anticipated to infiltrate in the area under his/her jurisdiction: Provided, That the commander of a regional coast guard shall, when he/she intends to install checkpoints, consult with the competent fleet commander in advance. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020> |
| (2) | Matters necessary for the command and communications system of checkpoints and the operation of checkpoints shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 17-2; Previous Article 18 moved to Article 19 <May 21, 2009>]
Any person who discovers an enemy's infiltration or appearance or a trace of such infiltration or appearance shall report his/her discovery to a military unit or an administrative agency without delay.
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 18; Previous Article 19 moved to Article 23 <May 21, 2009>]
| Article 20 (United Defense Exercises) |
The head of the united defense headquarters shall conduct united defense exercises in which national defense elements shall participate, as prescribed by Presidential Decree, in order to master the procedures for the efficient performance and support of united defense operations.
[This Article Newly Inserted on May 21, 2009]
[Previous Article 20 moved to Article 24 <May 21, 2009>]
CHAPTER V MANAGEMENT OF IMPORTANT NATIONAL FACILITIES AND VULNERABLE AREAS
| Article 21 (Safeguard, Security, and Defensive Protection of Important National Facilities) |
| (1) | A person in charge of the management of an important national facility (including the owner thereof; the same shall apply hereinafter) shall be responsible for the safeguard, security, and defensive protection of the facility and shall establish a self-protection plan in preparation for a united defense incident. In such cases, if necessary in establishing a self-protection plan, the person in charge of the management of an important national facility may request the commissioner of the competent City/Do police agency or the competent regional military commander to cooperate in planning. <Amended on Dec. 22, 2020> |
| (2) | The commissioner of each City/Do police agency or each regional army commander shall establish and implement a defensive protection support plan for important national facilities in preparation for united defense incidents. <Amended on Dec. 22, 2020> |
| (3) | Guidance for, and the oversight of, activities for the safeguarding and security of important national facilities at peacetime shall be carried out by the head of each related administrative agency and the Director of the National Intelligence Service. |
| (4) | Important national facilities shall be designated by the Minister of National Defense, subject to prior consultation with heads of related administrative agencies and the Director of the National Intelligence Service. |
| (5) | The planning of self-protection and defensive protection support of important national facilities and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 15-2 <May. 21, 2009>]
| Article 22 (Designation and Management of Vulnerable Areas) |
| (1) | Each Mayor/Do Governor may designate any of the following areas as a vulnerable area or cancel the designation of an area as a vulnerable area by conducting an analysis once a year, after deliberation by the City/Do Council, as prescribed by Presidential Decree. The head of the united defense headquarters shall be notified of the results of such designation or cancellation: |
| 1. | An isolated or remote area in which it is impracticable to conduct immediate united defense operations because of underdeveloped facilities for transportation and communications; |
| 2. | An area for which there is a record of the infiltration of a spy or armed militia or where it is easy for a spy or armed militia to conduct activities by stealth; |
| 3. | An open space or lake where it is easy for the enemy to infiltrate at a low altitude or where it is easy for low-speed aircraft to land; |
| 4. | Other areas prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), the head of the united defense headquarters may designate an area that stretches over two or more different Cities/Dos or an area for which countermeasures for national united defense are required, as a vulnerable area or may cancel the designation of an area as a vulnerable area, after deliberation by the working committee. In such cases, the competent Mayors/Do Governors shall be notified of the results of such designation or cancellation thereof. |
| (3) | Each Mayor/Do Governor shall install barriers in the areas designated as vulnerable areas pursuant to paragraphs (1) and (2) and shall prepare other countermeasures necessary for the united defense in the vulnerable areas. |
| (4) | Each regional army commander shall install iron railings and other barriers along the coastline or riverside where activities for defensive protection are considered necessary, among vulnerable areas, and may restrict civilians' entry as prescribed by Presidential Decree. |
| (5) | Necessary matters concerning countermeasures for the united defense of vulnerable areas under paragraph (3) shall be prescribed by municipal ordinance of each City/Do in compliance with guidelines prescribed by Presidential Decree. |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 17 <May 21, 2009>]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 23 (Censure and Demand for Rectification) |
| (1) | If public officials in charge of united defense or persons who participate in a united defense operation or exercise neglect their duties and bring about a serious problem in the national security or united defense, the head of the united defense headquarters may notify the head of the agency, institution, or workplace to which they belong of the list of them. |
| (2) | Upon receiving a notice under paragraph (1), the head of an agency, institution, or workplace shall, take disciplinary measures or other appropriate measures, unless any exceptional circumstance exists, and shall notify the head of the united defense headquarters of the results of the measures taken. |
| (3) | If necessary for maintaining the preparedness for defensive protection of important national facilities, the head of the united defense headquarters may demand the rectification of the self-protection plan or the protection support plan for an important national facility, which has been established pursuant to Article 21 (1) or (2). |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 19 <May 21, 2009>]
CHAPTER VII PENALTY PROVISIONS
| Article 24 (Penalty Provisions) |
| (1) | A person who violates the prohibition of, or restrictions on, the entry or an order to leave under Article 16 (1) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on May 9, 2014> |
| (2) | A person who violates an evacuation order under Article 17 (1) shall be punished by a fine not exceeding three million won. |
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 20 <May 21, 2009>]
ADDENDUM <Act No. 5264, Jan. 13, 1997>
This Act shall enter into force on June 1, 1997.
ADDENDA <Act No. 5681, Jan. 21, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6548, Dec. 29, 2001>
This Act shall enter into force three months on the date of its promulgation.
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the following matters shall enter into force on the date under the following classification:
| 1. | Provisions of Article 26 … Articles 2 through 4 of the Addenda shall enter into force on the date on which the Presidential Decree concerning the Organization of the Ministry of Gender Equality and Family under the amended provisions of Article 42 enters into force, which shall be within three months after promulgation of this Act. |
Articles 2 through 4 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. 7853, Mar. 3, 2006>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measure concerning Designation of Vulnerable Areas) The areas designated as vulnerable areas pursuant to the previous provisions before this Act enters into force shall be deemed to have been designated pursuant to the amended provisions of Article 17 (1) or (2). |
ADDENDA <Act No. 8410, Apr. 27, 2007>
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. 8420, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9675, May 21, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11635, Mar. 22, 2013>
This Act shall enter into force three months after the date of its promulgation.
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.
ADDENDUM <Act No. 12566, May 9, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended in accordance with Article 6 of Addenda, amended parts that were promulgated before this Act enters into force but their enforcement dates have yet to arrive shall enter into force on their respective enforcement dates of the relevant Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions amending any Act that was promulgated before this Act enters into force but has yet to enter into force, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the respective date the relevant Act enters into force.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 17686, Dec. 22, 2020>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 17689, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 8 Omitted.