MILITARY PERSONNEL MANAGEMENT ACT

영문법령 불러오는 중…

MILITARY PERSONNEL MANAGEMENT ACT — 법갈피

Article 6(Classification of service) #

(1) Officers shall be classified as long-term service officers and short-term service officers.

(2) Long-term service officers are as follows: <Amended on Mar. 11, 2014>

1. Persons who graduated from a military academy;

2. Judge advocates referred to in subparagraph 1 of Article 3 of the Act on Appointment of Judge Advocates and persons who fall under subparagraph 2 or 3 of the aforesaid Article and who are appointed as judge advocates upon their volunteering for long-term service;

3. Short-term service officers selected as long-term service officers;

4. Officers of the Navy or the Air Force, who have completed a flight training course and hold a flying license.

(3) Short-term service officers shall be any of the follow persons: <Amended on Dec. 18, 2012; Jan. 16, 2024>

1. Persons who graduated from the Korea Army Academy at Yeongcheon or the Armed Forces Nursing Academy;

1-2. A person who graduated from the Korea National Defense Advanced Science and Technology Academy;

2. Officers who completed an officer candidate course;

3. Officers who completed an officer candidate course conducted by the Reserve Officers' Training Corps pursuant to Article 57 (2) of the Military Service Act;

3-2. Reserve officers, of the rank of first lieutenant or higher reappointed to the rank at the time of discharge;

4. Persons who are not classified as long-term service officers under paragraph (2).

(4) A short-term service officer who intends to serve as a long-term service officer or extend his or her service period shall successfully pass the screening process prescribed by Presidential Decree.

(5) Noncommissioned officers shall be classified as noncommissioned officers in long-term service and those in short-term service.

(6) Long-term service noncommissioned officers shall consist of persons who have completed an educational course for high school in a military educational institution and persons who have successfully passed the screening process upon volunteering for service.

(7) Short-term service noncommissioned officers shall be any of the following persons: <Amended on Dec. 18, 2012; Mar. 21, 2017; Jan. 16, 2018; Dec. 22, 2020; Jan. 16, 2024>

5. A person who is appointed as a noncommissioned officer by passing the screening process upon volunteering for service from among those who dropped out of school after completing an educational course in a military academy, the Korea Army Academy at Yeongcheon, the Korea Armed Forces Nursing Academy, or the Korea National Defense Advanced Science and Technology Academy for at least one year or those who dropped out of an officer candidate training course;

2. A person who has been selected pursuant to Article 62 (1) and provided with grants for additional military service (referring to grants provided on condition that he or she shall serve in addition to the period of compulsory service pursuant to Article 7 (4); hereinafter the same shall apply) and who has completed an educational course for high school or higher;

3. A noncommissioned officer in a fixed term position pursuant to Article 20-2 of the Military Service Act;

4. A noncommissioned officer from the noncommissioned officer candidate training course conducted by the Reserve Officers' Training Corps pursuant to Article 57 (2) of the Military Service Act;

6. A noncommissioned officer who is a reserve noncommissioned officer, of the rank of sergeant first class or higher reappointed to the rank at the time of discharge.

(8) A short-term service noncommissioned officer who intends to serve as a long-term service noncommissioned officer or who desires to have his or her service period extended shall successfully pass a screening process prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 7(Compulsory service period) #

(1) The compulsory service period of officers, warrant officers, and noncommissioned officers (excluding staff sergeants appointed without volunteering) shall be as follows; provided, the foregoing shall not apply in a national emergency, such as wartime or crisis: <Amended on Dec. 18, 2012; Mar. 11, 2014; Dec. 22, 2020; Jan. 16, 2024>

1. The compulsory service period of long-term service officers shall be 10 years; provided, a long-term service officer may file an application for discharge from active service only on one occasion on or after the fifth anniversary of his or her appointment as a long-term service officer;

2. Notwithstanding subparagraph 1, among officers of the Navy or the Air Force, who have completed a flight training course and hold a flying license (excluding a license for rotorcraft), the compulsory service period of officers who graduated from the Korea Naval Academy or the Korea Air Force Academy shall be 15 years, and the compulsory service period of the other officers shall be 13 years; provided, such officer may file an application for discharge from active service only on one occasion on or after the fifth anniversary of his or her appointment as an officer;

3. If deemed necessary for the management of manpower of the Armed Forces, the Minister of National Defense may shorten the compulsory service period under subparagraph 2 by up to two years;

4. The compulsory service period of short-term service officers shall be three years; provided, the compulsory service period of persons who graduated from the Korea Army Academy at Yeongcheon, the Armed Forces Nursing Academy, or the Korea National Defense Advanced Science and Technology Academy shall be six years, while the Minister of National Defense may shorten the service period of officers from the officer candidate course conducted by the Reserve Officers' Training Corps pursuant to Article 57 (2) of the Military Service Act, officers in the nursing branch (excluding officers in the nursing branch who graduated from the Armed Forces Nursing Academy) among female military personnel, and reserve officers, of the rank of first lieutenant or higher reappointed to the rank at the time of discharge by up to one year, if the Minister deems it necessary for the management of manpower of the Armed Forces;

5. The compulsory service period of warrant officers shall be five years; provided, the compulsory service period of a warrant officer who engages in a technical area specified by Presidential Decree as essential to the military (excluding persons appointed as warrant officers from among master sergeants and sergeants major) shall be 10 years, and such a warrant officer may file an application for discharge from active service only on one occasion on or after the seventh anniversary of the date of appointment;

6. The compulsory service period of long-term service noncommissioned officers shall be seven years; provided, the compulsory service period of a long-term service noncommissioned officer who engages in a technical area specified by Presidential Decree as essential to the military shall be 10 years, and such a noncommissioned officer may file an application for discharge from active service only on one occasion on or after the seventh anniversary of the date of appointment;

7. The compulsory service period of short-term service noncommissioned officers shall be four years; however, the compulsory service period of any of the following short-term service noncommissioned officers shall be a period according to the following classification:

(a) Short-term service noncommissioned officers referred to in Article 6 (7) 3: The term of office under Article 20-2 (1) of the Military Service Act;

(b) Deleted; <Dec. 20, 2016>

(c) Short-term service noncommissioned officers referred to in Article 6 (7) 5: The service period of enlisted personnel under Article 18 and 19 of the Military Service Act;

(d) Short-term service noncommissioned officers referred to in Article 6 (7) 6: Three years; provided, where the Minister of National Defense deems it necessary for manpower management, such service period may be shortened by up to one year.

(2) In addition to the compulsory service period, a military person who has received commissioned education or other education shall serve for the period, specified in any of the following. In such cases, the additional service period shall begin on the day immediately after the end of the compulsory service period, if the education is completed during the compulsory service period, or on the day immediately after the end of the education period, if the education is completed after the end of the compulsory service period: <Amended on Oct. 31, 2023>

1. A military person who has received commissioned education for not less than six months in a foreign country: A period equivalent to twice as much as the education period;

2. A military person who has received commissioned education for not less than six months at a non-military educational institution in the Republic of Korea: A period equivalent to the education period;

3. A military person who has received education for a degree for not less than six months at a military educational institution in the Republic of Korea: A period equivalent to the education period;

4. A military person who has received commissioned education for at least six months after duty or at least six months on weekends while performing day duty in the Republic of Korea: A period equivalent to one-half of the education period.

(3) In addition to the compulsory service period, a medical officer who receives training as a probationer for a basic or specialized medical course shall serve for the period equivalent to the probationary period.

