Article 1(Purpose) #
The purpose of this Act is to prescribe matters concerning the establishment, composition, organization, mobilization, etc. of reserve forces to defend the nation. <Amended on May 29, 2016>
[This Article Wholly Amended on Jan. 25, 2010]
Article 2(Duties) #
The duties of the reserve forces shall be as follows: <Amended on May 29, 2016>
1. Preparation for mobilization for the enlistment in military units on active duty or the execution of military operations in time of war, armed conflicts, or other similar national emergencies;
2. Extermination of enemies or persons who carry arms under instructions of any anti-State organization (hereinafter referred to as "armed communist militia") in an area where they infiltrate or are likely to infiltrate;
3. Suppression of an armed riot in an area where such a riot occurs or is likely to occur (limited to any cases in which the police force alone is unable to suppress or cope with such riot);
4. Guarding of major facilities, armories, lines of communications, etc. in an area under subparagraphs 2 and 3;
5. Support for civil defense activities and operations under the Framework Act on Civil Defense.
[This Article Wholly Amended on Jan. 25, 2010]
Article 3(Composition of reserve forces) #
(1) The reserve forces shall be comprised of personnel prescribed in any of the following subparagraphs under the Military Service Act and those selected among Korean nationals volunteering therefor; provided, in particularly necessary cases prescribed by Presidential Decree, including a state of national emergency, the reserve forces may be comprised of enlisted men in reserve or replacement service in whose case such period prescribed in subparagraph 2 or 3 has passed: <Amended on Mar. 22, 2013; Jun. 4, 2013; May 29, 2016>
1. Officers, warrant officers, or deputy officers in reserve service;
2. Enlisted men who are in reserve service from December 31 of the year in which the date eight years have elapsed since the day after they complete active service or full-time reserve service (including a person who is deemed to have completed active service);
3. Enlisted men in replacement service as of December 31 of the year including the date eight years have elapsed since the day after they complete service as social work personnel, international cooperation service personnel, art and sports personnel, public health doctors, doctors in exclusive charge of draft physical, international cooperation doctors, public-service advocates, public quarantine veterinarian (including any person who has completed compulsory service as public-service veterinarian), technical research personnel or skilled industrial personnel (including any person as enlisted for replacement service after completing active service or released from the call for social work personnel under article 63 (2) of the Military Service Act).
(2) Notwithstanding the main clause of paragraph (1), a person enlisted for replacement service after completing active service (including any person being in active service under articles 21 and 25 of the military service act) or released from the call for on-the-ship reserve service personnel or social work personnel under Article 65 (1) of that Act shall be excluded from the composition of the reserve forces; provided, this shall not apply if the reserve forces are comprised due to any ground prescribed in the proviso of paragraph (1). <Amended on Jun. 4, 2013; Nov. 26, 2019>
[This Article Wholly Amended on Jan. 25, 2010]
Article 3-2(Organization and dissolution of reserve forces) #
(1) The reserve forces shall be organized within a community or workplace reserve forces according to each residential place or each workplace of their members, and the head of a workplace which has human resources of the reserve forces exceeding a scale prescribed by Presidential Decree shall organize and operate workplace reserve forces.
(2) Criteria for the establishment and organization of the reserve forces, the district boundaries thereof, and other necessary matters shall be prescribed by Presidential Decree.
(3) Persons of whom the reserve forces are to be comprised shall be organized thereinto according to the following classifications: <Amended on Nov. 19, 2014; Jul. 26, 2017>
1. Persons of whom the reserve forces are to be comprised under Article 3 (1) 1 and 2: By the head of a regional office of military manpower having jurisdiction over their residential place (including the head of a branch office of military manpower; hereinafter referred to as "head of the competent regional office of military manpower") after the Commissioner of the Military Manpower Administration has been notified that they have completed military service in a troop or institution to which they belong by the Army, Navy or Air Force Chief of General Staff, the Minister of Justice, the Commissioner General of the Korean National Policy Agency, the Administrator of National Fire Agency, the Commissioner of the Korea Coast Guard;
2. Persons of whom the reserve forces are to be comprised under Article 3 (1) 3: By the head of the competent regional office of military manpower.
(4) Matters necessary for the organization of the reserve forces under paragraph (3) shall be prescribed by Presidential Decree.
(5) If a member of any community reserve forces moves the person's residential place, the person shall be organized into the relevant community reserve forces by the head of the competent regional office of military manpower having jurisdiction over the person's new residential place where the moving-in report is filed under Article 16 (1) of the Resident Registration Act.
