ACT ON THE ORGANIZATION OF THE REPUBLIC OF KOREA ARMED FORCES
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
Act No. 5645, Jan. 21, 1999
Act No. 10102, Mar. 17, 2010
Act No. 10821, Jul. 14, 2011
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to stipulate general principles for the organization and formation of the Republic of Korea Armed Forces for the purpose of performance of the duties of national defence.
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
| Article 2 (Organization of Republic of Korea Armed Forces) |
| (1) | The Republic of Korea Armed Forces shall be composed of the Army, the Navy and the Air Force (hereinafter referred to as "each service of the Armed Forces") and the Marine Corps shall be established in the Navy. |
| (2) | The Headquarters of the Joint Chiefs of Staff shall be established under 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 Presidential Decree. |
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
| Article 3 (Main Duties, etc. of Each Service of Armed Forces) |
| (1) | The main duties of the Army shall be operations on the ground, and the Army shall be formed and equipped for that purpose and shall provide education and training necessary therefor. <Amended by Act No. 10102, Mar. 17, 2010> |
| (2) | The main duties of the Navy shall be operations on the sea, including landing operations, and the main duties of the Marine Corps shall be landing operations, and the Navy and Marine Corps shall be formed and equipped for that purpose and shall provide education and training necessary therefor. <Amended by Act No. 10102, Mar. 17, 2010; Act No. 10821, Jul. 14, 2011> |
| (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 provide education and training necessary therefor. <Amended by Act No. 10102, Mar. 17, 2010> |
| Article 4 (Personal Status, etc. of Soldiers) |
| (1) | "A soldier" means 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 services and personal status of soldiers shall be separately stipulated by other Acts. |
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
| Article 5 (Military Flag) |
| (1) | The Armed Forces shall use military flags. |
| (2) | The types and sizes of military flags and other necessary matters therefor shall be stipulated by Presidential Decree. |
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
CHAPTER II POWER AS TO MILITARY AFFAIRS
| Article 6 (Status and Power of President) |
The President shall exercise the prerogatives of supreme command over the Republic of Korea Armed Forces in accordance with the Constitution, this Act and other Acts.
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
| Article 7 Deleted. <by Act No. 1574, Dec. 16, 1963> |
| Article 8 (Power of Minister of National Defense) |
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 Wholly Amended by Act No. 10102, Mar. 17, 2010]
| Article 9 (Power of Chairman of Council of Joint Chiefs of Staff) |
| (1) | The Chairman of the Council of the Joint Chiefs of Staff shall belong to 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 at the 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 scope of the power of direction and supervision under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
| Article 10 (Power, etc. of Chief of Staff of Each Service of Armed Forces) |
| (1) | The Army shall have the Chief of Staff of the Army, the Navy shall have the Chief of Staff of the Navy, and the Air Force shall have the Chief of Staff of 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: Provided, That direction and supervision over the operation units, the main duty of which is combatting, shall be excluded herefrom. <Amended by Act No. 4249, Aug. 1, 1990> |
| (3) | The Marine Corps shall have the commander of the Marine Corps, who shall command and supervise the Marine Corps by order of the Chief of Staff of the Navy. <Amended by Act No. 10821, Jul. 14, 2011> |
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]]
| Article 11 (Power of Chiefs of Subordinate Units and Agencies) |
A head of a unit or an agency of each service of the Armed Forces shall direct and supervise his/her 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.
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
CHAPTER III HEADQUARTERS OF THE JOINT CHIEFS OF STAFF
| Article 12 (Headquarters of Joint Chiefs of Staff) |
| (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 three or less persons from each service of the Armed Forces, no service dispatching more 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 on behalf of him/her to carry out the duties of the Chairman of the Council of the Joint Chiefs of Staff in hierarchical order in cases 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 prescribed by 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. 10102, Mar. 17, 2010]
| Article 13 (Council of Joint Chiefs of Staff) |
| (1) | The Council of the Joint Chiefs of Staff shall be established at the Headquarters of the Joint Chiefs of Staff to assist the Minister of National Defense with regard to military commands, and to deliberate on important military matters and other matters stipulated by 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 Council deliberates on any matter concerning the Marine Corps, the commander of the Marine Corps shall also be a member of the Council of Joint Chiefs of Staff. <Amended by Act No. 10821, Jul. 14, 2011> |
| (3) | When the Council of Joint Chiefs of Staff deliberates on any matter concerning a particular operation unit, the Council may require the relevant operation commander to attend the meeting of the Council. <Newly Inserted by Act No. 10821, Jul. 14, 2011> |
| (4) | The Council of the Joint Chiefs of Staff shall be held regularly at least once a month, and matters necessary for managing the Council of the Joint Chiefs of Staff shall be prescribed by the Minister of National Defense. |
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
CHAPTER IV ARMY, NAVY AND AIR FORCE
| Article 14 (Establishment of Headquarters of Each Service of Armed Forces, etc.) |
| (1) | The Army Headquarters for the Army, the Naval Headquarters for the Navy, the Air Force Headquarters for the Air Force, and the commander of the Marine Corps for the Marine Corps Command shall be established, respectively. <Amended by Act No. 10821, Jul. 14, 2011> |
| (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, and one vice commander of the Marine Corps and necessary branches of staff shall be established at the Marine Corps Command in addition to the commander of the Marine Corps. <Amended by Act No. 10821, Jul. 14, 2011> |
| (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 the vice commander of the Marine Corps shall assist the commander of the Marine Corps; and if the Chief of Staff of the pertinent service of the Armed Forces or the commander of the Marine Corps is unable to perform his/her duties due to any unavoidable reason, the Deputy Chief of Staff or the vice commander of the Marine Corps shall act on his/her behalf. <Amended by Act No. 10821, Jul. 14, 2011> |
| (4) | Deleted. <by Act No. 10821, Jul. 14, 2011> |
| (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 Presidential Decree. |
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
| Article 15 (Establishment of Units and Agencies for Each Service of Armed Forces) |
| (1) | Necessary units and agencies may be established under each service of the Armed Forces. |
| (2) | Matters necessary for establishing the units and agencies pursuant to paragraph (1) shall be determined by statutes or Presidential Decree: Provided, That the Minister of National Defense shall determine matters necessary for establishing the units and agencies not exceeding the unit prescribed by Presidential Decree, and the Minister of National Defense may delegate part of his/her power to the Chief of Staffs of each service of the Armed Forces, as prescribed by Presidential Decree. |
| (3) | Among the matters delegated to the Chief of Staffs of the Navy pursuant to the proviso to paragraph (2), matters concerning the Marine Corps may be re-delegated to the commander of the Marine Corps. <Newly Inserted by Act No. 10821, Jul. 14, 2011> |
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
| Article 16 (Civilian Employees of Armed Forces) |
| (1) | Civilian employees shall be installed at the Republic of Korea Armed Forces, in addition to soldiers. |
| (2) | Matters concerning qualifications, appointment and dismissal, rendition of services, and matters concerning personal status of civilian employees provided for in paragraph (1) shall be separately prescribed by Acts. |
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
| Article 17 (Withholding of Public Announcement) |
Orders to be enacted under this Act may not be announced publicly when it is deemed necessary for the purpose of keeping military secrets.
[This Article Wholly Amended by Act No. 10102, Mar. 17, 2010]
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.
ADDENDA <Act No. 3342, Dec. 31, 1980>
| (1) | (Enforcement Date) 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.
ADDENDUM <Act No. 5645, Jan. 21, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10102, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10821, Jul. 14, 2011>
This Act shall enter into force three months after the date of its promulgation.