(4) In addition to the compulsory service period, a person who has been selected pursuant to Article 62 (1) and provided with grants for additional military service and who is appointed as a short-term service officer, shall serve for a period equivalent to the period during which the grants for additional military service have been provided; provided, the Minister of National Defense may require a person who has been selected pursuant to Article 62 (1) and provided with grants for additional military service and who is appointed as a noncommissioned officer, to serve for a period of not more than the period during which the grants for additional military service have been provided, in addition to the compulsory service period. <Amended on Mar. 21, 2012; Mar. 21, 2017>

(5) In addition to the compulsory service period, the Minister of National Defense may require persons who have received commissioned education in a foreign country for the operation of special equipment to serve for the following relevant period in addition to the compulsory service period. In such cases, paragraph (2) shall apply to the method for such addition:

1. If the period double the education period is less than three years: Until three years;

2. If the period double the education period exceeds three years: The period double the education period.

(6) A short-term service officer or a short-term service noncommissioned officer whose service period is extended after the screening process provided in Article 6 (4) or (8) shall serve by adding the extended service period to the compulsory service period. <Added on Apr. 13, 2021>

[This Article Wholly Amended on May 24, 2011]

Article 8(Age for retirement from active service) #

(1) Ages for retirement from active service are as follows; provided, a national emergency, such as wartime or crisis, shall constitute an exception to the foregoing: <Amended on Jun. 20, 2023>

1. Retirement Age:

Marshal: Lifetime appointment;

General: 63 years of age;

Lieutenant General: 61 years of age;

Major General: 59 years of age;

Brigadier General: 58 years of age;

Colonel: 56 years of age;

Lieutenant Colonel: 53 years of age;

Major: 50 years of age;

Captain, First Lieutenant, or Second Lieutenant: 43 years of age;

Warrant Lieutenant: 55 years of age;

Sergeant Major: 55 years of age;

Master Sergeant: 53 years of age;

Sergeant First Class: 45 years of age;

Staff Sergeant: 40 years of age

2. Retirement Years for Continuous Service:

Colonel: 35 years;

Lieutenant Colonel: 32 years;

Major: 24 years;

Captain, First Lieutenant, or Second Lieutenant: 15 years;

Warrant Lieutenant: 32 years

3. Rank Retirement Years:

Lieutenant General: 4 years;

Major General: 6 years;

Brigadier General: 6 years.

(2) Notwithstanding paragraph (1) 1, the retirement age of an officer who works for a military academy as a teaching staff member, an officer qualified under Article 16 of the Higher Education Act as a professor of the Korea National Defense University (hereinafter referred to as "professor, etc."), and an officer in a military medical branch or dental branch shall be 60 years of age, and the retirement years for continuous service and the rank retirement years under paragraph (1) 2 and 3 shall not apply to such officers; provided, professors, etc. and officers in a military medical branch or dental branch shall undergo examination for reappointment at the rank and age based on the following classification, and retirement ages under paragraph (1) shall apply to officers reappointed as a result of such examination: <Amended on Mar. 21, 2012; Dec. 30, 2014>

1. Examination for reappointment of professors, etc.:

(a) Colonel:

(i) Age for primary examination for reappointment: Between 54 and 55 years of age; provided, those who undergo primary examination for reappointment and are promoted to colonel pursuant to item (b) during active service as lieutenant colonel shall be exempted from primary examination for reappointment as colonel;

(ii) Age for secondary examination for reappointment: Between 57 and 58;

(b) Lieutenant colonel:

(i) Age for primary examination for reappointment: Between 51 and 52;

(ii) Age for secondary examination for reappointment: Between 56 and 57;

2. Examination for reappointment of officers in military medical branch or dental branch:

(a) Colonel: Between 54 and 55 years of age: Excluding those who undergo examination for reappointment and are promoted to colonel pursuant to item (b) during active service as lieutenant colonel;

(b) Lieutenant colonel: Between 51 and 52 years of age.

(3) Notwithstanding paragraph (1) 1 and 2, when necessary for personnel management of the Army, the Navy and the Air Force (hereinafter referred to as "each Armed Force"), such as structural reform, organizational reform, adjustment of manpower and relief of personnel congestion, the Minister of National Defense may shorten the retirement age of field-grade officers by not more than two years for each Armed Force, at the proposal of the Chief of Staff of each Armed Force (hereinafter referred to as the "Chief of Staff").

(4) Notwithstanding paragraph (1) 3, when necessary for national defense, the President may shorten or extend the rank retirement age for general-grade officers by not more than one year for each Armed Force, at the proposal of the Minister of National Defense. <Amended on Mar. 21, 2017>

(5) In addition to matters provided for in paragraphs (1) through (4), matters necessary for calculation of the age for retirement from active service, and matters necessary for examination for reappointment of professors, etc. and officers in a military medical branch or dental branch under the proviso of paragraph (2) shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2012; Dec. 30, 2014>

[This Article Wholly Amended on May 24, 2011]

Article 10(Grounds for disqualification) #

(1) Officers, warrant officers, and noncommissioned officers shall be appointed from among persons who are mentally fit, decent in conduct, and physically strong.

(2) No person who falls under any of the following shall be appointed as an officer, warrant officer, or noncommissioned officer: <Amended on Dec. 30, 2014; Jan. 19, 2016; Jan. 16, 2018; Jan. 15, 2019; Oct. 31, 2023; Feb. 20, 2024; Feb. 27, 2024; Mar. 19, 2025>

1. A person who does not have the nationality of the Republic of Korea;

1-2. A person who is both national of the Republic of Korea and a foreign country;

2. A person under adult guardianship;

2-2. A person addicted to narcotic drugs, marijuana, or psychotropic substances;

3. A person declared bankrupt and not yet reinstated;

4. A person in whose case five years has not passed since a sentence of imprisonment without labor or a heavier punishment was completely executed or non-execution of such sentence became final;

5. A person who is sentenced to imprisonment without labor or a heavier punishment and is under suspension of the execution or in whose case two years have not passed since the end of the term of suspension for the execution of such sentence;

6. A person under a suspended sentence after being sentenced to suspension of qualification or a heavier punishment;

6-2. A person who commits a crime prescribed by Article 355 or 356 of the Criminal Act in connection with his or her duty while he or she serves as a public official and in whose case two years have not passed after he or she was finally sentenced to a fine of at least three million won;

6-3. A person in whose case three years have not passed after he or she was sentenced to a fine of at least one million won and the sentence was upheld for a crime falling under any of the following subparagraphs:

(a) Sexual crime pursuant to Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

(b) A crime prescribed in Article 74 (1) 2 and 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

(d) A crime stipulated in the Narcotics Control Act;

6-4. A person who has committed, against a minor, a sexual crime under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes, a sex offense against children or juveniles under subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses, or an offense under Article 58 (1) 7 or Article 58-2 (1) of the Narcotics Control Act, for whom 10 years have not elapsed since any of the following dates:

(a) The date on which the execution of a sentence of imprisonment or heavier punishment was completed (including where it is deemed to have been completed) or exempted;

(b) The date on which the suspension of execution of a sentence of imprisonment or heavier punishment became final and conclusive;

(d) The date on which medical treatment and custody was imposed and its execution was completed or exempted;

(e) The date on which he or she was dismissed or removed by disciplinary action;

7. A person in whose case five years have not passed since he or she was expelled or removed by impeachment or disciplinary measures;

8. A person whose qualification is suspended or forfeited by a judgment of a court or under other statutes.

(3) Activities conducted on duty by officers, warrant officers, and noncommissioned officers appointed notwithstanding paragraph (2) and their service period remains valid, and such person shall not be required to return remuneration already paid.

