ACT ON THE ORGANIZATION OF THE REPUBLIC OF KOREA ARMED FORCES
Act No. 4249, Aug. 1, 1990
Wholly Amended by Act No. 1343, May 20, 1963
Amended by Act No. 1574, Dec. 16, 1963
Act No. 2624, Oct. 10, 1973
Act No. 2829, Dec. 31, 1975
Act No. 3342, Dec. 31, 1980
Act No. 3994, Dec. 4, 1987
Act No. 4249, Aug. 1, 1990
CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to stipulate general principles for the organizationand formation of the National Armed Forces for the purpose of performance of the duties of national defence.
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| Article 2 (Organization of National Armed Forces) |
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| (1) | The National Armed Forces shall be composed of the Army, the Navyand the Air Force (hereinafter referred to as the“each service of the ArmedForces”) and the Marine Corps shall be established in the Navy. |
| (2) | The Headquarters of the Joint Chiefs of Staff shall be attached to the Ministry of National Defense in order to direct and supervise the operation units of each service of the Armed Forces and to carry out joint or allied operations. |
| (3) | When necessary for military purposes, joint units and other agencies may be established under the direction and supervision of the Minister of National Defense as prescribed by the Presidential Decree. |
[This Article Wholly Amended by Act No. 4249, Aug. 1, 1990]
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| Article 3 (Duties of Each Service of Armed Forces, etc.) |
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| (1) | The main duties of the Army shall be operations on the ground, andthe Army shall be formed and equipped for that purpose and shall undertakeeducation and training necessary therefor. |
| (2) | The main duties of the Navy shall be operations on the sea and landing operations, and the Navy shall be formed and equipped for that purpose and shall undertake education and training necessary therefor. <Amended by Act No. 2624, Oct. 10, 1973> |
| (3) | Deleted. <by Act No. 2624, Oct. 10, 1973> |
| (4) | The main duties of the Air Force shall be aviation operations, and the Air Force shall be formed and equipped for that purpose and shall undertake education and training necessary therefor. |
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| Article 4 (Personal Status of Soldiers, etc.) |
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| (1) | “A soldier”shall mean a person who serves the Armed Forces in time of war as well as in time of peace. |
| (2) | Matters concerning personnel affairs, rendition of military servicesand personal status of soldiers shall be separately stipulated by other Acts. |
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| Article 5 (Military Flag) |
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| (1) | The Armed Forces shall use military flags. |
| (2) | The types and sizes of military flags shall be stipulated by the PresidentialDecree. |
CHAPTER Ⅱ POWER AS TO MILITARY AFFAIRS
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| Article 6 (Status and Power of President) |
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The President shall exercise the prerogatives of supreme command over the National Armed Forces in accordance with the provisions of the Constitution, this Act and other Acts. <Amended by Act No. 1343, May 20, 1963>
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| Article 7 Deleted.<by Act No. 1343, May 20, 1963> |
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| Article 8 (Power of Minister of National Defense) |
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The Minister of National Defense shall, by order of the President, take charge of the matters concerning military affairs, and shall direct and supervise the Chairman of the Council of the Joint Chiefs of Staff and the Chief of Staff of each service of the Armed Forces.
[This Article Added by Act No. 4249, Aug. 1, 1990>
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| Article 9 (Power of Chairman of Council of Joint Chiefs of Staff) |
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| (1) | The Chairman of the Council of the Joint Chiefs of Staff shall be installedat the Headquarters of the Joint Chiefs of Staff. |
| (2) | The Chairman of the Council of the Joint Chiefs of Staff shall assist the Minister of National Defense with regard to military commands, and shall direct and supervise, by order of the Minister of National Defense, the operation units of each service of the Armed Forces, the main duty of which is combatting, and shall direct and supervise the joint units established for the purpose of carrying out joint operations:Provided,That in time of peace, prior approval of the Minister of National Defense on the military matters of importance such as the movement of unit with independent combat brigade level or higher shall be obtained. |
| (3) | The scope of the operation units and the joint units of each service of the Armed Forces, the main duty of which is combatting, and the scopeof the power of direction and supervision under the provisions of paragraph(2) shall be prescribed by the Presidential Decree. |
[This Article Wholly Amended by Act No. 4249, Aug. 1, 1990]
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| Article 10 (Power of Chief of Staff of Each Service of Armed Forces) |
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| (1) | The Chief of Staff of the Army shall be installed at the Army, the Chief of Staff of the Navy at the Navy, and the Chief of Staff of the Air Force at the Air Force. |
| (2) | The Chief of Staff of each service of the Armed Forces shall direct and supervise the respective service of the Armed Forces by order of the Minister of National Defense, except for the operation units, the main duty of which is combatting. |
[This Article Wholly Amended by Act No. 4249, Aug. 1, 1990]
| (3) | Deleted. <by Act No. 2624, Oct. 10, 1973> |
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| Article 11 (Power of Chiefs of Subordinate Units and Agencies) |
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A head of a unit or an agency of each service of the Armed Forces shall direct and supervise his unit or agency by order of the chief of the superior unit or agency under the formation regulations or the system of direction and supervision. <Amended by Act No. 2624, Oct. 10, 1973; Act No. 4249, Aug. 1, 1990>
CHAPTER Ⅲ HEADQUARTERS OF THE JOINT CHIEFS OF STAFF
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| Article 12 (Headquarters of Joint Chiefs of Staff) |
