ENFORCEMENT DECREE OF THE ACT ON THE MANAGEMENT OF MILITARY SUPPLIES
Wholly Amended by Presidential Decree No. 5059, jun. 16, 1970
Amended by Presidential Decree No. 7034, Jan. 4, 1974
Presidential Decree No. 10832, May 29, 1982
Presidential Decree No. 12505, Aug. 16, 1988
Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 14834, Dec. 22, 1995
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20675, Feb. 29, 2008
Presidential Decree No. 21751, Sep. 29, 2009
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 23202, Oct. 10, 2011
Presidential Decree No. 26044, Jan. 12, 2015
Presidential Decree No. 29950, Jul. 2, 2019
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 1-2 (Classification of Munitions) |
| 1. | Munitions pertaining to military secrets (including classified books, classified maps, and classified research materials) under the Military Secret Protection Act; |
| 3. | Combat equipment, combat support equipment, and auxiliary equipment necessary for their operations (including equipment to be loaded or mounted), repair parts and ammunitions under the attached Table. |
| (2) | "Conventional items" in Article 3 of the Act means munitions, other than war reserve items under paragraph (1) (hereinafter referred to as "war reserve items"). |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 2 (Management of War Reserve Items) |
No person, other than public officials authorized under Acts and subordinate statutes may prepare, handle or peruse documents detailing the lists, quantities, and statistical analysis of war reserve items: Provided, That the same shall not apply to a special audit conducted by the Government, or an audit conducted pursuant to an order issued by the Minister of National Defense, the Chiefs of Staff of the respective armed forces (referring to the Army, Navy, and Air Force; hereinafter the same shall apply), or the Commander of the Marine Corps. <Amended by Presidential Decree No. 23202, Oct. 10, 2011>
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 3 (Classification, etc. of Munitions) |
| (1) | The Minister of National Defense shall classify munitions according to their usages, functions, and properties or conditions prescribed by Ordinance of the Ministry of National Defense to efficiently manage the munitions. |
| (2) | The Minister of National Defense shall manage munitions by assigning a stock inventory number, identification number or identification codes, and publish the inventory data of munitions to efficiently manage the munitions. |
| (3) | Matters necessary for the publication of the inventory data of the munitions under paragraph (2) shall be prescribed by the Minister of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 3-2 (Standardization of Munitions) |
| (1) | The Minister of National Defense shall designate standardized items of major munitions, and establish standards thereon. |
| (2) | Matters necessary for the designation of standardized items and establishment of standards thereon under paragraph (1) shall be prescribed by the Minister of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
CHAPTER II MANAGING ORGANIZATIONS OF MUNITIONS
| Article 4 (Delegation, etc. of Munition Management Affairs) |
| (1) | When the heads of national defense agencies (hereinafter referred to as "national defense agencies"), the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps under Article 2 of the Act delegate to the public officials belonging thereto the affairs related to management of munitions, or have such officials conduct such affairs on their behalf, or take partial charge thereof under Articles 6 (2) and 7 of the Act, they shall report to the Minister of National Defense on the names, ranks, and titles of the public officials concerned, and the scope of affairs delegated, conducted on their behalf, or taken partial charge of, as prescribed by Ordinance of the Ministry of National Defense, and the Minister of National Defense shall notify the Board of Audit and Inspection thereof. In such cases, the Commander of the Marine Corps shall report to the Minister of National Defense via the Chief of Naval Operations. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
| (2) | When the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps delegate to the public officials belonging to other central government agencies affairs related to the management of munitions, or have such officials conduct such affairs on their behalf or take partial charge thereof under Articles 6 (2) and 7 of the Act, they shall do so after obtaining prior consent from the heads of such central government agencies, via the Minister of National Defense (The Commander of the Marine Corps shall do so via the Chief of Naval Operations before the Minister of National Defense), about the names, ranks, and titles of the public officials concerned, and the scope of affairs delegated, conducted on their behalf or taken partial charge of, as prescribed by Ordinance of the Ministry of National Defense, and the Minister of National Defense shall notify the Board of Audit and Inspection thereof. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
| (3) | When the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps delegate to the public officials belonging to other national defense agencies or armed forces the affairs concerning the management of the munitions, or have such officials conduct them on their behalf or take partial charge thereof under Articles 6 (2) and 7 of the Act, they shall do so after obtaining prior consent from the heads of such central national defense agencies or the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps about the names, ranks, and titles of the public officials concerned, and the scope of affairs delegated, conducted on their behalf or taken partial charge thereof, as prescribed by Ordinance of the Ministry of National Defense and make a report thereof to the Minister of National Defense, and the Minister of National Defense shall notify the Board of Audit and Inspection thereof. In such cases, the Commander of the Marine Corps shall report to the Minister of National Defense via the Chief of Naval Operations. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
| (4) | If the head of a national defense agency is the Minister of National Defense in cases under paragraph (3), a procedure for consent can be replaced by giving notice on matters prescribed in paragraph (3) to the head of the relevant national defense agency, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
| (5) | Where the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps intends to designate a specific position under Articles 9 (3) and 12 (3) of the Commodity Management Act to delegate to a person in the position the affairs concerning the management of munitions, or have such person act on their behalf, they shall undergo the procedures for consent, notification and notice pursuant to paragraphs (1) through (4) in relation to the position they intend to designate and the scope of affairs to be delegated, or conducted on their behalf or partially taken charge of. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 5 (Delegation of Affairs concerning Receipt and Disbursement, Custody or Use of Munitions) |
The commodities management officer under Article 6 (3) of the Act (hereinafter referred to as "commodities management officer") shall, when the officer intends to delegate the affairs concerning the receipt and disbursement, custody, and use of munitions under the officer's control to a public official belonging to a unit, armed force, or national defense agency to which the officer belongs, or a public official belonging to any other unit, armed force, or national defense agency to which the officer does not belong, or intends to have the public official act on or take partial charge of under Articles 10 (1), 11 (1), 12 (1) and (2) of the Commodity Management Act and Article 8 of the Act, do so as prescribed by Ordinance of the Ministry of National Defense. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 6 (Qualifications and Financial Guarantee of Commodities Management Officers) |
| (1) | Any of the following persons shall be eligible to become a commodities management officer, commodities accounting official and commodities operating officer, person taking partial charge thereof or agent (hereinafter referred to as "commodities management official"): |
| 1. | A commodities management officer (including a person taking partial charge thereof and the officer's agent) is a field grade officer, public official of Grade V or higher, public official in general service who belongs to the Senior Civil Service Corps, or civilian military employee; |
| 2. | A commodities accounting official and the commodities operating officer (including a person taking partial charge thereof and the officer's agent) is a field grade officer, warrant officer, and public official of Grade VII or higher, public official in general service who belongs to the Senior Civil Service Corps, or civilian military employee. |
| (2) | Notwithstanding paragraph (1), the relevant eligibility requirements shall be determined by the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps in respect of small units in which there is no eligible person falling under any subparagraph of paragraph (1). <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
| (3) | Matters concerning the financial guarantee of a commodities management official prescribed in paragraph (1) shall be prescribed by the Minister of National Defense following consultation with the Minister of Strategy and Finance. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
CHAPTER III MANAGEMENT OF MUNITIONS
SECTION 1 General Provisions
| Article 7 (Procurement Plans) |
The Minister of National Defense shall formulate procurement plans concerning the munitions that national defense agencies and the respective armed forces acquire and use in each fiscal year.