[This Article Wholly Amended on May 24, 2011]

[Amended by Act No. 20803 on Mar. 18, 2025 to revise this Article, which had been declared incompatible with the Constitution by the Constitutional Court on Nov. 24, 2022]

Article 11(Appointment of officers) #

(1) Officers shall be appointed from among any of the following persons: <Amended on Dec. 18, 2012; Mar. 21, 2017; Jan. 16, 2024>

1. A person who graduated from a military academy, the Korea Army Academy at Yeongcheon, or the Korea National Defense Advanced Science and Technology Academy;

2. A person who graduated from the Armed Forces Nursing Academy and successfully passed the national nurse examination;

3. A person who completed the officer candidate course;

4. A person who is selected from among persons who have completed the officer candidate course conducted by the Reserve Officer's Training Corps pursuant to Article 57 (2) of the Military Service Act;

5. A person who has substantial knowledge and experience in a specialized or technical area, successfully passed the screening process, and completed the prescribed courses;

6. A person recommended by a general-grade commander in the field to be commissioned as an officer from among warrant officers and noncommissioned officers who have shown excellent leadership during a war;

7. A person who completed all courses of a foreign officer training school;

7-2. A person selected through screening among those, in whose case three years have not passed from the date they were discharged in the rank of first lieutenant or higher;

8. A person who is recognized as qualified to be an officer pursuant to other statutes or regulations.

(2) Any of the following persons may be appointed as an officer during a war: <Amended on Jan. 16, 2018; Jan. 16, 2024; Feb. 20, 2024>

1. A fourth-year student of a military academy;

2. A fourth-year student of the Korea Army Academy at Yeongcheon;

3. A fourth-year student of the Armed Forces Nursing Academy;

3-2. A fourth-year student of the Korea National Defense Advanced Science and Technology Academy;

4. A fourth-year student of a university, a college, a teachers' college, or a college of education, who is currently enrolled in the officer candidate course conducted by the Reserve Officers' Training Corps pursuant to Article 57 (2) of the Military Service Act; provided, the foregoing shall apply only when the deferment of conscription of enrolled students is suspended pursuant to Article 83 (2) 5 of the Military Service Act.

[This Article Wholly Amended on May 24, 2011]

Article 12(Initial ranks of officers) #

(1) The initial rank of an officer shall be Second Lieutenant; provided, the rank of a person to be appointed pursuant to Article 11 (1) 7-2 shall be the rank as at the time of his or her discharge. <Amended on Dec. 18, 2012>

(2) A person to be appointed pursuant to Article 11 (1) 1, 2, 5, or 7 may be designated as First Lieutenant or a higher rank as his or her initial rank, if he or she falls under any of the following, or subparagraph 8 of the same paragraph: <Amended on Dec. 18, 2012; Mar. 11, 2014; Dec. 30, 2014; Jan. 16, 2024>

1. A person appointed as legal officer after having completed the prescribed courses of the Judicial Research and Training Institute or after having passed a bar examination after graduating from a law school;

2. A person who successfully passed the national examination for medical doctors, dentists, oriental medical doctors, veterinarians, or pharmacists, and is appointed as medical officer;

3. A minister, a priest, or a Buddhist monk with at least a bachelor’s degree, or a person who performs other equivalent duties and is appointed as chaplain officer;

4. Any of the following persons whose total period of tertiary education is at least five years:

(a) A person who graduated from a military academy, the Korea Army Academy at Yeongcheon, the Armed Forces Nursing Academy, or the Korea National Defense Advanced Science and Technology Academy, and has received commissioned education in a foreign officer training academy while being enrolled in any of the academies specified above;

(b) A person who completed all courses of a foreign officer training academy and has received commissioned education in a military academy, the Korea Army Academy at Yeongcheon, the Armed Forces Nursing Academy, or the Korea National Defense Advanced Science and Technology Academy while being enrolled in such foreign officer training academy;

4-2. Persons appointed as any of the following public officials. In such cases, such persons must have been appointed in branches of service prescribed by Presidential Decree among the basic branches of service:

(a) A person appointed as public official after having undergone appointment as probationary public official after passing an open competitive examination for employment of public officials in Grade V conducted by a government agency;

(b) A person appointed as foreign service officer at Grade V pursuant to the proviso of Article 10 (1) of the Foreign Service Officials Act;

4-3. A person who has obtained a master's degree at a graduate school of the Korea National Defense Advanced Science and Technology Academy;

5. A person who has engaged in another specialized or technical area and is appointed as an officer in a branch directly related to the specialized area.

(3) The initial rank of a person appointed as judge advocate by volunteering long-term service pursuant to Article 6 (2) 2 may be at least as captain. <Amended on Dec. 18, 2012>

(4) A person appointed pursuant to paragraphs (2) and (3) may be deemed to have served military service during the period equivalent to the minimum continuous service period required for promotion to First Lieutenant or Captain under Article 26 (1); provided, if the period during which a person has engaged in his or her specialized area exceeds the minimum period of continuous service required for promotion to First Lieutenant or Captain, such person may be deemed to have served military service fully or partially during the period in which he or she has engaged in such specialized area.

(5) The period of engagement in a relevant area under the proviso of paragraph (4) and the method for calculating the period shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 15(Limitations on appointment age) #

(1) The lowest and highest ages of a person who is eligible for initial appointment as an officer, warrant officer, or noncommissioned officer are as follows:

┌────┬────┬────┐

│ Initial Rank │ Minimum age │ Highest age │

├────┼────┼────┤

│ Major │ │ 38 years old │

├────┼────┼────┤

│ Captain │ │ 34 years old │

├────┼────┼────┤

│ Lieutenant │ │ 31 years old │

├────┼────┼────┤

│ Second Lieutenant │ 20 years old │ 29 years old │

├────┼────┼────┤

│ Warrant Officer │ 20 years old │ 50 years old │

├────┼────┼────┤

│ Non-commissioned officer │ 18 years old │ 29 years old │

└────┴────┴────┘

(2) Notwithstanding paragraph (1), the highest age of a warrant officer or a noncommissioned officer who is eligible for appointment as Second Lieutenant may be limited to 35 years of age, and the highest age of a person who is eligible for appointment as Second Lieutenant after finishing a doctoral course may be limited to 29 years of age.

(3) Notwithstanding paragraph (1), a person who is eligible for appointment as a legal officer, medical officer, or chaplain officer, and a person who is eligible for appointment as an officer in a basic branch after being qualified as a judge, public prosecutor, or attorney-at-law or after successfully passing an open competitive employment examination for Class-V public officials may be appointed as such until he or she attains the maximum age for registration in the military register under Article 58 (3) and 59 of the Military Service Act; provided, the highest age of a person who completed his or her active service and is appointed as a medical officer or dental officer shall be 37 years of age. <Amended on Mar. 21, 2012; Dec. 18, 2012>

(4) Paragraphs (1) through (3) shall not apply where a person is appointed as short-term service officer under Article 6 (3) 3-2 or as short-term service noncommissioned officer under subparagraph 6 of Article 7. <Added on Dec. 18, 2012>

(5) National emergency, such as wartime or an incident, may constitute an exception to paragraphs (1) through (3). <Amended on Dec. 18, 2012>

[This Article Wholly Amended on May 24, 2011]

Article 17-2(Dismissal from position) #

(1) No officer, warrant officer, and noncommissioned officer shall be discharged from his or her position before the end of his or her term of office; provided, the foregoing shall not apply to any of the following cases:

1. Where it is significantly difficult to expect the normal performance of duties due to lack of ability to perform duties;

2. Where a disciplinary resolution is requested from the disciplinary committee for reasons that constitute severe disciplinary action;

3. Where he or she is being examined or investigated by the Board of Audit and Inspection, the military prosecution, the military police, or other investigative agency due to misconduct prescribed by Presidential Decree, such as misconduct involving money and valuables or sex offenses, which is severe to the extent that it is substantially impracticable to expect the normal performance of duties;

4. Other cases where it is deemed inappropriate to let him or her keep the position from a military unit management perspective.

