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ACT ON THE PERSONNEL MANAGEMENT OF CIVILIAN MILITARY EMPLOYEE — 법갈피

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ACT ON THE PERSONNEL MANAGEMENT OF CIVILIAN MILITARY EMPLOYEE

법률일부개정시행 2025-09-19국방부,국방부 · 제20799호 · 공포 2025-03-18

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to provide for special exceptions to the State Public Officials Act with respect to the qualification, appointment, and service of, and the remuneration and status guarantee for civilian military employees, taking into consideration the distinct characteristics of their responsibilities, duties, status, and working conditions.

[This Article Wholly Amended on Apr. 1, 2009]

Article 2 #

Deleted. <Dec. 20, 2016>

Article 3(Ranks and classification of civilian military employee in general service) #

(1) Ranks of a civilian military employee who performs duties in the fields of technology, research, management of military reserves, or administrative management (hereinafter referred to as "civilian military employee in general service") shall be classified into Classes I through IX.

(2) A civilian military employee in general service shall be categorized by occupational group and by series of classes.

(3) A civilian military employee engaged in special duties may be excluded from classification of ranks under paragraph (1) and categorization of occupational groups and series of classes under paragraph (2). In such cases, classification of ranks or occupational groups and series of classes shall be prescribed by the Presidential Decree.

(4) The titles of respective ranks by occupational group and by series of class under paragraphs (1) through (3) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 20, 2016]

Article 4(Treatment) #

A civilian military employee shall be given treatment equivalent to that of military personnel, and the standards for each Class shall be prescribed by Presidential Decree.

Article 6(Appointing authority) #

(1) A civilian military employee in general service of Class -V or higher (including a civilian military employee in general service prescribed by Presidential Decree to be equivalent to such rank, among civilian military employees in general service to which the classification of ranks or the categorization of occupational groups and series of classes under Article 3 (1) or (2) do not apply pursuant to paragraph (3) of that Article; hereinafter the same shall apply) shall be appointed by the President at the recommendation of the Minister of National Defense; provided, the Minister of National Defense may appoint where the the authority is delegated by the President. <Amended on Dec. 20, 2016>

(2) Civilian military employees in general service of Class-VI or lower (including military employees in general service prescribed by Presidential Decree to be equivalent to such rank, among civilian military employees in general service to which the classification of ranks or the categorization of occupational groups and series of classes under Article 3 (1) or (2) do not apply pursuant to paragraph (3) of that Article; hereinafter the same shall apply) shall be appointed by the Minister of National Defense; provided, any of the following persons may appoint such civilian military employees under authority delegated by the Minister of National Defense: <Amended on Dec. 20, 2016; Mar. 21, 2017; Dec. 22, 2020>

1. Army, Navy, and Air Force Chief of Staff (in the case of Marine Corps, referring to the Commander of the Marine Corps; hereinafter referred to as the "Chief of Staff");

2. The head of a military unit or an agency under the direct command of the Ministry of National Defense (hereinafter referred to as the "commander of a military unit under the direct command of the Ministry of National Defense");

3. The head of a military unit or an agency, who is a general-grade officer (hereinafter referred to as the "general-grade commander of a military unit").

[This Article Wholly Amended on Apr. 1, 2009]

Article 7(New employment) #

(1) A civilian military employee shall be recruited through open competitive examinations.

(2) Notwithstanding paragraph (1), in any of the following cases, civilian military employees may be appointed by an examination in which eligibility requirements such as career are prescribed and which is conducted by way of competition among multiple persons (hereinafter referred to as the “career-based competitive examination for appointment”); provided, among the cases falling under subparagraphs 1 and 4 through 6 and 6-2, where it is inappropriate to conduct an examination targeting multiple persons as prescribed by Presidential Decree, civilian military employees may be appointed by an examination not targeting multiple persons: <Amended on Sep. 1, 2015; Dec. 20, 2016; Apr. 16, 2019; Apr. 13, 2021; Feb. 3, 2022; Feb. 20, 2024>

1. Where any of the following persons is employed as a civilian military employee for the same class (referring to the class defined in subparagraph 2 of Article 5 of the State Public Officials Act; hereinafter the same shall apply) as the one that he or she held at the time of his or her retirement within three years from the date he or she retired:

