FRAMEWORK ACT ON MILITARY WELFARE
Act No. 8731, Dec. 21, 2007
Amended by Act No. 9401, Jan. 30, 2009
Act No. 11141, Dec. 31, 2011
Act No. 11389, Mar. 21, 2012
Act No. 12230, Jan. 14, 2014
Act No. 12787, Oct. 15, 2014
Act No. 13242, Mar. 27, 2015
Act No. 15049, Nov. 28, 2017
Act No. 16033, Dec. 24, 2018
Act No. 17682, Dec. 22, 2020
The purpose of this Act is to provide for matters necessary for the establishment of policies on the welfare of military personnel and the implementation of welfare programs for military personnel in order to promote the stabilization of their livelihood and the improvement of their quality of life, boost the morale of the military, and further motivate military personnel to devote themselves to the performance of their duties.
The terms used in this Act are defined as follows: <Amended on Mar. 27, 2015>
| 2. | The term “family member of a military personnel” means any of the following persons: |
| (b) | A lineal ascendant of a military personnel or his or her spouse; |
| (c) | A lineal descendant of a military personnel or his or her spouse; |
| 3. | The term "welfare facility" means any of the following facilities run by the Minister of National Defense for the improvement of welfare of military personnel: |
| (a) | A dormitory for children of military personnel; |
| (b) | A military shop or a gas station in a military base; |
| (c) | A welfare hall, a resort facility, or a condominium; |
| (d) | Other facilities deemed necessary for the enhancement of welfare of military personnel and designated by the Minister of National Defense; |
| (e) | A facility ancillary to a facility under any provision of items (a) through (d); |
| 4. | The term "sports facility" means a facility established to maintain and improve the physical strength of military personnel (including a military golf course). |
| Article 3 (Responsibilities of the State) |
| (1) | The State shall develop conditions by which military personnel who perform the duty of homeland defense are able to devote themselves to the performance of their duties while in active service and enjoy a stable life following active service. |
| (2) | The State shall establish and enforce policies necessary for the welfare of military personnel. |
| Article 4 (Relationship to Other Statutes) |
Except as provided for by other statutes, the welfare of military personnel shall be governed by this Act.
| Article 5 (Financial Resources for Welfare Programs) |
| Article 6 (Establishment and Enforcement of Basic Military Welfare Plan) |
| (1) | The Minister of National Defense shall prepare a basic military welfare plan (hereinafter referred to as the "basic plan") every five years, subject to prior deliberation by the Military Welfare Committee provided for under Article 8, and shall finalize the basic plan with the approval of the President, subject to prior consultation with heads of related central administrative agencies. The foregoing shall also apply to an intended amendment of the basic plan so established. |
| (2) | The basic plan shall include the following matters: |
| 1. | The basic goals and direction of military welfare policies; |
| 2. | Matters concerning the establishment and operation of welfare facilities and sports facilities for military personnel (hereinafter referred to as "welfare facilities, etc."); |
| 3. | Matters concerning the procurement and management of financial resources required for welfare programs for military personnel; |
| 4. | Other matters deemed necessary for the improvement of welfare of military personnel. |
| (3) | The head of each central administrative agency shall establish an annual implementation plan for affairs under his or her jurisdiction in accordance with the basic plan, notify the Minister of National Defense of the plan, and enforce it. |
| (4) | The procedure for the establishment of the basic plan and matters necessary for the establishment and enforcement of implementation plans shall be prescribed by Presidential Decree. |
| Article 7 (Factual Survey) |
| (1) | The Minister of National Defense shall conduct a factual survey on the actual state of military welfare every five years and reflect the results therefrom in the basic plan. |
| (2) | Matters necessary for the matters, methods, etc. of the factual survey under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Military Welfare Committee) |
| (1) | The Military Welfare Committee (hereinafter referred to as the "Committee") shall be installed within the Ministry of National Defense for purposes of deliberation on matters concerning the establishment and enforcement of military welfare policies. |
| (2) | The Committee shall be comprised of not more than 10 members, including one chairperson. |
| (3) | The Vice Minister of National Defense shall serve as the chairperson, and committee members shall be commissioned or appointed by the Minister of National Defense from among persons who have extensive learning and experience in policies on military welfare as well as public officials in general service from related central administrative agencies and public officials from the Ministry of National Defense who are members of the Senior Executive Service. |
| (4) | The Committee shall deliberate on the following matters: |