(2) A dismissal review committee shall be established to review matters concerning the dismissal of officers, warrant officers, and noncommissioned officers.

(3) The dismissal of officers, warrant officers, and noncommissioned officers from their position pursuant to paragraph (1) shall be subject to a resolution of the dismissal review committee; provided, if it is deemed that there is an inevitable reason prescribed by Presidential Decree, the resolution of the dismissal review committee shall be carried out within seven days of the dismissal.

(4) Officers, warrant officers, and noncommissioned officers who are dismissed from their position pursuant to paragraph (1) shall have their salaries reduced for the period of the dismissal, as prescribed by Presidential Decree; provided, the salary shall not be reduced if the dismissal is due to reasons falling under paragraph (1) 4.

(5) Matters necessary for the composition, operation, and review of the dismissal review committee shall be prescribed by Presidential Decree.

[This Article Added on Oct. 31, 2023]

[Previous Article 17-2 moved to Article 17-3 <Oct. 31, 2023>]

Article 26(Minimum service period for promotion) #

(1) The minimum service periods required for promotion are as follows; provided, only the minimum service period for each rank shall apply to medical officers, dental officers, and legal officers:

┌───┬────┬───────┐

│ To be promoted │ Minimum │ By rank │

│ Rank │ Term of service │ Minimum service period │

├───┼────┼───────┤

│ Lieutenant-General │ 28 years │ One year as Brigadier General │

├───┼────┼───────┤

│ Brigade general │ 26 years │ Three years as a colonel │

├───┼────┼───────┤

│ Colonel │ 22 years │ Four years as a lieutenant colonel │

├───┼────┼───────┤

│ Lieutenant Colonel │ 17 years │ Five years as a Major │

├───┼────┼───────┤

│ Major │ 11 years │ Six years as Captain │

├───┼────┼───────┤

│ Captain │ 3 years │ Lieutenant for 2 years │

├───┼────┼───────┤

│ Lieutenant │ One year │ One year as a lieutenant-general │

├───┼────┼───────┤

│ Sergeant Major │ │ Seven years as a supervisor │

├───┼────┼───────┤

│ Master Sergeant │ │ Five years as a Sergeant Major │

├───┼────┼───────┤

│ Sergeant Major │ │ Two years as a Staff Sergeant │

└───┴────┴───────┘

(2) Notwithstanding paragraph (1), a person having authority for promotion may, if necessary for the management of manpower, shorten, by not more than one year, or extend, by not more than two years, the minimum service periods for promotion of general-grade officers and field-grade officers. <Amended on Mar. 21, 2017>

(3) The period during which a person is deemed served military service pursuant to Article 12 (4) shall be included in the minimum service period for promotion.

(4) A balance in promotion may be maintained between officers appointed pursuant to Article 11 (1) 7 after attending a foreign officer training school while being enrolled in any of the following courses and those who completed the same domestic officer training course in the same class, notwithstanding paragraph (1), as prescribed by Presidential Decree: <Amended on Jan. 16, 2024>

1. Courses of a military academy;

2. Courses of the Korea Army Academy at Yeongcheon;

2-2. Courses of the Korea National Defense Advanced Science and Technology Academy;

3. Officer candidate courses;

4. Officer candidate courses conducted by the Reserve Officers' Training Corps pursuant to Article 57 (2) of the Military Service Act.

(5) The person having authority for promotion may shorten the minimum service period required for promotion to Sergeant First Class under paragraph (1) by one half, where an officer, warrant officer, or noncommissioned officer in the reserve or a person who was enrolled in the fourth year of a military academy is appointed to Staff Sergeant.

(6) Where an officer reappointed pursuant to Article 6 (3) 3-2 or noncommissioned officer reappointed pursuant to Article 6 (7) 6 has served at least 12 months from the date he or she is reappointed to the date of screening for promotion, each service period in the relevant rank before or after the reappointment shall be added to the minimum service period for promotion under paragraph (1). <Added on Dec. 18, 2012>

[This Article Wholly Amended on May 24, 2011]

Article 35-2(Restrictions on discharge from service by application or at one’s will) #

(1) No appointing authority or person to whom authority to appoint has been delegated (hereafter referred to as "appointing authority, etc." in this Article) shall discharge an officer, warrant officer, or noncommissioned officer from service when he or she applies for discharge from service before he or she completes the period of compulsory service pursuant to Article 7 (1), or an officer, warrant officer, or noncommissioned officer who wishes to be discharged from service (excluding a staff sergeant appointed without filing an application; hereafter the same shall apply in this Article) pursuant to Article 35 (1) and (2) when he or she falls under any of the following; provided, in cases under subparagraphs 1, 3, and 4, restrictions on discharge from service shall be limited to cases where the degree of corruption is deemed to fall under serious disciplinary action under the latter part of Article 57 (1): <Amended on Apr. 13, 2021>

1. Where he or she is prosecuted for a criminal case in relation to corruption;

2. Where a request for passing a resolution determining disciplinary action is made to the disciplinary committee provided in Article 58-2 for reasons falling under serious disciplinary action;

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 an officer, warrant officer, or noncommissioned officer applies for discharge from service before he or she completes the period of compulsory service pursuant to Article 7 (1) or wishes to be discharged from service pursuant to Article 35 (1) and (2), an appointing authority, etc., shall ascertain with the head of an investigative agency, etc. whether he or she is subject to restrictions on discharge from service under paragraph (1). In such cases, the head of an investigative agency, etc., requested to ascertain shall notify the appointing authority, etc., of the relevant fact within 10 days from the date he or she is requested to ascertain.

(3) Other matters necessary for restrictions on discharge from service before an officer, warrant officer, or noncommissioned officer completes the period of compulsory service and discharge from service at his or her will, shall be prescribed by Presidential Decree.

[This Article Added on Jan. 19, 2016]

Article 39(Deferment of discharge from active service) #

(1) Notwithstanding Article 36, the discharge from active service of a field-grade officer who has attained the retirement age under Article 8 (1), but who falls under any of the following subparagraphs may be deferred by up to three years, subject to deliberation by the discharge review committee:

1. A holder of a doctoral degree;

2. An engineer specializing in precision equipment;

3. A person who is proficient in a foreign language specified by Presidential Decree;

4. A specialized expert, engineer, or technician specified by Presidential Decree, who has expertise or special technique in the area of policy management, electronic computer system, research and development, or special intelligence.

(2) Notwithstanding Article 36, the discharge from active service of a Captain who has been assigned to a technical or professional position specified by Presidential Decree, and who has attained the retirement years for continuous service under Article 8 (1) 2, may be deferred by three years each time until he or she attains the retirement age and then by one year each time for up to three years in total after the retirement age, subject to deliberation by the discharge review committee.

(3) Notwithstanding Article 36, the discharge from active service of a warrant officer or noncommissioned officer who has attained the retirement age or retirement years for continuous service under Article 8 (1) 1 or 2, but who engages in a technical area specified by Presidential Decree as essential to the Armed Forces may be deferred by up to three years, upon deliberation by the discharge review committee.