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| (1) | In addition to the Chairman of the Council of the Joint Chiefs of Staff,the Assistant Chairmen of the Council of the Joint Chiefs of Staff of threeor less persons from each service of the Armed Forces, no service dispatchingmore than one person, and other necessary branches of staff shall be installed at the Headquarters of the Joint Chiefs of Staff. |
| (2) | The Assistant Chairmen of the Council of the Joint Chiefs of Staff shall assist the Chairman of the Council of the Joint Chiefs of Staff and shall act for him, to carry out the duties of the Chairman of the Council of the Joint Chiefs of Staff in hierarchical order in case of accident of the Chairman of the Council of the Joint Chiefs of Staff. |
| (3) | The organization of the Headquarters of the Joint Chiefs of Staff shall be provided in the Presidential Decree:Provided,That the balanced development of each service of the Armed Forces and the performance of joint operations should be secured. |
[This Article Wholly Amended by Act No. 4249, Aug. 1, 1990]
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| Article 13 (Council of Joint Chiefs of Staff) |
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| (1) | The Council of the Joint Chiefs of Staff shall be attached at the Headquarters of the Joint Chiefs of Staff in order to assist the Minister of National Defense with regard to military commands, and to examine military matters of importance and other matters stipulated by Acts and subordinate statutes. |
| (2) | The Council of the Joint Chiefs of Staff shall consist of the Chairman of the Council of the Joint Chiefs of Staff and the Chiefs of Staff of each service of the Armed Forces and the Chairman of the Council of the Joint Chiefs of Staff shall be the chairman thereof:Provided,That when the matters related to certain operation units such as the Marine Corps, etc.are examined, the operation commander concerned may be ordered to attend. |
| (3) | The Council of the Joint Chiefs of Staff shall be held regularly at least once a month, and the necessary matters related to the management of the Council of the Joint Chiefs of Staff shall be prescribed by the Minister of National Defense. |
[This Article Wholly Amended by Act No. 4249, Aug. 1, 1990]
CHAPTER Ⅳ ARMY, NAVY, AND AIR FORCE
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| Article 14 (Establishment of Headquarters of Each Service of Armed Forces, etc.) |
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| (1) | The Army Headquarters for the Army, the Naval Headquarters for the Navy, and the Air Force Headquarters for the Air Force shall be established, respectively. |
| (2) | One Deputy Chief of Staff and necessary branches of staff shall be established at the headquarters of each service of the Armed Forces in addition to its Chief of Staff. |
| (3) | The Deputy Chief of Staff of each service of the Armed Forces shall assist the Chief of Staff of the pertinent service of the Armed Forces and in case of accident of the Chief of Staff, Deputy Chief of Staff shall act for him. |
| (4) | The Marine Corps Command, the main duty of which is amphibious landing operations, shall be established under the Navy, and the commander of the Marine Corps and necessary branches of staff shall be established in the Marine Corps Command. <Added by Act No. 4249, Aug. 1, 1990> |
| (5) | The organization of the Headquarters of each service of the Armed Forces and of the Command of the Marine Corps, and other necessary matters shall be prescribed by the Presidential Decree. <Added by Act No. 4249, Aug. 1, 1990> |
[This Article Wholly Amended by Act No. 3994, Dec. 4, 1987]
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| Article 15 (Establishment of Units and Agencies for Each Service of Armed Forces) |
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| (1) | Necessary units and agencies may be established under each service of the Armed Forces. <Amended by Act No. 2624, Oct. 10, 1973> |
| (2) | Matters necessary with regard to the establishment of the units and agencies as mentioned in paragraph (1) shall be determined by Acts and subordinate statutes or the Presidential Decree: Provided, That the Minister of National Defense may delegate a part of his power to the Chief of Staffs of each service of the Armed Forces as prescribed by the Presidential Decree. <Amended by Act No. 2624, Oct. 10, 1973> |
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| Article 16 (Civilian Employees of Armed Forces) |
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| (1) | Civilian employees shall be installed at the National Armed Forces, in addition to the soldiers. <Amended by Act No. 3342, Dec. 31, 1980> |
| (2) | Matters concerning qualifications, appointment and dismissal, rendition of services, and matters concerning personal status, of the civilian employees provided for by paragraph (1) shall be separately stipulated by Acts and subordinate statutes. <Amended by Act No. 3342, Dec. 31, 1980> |
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| Article 17 (Withholding of Public Announcement) |
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Orders to be enacted under this Act may not be announced publicly when it is deemed necessary for the purpose of keeping military secrets.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 1574, Dec. 16, 1963>
This Act shall enter into force on the enforcement date of the Constitution amended on December 26, 1962.
ADDENDA<Act No. 2624, Oct. 10, 1973>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures for Acts Done by Commander of the Marine Corps, etc.) The acts taken by a commander of the Marine Corps or its unit, an agency or an officer under his command as provided by the provisions of the previous Act concerning Organization of the Armed Forces or other Acts and regulations at the time when this Act enters into force, shall be regarded as acts done by the Chief of Staff of the Navy or the pertinent unit, an agency or officer in charge of the matters concerned. This shall also apply to acts taken towards the commander of the Marine Corps or a unit, an agency or an officer under his command. |
| (3) | (Transitional Measures for Soldiers in the Marine Corps) Soldiers who are serving the Marine Corps at the time of enforcement of this Act shall be regarded as enrolled in the Navy. |
ADDENDUM<Act No. 2829, Dec. 31, 1975>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 3994, Dec. 4, 1987>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 4249, Aug. 1, 1990>
This Act shall enter into force on October 1, 1990.
Last updated : 2009-07-26