(a) A person who retired because of redundancy as a consequence of the alteration or abolition of an organization under Article 28 (1) 3;

(b) A person who retired upon the expiration of the period of suspension from service after having been suspended from service for medical treatment for a long time due to a physical or mental disability pursuant to Article 71 (1) 1 of the State Public Officials Act;

2. Deleted; <Dec. 20, 2016>

3. Where a holder of a certification or license under statutes or regulations is employed as a civilian military employee for a duty related to such a certification or license;

4. Where a person is employed as a civilian military employee in general service of Class-I

5. Where a military person who had worked with the class and position appropriate for the area available for employment is employed within three years from the date he or she was discharged from active service;

6. Where a person who has a career of service or research, corresponding to a job available for employment, for at least two years, is employed for such a job;

6-2. where a person who has completed probationary service under Article 7-2 is appointed as a civilian military employee;

7. Where a person who resides in his or her hometown or a specific area is employed as a civilian military employee who shall work for a military unit or an agency in the area, taking into consideration an extraordinary locality or environment, such as an island or a remote rural area;

8. Where a resident who escaped from North Korea defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act, is employed;

9. Where a military person who engaged in conduct provided in Article 37 (3) of the Military Personnel Management Act during his or her military service (including a military person in reserve service) is employed as a civilian military employee;

10. Where a survivor of a soldier (referring to a spouse, child, parent, or grandparent without a lineal descendant, of a deceased soldier) determined as a decedent killed in action or who died on duty pursuant to Article 54-2 of the Military Personnel Management Act is employed.

(3) Matters necessary for the career-based competitive examination for appointment under paragraph (2) and the examination prescribed in the main clause, except the subparagraphs, of the same paragraph (hereinafter in this Article referred to as the “career-based competitive examination for appointment, etc.”) shall be prescribed by Presidential Decree. <Amended on Sep. 1, 2015; Feb. 20, 2024>

(4) A person appointed through the career-based competitive examination for appointment, etc. under paragraph (2) 6-2 or 7 shall not, for five years after appointment, undergo a change of occupational category or be transferred to another military unit or agency other than the military unit or agency concerned. <Amended on Sep. 1, 2015; Feb. 20, 2024>

(5) Notwithstanding paragraph (4), where transfer is necessary for childbirth, childcare, or maternity protection as prescribed by the Minister of National Defense, transfer shall not be restricted. <Added on Mar. 18, 2025>

(6) The Minister of National Defense shall request the Director of the National Intelligence Service to conduct a background check on those employed as civilian military employees based on Presidential Decree concerning security duties delegated under Article 4 (4) of the National Intelligence Service Korea Act. The same shall also apply to cases where a contract is renewed after new employment. <Added on Feb. 6, 2024; Mar. 18, 2025>

[This Article Wholly Amended on Apr. 1, 2009]

Article 14(Replacement of persons suspended from service, on long-term dispatch) #

(1) Where a civilian military employee falls under any of the following cases, it may be deemed that there is an addition to the prescribed number of personnel in the relevant class and position and the vacancy may be filled; provided, this shall not apply during the two months before and after the expiration of the dispatch period under subparagraph 2 through 4: <Amended on Mar. 22, 2013; Dec. 20, 2016; Dec. 22, 2020>

1. Where a person is suspended from service for at least six months pursuant to Article 71 of the State Public Officials Act; provided, where he or she temporarily retires from office under Article 71 (2) 4 for at least three months, such vacancy may be filled, only in cases prescribed by Presidential Decree, etc. and where the employee takes a continuous leave for maternity and child care, the vacancy of the employee may be filled from the date the maternity leave commences;

2. Where a person is dispatched to a central administrative agency for not less than six months;

3. Where a person is dispatched to a course of an educational and training institution for not less than six months;

4. Where a civilian military employee who attains retirement age within one year is dispatched for training in order to develop the ability to adapt to society after retirement.