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 8 (Approval for Transfer of Management) |
| (1) | If a commodities management officer intends to transfer the management of the munitions under his/her control to any other commodities management officer or to take over the management of the munitions controlled by another commodities management officer under the main sentence of Article 10 (1) of the Act, the two parties shall agree thereon with each other, and the commodities management officer who intends to transfer the management shall obtain approval from the heads of the national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps belonging thereto for the terms of the agreement. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
| (2) | Where the transfer of management under paragraph (1) is made with a commodities management officer of any other central government agency, the Minister of National Defense shall consult with the head of the central government agency concerned. |
| (3) | The Commander of the Marine Corps shall obtain approval from the Minister of National Defense via the Chief of Naval Operations pursuant to Article 10 (2) of the Act. <Newly Inserted by Presidential Decree No. 23202, Oct. 10, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 9 (Munitions Requiring No Approval for Transfer of Management by Heads of National Defense Agencies, Chiefs of Staff of Respective Armed Forces, or Commander of Marine Corps) |
The munitions that require no approval for the transfer of management by the heads of the national defense agencies concerned, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps, under the proviso to Article 10 (1) of the Act, shall be any of the following: <Amended by Presidential Decree No. 23202, Oct. 10, 2011> | 1. | Munitions, the transfer of management of which is made on condition that they be returned within six months; |
| 2. | Munitions, the transfer of management of which is made between national defense agencies or the respective armed forces, or within a national defense agency or respective armed forces in accordance with the regulations, directions, or plans prescribed by the Minister of National Defense and the heads of the national defense agencies or Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps; |
| 3. | Munitions, the transfer of management of which is made between commodities management officers taking partial charge thereof who belong to the same commodities management officer, or between a commodities management officer and a commodities management officer taking partial charge thereof belonging to the commodities management officer. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 10 (Munitions Requiring No Approval for Transfer of Management by Minister of National Defense) |
Munitions that require no approval for the transfer of management by the Minister of National Defense under Article 10 (2) of the Act shall be those under Article 9 and any of the following munitions: | 1. | Munitions, the transfer of management of which is made on condition that they be returned within one year; |
| 2. | Munitions, the transfer of management of which is made free of charge under Article 11; |
| 3. | Munitions, the transfer of management of which is made between national defense agencies or the respective armed forces and other central government agencies and which are designated by the Minister of National Defense under agreement with the heads of the central government agencies concerned; |
| 4. | Other munitions designated by the Minister of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 11 (Cases where Transfer of Management Not Made at a Price) |
Cases where a transfer of management is not for value for reciprocal accounting in accordance with Article 22 (2) of the Commodity Management Act, shall be regarded as falling into any of the following subparagraphs: <Amended by Presidential Decree No. 29950, Jul. 2, 2019> | 1. | Where the transfer of management is made for munitions under subparagraph 1 of Article 9 and subparagraph 1 of Article 10; |
| 2. | Where a test, research, an investigation or inspection necessary for conducting affairs related to national defense or national affairs or projects is entrusted to any other agency or armed forces, and the entrusted agency or armed forces makes the transfer of management for munitions necessary for conducting relevant entrusted affairs; |
| 3. | Where the transfer of management is made for munitions which are drawings and records necessary for conducting affairs related to national defense or national affairs or projects and which are not for sale or prescribed to be distributed free of charge under any Act or subordinate statute; |
| 4. | Where the Minister of National Defense decides to make the transfer of management free of charge through consultation with the Administrator of the Public Procurement Service. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 12 (Consideration where Transfer of Management Made at a Price) |
The consideration when settling the transfer of management at a price under Article 22 (2) of the Commodity Management Act shall be based on book value: Provided, That where it is difficult to make settlement based on the book values, the settlement may be made at the market prices. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 12-2 (Inventory Management) |
| (1) | The heads of national defense agencies or the Chiefs of Staff of the respective armed forces may, with respect to major munitions necessary for continued execution of the missions of the units and agencies under their jurisdiction, decide and manage the standard of supply to maintain in advance their expected demands as inventories, as prescribed by Ordinance of the Ministry of National Defense. |
| (2) | The Chiefs of Staff of the respective armed forces shall, in order to measure the supply supporting capabilities and result of support of the respective armed forces, conduct supply management analysis, as prescribed by Ordinance of the Ministry of National Defense. |
| (3) | Detailed matters necessary for setting and managing the standard of supply and a supply management analysis under paragraphs (1) and (2) shall be prescribed by the heads of national defenses agencies or the Chiefs of Staff of the respective armed forces. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 12-3 (Maintenance, etc. of Munitions) |
| (1) | The heads of national defense agencies and the Chiefs of Staff of the respective armed forces shall establish a maintenance plan of major munitions under their control by phase of maintenance, and conduct an efficient maintenance. |
| (2) | The Chiefs of Staff of the respective armed forces may, with respect to major combat equipment among the major munitions stipulated in paragraph (1), secure and operate combat equipment substituting the said combat equipment (hereinafter referred to as "maintenance float") during their maintenance period. |
| (3) | Matters necessary for the maintenance phases of munitions, and the acquisition and operation of the maintenance float pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of National Defense. |
| (4) | The heads of national defense agencies or the Chiefs of Staff of the respective armed forces may require relevant companies, etc. to take the partial or overall charge of military support, such as the maintenance of munitions, etc. by indicating performance indices, including the target operating rate, etc. of the major munitions and pay the consideration differentially based on the performance thereof. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 12-4 (Management of Munitions Used in Common) |
Matters necessary for the management of the munitions that are possessed and used in common by no less than two armed forces shall be determined by the Minister of National Defense.