(6) The head of any workplace where workplace reserve forces are organized shall, when employing persons to be enlisted in the reserve forces, enlist them in the said workplace reserve forces and notify the fact of such enlistment to the head of the competent regional office of military manpower having jurisdiction over its members.
(7) The head of any workplace where workplace reserve forces are organized shall, if members of the said workplace reserve forces are excluded from the organization thereof by reason that they retire from the workplace or transfer to other workplace, notify the fact of such exclusion to the head of the competent regional office of military manpower having jurisdiction over such members, who shall, in turn, enlist the members in the relevant community reserve forces.
Article 3-3(System for part-time reserve forces) #
(1) The Minister of National Defense may enforce the system for reserve forces (hereinafter referred to as "part-time reserve forces") who can be called in times of peace for a certain period.
(2) The Minister of National Defense shall select part-time reserve forces with the support of the officers, warrant officers, and deputy officers in reserve service, and persons corresponding to enlisted personnel.
(3) The fixed number of personnel of a part-time reserve force, the fields of call, the period of call, the selection, the suspension of call, compensation, etc. shall be prescribed by Presidential Decree.
[This Article Added on Dec. 7, 2021]
Article 4(Jurisdiction) #
The Minister of National Defense shall exercise overall control over business affairs concerning the reserve forces.
[This Article Wholly Amended on Jan. 25, 2010]
Article 5(Mobilization) #
(1) The Minister of National Defense may, if deemed necessary for the reserve forces to muster for the performance of their duties, issue a mobilization order to muster in a designated place within a time frame prescribed by Presidential Decree to the members of the said reserve forces; provided, the said order may be withheld with respect to the members of the National Assembly, persons who are traveling or staying overseas, sailors of a ship or pilots and crews of an aircraft plying between Korea and overseas countries, or other persons prescribed by Presidential Decree.
(2) If a person to whom a mobilization order is issued has any reason falling under any of the following subparagraphs, such mobilization may be postponed at the person's request; provided, the same shall not apply to any person who has intentionally caused such a reason:
1. Where the person is unable to comply with the said order on account of any disease, or mental or physical disability;
2. Where the person is under detention pursuant to Acts;
3. Where the person is unable to comply with the said order on account of the ceremonies of coming of age, marriage, funeral and ancestral worship, natural disasters, or other inevitable grounds.
(3) If a member of the reserve forces residing in an area where a mobilization order is issued under paragraph (1) moves the person's residential place to any other area, the person shall, in accordance with Presidential Decree, make report to a commander of the reserve forces to which the person belongs.
(4) Members of the reserve forces shall, if the person is mobilized under paragraph (1), obey a legitimate order by the commander (including the chief of a brigade, regiment, battalion, company, platoon or squad of the reserve forces).
(5) Where the Minister of National Defense has mobilized the reserve forces but the reason for mobilization ceases to exist, he or she shall release the mobilization without delay.
[This Article Wholly Amended on Jan. 25, 2010]
Article 6(Drill) #
(1) The Minister of National Defense may train the members of the reserve forces for a period of up to 20 days annually, as prescribed by Presidential Decree. In such cases, the members of the National Assembly and persons prescribed by Presidential Decree shall join the drill; provided, such drill shall not be conducted during a period of election of public officials for which a national directly votes pursuant to statutes. <Amended on Dec. 30, 2014>
(2) When members of the reserve forces are mustered for drill under paragraph (1), they shall obey a legitimate order by the commander (including a drillmaster who takes charge of the drill).
(3) Notwithstanding paragraph (1), the drill may be withheld with respect to a person traveling or staying in a foreign nation, crew of a ship coming from or going overseas, the pilot or crew of an aircraft, or other persons prescribed by Presidential Decree. <Amended on Dec. 30, 2014>
(4) Article 5 (2) shall apply mutatis mutandis to the suspension of drill for a person who receives the drill order. <Added on Dec. 30, 2014>
(5) Where the concentration of fine dust under subparagraph 1 of Article 2 of the Special Act on the Reduction and Management of Fine Dust is not less than the standards for issuing an air pollution alert under Article 8 of the Clean Air Conservation Act when drills for the reserve forces are conducted, the Minister of National Defense shall endeavor take necessary measures, such as conducting indoor drills or adjusting the time of drills. <Added on Nov. 26, 2019>
(6) The Minister of National Defense may request the head of a relevant central administrative agency to provide information on fine dust under paragraph (5). <Added on Nov. 26, 2019>
[This Article Wholly Amended on Jan. 25, 2010]
Article 6-2(Delivery of notice of call) #
(1) When a member of the reserve forces is to be trained, a notice of call shall be delivered, in advance, to the person in question, as prescribed by Presidential Decree; provided, in cases of any unexpected drill or inspection for mobilization, members of the reserve forces may be called up, without delivering a notice of call in any manner prescribed by Presidential Decree.