(2) If the committee for the examination on petitions on personnel management of civilian military employees under Article 35, the committee for the examination on appeals of civilian military employees under Article 43, or a court, makes a decision or judgment that annuls or cancels the expulsion, removal, or dismissal from office of a civilian military employee after the civilian military employee was expelled, removed, or dismissed, it shall be deemed that there has been an addition, since the vacancy was filled, to the prescribed number of personnel in the class and position of the person who was expelled, removed, or dismissed. <Amended on Dec. 20, 2016>

(3) The prescribed number of personnel under paragraphs (1) and (2) shall be deemed extinguished when the first vacancy occurs in the class and position after any of the following events occurs: <Amended on Dec. 20, 2016>

1. Reinstatement of the person under suspension from service;

2. Return of the dispatched person;

3. Reinstatement of the person expelled, removed, or dismissed.

(4) Where a vacancy occurs due to a leave of absence under paragraph (1) 1, the appointing authority shall endeavor to secure replacement personnel. <Added on Mar. 18, 2025>

[This Article Wholly Amended on Apr. 1, 2009]

Article 29(Dismissal from one’s position) #

(1) An appointing authority may dismiss a civilian military employee who falls under any of the following subparagraphs from his or her position (referring to the position defined in subparagraph 1 of Article 5 of the State Public Officials Act; hereinafter the same shall apply): <Amended on May 20, 2014; Dec. 22, 2020>

1. A person who lacks the capability of performing his or her duty or whose performance of service is extremely bad;

2. A person against whom a resolution on a disciplinary action corresponding to expulsion, removal, demotion, or suspension from office has been demanded;

3. A person prosecuted in a criminal case (excluding those against whom a summary order is requested);

4. A person who falls under Article 73-3 (1) 6 of the State Public Officials Act.

(2) When it is intended to dismiss a person falling under paragraph (1) 1 from his or her position, the person shall be ordered to be waiting to be assigned for a period not exceeding three months, and then necessary actions, such as conducting education and training for recovering capabilities of performing his or her duty or improving his or her performance of service, and assigning special research tasks, shall be taken during the waiting period.

(3) If a ground for dismissal from position under paragraph (1) 1 coincides with that referred to in paragraph (1) 2 through 4 with respect to a public official, such dismissal from position shall be made under subparagraph 2 through 4 of the same paragraph. <Amended on Dec. 22, 2020>

(4) An appointing authority may delegate his or her authority for the dismissal of persons who fall under paragraph (1) 2 through 4 from their positions to each Chief of Staff. The appointing authority may also delegate the authority for the dismissal from positions of those falling under paragraph (1) 3 to the commander of each military unit under the direct command of the Ministry of National Defense or the general-grade commander of each military unit. <Amended on Dec. 22, 2020>

(5) If a person was dismissed from his or her position pursuant to paragraph (1) but the cause of dismissal later terminates, a person having appointment authority (including persons to whom authority for the dismissal from one's position has been delegated pursuant to paragraph (4)) shall give the position to the person without delay.

[This Article Wholly Amended on Apr. 1, 2009]

Article 33-2(Restrictions on voluntary dismissal from office) #

(1) Where a civilian military employee who has applied for voluntary dismissal from office in accordance with Article 33 falls under any of the following cases, such person with appointment authority shall not permit the voluntary removal from office; provided, where such civilian military employee falls under subparagraph 1, 3, or 4, such non-permission shall be restricted to cases where it is deemed that his or her misconduct falls within a cause for expulsion from office, removal from office, demotion to a lower grade, or suspension from office: <Amended on Dec. 22, 2020; Feb. 20, 2024>

1. Where he or she has been prosecuted for a criminal case related to his or her misconduct;

2. Where a procedure for requesting a resolution on disciplinary action is pending at a disciplinary committee for a civilian military employee under Article 39-2 (1) on the grounds of expulsion, removal, demotion, or suspension from office:

3. Where a criminal investigation or investigation regarding his or her misconduct is ongoing at the Board of Audit and Inspection, the military prosecutors’ office, a military judicial police station, or any other investigative agency (hereafter in this Article, referred to as "investigative agency, etc.");

4. Where an internal audit or investigation regarding his or her misconduct is under way at the audit department of a military unit, agency of any level, or any other similar agency.