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
SECTION 2 Acquisition and Use
| Article 13 (Procurement Requests for Acquisition) |
| (1) | The commodities management officer shall, where the officer requests for procurement necessary for the acquisition of munitions under Article 28 (1) of the Commodity Management Act, specify the inventory numbers, names of items, specifications, units, quantities and the timing required of the munitions they intend to acquire. |
| (2) | In requesting for procurement under paragraph (1), the samples of the relevant items may substitute for specifications. |
| (3) | When a contracting official, in receipt of a request under paragraph (1), is unable to take a necessary measure for the procurement of the munitions requested due to a budget or other extraordinary circumstances, the public official shall notify the commodities management officer of the fact. |
| (4) | If a commodities management officer holds a concurrent post as a contracting official, requests and notifications as stipulated under paragraphs (1) and (3) may be omitted. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 14 (Acquisition by Means other than Procurement) |
The commodities management officer may, in addition to the acquisition of munitions by procurement requests under Article 13 (1), acquire munitions in the manner prescribed by Ordinance of the Ministry of National Defense. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 15 Deleted. <by Presidential Decree No. 21751, Sep. 29, 2009> |
| Article 16 (Requests and Receipts and Disbursements of Munitions) |
| (1) | Where a commodities management officer intends to allow the receipt and disbursement of munitions under Article 12 of the Act, the officer shall order their receipt and disbursement in accordance with the procedures of receipt and disbursement determined by the heads of national defense agencies or the Chiefs of Staff of the respective armed forces and at the request of the units or agencies which will use the munitions: Provided, That the officer may, with respect to the munitions designated by the heads of national defense agencies or the Chiefs of Staff of the respective armed forces, order their receipt and disbursement according to the planned quantities and standards determined by the superior units or agencies to the units or agencies which will use the munitions, without request. |
| (2) | Matters necessary for the requests and receipts and disbursements of munitions under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 17 (Specifying User of Munitions) |
| (1) | A commodities operating officer (referring to a commodities management officer if no commodities operating officer is assigned) shall, where the officer allows the public officials under his/her control to use munitions, specify the public officials who use the munitions (hereinafter referred to as "officials using commodities"): Provided, That munitions prescribed by Ordinance of the Ministry of National Defense shall be excluded therefrom. |
| (2) | The public officials using commodities specified under paragraph (1) shall always appropriately protect and maintain the munitions they use, as prescribed by the Minister of National Defense and the heads of national defense agencies or the Chiefs of Staff of the respective armed forces. |
| (3) | The commodities management officer or commodities operating officer shall inspect the maintenance condition of the munitions that the public officials under his/her control use, and those managed by the commodities management officer or commodities operating officer, as prescribed by the Minister of National Defense and the heads of national defense agencies or the Chiefs of Staff of the respective armed forces. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 18 (Requests for Storage Measures) |
| (1) | A commodities management officer shall, where the officer intends to store munitions at the facilities of those, other than the State, pursuant to the proviso to Article 30 of the Commodity Management Act, request measures necessary for the storage thereof to contracting officials stating the following matters: |
| 1. | Inventory numbers, names of items, units and quantities, and classification of the confidentiality of the munitions which need to be stored; |
| 3. | Place and facilities of storage; |
| 4. | Conditions incidental to storage; |
| 5. | Fact of obtaining the approval of the Minister of National Defense, in cases of war reserve items. |
| (2) | If the munitions a commodities management officer intends to request for a measure for storage at the facilities of those, other than the State pursuant to paragraph (1), are war reserve items, the officer shall obtain prior approval of the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense: Provided, That cases where the commodities management officer leases the facilities used for storage shall be excluded. |
| (3) | Article 13 (3) and (4) shall be applied mutatis mutandis to a request under paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 19 (Order for Receipt and Disbursement) |
A commodities management officer shall, where the officer intends to order the receipt and disbursement of munitions under Article 12 (1) of the Act, specify the following matters: | 1. | Inventory numbers, names of items, specifications, units and quantities of the munitions to be received and disbursed; |
| 2. | Timing of receipts and disbursements; |
| 3. | A persons who shall accept munitions to be received and disbursed from a commodities accounting official (including a commodities accounting official taking partial charge thereof; hereinafter the same shall apply), or person who shall deliver them to a commodities accounting official. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 20 (Receipt and Disbursement) |
A commodities accounting official shall, where the official receives and disburses munitions according to an order for receipt and disbursement under Article 19, do so in compliance with the terms of the order for receipt and disbursement. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 21 (Report on Storage Status) |
A commodities accounting official shall, where the official reports the status of the munitions stored at the facilities of those, other than the State, pursuant to the proviso to Article 30 of the Commodity Management Act, comply with the conditions prescribed by Ordinance of the Ministry of National Defense, and state their current quantities and storage status. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 22 (Requests for Measures for Repair or Remodeling) |
| 1. | Name of items and quantities of munitions requiring repair or remodeling; |
| 2. | Timing for repair or remodeling; |
| 3. | Details of repair or remodeling; |
| 4. | Conditions incidental to repair or remodeling. |
| (2) | Article 13 (3) and (4) shall be applied mutatis mutandis to a request under paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 23 (Munitions that Commodities Management Officer may Determine to be Unserviceable) |
Munitions that a commodities management officer may decide to disuse pursuant to the proviso to Article 13 (1) of the Act with the exception of its subparagraphs, shall be those that do not fall under any of the following: <Amended by Presidential Decree No. 23202, Oct. 10, 2011> | 1. | Munitions designated by the Minister of National Defense among war reserve munitions; |