| 1. | Matters concerning the basic direction of military welfare policies; |
| 2. | Matters concerning the improvement of statutes and regulations, and systems for the enhancement of military welfare and the budgetary support thereof; |
| 3. | Matters concerning the formulation of a basic plan; |
| 4. | Matters concerning the factual survey on military welfare under Article 7; |
| 5. | Other matters that the chairperson proposes in connection with military welfare. |
| (5) | The Committee shall have one executive secretary to be assigned the administrative affairs of the Committee and who shall be appointed by the chairperson from among the public officials under the jurisdiction of the Minister of National Defense. |
| (6) | Matters necessary for the term of office for committee members and the organization and operation of the Committee shall be prescribed by Presidential Decree. |
| Article 9 (Furnishing of Military Accommodation) |
| (1) | The State shall furnish military personnel (excluding non-voluntary non-commissioned officers and enlisted soldiers; hereafter the same shall apply in this Article and Article 10) with any of the following accommodations in order to enable military personnel to maintain stability in housing, thereby devoting themselves to their duties: Provided, That accommodation falling under subparagraph 2 shall be furnished only to military personnel who have not been furnished with official residences: <Amended on Mar. 27, 2015; Dec. 24, 2018> |
| 1. | Official residences or dormitories for single persons (hereinafter referred to as "military accommodations" in this Article); |
| 2. | Subsidizing money for a private housing lease falling under any of the following: |
| (a) | Loans of a lease security deposit, or of deposit money used in a house lease on a deposit basis without monthly rent; |
| (b) | Interest on money loaned for a lease security deposit, or for deposit money used in a house lease on a deposit basis without monthly rent; |
| (2) | The State may collect money incurred in accommodation including a tenant's security deposit, from military personnel furnished with accommodation pursuant to paragraph (1) 1 and 2. <Newly Inserted on Dec. 24, 2018> |
| (3) | The size of military accommodations and the standards of facilities shall be prescribed within the budget, taking average national housing standards into account. <Amended on Dec. 24, 2018> |
| (4) | Matters necessary for the management of military accommodations, subsidization of money for a private housing lease, and collection of money incurred in accommodation shall be determined by the Minister of National Defense. <Amended on Mar. 27, 2015; Dec. 24, 2018> |
[Title Amended on Mar. 27, 2015]
| Article 10 (Preferential Supply of Residential Housing) |
| (1) | The State may supply residential housing preferentially to the head of a household who does not own residential housing or his or her household members prescribed by Presidential Decree among military personnel who have been in service for not less than 10 years. The standards for eligibility for the provision of such residential housing shall be prescribed by Presidential Decree, taking into consideration the tenant's duration of living without his or her own residential housing, the service period, the number of dependent family members, etc. <Amended on Nov. 28, 2017> |
| (2) | Where a corporation established for the purpose of promoting the stability of living of military personnel and enhancing their welfare needs a housing site in order to supply residential housing to military personnel who do not own residential housing, the operator of a housing site development project under Article 7 of the Housing Site Development Promotion Act and a public housing project operator under Article 4 of the Special Act on Public Housing may supply the housing site to the corporation in preference to others: Provided, That in cases of a public housing zone under the Special Act on Public Housing, the area of a public housing zone shall be at least 3.3 million square meters. <Amended on Dec. 22, 2020> |
| (3) | Where the Minister of National Defense intends to sell miscellaneous property that falls into disuse as a result of the relocation of a defense facility or a military facility to other area, he or she may sell it preferentially to a person who intends to use it for the purpose of supplying residential housing to military personnel who do not have their own residential housing. In such cases, the purpose of use of the property and the duration of use for such purpose may be specified as a condition of the sale pursuant to Article 49 of the State Property Act. <Amended on Jan. 30, 2009> |
| Article 11 (Assistance in Child-Care and Education) |
| (1) | Where a military personnel's child needs to transfer or special admission a school under the Elementary and Secondary Education Act due to the military personnel's transfer to another post, the State shall render assistance in such transfer or special admission, taking into consideration the extraordinary situation of the military personnel. <Amended on Jan. 26, 2012> |
