Article 13-2(Scrapping of ammunitions) #
(1) The Minister of National Defense shall decide whether to scrap ammunitions, taking account of the lifespan of ammunitions, results of performance evaluations, change of the weapon system, etc.
(2) The Minister of National Defense shall decide on the standard and places for demilitarizing (referring to a measure of either changing the original form or removing military marks, etc. through cutting, destruction, transformation, abrasion, etc. so that ammunitions cannot be used for originally intended military purposes; hereinafter the same shall apply) ammunitions to scrap ammunitions, taking account of characteristics, quantity, danger of explosion, possibility of environmental pollution, etc., depending on the type of ammunition.
(3) The Minister of National Defense shall install and operate facilities for demilitarization of ammunitions to scrap ammunitions in a safe and environmentally friendly manner.
(4) If the Minister of National Defense deems it necessary for efficient management or operation of the facilities for demilitarization of ammunitions established under paragraph (3), he or she may entrust such management or operation to the person who has the ability to do so, as prescribed by Presidential Decree. <Added on Jul. 14, 2011>
(5) The Minister of National Defense and the person entrusted with management or operation of the facilities for demilitarization of ammunitions pursuant to paragraph (4) shall scrap ammunitions in the facilities for demilitarization of ammunitions in accordance with the standards for demilitarization of ammunitions; provided, the Minister of National Defense and the aforementioned person may scrap ammunitions at places for demilitarization of ammunitions in cases prescribed by Presidential Decree as inappropriate to scrap the same in the facilities for demilitarization of ammunitions. <Amended on Jul. 14, 2011>
(6) Notwithstanding paragraph (5), the Minister of National Defense may scrap explosives, grenade, or propellants (hereinafter referred to as "explosives, etc." in this Article), from among the ammunitions he or she intends to scrap, by entrusting the scrapping affairs to a person who obtained permission for manufacture, etc. of military explosives pursuant to Article 53 of the Defense Acquisition Program Act. <Added on Jul. 14, 2011; Mar. 27, 2015>
(7) Where the Minister of National Defense entrusts scrapping of explosives, etc. pursuant to paragraph (6), the Minister shall separately determine the procedures for, methods of, and facility standard for, the entrusted treatment of explosives, etc. and the ammunition-safety-treatment standard, and the entrusted person who intends to scrap explosives, etc. shall operate his or her scrapping facilities in a manner satisfying the standard for demilitarization of ammunitions, and the ammunition-safety-treatment standard, which are separately determined by the Minister of National Defense and shall file a report on the results of such operation. <Added on Jul. 14, 2011; Mar. 27, 2015>
(8) The Minister of National Defense shall require the related soldiers, civilian military employees, or public officials to and supervise the scrapping affairs to be conducted by a waste treatment business operator pursuant to paragraph (6) until the affairs are completed, and shall take other measures necessary to prevent leakage of explosives, etc. <Added on Jul. 14, 2011; Mar. 27, 2015; Apr. 13, 2021>
(9) The Minister of National Defense shall conduct an environmental pollution analysis for places for demilitarization of ammunitions every three years; provided, the Minister of National Defense shall close places for demilitarization of ammunitions which are no longer used for the scrap of ammunitions, conduct an environmental pollution analysis, and decontaminate environmental pollution based on the results thereof. <Amended on Jul. 14, 2011>
[This Article Added on Apr. 1, 2009]