| 2. | Important conventional items under Article 48 (1); |
| 3. | Other munitions designated by the Minister of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 24 (Application for Approval for Decisions on Disuse) |
| (1) | Where the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps, other than the Minister of National Defense intend to decide to disuse any of the following munitions pursuant to Article 13 (1) of the Act, they shall obtain prior approval from the Minister of National Defense under Article 13 (2) of the Act. In such cases, the Commander of the Marine Corps shall obtain approval from the Minister of National Defense via the Chief of Naval Operations: <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
| 1. | War reserve munitions designated by the Minister of National Defense; |
| 2. | Munitions designated by the Minister of National Defense, being important conventional items under Article 48 (1). |
| (2) | In order to obtain the approval from the Minister of National Defense on a decision on disuse under paragraph (1), the following matters shall be clarified in respect of the munitions, the decision on disuse of which is to be rendered: <Amended by Presidential Decree No. 29950, Jul. 2, 2019> |
| 1. | Types, kinds of items, quantities, and prices; |
| 2. | Date of acquisition and the current condition; |
| 3. | Grounds of decision not to use; |
| 4. | Whether they can be used for different purposes; |
| 5. | Plans for disposition; |
| 6. | Other matters prescribed by the Minister of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 25 (Standards for Decisions on Disuse and Disposition for Scrapping) |
The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers shall comply with the standards prescribed by the Minister of National Defense when they either make a decision on disuse under Article 13 (1) of the Act, or grant a disposition for scrapping under Article 13 (3) of the Act. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 25-2 (Entrustment of Management and Operation of Ammunition Demilitarization Facilities) |
| (2) | A person who intends to be entrusted with the management and operation of ammunitions demilitarization facilities under paragraph (1) shall submit the following documents, etc. to the Minister of National Defense: |
| 2. | A written plan for disposing of scrapped ammunitions; |
| 3. | A statement of the estimation of expenses accruing from the management and operation of ammunitions demilitarization facilities; |
| 4. | A written plan for the implementation of matters to comply with obligations prescribed by the Acts and subordinate statutes related to the environment; |
| 5. | Other documents prescribed by the Minister of National Defense. |
| (3) | The Minister of National Defense may conduct regular or temporary safety inspections over a business entity which has been entrusted with the management and operation of ammunitions demilitarization facilities under paragraph (1) in compliance with the standard for demilitarization of ammunitions under Article 13-2 (2) of the Act, and may, if deemed necessary for the correction or supplementation thereof based on the results of an inspection, require the relevant business entity to take a corrective or supplementary measure. |
| (4) | Upon a request to correct or supplement pursuant to paragraph (3), the relevant business entity shall take necessary measures and report the outcomes thereof to the Minister of National Defense. |
| (5) | Necessary measures concerning the detailed criteria, procedures, etc. for the entrustment of management and operation of ammunitions demilitarization facilities shall be determined and publicly announced by the Minister of National Defense. |
[This Article Newly Inserted by Presidential Decree No. 23202, Oct. 10, 2011]
| Article 25-3 (Cases where Scrapping of Ammunitions at Ammunitions Demilitarization Facilities is Inappropriate) |
"Cases prescribed by Presidential Decree" in the proviso to Article 13-2 (5) of the Act means any of the following cases: <Amended by Presidential Decree No. 23202, Oct. 10, 2011> | 1. | Where ammunitions might explode if relocated from the current location; |
| 2. | Where the detonator cannot be separated from the frames of ammunitions; |
| 3. | Where the performance of the anti-explosive devices of ammunitions is not verifiable; |
| 4. | Where the safety of ammunitions cannot be confirmed as the ammunitions are severely deformed or the marking thereon are unidentifiable; |
| 5. | Where it is impossible to scrap ammunitions at the ammunition demilitarization facilities with the currently available technologies; |
| 6. | Other cases prescribed by the Minister of National Defense where the scrapping of ammunitions at the ammunition demilitarization facilities is inappropriate. |
[This Article Newly Inserted by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 26 (Requests for Measures for Lease or Transfer) |
| (1) | The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers shall, where they intend to lease or transfer munitions at a cost pursuant to Articles 14 (1) and 15 of the Act, request for necessary measures to a contracting official, stating the following matters regarding the munitions they intend to lease or transfer: <Amended by Presidential Decree No. 23202, Oct. 10, 2011; Presidential Decree No. 29950, Jul. 2, 2019> |
| 1. | Types, names of items, specifications, quantities, and values; |
| 2. | Classification as lease or transfer; |
| 3. | Timing of lease or transfer, and period of lease; |
| 4. | Conditions incidental to lease or transfer; |
| 5. | A person to whom munitions are to be leased or transferred. |
| (2) | The provisions of Article 13 (3) and (4) shall apply mutatis mutandis to a request under paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 27 (Application for Approval of Lease or Transfer) |
| (1) | The heads of national defense agencies other than the Minister of National Defense, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or a commodities management officer, shall, when they intend to obtain approval from the Minister of National Defense on the lease or transfer of munitions under Articles 14 (2) and 15 of the Act, specify the following matters regarding the munitions they intend to lease or transfer: <Amended by Presidential Decree No. 23202, Oct. 10, 2011; Presidential Decree No. 29950, Jul. 2, 2019> |
| 1. | Classifications, names of items, specifications, quantities, and values; |
| 2. | Classification as lease or transfer; |
| 3. | Classification as free of charge or at a price; |
| 4. | Reasons for lease or transfer; |
| 5. | Timing of lease or transfer and period of lease; |
| 6. | Conditions incidental to lease or transfer; |
| 7. | A person to whom munitions are to be leased or transferred. |
| (2) | Where the Commander of the Marine Corps intends to obtain approval from the Minister of National Defense under paragraph (1), he/she shall do so via the Chief of Naval Operations. <Newly Inserted by Presidential Decree No. 23202, Oct. 10, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 28 (Cases of Free-of-Charge Lease) |
Cases where munitions may be leased free of charge to persons shall be any of the following cases: <Amended by Presidential Decree No. 26044, Jan. 12, 2015>