(2) Notwithstanding the main clause of paragraph (1), when no member of the reserve forces is available, a notice of call under paragraph (1) shall be delivered to the householder or an adult member of the same household, an employer of the person in question, or the recipient of the notice of call selected by him or her (hereinafter referred to as "householder, etc."). <Amended on Jan. 19, 2016; Dec. 13, 2022>
(3) Where a notice of call is delivered to the householder, etc. pursuant to paragraph (2) and the person to whom the notice of call is delivered is the recipient of the notice of call selected by the person in question, the person shall obtain the consent to receipt prior to the delivery of the notice of call. <Added on Dec. 13, 2022>
(4) The householder, etc. upon receipt of a notice of call under paragraph (2) shall without delay deliver the notice of call to the member of the reserve force directly or by means prescribed by Presidential Decree, such as text messages on mobile phone. <Added on Dec. 13, 2022>
(5) When a notice of call is delivered to the householder, etc. pursuant to paragraph (2), it shall be deemed delivered to the member of a reserve force. <Added on Dec. 13, 2022>
(6) A notice of call may be delivered by means of special service under postal service-related statutes or regulations by applying mutatis mutandis the provisions concerning service under the Civil Procedure Act (excluding article 189 of that act) in any case prescribed by the Minister of National Defense as deemed specifically necessary in delivering a notice of call under paragraph (1) or (2). <Amended on Dec. 13, 2022>
(7) If the person in question consents thereto, a notice of call under paragraph (1) may be delivered in electronic form under Article 2 (1) 5 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, as prescribed by Presidential Decree. <Amended on Dec. 13, 2022>
[This Article Wholly Amended on Jan. 25, 2010]
Article 6-3(Submission of application for withholding mobilization) #
(1) A person who intends to have the mobilization or drill withheld under the proviso of Article 5 (1) or Article 6 (3) shall submit an application for withholding to the company-commander of the reserve forces to which the person belongs.
(2) A person who has submitted an application for withholding under paragraph (1) shall, if the reason for withholding the mobilization ceases to exist due to dismissal or retirement from office of the applicant, the applicant's removal from the relevant register, etc., report the fact to the company-commander of the community reserve forces of the person's residence (The company-commander of the workplace reserve force when a person is working or will work for a workplace) within 14 days from the date when the reason for withholding the mobilization ceases to exist.
(3) Deleted. <Mar. 22, 2013>
[This Article Wholly Amended on Jan. 25, 2010]
Article 7(Armament) #
(1) Reserve forces may bear arms necessary to perform their duties.
(2) When the reserve forces are called, they may use arms to perform their duties under subparagraphs 2 through 4 of Article 2; provided, when they perform their duties under subparagraph 3 of Article 2 or their duties under subparagraph 4 of Article 2 in the area under subparagraph 3, they may use arms to the necessary minimum extent only if an armed riot cannot be suppressed or major facilities, etc. cannot be guarded without the use of arms.
(3) Matters concerning the maintenance and management of arms, ammunition, equipment, and other accessories for armament under paragraph (1) shall be performed by the commander of the military unit; provided, if necessary, the commander of the military unit may entrust the person's duties to the chief of the police station, as prescribed by Presidential Decree; and the chief of the police station may entrust the person's duties to the commander of the workplace reserve forces unit.
[This Article Wholly Amended on Jan. 25, 2010]
Article 7-2(Uniform) #
When the reserve forces are mobilized to perform their duties or are called for drill, they shall wear a uniform or insignia prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 25, 2010]
Article 8(Emergency measures and compensation) #
(1) The Minister of National Defense may, if deemed necessary for the performance of the reserve forces’ duties, take any of the following measures, as prescribed by Presidential Decree:
1. Evacuation or escape order for residents;
2. Orders for restricting traffic, lighting or access;
3. Removal of a resident's assets hindering the execution of duties.
(2) The reserve forces may check up a person entering an area where the operations are conducted, only if deemed necessary for their operations.
(3) The State shall provide reasonable compensation, as prescribed by Presidential Decree, for those who suffer property loss due to measures taken under paragraph (1).