(4) Notwithstanding Article 36, the discharge from active service of a person who is to be discharged from active service pursuant to this Act and is to be eligible for retirement pension within two years, may be deferred until the day starting from which he or she shall be eligible for receiving the retirement pension, upon deliberation by the discharge review committee.

(5) Where a person subject to the additional service under Article 7 (2) or (5) attains the retirement age, the discharge of such person from active service, may be deferred to the extent of the remaining additional service period, upon deliberation by the discharge review committee.

(6) Notwithstanding Article 8, the discharge of a prisoner of war from active service may be deferred until the person is removed from the military register pursuant to Article 40 (1) 6.

(7) Where a person who falls under Article 6 (3) or (7) applies for deferment of discharge from service because he or she conducts important operations, drill, exercise, etc., notwithstanding Article 36, his or her discharge from service may be deferred for up to three months, following deliberation by the discharge review committee; provided, where grounds for deferment of discharge from service no longer exist, measures for deferment of discharge from service shall be removed immediately. <Added on May 29, 2016>

[This Article Wholly Amended on May 24, 2011]

Article 40(Removal from military register) #

(1) An officer, warrant officer, or noncommissioned officer shall be removed from the military register when any of the following occurs: <Amended on Jun. 11, 2014; Jan. 16, 2018; Jan. 15, 2019; Feb. 20, 2024; Mar. 18, 2025>

1. When he or she dies;

2. When he or she is declared missing;

3. When he or she is expelled from the military;

4. When he or she falls under any subparagraph of Article 10 (2); provided, Article 10 (2) 6 shall only apply where he or she commits a crime falling under any of the following and receives a deferred sentence to the suspension of qualification or a heavier punishment:

(a) A crime provided for in Article 129 through 132 of the Criminal Act;

(b) Crimes falling under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes, Article 74 (1) 2 and 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, subparagraph 2 of Article 2 of the Act on Punishment of Crime of Stalking, subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses, and Article 58 (1) 7 or Article 58-2 (1) of the Narcotics Control Act;

5. When a resolution is adopted to remove him or her from the military register pursuant to Article 37 (2);

6. When a prisoner of war or a missing person falls under grounds specified by Decree of the Ministry of National Defense.

(2) A missing person removed from the military register pursuant to paragraph (1) 6 may be determined as deceased in action, deceased in the line of duty, or deceased on the date of removal from the military register, as prescribed by Decree of the Ministry of National Defense.

(3) When it is found that a missing person who was removed from the military register pursuant to paragraph (1) 6 or (2) is still alive or that a fact exists different from the determination, the determination shall be revoked or amended.

[This Article Wholly Amended on May 24, 2011]

Article 48(Leave of absence) #

(1) When any of the following applies to an officer, warrant officer, or noncommissioned officer, the appointing authority shall order him or her to take a leave of absence: <Amended on Jun. 22, 2015; Jan. 19, 2016>

1. When he or she becomes unable to serve for at least six months due to a mental or physical disorder other than an injury sustained in action or while on duty;

2. When he or she is missing;

3. When she applies for a leave of absence because she needs to receive long-term medical treatment due to sterility or infertility;

4. When he or she applies for a leave of absence because he or she needs medical treatment as a victim of sexual violence under subparagraph 3 of Article 2 of the Sexual Violence Prevention and Victims Protection Act.

(2) When an officer, warrant officer, or noncommissioned officer is indicted (excluding where a summary order is requested) for a case falling under the death penalty, life imprisonment, or long-term imprisonment with labor for at least two years, or imprisonment without labor or is sentenced to imprisonment without labor or a heavier punishment at the first trial, the appointing authority may order him or her to take a leave of absence, either ex officio or at the request of the relevant officer, warrant officer, or noncommissioned officer. <Amended on Jan. 14, 2014>

(3) Where an officer in long-term service, a warrant officer, or a noncommissioned officer in long-term service desires a leave of absence for any of the reasons falling under any of the following subparagraphs, and where an officer in short-term service or a noncommissioned officer in short-term service desires a leave of absence for the reason under subparagraph 4, the appointing authority may order a leave of absence to the extent that it does not impede the performance of duties and personnel management and shall endeavor to secure substitute personnel for the person on leave; provided, where a leave of absence is requested for the reason under subparagraph 4, the appointing authority shall order the leave unless there are special circumstances prescribed by Presidential Decree: <Amended on Jul. 25, 2011; Dec. 20, 2016; Jan. 15, 2019; Apr. 13, 2021; Dec. 3, 2024; Mar. 18, 2025>

1. Where he or she is employed temporarily by an international organization or a foreign institution;

2. Where he or she goes abroad to study at his or her own expense;

3. Where he or she attends a training course in a research institute or an educational institution designated by the competent Chief of Staff at his or her own expense;

4. Where it is necessary to raise a child not older than eight years old or younger than a second grader of elementary school or where it is necessary for a female military person who becomes pregnant or who is expected to give birth to a child;

5. Where it is necessary to support or care for his or her grandparents, parents (including the parents of the spouse), spouse, children, or grandchildren; provided, taking leave for the care of grandparents or grandchildren shall be limited to cases meeting the requirements prescribed by Presidential Decree, such as where no person other than the applicant is available to provide care;

6. Where he or she accompanies his or her spouse who will work, study, or train abroad.

(4) Salary shall be paid to a person who has taken a leave of absence pursuant to paragraphs (1) and (2) during the period of his or her leave of absence in accordance with the following classification, but no salary shall be paid to a person who has taken a leave of absence pursuant to paragraph (3) during the period of his or her leave of absence; provided, if a person who has taken a leave of absence under paragraph (2) is sentenced not guilty, the remainder of his or her salary shall be paid retroactively: <Amended on Jun. 22, 2015; Jan. 19, 2016>

1. A person who takes a leave of absence pursuant to paragraph (1) 1, 3, or 4:

(a) A person the period of which a leave of absence is up to one year: 70/100 of his or her salary;

(b) A person the period of which a leave of absence is more than one year but not more than two years: 50/100 of his or her salary;

2. A person who takes a leave of absence pursuant to paragraph (1) 2 (limited to a person deemed to take a leave of absence because he or she went missing in the line of duty) or (2): 50/100 of his or her salary.

(5) When a person on a leave of absence pursuant to paragraph (2) is sentenced not guilty, the person shall not be treated otherwise unfavorably in promotion or assignment or in applying this Act on the grounds of the leave of absence.

(6) No appointing authority shall treat any person unfavorably in personnel management on the grounds of a leave of absence under paragraph (3) 4.

(7) Where military personnel take a leave of absence for at least six months pursuant to paragraph (3) 4, the vacancy may be filled, deeming that there is an addition to the prescribed number of personnel for the rank of the person on a leave of absence from the date of the leave onward; provided, a vacancy may also be filled where a person takes a leave of absence for at least three months in cases specified by Presidential Decree.

(8) The prescribed number of personnel referred to in paragraph (7) shall be deemed extinct when the first vacancy occurs after the person on a leave of absence is reinstated.

[This Article Wholly Amended on May 24, 2011]

Article 51(Committees for examination of petitions on personnel management) #

(1) The Central Committee for Examination of Petitions on Military Personnel Management and committees for examination of petitions on military personnel management shall be established according to the following classification, to examine petitions under Article 50: <Amended on Dec. 30, 2014; Mar. 21, 2017>

1. Examination of petitions filed by officers and warrant officers: The Central Committee for Examination of Petitions on Military Personnel Management established in the Ministry of National Defense;

2. Examination of petitions filed by noncommissioned officers: A committee for examination of petitions on military personnel management established in the headquarters of each armed force;

3. Examination of petitions filed by enlisted soldiers: A committee for examination of petitions on military personnel management established in a unit commanded by a general-grade officer.