| 1. | Where an agreement is made to lease munitions free of charge under a contract for the manufacture, repair, and other construction of munitions under Article 14 (1) of the Act; |
| 2. | Where training for reserve soldiers or military training for other persons are conducted: Provided, That this shall be limited to guns and fire arms, ammunitions, military equipment, bedding, clothing, and machinery and parts for training; |
| 3. | Where it is necessary for the Korea Veterans Association, the Korea Disabled Veterans Association, the Korea War Dead Soldiers and Policemen Bereaved Family Association, or the Korea War Dead Soldiers and Policemen Widows Association to create welfare programs for its members: Provided, That this shall be limited to military equipment; |
| 4. | Where it is necessary for the operation of a store and other welfare facilities within barracks: Provided, That this shall be limited to machinery and parts and instruments necessary for such facilities; |
| 5. | Where it is necessary for the propagation and distribution of State policies and national defense ideologies: Provided, That this shall be limited to printed matter, photographs, radio, loudspeakers, movie projectors, guns and fire arms, and military equipment; |
| 6. | Where a lease of munitions is necessary for education, experiment, or research for the development of military; |
| 7. | Where it is necessary for the restoration of disasters or emergency relief projects for victims: Provided, That this shall be limited to bedding, clothing, food, machinery, instruments, and military equipment; |
| 8. | Where it is necessary for the creation of an industrial base or quarantine projects in accordance with the policies of the State or a local government, and other projects to enhance the public interests: Provided, That this shall be limited to military equipment and medicines; |
| 9. | Where a lease of ammunition is necessary for a trial run of military equipment before exporting; |
| 10. | Where a lease of ammunition is necessary for enhancing the export of ammunition in accordance with the policies of the State. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 29 (Cases Where Munitions are Allowed to be Transferred Free of Charge) |
Cases where munitions can be transferred free of charge to persons, other than the State, under Article 15 of the Act shall be limited to any of the following: | 1. | Where war dogs or war horses upon whom a decision on disusing is made as unusable munitions under Article 13 (1) 3 of the Act are transferred; |
| 2. | Cases falling under subparagraph 2 and 4 through 6 of Article 28; |
| 3. | Where medicines necessary for the prevention of infectious diseases are transferred. |
[This Article Wholly Amended by Presidential Decree No. 26044, Jan. 12, 2015]
| Article 30 (Cases Requiring Approval of Minister of National Defense for Lease or Transfer) |
In any of the following cases where munitions are leased or transferred under Articles 14 (2) and 15 of the Act, the approval of the Minister of National Defense shall be obtained: | 1. | Where munitions are leased or transferred to a foreign government; |
| 2. | Where it is necessary to consult with the head of the relevant administrative agency or local government about the use of profits, reduction or exemption of taxes, etc. in respect of the lease or transfer; |
| 3. | Where munitions prescribed by the Minister of National Defense are leased or transferred. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 31 (Procedures of Lease and Transfer) |
Matters necessary for the lease or transfer of munitions under Articles 28 and 29 shall be prescribed by Ordinance of the Ministry of National Defense. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 32 (Procedures of Approval, etc. Necessary for Exchanges) |
| (1) | The heads of national defense agencies other than the Minister of National Defense, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps, shall, where they intend to exchange munitions under their control with commodities owned by persons, other than the State pursuant to the proviso to Article 16 of the Act, specify each of the following matters regarding the munitions they intend to exchange and obtain the approval from the Minister of National Defense. In such cases, the Commander of the Marine Corps shall obtain approval from the Minister of National Defense via the Chief of Naval Operations: <Amended by Presidential Decree No. 23202, Oct. 10, 2011; Presidential Decree No. 29950, Jul. 2, 2019> |
| 1. | Types, names of items, performance, specifications, quantities, and values; |
| 2. | Itemization of values under subparagraph 1; |
| 4. | Types, names of items, performance, specifications, quantities, and values of the commodities to be acquired by exchange; |
| 5. | Specification of values under subparagraph 4; |
| 6. | Use of the commodities to be acquired by exchange; |
| 7. | Address and name of the other party of the exchange; |
| 8. | Use of the munitions to be exchanged for the other party of the exchange. |
| (2) | Where the Minister of National Defense intends to grant approval under paragraph (1), he/she shall consult in advance with the Minister of Strategy and Finance. |
| (3) | Where munitions are exchanged for the commodities owned by persons, other than the State, pursuant to paragraphs (1) and (2), the Minister of National Defense shall notify the Board of Audit and Inspection of such fact without delay. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
SECTION 5 Inventory Inspection and Adjustment
| Article 33 (Inventory Inspections) |
The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers shall, where they intend to conduct an inventory inspection under Article 17 of the Act, formulate and implement a detailed plan necessary for the inventory inspection, as prescribed by Ordinance of the Ministry of National Defense. In such cases, in the case of implementing the inventory inspection for national defense agencies and all armed forces, they shall comply with the guidelines determined by the Minister of National Defense concerning the timing of invention inspections, items subject to inspection, standard for inspection, and so forth. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 34 (Cycle of Inventory Inspections) |
| (1) | A regular inventory inspection under Article 33 shall be conducted on one or more occasions each year: Provided, That a regular inventory inspection on munitions designated by the Minister of National Defense may be conducted on one or more occasions within the duration of not less than one year, but not more than three years. |
| (2) | The heads of national defense agencies, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers may, where deemed necessary, occasionally conduct inventory inspections on the munitions under their management, in addition to the regular inventory inspection stipulated in paragraph (1). <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 35 (Procedures for Inventory Adjustment) |
| (1) | When the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers discover an increase or decrease in munitions as a result of conducting an inventory inspection on the munitions under their management pursuant to Articles 33 and 34, they shall enter the details of increase or decrease in related books, adjust present quantities and values, and clarify the reasons for such increase or decrease. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