[This Article Wholly Amended on Jan. 25, 2010]
Article 8-2(Compensation for disaster) #
(1) When a mobilized member of the reserve forces is wounded or killed (including death by injury) while performing duties or drills (including the cases of moving to the designated place in compliance with the mobilization or muster for the drill or returning home after released from the mobilization or termination of the drill), compensation for disaster shall be paid to him or her, and when the person cannot engage in the person's occupation because of medical treatment under Article 9 (2), compensation for the loss caused by the suspension of business shall be paid to him or her during the corresponding period; provided, if a person receives the same kind of compensation borne by the State or a local government pursuant to other statutes or regulations, the amount equivalent to the said compensation shall not be paid. <Amended on Dec. 15, 2015>
(2) Matters necessary for the amount and payment of compensation under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 25, 2010]
Article 9(Compensation and medical treatment) #
(1) A person who has been mobilized and wounded during the person’s execution of duties or military drills (including the cases of moving to the designated place in compliance with the mobilization order or muster for the drill or returning home after released from the mobilization or termination of the drill; hereafter in this article the same shall apply), the person's family, and survivors of the deceased (including death from injury) shall become entitled to compensation under the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran’s Compensation, as prescribed by Presidential Decree. <Amended on Sep. 15, 2011; Mar. 11, 2014; Dec. 15, 2015>
(2) When a member of the reserve forces is injured while performing his or her duties or receiving training, he or she may receive medical treatment at medical facilities of the State or a local government or private medical facilities, as prescribed by Presidential Decree. <Amended on Apr. 13, 2021>
(3) Expenses incurred in medical treatment under paragraph (2) shall be borne by the State. <Amended on Dec. 13, 2022>
[This Article Wholly Amended on Jan. 25, 2010]
Article 10(Job security) #
An employer shall not give disadvantage to his or her employee who is mobilized as a member of the reserve forces or who receives drills as a member of the reserve forces, by regarding the period of mobilization or drill as days absent from their duties, or on account of their mobilization or their drill.
[This Article Wholly Amended on Jan. 25, 2010]
Article 10-2(Attendance assurance to students mobilized for reserve forces or drill) #
No head or a teaching staff of a high school or higher educational institution may give disadvantage to students being mobilized or trained as a member of reserve forces, by regarding the period of mobilization or drill as days absent from their duties, or on account of their mobilization or their drill. <Amended on Mar. 18, 2025>
[This Article Added on Dec. 15, 2015]
Article 11(Payment of training expenses) #
The commander of the reserve forces and members of reserve forces mobilized or mustered for drill may be provided with meals and paid with training expenses and other expenses actually incurred, as prescribed by Presidential Decree. <Amended on Mar. 18, 2025>
[This Article Wholly Amended on Jan. 25, 2010]
[Title Amended on Mar. 18, 2025]
Article 12(Prohibition of political activities) #
(1) The commander of the reserve forces or the person in charge of educating or lecturing as an outside lecturer during the drill of the reserve forces shall not conduct any of the following acts to the members of the reserve forces under his or her command using his or her position: <Amended on May 22, 2013>
1. An act requiring to perform duties other than those prescribed in this Act;
2. An act interfering with the exercise of the right of the members of the reserve forces;
3. An act supporting or opposing a specific party or candidate.
(2) The reserve forces shall not participate in a political campaign as an organized body.
[This Article Wholly Amended on Jan. 25, 2010]
Article 13(Relationship to Military Service Act) #
A person who is mobilized under Article 5 shall not be subject to any service other than joining the military on active duty, the call for the mobilization of military manpower, and the call for work in wartime prescribed in the Military Service Act.
[This Article Wholly Amended on Jan. 25, 2010]
Article 14(Delegation and entrustment of authority) #
(1) The Minister of National Defense may, if deemed necessary, delegate all or part of the person's authority to the head of the military unit under the person's control, as prescribed by Presidential Decree. In such cases, the head of the military unit to whom the authority is delegated shall exercise the person's authority according to the chain of command determined by the military organization.
(2) The Minister of National Defense or the head of the military unit to whom the authority is delegated under paragraph (1) may, where necessary, entrust any of the following authority to the chief of a police station having jurisdiction over the relevant area, as prescribed by Presidential Decree:
1. Mobilization of the members of the reserve forces under Article 5 (1);
2. Command of the operations of the reserve forces mobilized under subparagraph 1 and measures under Article 8 (1) and (2) necessary for the operations.
(3) The chief of a police station may mobilize the reserve forces for the performance of the person's duties where the situation is so urgent, and thus the person has no time to wait for the Minister of National Defense or the commander of a military unit duly delegated to mobilize the reserve forces, even if the person is not entrusted under paragraph (2). In such cases, the chief of the police station shall report the fact without delay to the head of the military unit and obtain approval.