(2) The central committee for examination of petitions regarding military personnel management and each committee for examination of petitions regarding military personnel management (hereinafter referred to as "petitions examination committee") shall be comprised of at least five, but not more than nine, members who fall under any of the following subparagraphs and who have substantial knowledge of military administration. In such cases, at least one member of each committee for examination of petitions regarding military personnel management shall be a noncommissioned officer:

1. A person who has served as a judge, public prosecutor, or attorney-at-law for at least five years;

2. A field-grade officer or a higher-ranking military personnel; provided, in cases of each committee for examination of petitions regarding military personnel management, the foregoing shall be construed as a noncommissioned officer or a higher-ranking military personnel;

3. A person who has served as a judge advocate for at least five years;

4. A person who has served as a Grade IV or higher-ranking public official in an area related to military administration.

(3) Matters necessary for the organization, operation, examination, and determination process of each petitions examination committee and the procedures for filing a petition shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 53-2(Honorable discharge from active service) #

(1) Where a person who has been in military service for not less than 20 years is honorably and voluntarily discharged from active service before his or her age for retirement, he or she can be paid an honorable discharge benefit, within budgetary limits.

(2) Paragraph (1) shall apply mutatis mutandis to the Commandant of the Marine Corps discharged pursuant to Article 19 (4), and persons discharged from active service pursuant to Article 21 (3) or 24-2 (2), whose remaining period until the age for retirement from active service is at least one year. <Amended on Dec. 30, 2014>

(3) With regard to honorable discharge benefits payable to a military person who receives honorable discharge from active service at an age for retirement reduced pursuant Article 8 (3) or (4) to earlier than the age for retirement under paragraph (1) of the same Article, the age for retirement under the same paragraph shall apply to determine eligibility for the payment and the amount of the payment.

(4) Where a person who is paid an honorable discharge benefit falls under any of the following subparagraphs, the head of an agency that paid an honorable discharge benefit pursuant to paragraphs (1) through (3) shall restitute the honorable discharge benefits; provided, in cases falling under subparagraph 2, where he or she has been reappointed as a national public official, the head of the state agency who has reappointed him or her shall restitute such benefit: <Amended on Dec. 18, 2012; Dec. 30, 2014>

1. Where he or she is sentenced to imprisonment without labor or a heavier punishment for a reason which arose during his or her active service;

1-2. Where he or she receives a suspended sentence of imprisonment without labor or a heavier punishment for committing a crime provided in Articles 129 through 132 of the Criminal Act during his or her active service;

1-3. Where he or she is sentenced to a fine of at least three million won and such sentence is confirmed, or receives a suspended sentence of imprisonment without labor or a heavier punishment for committing a crime provided for in Article 355 or 356 of the Criminal Act in relation to his or her duties during his or her active service;

2. Where he or she is reemployed as a public official in career service or other public officials specified by the Rules of the National Assembly, Regulations of the Supreme Court, Rules of the Constitutional Court, Rules of the National Election Commission, or by Presidential Decree;

3. Where he or she receives undue honorable discharge benefit payments or he or she is not entitled to payment on other grounds.

(5) Where the head of the relevant agency is to recover honorable discharge benefit payments under paragraph (4), if the person subject to recovery fails to pay the amount to be recovered by the due date, the amount may be collected in accordance with the examples of compulsory collection of national taxes; provided, if it is deemed practically difficult to collect the amount in arrears, the head of the relevant agency shall entrust the collection to the head of the tax office having jurisdiction over the address of the person subject to collection. <Amended on Dec. 3, 2024>

(6) Matters necessary for the range of persons eligible for payments of an honorable discharge benefit under paragraphs (1) through (3), the amount of such payment, and procedures for the payment thereof, shall be prescribed by Presidential Decree; matters necessary for the amount of honorable discharge benefit payments to be withdrawn under paragraph (4) and procedures for the restitution thereof under paragraph (5), shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of National Election Commission or Presidential Decree. <Amended on Dec. 30, 2014>

[This Article Wholly Amended on May 24, 2011]

Article 54-2(Classification of the deceased) #

(1) Where a person in military service dies or incurs an injury, he or she shall be classified as deceased in action, deceased in the line of duty, deceased in general, wounded in action, wounded in the line of duty, and non-duty-related wounded (hereinafter referred to as “deceased in action, etc.”) in accordance with the following criteria:

1. Deceased in action:

(a) A person who has been deceased due to an engagement with the enemy or hostile action;

(b) A person who has been deceased due to an action to prevent an armed revolt, rebellion, or other disturbance of public peace;

2. Persons in military service who die in the line duty:

(a) Type "I" death in the line of duty: A person who died in the line of duty in which he or she took high risks setting an example for the public;

(b) Type "II" death in the line of duty: A person who died in the line of duty or during a military education and training (including a disease) directly related to the national protection and security or the protection of the lives and property of the people;

(c) Type "III" death in the line of duty: A person who died in the line of duty or during a military education and training (including a disease) not directly related to the national protection and security or the protection of the lives and property of the people;

3. Persons in military service who die for ordinary reasons:

A person who died due to an action that does not fall under subparagraph 1 or 2;

4. Persons in military service wounded in action:

A person wounded due to an engagement with the enemy or an action to suppress an armed revolt or rebellion;

5. Persons in military service injured in the line of duty:

A person injured due to education, training or other official duties;

6. Persons in military service injured not in action nor in the line of duty:

A person injured due to an action not falling under subparagraph 4 or 5.

(2) Where a military person dies during his or her compulsory service period, he or she shall be classified as a public official who died in the line of duty falling under paragraph (1) 2; provided, where a person falls under any ground prescribed by Presidential Decree, such as death by intent or gross negligence or death caused by an unlawful act, the person may be classified as a person who died for ordinary reasons. <Added on Jan. 4, 2022>

(3) Matters necessary for criteria, methods, etc. for specific classification of deceased in action, etc. under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jan. 4, 2022>

[This Article Added on Jun. 22, 2015]

Article 54-3(General committee for examination of combat and non-combat casualties) #

(1) In order to examine matters concerning the death or injury of deceased in action, etc., a general committee for examination of combat and non-combat casualties shall be established in the headquarters of each armed force.

(2) The general committee for examination of combat and non-combat casualties shall be comprised of not less than 13 but not more than 50 members, including one chairperson. In such case, a majority of the members shall be outside experts. <Added on Feb. 4, 2020>

(3) A member of the general committee for examination of combat and non-combat casualties shall be commissioned or appointed by each Chief of Staff from among the following persons: <Amended on Feb. 4, 2020>

1. A person who served or has served as an assistant professor or higher rank in the field of forensic medicine at a school under subparagraph 1 or 3 of Article 2 of the Higher Education Act;

2. A person who served or has served as an associate professor or higher rank for at least three years at a school under subparagraph 1 or 3 of Article 2 of the Higher Education Act;

3. A person who is or has been as a medical specialist under the Medical Service Act for at least six years;

4. A person who holds or held office as a judge, public prosecutor or attorney-at-law for at least six years;

5. A person in military service who is or has been in charge of affairs related to the death or injury of deceased in action, etc.;

6. Other persons with abundant knowledge and experience related to the death or injury of deceased in action, etc.

(4) The chairperson of the general committee for examination of combat and non-combat casualties shall be appointed by each Chief of Staff, from among members. <Amended on Feb. 4, 2020>