| (2) | Where the State or a local government intends to establish a national or public day-care facility pursuant to Article 12 of the Infant Care Act in an area densely populated with military personnel, the Minister of National Defense may allow the competent local government to use and benefit from facilities necessary for the establishment of the day-care facility without consideration. <Amended on Jun. 7, 2011> |
| (3) | The Minister of National Defense may furnish any of the following children (limited to children who study in Korea) with accommodation if the children are unable to live together with the military personnel due to the circumstance of the military personnel in service. In such cases, the Minister of National Defense shall preferentially furnish current students to acquire or be authorized to have acquired educational attainment not exceeding high-school graduates with accommodation: <Amended on Oct. 15, 2014> |
| 4. | A student at an education and training institution which operates a course of study accredited under Article 3 (1) of the Act on Recognition of Credits or at school referred to in Article 7 (2) 1 of the same Act; |
| 5. | A person the Minister of National Defense deems necessary to provide accommodation. |
| (4) | Matters concerning requirements for admission to the accommodation under paragraph (3) and the allocation of expenses therefor shall be prescribed by Presidential Decree. |
| Article 11-2 (Support for Educational Facilities) |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 12 Deleted. <Mar. 21, 2012> |
| Article 13 Deleted. <Mar. 21, 2012> |
| Article 14 (Establishment and Operation of Military Welfare Facilities) |
| (1) | Where necessary for enhancing the welfare of military personnel and the maintenance and improvement of their physical strength, the Minister of National Defense may establish and operate welfare facilities in accordance with the basic plan and implementation plans under Article 6. |
| (2) | Where necessary for the efficient management of welfare facilities, the Minister of National Defense may allow non-military personnel and their family members who are eligible to use welfare facilities, etc. under this Act to use such facilities. <Amended on Oct. 15, 2014> |
| (3) | The Minister of National Defense shall integrate the management and operation of welfare facilities and comply with the provisions of the Military Welfare Fund Act in settling accounts for the management of welfare facilities, and may designate persons from each branch of the military to manage welfare facilities. |
| (4) | The Minister of National Defense may outsource a civilian business entity with the operations of welfare facilities, subject to prior deliberation by the Committee, where necessary for the efficient operation of welfare facilities. |
| (5) | Matters necessary for the management and operation of welfare facilities, including the designation of persons to manage welfare facilities and the outsourcing of the operations of welfare facilities, shall be prescribed by Presidential Decree. |
| Article 15 (Education on Later Life Planning) |
For the stability of lives of military personnel, spread of awareness on preparation for later life and systematic preparation for later life, the Minister of National Defense may conduct business for education on later life planning. In such cases, the Minister of National Defense may operate such business by outsourcing it to an education institution specializing in later life planning.
[This Article Newly Inserted on Jan. 14, 2014]
ADDENDA <Act No. 8731, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on March 1, 2008: Provided, That the integrated operation of welfare facilities, etc. under Article 14 (3) shall enter into force six months from the date this Act enters into force. |
| (2) | (Transitional Measure concerning Welfare Facilities) Welfare facilities, etc. established and operated at the time this Act enters into force shall be deemed to have been established and operated pursuant to this Act, and welfare facilities, etc. in the progress of establishment at the time this Act enters into force shall be deemed to be in the progress of establishment pursuant to this Act. |
| (3) | (Transitional Measure concerning Welfare Programs) Military welfare programs in operation at the time this Act enters into force shall be deemed to be in operation pursuant to this Act. |
| (4) | (Transitional Measure concerning Outsourced Operation of Welfare Facilities) Where the operations of a welfare facility is outsourced to a civilian business entity at the time this Act enters into force, the pre-existing contract on the outsourcing of operations shall be deemed to have been made pursuant to this Act but shall expire on December 31, 2008, where there is no specified contract term. |
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 11225, Jan. 26, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11389, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 12230, Jan. 14, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12787, Oct. 15, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13242, Mar. 27, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15049, Nov. 28, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16033, Dec. 24, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17682, Dec. 22, 2020>
This Act shall enter into force six months after the date of its promulgation.