(4) In cases under paragraph (2), the Minister of National Defense or the head of the military unit to whom the authority was delegated shall command and supervise the chief of each police station concerning the matters delegated or entrusted.
(5) If the armed forces are mobilized for operation in the district where the reserve forces are mobilized, the chief of the police station to whom the authority was delegated under paragraph (2) shall obey the order of the commander of the relevant military unit.
[This Article Wholly Amended on Jan. 25, 2010]
Article 14-2(Duties of commander of reserve forces units and grounds for disqualification) #
(1) The commander of the reserve forces shall direct and command the members of the reserve forces mobilized or called according to the chain of command and shall perform duties, including the management of the members of reserve forces and equipment, participation in the investigation of resources under Article 10 (1) and (3) of the Act on Emergency Preparedness, and other duties prescribed by Ministerial Decree of the National Defense. <Amended on Jan. 4, 2022>
(2) Persons falling under any of the grounds for disqualification under the subparagraphs of Article 33 of the State Public Officials Act may not become a commander of reserve forces units.
[This Article Wholly Amended on Jan. 25, 2010]
Article 14-3(Responsibility for supporting and fostering reserve forces) #
(1) The head of each State agency, the head of each local government, and the head of each workplace where the workplace reserve forces are organized shall foster and support the reserve forces organized under the person's jurisdiction or in the relevant workplace.
(2) A defense council shall be established and operated in each administrative district and each workplace to nurture and support the reserve forces, and matters necessary for the detailed scope and operation thereof shall be prescribed by Presidential Decree.
(3) When the head of a military unit mobilizes the reserve forces pursuant to Article 5 (1), the chief of the relevant police station shall provide support to ensure efficient mobilization.
[This Article Wholly Amended on Jan. 25, 2010]
Article 15(Penalty provisions) #
(1) A person who fails to comply with any military operational inspection by the mobilized reserve forces in an area where the operations are conducted under Article 8 (2) without good cause, or who assaults or threatens members of the reserve forces conducting the said inspection, shall be punished by imprisonment with labor for not more than three years; provided, the person shall be punished by imprisonment with labor for not more than five years in time of war, armed conflicts or belligerency with enemies or armed communist militia.
(2) A person who has his or her resident registration canceled or has his or her domicile registered as unknown under Article 8 or 20 of the Resident Registration Act by failing to file a report under Article 10 of the said Act or by filing a false report without good cause, so as to make it impossible to issue a notice of call under Article 6-2, shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won. <Amended on May 19, 2011; Oct. 15, 2014>
(3) A person who participates in a political campaign, in violation of Article 12 (2), shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won. <Amended on Oct. 15, 2014>
(4) A person who fails to comply with the mobilization under Article 5 (1) without good cause, and a person who falsely changes the person's residential place with intent to evade such mobilization, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won; provided, they shall be punished by imprisonment with labor for not more than five years in time of war or armed conflicts. <Amended on Oct. 15, 2014>
(5) If a person who guards arms, ammunitions and equipment of the reserve forces and other appurtenances thereto, or who is responsible for safeguarding them but loses them or has them stolen by negligence, the person shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Oct. 15, 2014>
(6) A commander of the reserve forces who violates Article 12 (1) shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won. <Amended on Oct. 15, 2014>
(7) A person who resists or disobeys a legitimate order of the commander under Article 5 (4) shall be punished by imprisonment with labor for not more than two years, by a fine not exceeding 20 million won, by misdemeanor imprisonment, or by a minor fine; provided, the person shall be punished by imprisonment with labor for not more than five years in time of war, armed conflicts, or belligerency with enemies or armed communist militia. <Amended on Oct. 15, 2014>
Article 15-2(Administrative fines) #
(1) A teaching staff member who, without a compelling reason, treats a person called up or trained as a member of the reserve forces disadvantageously in violation of Article 10-2 shall be subject to an administrative fine not exceeding 5 million won. <Added on Mar. 18, 2025>
(2) When a person who has a duty to deliver a notice of call under Article 6-2 (4) fails to do so without good cause, or delays, or destroys it, he or she shall be subject to an administrative fine not exceeding one million won. <Amended on Mar. 18, 2025>
(3) The administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of National Defense as prescribed by Presidential Decree. <Amended on Mar. 18, 2025>
[This Article Added on Dec. 13, 2022]
Article 16 #
Deleted. <Jan. 25, 2010>