(5) A member shall hold office for a term of two years, and may be appointed consecutively only for another term. <Amended on Feb. 4, 2020>

(6) A meeting of the general committee for examination of combat and non-combat casualties shall be comprised of nine members designated by each Chief of Staff at each meeting, including the chairperson. In such cases, the number of members who are outside experts shall be at least five, and four members, excluding the chairperson, shall be comprised of members not designated by each Chief of Staff in the immediately preceding meeting. <Added on Feb. 4, 2020>

(7) The general committee for examination of combat and non-combat casualties shall be opened by the attendance of at least six members designated pursuant to paragraph (6), and shall adopt a resolution with the consent of a majority of the members present. <Added on Feb. 4, 2020>

(8) Other matters necessary for the establishment, organization or operation of the general committee for examination of combat and non-combat casualties shall be prescribed by Presidential Decree. <Added on Feb. 4, 2020>

[This Article Added on Jun. 22, 2015]

[Title Amended on Feb. 4, 2020]

Article 54-4(Re-examination of deceased or wounded in action and death or injury in the line of duty and Central Committee for Examination of Combat and Non-combat Casualties) #

(1) In any of the following cases concerning examinations by a general committee for examination of combat and non-combat casualties, a re-examination shall be made:

1. Where the person concerned or his or her successor to property under the Civil Act claims a re-examination;

2. Where other government agency that has the authority to conduct investigations as prescribed by Presidential Decree makes a recommendation or decision different from the examination made by a general committee for examination of combat and non-combat casualties.

(2) In order to make re-examinations of the death or injury of deceased in action, etc. under paragraph (1), the Central Committee for Examination of Combat and Non-combat Casualties shall be established in the Ministry of National Defense.

(3) The Central Committee for Examination of Combat and Non-combat Casualties shall be comprised of not less than 13 but not more than 80 members, including one chairperson. In such case, at least two-thirds of the members shall be outside experts.

(4) A member of the Central Committee for Examination of Combat and Non-combat Casualties shall be commissioned or appointed by the Minister of National Defense from among the following:

1. A person who served or has served as an assistant professor or higher rank in the field of forensic medicine at a school under subparagraph 1 or 3 of Article 2 of the Higher Education Act;

2. A person who served or has served as an associate professor or higher rank for at least three years at a school under subparagraph 1 or 3 of Article 2 of the Higher Education Act;

3. A person who is or has been as a medical specialist under the Medical Service Act for at least six years;

4. A person who holds or held office as a judge, public prosecutor or attorney-at-law for at least six years;

5. A person in military service who is or has been in charge of affairs related to the death or injury of deceased in action, etc.;

6. A high-ranking public official belonging to the Ministry of National Defense (including a ministerial-level official) in charge of affairs related to the death or injury of deceased in action, etc.;

7. Other persons with abundant knowledge and experience related to the death or injury of deceased in action, etc.

(5) Article 54-3 (4) through (7) shall apply mutatis mutandis to the appointment of the chairperson, the term of office of members and the operation of the Central Committee for Examination of Combat and Non-combat Casualties. In such cases, the "general committee for examination of combat and non-combat casualties" shall be construed as the "Central Committee for Examination of Combat and Non-combat Casualties," and the "each Chief of Staff" as the "Minister of National Defense."

(6) The Central Committee for Examination of Combat and Non-combat Casualties shall conduct a reexamination and adopt a resolution within 120 days from the date on which a request for reexamination under paragraph (1) 1 or a recommendation or decision under subparagraph 2 of that paragraph is made (where there exist unavoidable reasons prescribed by Presidential Decree, from the date on which such reasons cease to exist); provided, where there is a justifiable reason making it difficult to conduct the reexamination or adopt the resolution within such period, the Central Committee for Examination of Combat and Non-combat Casualties may extend the period only once, for up to 30 days, by its resolution.

(7) Where the Central Committee for Examination of Combat and Non-combat Casualties extends the period for reexamination or resolution under the proviso of paragraph (6), it shall notify the deceased in action, etc., and their bereaved family members at least 7 days before the expiration of the reexamination or resolution period under the main clause of that paragraph.

(8) Other matters necessary for the establishment, organization or operation of the Central Committee for Examination of Combat and Non-combat Casualties shall be prescribed by Presidential Decree. <Amended on Jan. 7, 2025>

[This Article Added on Feb. 4, 2020]

Article 56-2(Disciplinary surcharges) #

(1) Where a person who has the authority to take disciplinary actions requests the disciplinary committee to pass a resolution on disciplinary actions against a member of the armed forces pursuant to Article 56, and the cause for such disciplinary action is the acceptance of bribes and entertainment, embezzlement or misappropriation of government funds, he or she shall request the disciplinary committee under Article 58-2 to pass a resolution on the imposition of disciplinary surcharges within five times the amount of bribes and entertainment accepted, the amount of government funds embezzled or misappropriated in addition to the relevant disciplinary actions: <Amended on Apr. 13, 2021>

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 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 disciplinary surcharges has received criminal punishment or fulfilled his or her obligation for compensation, etc. (including where he or she has been subjected to confiscation or punitive collection) under other statutes for reasons falling under any subparagraph of paragraph (1) before the disciplinary committee provided in Article 58-2 passes a resolution to impose disciplinary surcharges or where he or she has paid an amount recoupable or additional amount required to be collected according to recoupment or additional collection procedures under other statutes or regulations, the disciplinary committee shall pass a resolution to impose disciplinary surcharges within the limits adjusted, as prescribed by Presidential Decree. <Amended on Apr. 13, 2021>

(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 58-2 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 Apr. 13, 2021>

(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 delinquent taxes under the National Tax Collection Act; provided, if it is deemed essentially impracticable to collect the delinquent amount, such collection shall be commissioned to the head of the competent tax office. <Amended on 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 58-2 to adopt a resolution to reduce or exempt the relevant disciplinary action surcharge. <Added on Apr. 13, 2021>

[This Article Added on Jun. 11, 2014]

Article 57(Kinds of disciplinary actions) #

(1) Disciplinary actions against officers, warrant officers, and noncommissioned officers shall be classified into heavy disciplinary actions and minor disciplinary actions; heavy disciplinary actions shall be classified into expulsion, dismissal, demotion, and suspension from office and minor disciplinary actions into salary reduction, probation, and reprimand; and each kind of disciplinary measure shall be defined in detail as follows:

1. Expulsion or dismissal means deprivation of the status of an officer, a warrant officer, or a noncommissioned officer;

2. Demotion means degradation of a rank by one rank; provided, no one shall be demoted from an officer to a warrant officer or from a noncommissioned officer to an enlisted person;

3. Suspension from office means that a person continues to hold his or her position but is not permitted to perform his or her duties and is under probation at a specified place, and the period shall not be less than one month but not more than three months. During the period of suspension from office, remuneration shall be reduced by two-thirds;

4. Salary reduction means a reduction of salary by one-third for a period that shall not be less than one month but not more than three months;

5. Probation means that a person having authority over disciplinary actions orders a person to take time to reflect on his or her misconduct at a specified place in a designated military base after daily service for a period that shall not exceed 10 days;

6. Reprimand means investigating misconducts and giving admonitions for the future.

(2) Disciplinary actions against enlisted personnel shall be classified into demotion, education on military discipline, salary reduction, reduction on leave, probation, and reprimand and each kind of disciplinary actions shall be defined in detail as follows: <Amended on Feb. 4, 2020>

1. Demotion means degradation of a rank by one rank;

2. Education on military discipline means an education and training of military spirit and attitude of service, etc. in the institutions prescribed by Decree of the Ministry of National Defense for a period that shall not exceed 15 days;