| (2) | Where a ground making it impossible to adjust inventories under paragraph (1) exists, or where the actual amount of munitions is considerably different from the entry thereof in the book due to any increase or decrease discovered as a result of an inventory inspection and such increase or decrease is deemed attributable to a relevant accounting official, the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or a commodities management officer shall make no adjustment referred to in paragraph (1), and dispose of them as damaged or lost articles. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 36 (Limits to Inventory Adjustment) |
An inventory adjustment by the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers under Article 35 may be conducted only in cases where any increase or decrease has occurred between the items of the same kind. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 37 (Follow-Up Reports on Inventory Adjustment) |
| (1) | When the heads of national defense agencies other than the Minister of National Defense, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers, make a follow-up report on the inventory adjustment to the Minister of National Defense under Article 19 of the Act, they shall submit, to the Minister of National Defense, a report on the inventory adjustment stating the following matters with a comprehensive assessment on the inventory adjustment of munitions and other documents prescribed by Ordinance of the Ministry of National Defense. In such cases, the Commander of the Marine Corps shall submit them to the Minister of National Defense via the Chief of Naval Operations: <Amended by Presidential Decree No. 23202, Oct. 10, 2011; Presidential Decree No. 29950, Jul. 2, 2019> |
| 1. | Types of items subject to an inventory inspection; |
| 2. | Book balances and their values by each type as of the date of the inventory inspection; |
| 3. | Increases or decreases and their values by type discovered as a result of an inventory inspection; |
| 4. | Present quantities and their values by type after an inventory adjustment; |
| 5. | Accuracy of an inventory management (comparison of the total amount by type with the amount of increases or decreases). |
| (2) | Where a commodities management officer makes a follow-up report on the inventory adjustment to the Minister of National Defense pursuant to paragraph (1), the officer shall do so via the head of the national defense agency (excluding the Minister of National Defense) to which the officer belongs, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps. <Newly Inserted by Presidential Decree No. 23202, Oct. 10, 2011> |
| (3) | The heads of national defense agencies other than the Minister of National Defense, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers, shall, where there are any increase or decrease in the number of items (hereinafter referred to as "debtor and creditor items") exceeding the limits prescribed by the Minister of National Defense, append the detailed statement of debtor and creditor items to the report on the inventory adjustment under paragraph (1), as prescribed by Ordinance of the Ministry of National Defense. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 38 (Other Methods of Inventory Inspections) |
In addition to matters prescribed in Articles 33 through 35, necessary matters concerning the methods, procedures, etc. of an inventory inspection and adjustment shall be prescribed by Ordinance of the Ministry of National Defense. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
SECTION 6 Natural Wear and Tear
| Article 39 (Munitions that may be Disposed of as Natural Wear and Tear and Rate of Natural Wear and Tear) |
| (1) | Munitions that may be disposed of as natural wear and tear as stipulated in Article 22 (1) of the Act shall be those falling under any of the following subparagraphs: |
| (2) | The rates of natural wear and tear by kind of item and condition of munitions under paragraph (1) shall be prescribed by the Minister of National Defense. |
| (3) | Matters necessary for disposition, etc. caused by natural wear and tear, etc. under paragraphs (1) and (2) shall be prescribed by the Minister of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 40 (Report on Natural Wear and Tear below Rate of Wear and Tear) |
| (1) | A commodities management officer shall, where the munitions under Article 39 (1) which are under the officer's control become naturally worn or torn and the rate of wear and tear is below the rate of natural wear and tear determined under Article 39 (2), enter the matters on wear and tear in the related books, as prescribed by Ordinance of the Ministry of National Defense, and report them to the head of the national defense agency or the Chief of Staff of the respective armed forces the officer belongs to. |
| (2) | Upon receipt of the report under paragraph (1), the heads of national defense agencies or the Chiefs of Staff of the respective armed forces, other than the Minister of National Defense, shall compile reported matter on a quarterly basis and report it to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 41 (Report on Natural Wear and Tear above Rate of Wear and Tear) |
| (1) | A commodities management officer shall, where the munitions pursuant Article 39 (1) which are under the officer's control become naturally worn or torn and the rate of wear and tear is above the rate of natural wear and tear determined under Article 39 (2), enter the matters on wear and tear in the related books, as prescribed by Ordinance of the Ministry of National Defense, and report, to the head of the national defense agency or the Chief of Staff of the respective armed forces to which the officer belongs, the kinds, name of items, rate of natural wear and tear determined under Article 39 (2), degree of wear and tear occurred, degree of decrease wear and tear, causes of the wear and tear exceeded, and measures to prevent the occurrence of wear and tear exceeded. |
| (2) | Article 40 (2) shall be applied mutatis mutandis to cases where the heads of national defense agencies or the Chiefs of Staff of the respective armed forces, other than the Minister of National Defense, receives a report under paragraph (1). |
| (3) | The Minister of National Defense shall, in receipt of a report under paragraph (2), notify the Board of Audit and Inspection of necessary opinions and matters handled. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
SECTION 7 Dispositions of Damage and Loss
| Article 42 (Recording, Report, etc. of Damage and Loss) |
| (1) | A commodities accounting official or a commodities operating officer shall, where the official or officer has lost or damaged the munitions that are under their custody or are being used in accordance with the purpose and use of the national affairs, report the facts without delay to a commodities management officer. |
| (2) | A contracting official shall, where they have leased or had munitions supplied by the Government according to a contract concerning the manufacture, repair and other construction of munitions under Article 14 (1) of the Act or Article 44 of the Commodity Management Act and have damaged or lost such munitions, without delay report the facts to a commodities management officer. |