(2) Where a civilian military employee in service applies for voluntary removal from office, a person with appointment authority shall confirm from the head of the relevant investigative agency, etc. whether that employee is subject to restriction on voluntary removal from office under paragraph (1). In such cases, the head of the relevant investigative agency, etc., in receipt of a request for confirmation, shall make a notification of the relevant fact within 10 days from the date he or she receives such request. <Amended on Feb. 20, 2024>

(3) Other matters necessary for restricting voluntary dismissal from office of a civilian military employee shall be prescribed by Presidential Decree.

[This Article Added on Jan. 19, 2016]

Article 37-2(Disciplinary action surcharges) #

(1) Where a resolution authorizing disciplinary action against a civilian military employee under Article 37 falls under either of the following, a person with authority to take disciplinary action shall request a disciplinary committee for civilian military employees under Article 39-2 (1) to pass a resolution to impose disciplinary action surcharge in an amount not exceeding five times the monetary or property gains (in cases of property gains, not monetary gains, referring to the amount translated into money amount): <Amended on Dec. 22, 2020>

1. Receiving or providing money, goods, real estate, entertainment, or other property benefits prescribed by Presidential Decree;

2. Embezzling, misappropriating, stealing, swindling, or diverting to any other purpose, any of the following:

(a) The budget and fund prescribed under the National Finance Act;

(b) The budget prescribed under the Local Finance Act and the fund prescribed under the Framework Act on the Management of Local Government Funds;

(d) The subsidy defined under subparagraph 1 of Article 2 of the Subsidy Management Act;

(e) The State property under subparagraph 1 of Article 2 of the State Property Act, commodity under Article 2 (1), and military supplies under Article 2 of the Act on the Management of Military Supplies;

(f) The public property and commodity defined under subparagraphs 1 and 2 of Article 2 of the Public Property and Commodity Management Act;

(g) Others prescribed by Presidential Decree, equivalent to those referred to in items (a) through (f).

(2) Where a person subject to imposition of a disciplinary action surcharge has received a criminal penalty or has fulfilled responsibility for compensation, etc. (including where his or her property has been confiscated or forced to pay additional charges) pursuant to other statutes for any of the following reasons before the disciplinary committee for a civilian military employee passes a resolution to impose a disciplinary action surcharge or where a person subject to the imposition of a disciplinary action surcharge has paid out an amount to be recovered or an additional amount to be collected in accordance with the procedures for recovery or additional collection, the disciplinary committee for a civilian military employee under Article 39-2 (1) shall pass a resolution to impose a disciplinary action surcharge within the limits prescribed by Presidential Decree<Amended on Dec. 22, 2020>

(3) Where a person subject to the imposition of the disciplinary action surcharge has received a criminal penalty or has fulfilled responsibility for compensation, etc. (including where his or her property has been confiscated or forced to pay additional charges) after it passed the resolution to impose the disciplinary action surcharge or where an amount to be recovered or an additional amount to be collected has already been paid out, the disciplinary committee for civilian military employees under Article 39-2 (1) shall take measures, such as the reduction of or exemption from the disciplinary action surcharge on which a resolution was adopted, as prescribed by Presidential Decree. <Added on Dec. 22, 2020>

(4) Where a person subject to the imposition of a disciplinary action surcharge pursuant to paragraph (1) fails to pay such disciplinary action surcharge by the deadline for payment thereof, a person with authority to take disciplinary action (where a person with authority to take disciplinary action is the head of a military unit or agency not larger than the size prescribed by Presidential Decree, referring to the head of its superior unit or agency) shall collect the disciplinary action surcharge in the same manner as compulsory collection under the National Tax Collection Act; provided, if it is deemed essentially impracticable to collect the delinquent amount due to retirement or other grounds, such collection shall be commissioned to the head of the tax office having jurisdiction over the domicile of the person from whom the surcharge are to be collected. <Amended on Dec. 22, 2020; Apr. 13, 2021>

(5) If a person with authority to take disciplinary action deems it impracticable to collect a disciplinary action surcharge even after five years have elapsed from the date of default after requesting the head of the competent tax office to collect the disciplinary action surcharge pursuant to the proviso of paragraph (4), he or she may request the disciplinary committee for civilian military employees under Article 39-2 (1) to adopt a resolution to reduce or exempt the relevant disciplinary action surcharge. <Added on Dec. 22, 2020>

[This Article Added on Oct. 15, 2014]

Article 40(Procedures for disciplinary actions) #

(1) Disciplinary actions, etc. shall be taken after deliberation by a disciplinary committee. <Amended on Sep. 1, 2015>

(2) A disciplinary committee shall give opportunities to a person subject to deliberation on disciplinary actions, etc., to make a sufficient statement in writing or orally. <Amended on Sep. 1, 2015>

(3) A disciplinary committee shall make a determination following deliberation within 30 days from the date the person having authority over disciplinary actions requests it to resolve on taking a disciplinary action or imposing a disciplinary action surcharge (hereinafter referred to as "resolution on a disciplinary action, etc."); provided, where there is any inevitable reason, the period may be extended by up to 30 days by a decision of the disciplinary committee. <Added on Sep. 1, 2015>

(4) Upon receipt of the result of a resolution on a disciplinary action, etc. from a disciplinary committee in accordance with paragraph (3), a person having authority over disciplinary actions shall take a disciplinary action, etc. within 15 days from the date he or she receives such result. <Added on Sep. 1, 2015>

(5) Where a person with authority to take disciplinary action that the degree of any disciplinary action, etc. resolved by a disciplinary committee is low, he or she may, before taking such disciplinary action, etc., request an examination or reexamination to the disciplinary committee (referring to the disciplinary committee installed in the Ministry of National Defense, with respect to a resolution adopted by this disciplinary committee) established in the military unit or agency to which a legal officer is assigned and which is next superior to the military unit or agency to which he or she belongs. In such cases, that person with authority to take disciplinary action shall take a disciplinary action, etc. in accordance with the results of the resolution on the examination or reexamination. <Amended on Oct. 15, 2014; Sep. 1, 2015>

(6) Where a person with authority to take disciplinary action imposes a disciplinary action, etc. for a sexual crime under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes or for sexual harassment under subparagraph 2 of Article 3 of the Framework Act on Gender Equality, and if requested by the victim, shall notify him or her of the results of the relevant disciplinary action taken. <Added on Dec. 22, 2020>

[This Article Wholly Amended on Apr. 1, 2009]

Article 41(Period of prescription on causes of disciplinary action and imposition of disciplinary action surcharges) #

(1) No request for a resolution on disciplinary action, etc. shall be made after the expiration of the period classified as follows from the date on which a ground for disciplinary action occurs: <Amended on Dec. 13, 2022>

1. Where grounds for disciplinary action fall under any of the following cases: Ten years:

(a) Prohibited acts under Article 4 of the Act on the Act on the Punishment of Arrangement of Commercial Sex Acts;

b. Sex offenses under Article 2 of the Act on the Protection of Children and Youth against Sex Offenses;

(c) Sex offenses against children or youth under subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses;

(d) Sexual harassment under subparagraph 2 of Article 3 of the Framework Act on Gender Equality;

2. Where the grounds for disciplinary action fall under any subparagraph of Article 37-2 (1): Five years;

3. In cases falling under other grounds for disciplinary action: Three years.

(2) Where the appeals review committee for civilian military employees or a court under Article 43 has made a decision or judgment to nullify or revoke a disciplinary action, etc. on the grounds of the composition of a disciplinary committee, degree of disciplinary action, excessive disciplinary action, or excessive disciplinary surcharge, the committee may re-request the disciplinary action, etc. within three months from the date on which such decision or judgment becomes final, even where the prescription period under paragraph (1) expires or the remaining prescription period is less than three months. <Amended on Oct. 15, 2014; Dec. 13, 2022>

(3) If the period of prescription under paragraph (1) has already lapsed or the remaining period of prescription is less than one month due to a failure to continue disciplinary proceedings pursuant to Article 83 (1) or (2) of the State Public Officials Act, the period under paragraph (1) shall be deemed to expire one month after the day on which notice of the closing of inspections or investigations under Article 83 (3) of the State Public Officials Act is provided.