| (3) | A commodities management officer in receipt of a report or notification under paragraph (1) or (2) shall confirm the details thereof and then enter the facts of damage and loss in the related books and adjust the present quantities and amounts. |
| (4) | A commodities management officer shall report any of the following cases to the head of the national defense agency or the Chief of Staff of the respective armed forces the officer belongs to, as prescribed by Ordinance of the Ministry of National Defense: |
| 1. | Where it is discovered that the commodities management officer has damaged or lost munitions that the officer manages or delegates with their management; |
| 2. | Where a commodities managing official conducts the management activities of munitions, in violation of Acts and subordinate statutes; |
| 3. | Where a commodities managing official admits that his/her failure to conduct the management activities of munitions under Acts and subordinate statutes has inflicted a loss on the State. |
| (5) | Whenever the heads of national defense agencies or the Chiefs of Staff of the respective armed forces, other than the Minister of National Defense, receive a report under paragraph (4), they shall report it to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
| (6) | Article 13 (4) shall be applied mutatis mutandis to a notification under paragraph (2). |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 43 (Notification of Damage and Loss) |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 44 (Measures of Guarantee against Risks of Damage and Loss of Government-Supplied Munitions) |
A contracting official shall specify contract terms and conditions which require a contract partner to take any of the following risk-guarantee measures for government-supplied munitions under Article 24 of the Act: | 1. | Subscription to insurances; |
| 2. | Joint and several guaranty by not less than two persons deemed to have substantial solvency; |
| 3. | Other measures of guarantee prescribed by the Minister of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 45 (Return Rates, etc. of Government-Supplied Munitions) |
The kind of items, specifications, and return rates (the rates of actual use excluding loss) of government-supplied munitions, the wear and tear of which is reasonably acceptable under Article 25 of the Act shall be determined by the Minister of National Defense following consultation with the Minister of Economy and Finance. <Amended by Presidential Decree No. 29950, Jul. 2, 2019> [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 46 (Notification on Return Rate, etc.) |
The Minister of National Defense shall, where the Minister has decided the kind of items, specifications, and return rates of government-supplied munitions, the wear and tear of which is reasonably acceptable under Article 45, notify them to the Board of Audit and Inspection. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
CHAPTER IV RESPONSIBILITIES
| Article 47 (Requests for Judgment) |
| (1) | A commodities managing official ordered to make compensation by the heads of national defense agencies or the Chiefs of Staff of the respective armed forces under Article 6 (1) of the Act on Liability of Accounting Personnel, etc. may, if a ground for being exempted from their responsibilities exists, send the document clearing stating the ground thereof with evidential documents attached thereto, to the Board of Audit and Inspection through the Minister of National Defense, via the head of the national defense agency (excluding the Minister of National Defense) or the Chiefs of Staff of the respective armed forces the official belongs to, and request for judgment. |
| (2) | The Minister of National Defense or other heads of national defense agencies or the Chiefs of Staff of the respective armed forces shall not defer the reimbursements ordered, even where commodity management officials have requested decisions on the part of the Board of Audit and Inspection under paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 48 (Preparation, etc. of Commodities Management and Operation Reports) |
| (1) | Important conventional items under Article 31 of the Act shall be the important machines and instruments designated by the Minister of National Defense, following consultation with the Minister of Strategy and Finance. |
| (2) | The form and methods of preparation of commodities management and operation reports under Article 31 of the Act shall be prescribed by the Minister of National Defense, following consultation with the Administrator of the Supply Administration. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
CHAPTER V SUPPLEMENTARY PROVISIONS
SECTION 1 General Provisions
| Article 49 (Commodities to be Applied Mutatis Mutandis by Act) |
The provisions of the Act shall apply mutatis mutandis under Article 34 of the Act to the following commodities, other than munitions, which are stored by the national defense agencies or the respective armed forces: Provided, That Articles 10, 11, 13, 13-2, 14 through 19, 21, 22, 24 through 26, 29 and 31, and Articles 11, 32 through 34, 36 and 44 of the Commodity Management Act shall not be applicable mutatis mutandis: | 1. | Commodities deposited by persons, other than the State; |
| 2. | Commodities detained under Acts and subordinate statutes; |
| 3. | Commodities confiscated under Acts and subordinate statutes; |
| 4. | Other commodities designated by the Minister of National Defense. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 50 (Munitions to which Some Provisions of the Acts Shall Not Apply) |
| (1) | The provisions of Articles 6 (2) and (3), 7 through 13, 13-2, 16 through 19, 21 through 26, and 29 through 32 of the Act, and the provisions of Articles 9 (3), 10 through 12, 28, 32 through 34, 36 (2) and 44 of the Commodity Management Act shall not apply to the munitions acquired with government agency operating expenses under Article 24 of the Management of the National Funds Act pursuant to Article 35 (2) of the Act, and any of the following munitions: |
| 1. | Documents necessary for the execution of national affairs and projects; |
| 3. | Commodities that the State confiscates or are reverted to the State under Acts and subordinate statutes; |
| 4. | Commodities that are necessary for the execution of national affairs and projects and that are occupied and stored by national agencies under Acts and subordinate Statutes; |
| 6. | Special commodities, such as books, paintings and writings, works of art, animals, and plants. |
| (2) | Unless otherwise expressly provided for in other Acts and subordinate statutes, the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps shall manage the munitions stipulated in paragraph (1), as prescribed by the Minister of National Defense, taking account of the characteristics of the munitions. <Amended by Presidential Decree No. 23202, Oct. 10, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
SECTION 2 Inspection of War Reserve Items
| Article 51 (Submission of Inspection Reports of War Reserve Items) |
The Minister of National Defense shall, where he/she has inspected war reserve items under Article 35 (1) of the Act, submit an inspection report to the Board of Audit and Inspection. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 52 (War Reserve Items Inspection Committee) |