[This Article Wholly Amended on Apr. 1, 2009]

[Title Amended on Oct. 15, 2014]

Article 42(Appeal) #

(1) A person who becomes subject to a disciplinary action, etc. may file an appeal with the head of the military unit or agency superior by two tiers to the person with authority to take disciplinary action, which is under the command of a general-grade officer, within 30 days from the day on which he or she receives a notice of the action; provided, if the person with authority to take disciplinary action is the Minister of National Defense, such an appeal may be filed with the Minister of National Defense. <Amended on Oct. 15, 2014; Mar. 21, 2017>

(2) Notwithstanding the main clause of paragraph (1), a Class-V or higher-ranking civilian military employee in general service who becomes subject to expulsion, removal, demotion, or suspension from office may file an appeal directly with the Minister of National Defense within 30 days from the day on which he or she receives a notice of the action.

(3) If a person who becomes subject to a disciplinary action, etc. and who intends to file an appeal under the main clause of paragraph (1) is transferred to another military unit or agency, he or she shall file the appeal with the head of the military unit or agency superior by two tiers to the military unit or agency to which he or she belongs at the time of filing the appeal. In such cases, the head of the military unit or agency superior by two tiers, who receives an appeal, shall be a general-grade officer superior to the person who took the disciplinary action, etc. <Amended on Oct. 15, 2014; Mar. 21, 2017>

(4) The Minister of National Defense and the head of a military unit or agency may, upon receiving an appeal pursuant to any provision of paragraphs (1) through (3), cancel or mitigate the initial disciplinary action, etc., subject to examination by the committee for the examination of appeals of a civilian military employees under Article 43 but shall not take any disciplinary action heavier than the initial disciplinary action or make a decision to impose a disciplinary action surcharge heavier than the original disciplinary action surcharge. <Amended on Oct. 15, 2014>

[This Article Wholly Amended on Apr. 1, 2009]

ACT ON THE PERSONNEL MANAGEMENT OF CIVILIAN MILITARY EMPLOYEE

Article 1(Purpose) #

Article 2 #

Article 3(Ranks and classification of civilian military employee in general service) #

Article 4(Treatment) #

Article 5(Personnel management committee for civilian military employee) #

Article 6(Appointing authority) #

Article 7(New employment) #

Article 7-2(Recruitment by recommendation of local talent and probationary service) #

Article 8(Testing agencies) #

Article 9(Qualifications for application for examinations) #

Article 10(Grounds for disqualification) #

Article 11(List of candidates for employment) #

Article 12(Appointment as probationer) #

Article 13(Assignment) #

Article 14(Replacement of persons suspended from service, on long-term dispatch) #

Article 15(Promotions) #

Article 16(Duty of good faith) #

Article 17(Duty of strict confidentiality) #

Article 18(Service of entrusted trainees) #

Article 19(Delegation concerning service of civilian military employee) #

Article 20(Enhancement of efficiency) #

Article 21(Education and training) #

Article 22(Evaluation of performance of service) #

Article 23(Awards and decorations) #

Article 24(Remuneration) #

Article 25(Reimbursement of actual expenses) #

Article 26(Personnel actions against will) #

Article 27(Automatic retirement) #

Article 28(Ex officio dismissal from office) #

Article 29(Dismissal from one’s position) #

Article 30(Appointment to lower position) #

Article 31(Retirement age) #

Article 32(Regular retirement) #

Article 33(Voluntary dismissal) #

Article 33-2(Restrictions on voluntary dismissal from office) #

Article 34(Petitions on personnel management) #

Article 35(Committee for examination of petitions on personnel management of civilian military employees) #

Article 35-2(Relationship to administrative litigation) #

Article 36(Handling of grievances) #

Article 37(Cause of disciplinary action) #

Article 37-2(Disciplinary action surcharges) #

Article 38(Persons with authority to take disciplinary actions) #

Article 39(Types and effects of disciplinary actions) #

Article 39-2(Disciplinary committee for civilian military employees) #

Article 40(Procedures for disciplinary actions) #

Article 41(Period of prescription on causes of disciplinary action and imposition of disciplinary action surcharges) #

Article 42(Appeal) #

Article 43(Committee for examination of appeals of civilian military employees) #

Article 43-2(Provisions concerning delegation) #

Article 44(Special cases concerning appointment of civilian military employee at time of national emergency) #

Article 45(Civilian military employee in general service appointed for fixed period of service) #