A War Reserve Items Inspection Committee (hereinafter referred to as "Inspection Committee") shall be established under the jurisdiction of the Minister of National Defense in order to deliberate upon matters concerning the inspection of war reserve items under Article 35 (1) of the Act, and a commodities managing official's responsibility for compensation for damage and loss of such war reserve items, in response to the inquiries of the Minister of National Defense. [This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 53 (Composition of Inspection Committee) |
| (1) | The Inspection Committee shall consist of not less than five members, including one chairperson. |
| (2) | The chairperson and members of the Inspection Committee shall be appointed by the Minister of National Defense, respectively from among public officials holding the position of the Assistant Minister of the Ministry of National Defense, and from among public officials of Grade III or IV, or colonel officers. |
| (3) | At least one of the members shall have expert knowledge about accounting or experience in engaging in duties related to accounting for no less than two years. |
| (4) | No public official who directly conducts inspections on war reserve items may be the members of the Inspection Committee, notwithstanding paragraphs (2) and (3). |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 54 (Duties of Chairperson) |
| (1) | The chairperson shall take overall charge over the affairs of the Committee and represent the Inspection Committee. |
| (2) | Where the chairperson is unable to perform his/her duties due to extraordinary circumstances, the member designated by the chairperson shall act on his/her behalf. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| (1) | The chairperson shall convene meetings of the Inspection Committee and preside thereof. |
| (2) | The chairperson shall convene meetings, when requested by the Minister of National Defense. |
| (3) | Meetings of the Inspection Committee shall be convened with the attendance of a majority of all incumbent members, and adopt resolutions by the affirmative vote of a majority of those present. |
| (4) | The chairperson or a member shall not participate in the deliberation of matters related to him/her or his/her cousins and closer relatives. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
The chairperson shall report without delay to the Minister of National Defense on the matters resolved at the Inspection Committee.
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 57 (Administrative Secretary) |
| (1) | The Inspection Committee shall have at least one administrative secretary. |
| (2) | The administrative secretary shall be appointed by the Minister of National Defense, from among public officials belonging to the Ministry of National Defense. |
| (3) | The administrative secretary shall handle official affairs of the Inspection Committee, as ordered by the chairperson. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 58 (Operational Regulations) |
Matters necessary for the operation of the Inspection Committee, in addition to matters prescribed in this Decree, shall be prescribed by the Minister of National Defense.
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 59 (Matters to be Deliberated by Inspection Committee) |
Any of the following matters shall be deliberated upon by the Inspection Committee:
| 1. | Matters related to the confirmation of reports on the settlement of accounts under Article 60 (2); |
| 2. | Matters related to the scope of inspections that the Minister of National Defense may require the Chiefs of Staff of the respective armed forces to conduct under Article 61 (1); |
| 3. | Matters related to the confirmation of inspection reports under Article 61 (2). |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 60 (Confirmation of Settlement of Accounts) |
| (1) | The heads of national defense agencies (referring to the commodities management officer in cases of the Ministry of National Defense) or the Chiefs of Staff of the respective armed forces shall submit a report on the settlement of accounts of the munitions they manage to the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense. |
| (2) | The Minister of National Defense shall confirm reports on the settlement of accounts under paragraph (1), based on the result of inspection. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 61 (Execution of Inspection) |
| (1) | The Minister of National Defense may require the Chiefs of Staff of the respective armed forces to conduct all or part of an inspection on the management of the munitions of the units under their jurisdiction. |
| (2) | The Chiefs of Staff of the respective armed forces shall, where they have conducted an inspection under paragraph (1), report without delay the result to the Minister of National Defense and obtain confirmation thereon from him/her. |
| (3) | The Minister of National Defense may, if deemed necessary in cases where the Minister has had an inspection conducted under paragraph (1), may require the units under the jurisdiction of the respective armed forces to submit related documents and may inspect them. |
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 62 (Time, etc. of Inspection on War Reserve Items) |
The timing and method of inspections on war reserve items and the composition of inspectors shall be determined by the Minister of National Defense.
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 63 (Order for Correction, etc.) |
The Minister of National Defense shall, if an illegality or unjustness is found after reviewing the result of inspections, order the heads of the relevant national defense agencies or the Chiefs of Staff of the respective armed forces to make corrections or pay attention to them.
[This Article Wholly Amended by Presidential Decree No. 21751, Sep. 29, 2009]
| Article 64 Deleted. <by Presidential Decree No. 21751, Sep. 29, 2009> |
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 7034, Jan. 4, 1974>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 10832, May 29, 1982>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 12505, Aug. 16, 1988>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 14834, Dec. 22, 1995>
This Decree shall enter into force on January 1, 1996.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20675, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21751, Sep. 29, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 2, 2009.
Article 2 (Transition Measures concerning Munitions Requiring Approval for Lease or Transfer)
Where an application for approval for the lease or transfer of munitions is filed with the Minister of National Defense under the former provisions of Article 30 as at the time this Decree enters into force, the former provisions shall be complied with, notwithstanding the amended provisions of Article 30. Article 3 (Transition Measures concerning Composition of Inspection Committee of War Reserve Items)
The chairperson, members, secretary general and secretaries appointed under the former provisions as at the time this Decree enters into force shall continuing performing his/her duties until a new chairperson, members and administrative secretary are appointed under the amended provisions of Articles 53 and 57.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 23202, Oct. 10, 2011>
This Decree shall enter into force on October 15, 2011.
ADDENDUM <Presidential Decree No. 26044, Jan. 12, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)