3. Salary reduction means a reduction of salary by one-fifth for a period that shall not be less than one month but not more than three months;

4. Reduction on leave means a reduction on the fixed number of holidays during the service period, and reduction of holidays shall not exceed five days each time and the total number of such days shall not exceed 15 days;

5. Probation means that a person is barred from performing his or her daily service, except training or education, and shall take time to reflect on his or her misconduct at a specified place for a period that shall not exceed 15 days;

6. Reprimand means investigating misconducts and giving admonitions for the future.

(3) Except as provided in this Act, an order issued under this Act, or other statutes, no military personnel shall be punished by physical confinement. <Added on Feb. 4, 2020>

(4) The grounds for disciplinary action under paragraph (2) shall be prescribed by Decree of the Ministry of National Defense. <Added on Feb. 4, 2020>

[This Article Wholly Amended on May 24, 2011]

Article 58(Persons with authority to take disciplinary actions) #

(1) The Minister of National Defense and the head of each military unit or agency shall have authority over disciplinary actions taken against military personnel under his or her command or supervision as classified in the following: <Amended on Mar. 21, 2017>

1. Disciplinary actions against general-grade officers: The Minister of National Defense, the Chairman of the Joint Chiefs of Staff, and each Chief of Staff;

2. Disciplinary actions against officers, except general-grade officers, warrant officers, noncommissioned officers, and enlisted personnel: Each divisional commander (including each brigade commander), fleet commander, Air Force wing commander, and the head of an equivalent or superior military unit or agency;

3. Minor disciplinary actions against officers, except general-grade officers, and warrant officers and disciplinary measures against noncommissioned officers and enlisted personnel: Each regimental commander, ship commander, Air Force group commander, and the head of a similar military unit or agency;

4. Minor disciplinary actions against noncommissioned officers and disciplinary measures against enlisted personnel: Each battalion commander and the head of a similar military unit or agency;

5. Disciplinary actions against enlisted personnel: Each company commander and the head of a similar military unit or agency.

(2) The Minister of National Defense shall have authority over disciplinary actions against general-grade officers of the Defense Acquisition Program Administration, while the Minister of the Defense Acquisition Program Administration shall have authority over disciplinary actions against officers, except general-grade officers, warrant officers, and noncommissioned officers of the Defense Acquisition Program Administration. <Amended on Mar. 21, 2017>

(3) When a person having authority over disciplinary actions intends to make a disposition of expulsion, dismissal, or demotion, among the disciplinary actions under paragraphs (1) and (2), he or she shall obtain approval from the person specified in one of the following subparagraphs; provided, this shall not apply to cases where the person having authority over disciplinary actions is superior to the appointing authority: <Amended on Mar. 21, 2017>

1. For the expulsion or dismissal of an officer or the demotion of a general-grade officer: The person having authority for appointment;

2. For the expulsion or dismissal of a warrant officer or the demotion of an officer who is not a general-grade officer: The Minister of National Defense;

3. For the expulsion or dismissal of a noncommissioned officer: Each Chief of Staff;

4. For the demotion of an enlisted person: Each regimental commander, ship commander, and Air Force group commander.

(4) The Minister of National Defense may take a disciplinary action against a general-grade officer of the Defense Acquisition Program Administration pursuant to paragraph (2), only when the Minister of the Defense Acquisition Program Administration requests the Minister to take a disciplinary action. Matters necessary for the procedure for requesting a disciplinary measure shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 59(Procedures for disciplinary actions) #

(1) Disciplinary measures, etc. shall be deliberated by the disciplinary committee. <Amended on Jun. 11, 2014; Sep. 1, 2015>

(2) The disciplinary committee shall notify a person subject to deliberation of the date, etc. of deliberation before deliberation, and have a person subject to deliberation attend the meeting and begin deliberation after hearing his or her opinion; provided, this shall not apply where a person subject to deliberation is unable to attend a meeting due to extenuating circumstances. <Added on Feb. 4, 2020>

(3) The disciplinary committee shall give opportunities to the person subject to deliberation on disciplinary actions, etc., to make a sufficient statement in writing or in oral. <Amended on Sep. 1, 2015; Feb. 4, 2020>

(4) The disciplinary committee shall make deliberation or pass a resolution within 30 days from the date a person who has authority to take disciplinary actions requests the disciplinary committee to pass a resolution determining disciplinary actions or a resolution imposing a fine resulting from disciplinary actions (hereinafter referred to as "resolution determining disciplinary actions, etc.") and send the result thereof to a person who has authority to take disciplinary actions and a person subject to deliberation; provided, where an extenuating circumstance exists, it may extend the period for making deliberation or passing a resolution for up to 30 days by its decision. <Amended on Sep. 1, 2015; Feb. 4, 2020>

(5) When a person who has authority to take disciplinary actions has requested the resolution determining disciplinary actions, etc. pursuant to paragraph (4), he or she shall notify a person subject to deliberation thereof in writing stating the following matters: <Added on Feb. 4, 2020>

1. Date of requesting the resolution determining disciplinary actions, etc.;

2. Date on which deliberation by the disciplinary committee is expected to commence; provided, this shall not apply where no date can be expected due to extenuating circumstances;

3. Details of disciplinary actions, etc. requested by a person who has authority to take disciplinary actions;

4. A right for a person subject to deliberation to state or submit his or her opinion before and during deliberation;

5. A right for a person subject to deliberation to receive consultation with an officer for protection of soldier’s human rights under Article 42 of the Framework Act on Military Status and Service and a judge advocate for human rights under Article 59-2 (1);

6. A Procedure where a person subject to deliberation is dissatisfied with a resolution on disciplinary action, etc.;

7. Other matters prescribed by Decree of the Ministry of National Defense for deliberation and resolution on disciplinary actions.

(6) Where a person who has authority to take disciplinary actions receives the result of a resolution determining disciplinary actions, etc., from the disciplinary committee pursuant to paragraph (4), he or she shall take disciplinary actions, etc., within 15 days from that date; provided, where he or she receives notification of an opinion on the legitimacy of the education on military discipline from a judge advocate in charge of the protection of human rights pursuant to Article 59-2 (1), he or she shall take disciplinary actions, etc., within 15 days from that date. <Amended on Sep. 1, 2015; Feb. 4, 2020>

(7) When a person having the authority to take disciplinary actions deems that a resolution passed by the disciplinary committee is light, he or she may make a request for an examination or review to the disciplinary committee established in the military unit or agency superior by two tiers to the person having authority over disciplinary actions, to which a legal officer is assigned, (or the disciplinary committee established in the Ministry of National Defense as regards a resolution adopted by the disciplinary committee established in the Ministry of National Defense) before he or she takes disciplinary actions, etc. In such cases, the person having the authority to take disciplinary actions shall take disciplinary actions, etc., in accordance with the results of the resolution on the examination or review. <Amended on Jun. 11, 2014; Sep. 1, 2015; Feb. 4, 2020>

(8) 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, the person with authority to take disciplinary action shall notify the victim of the results of the relevant disciplinary action taken. <Added on Oct. 31, 2023>

[This Article Wholly Amended on May 24, 2011]

Article 60(Appeal) #

(1) A person who has been subjected to disciplinary actions, etc. may file a complaint with the head of the military unit or agency superior by one tier to the person having the authority to take disciplinary actions, which is under the command of a general-grade officer, within 30 days after receipt of a notice of such measures, etc. with the assistance of the judge advocate for human rights; provided, if the person having the authority to take disciplinary actions is the Minister of National Defense or there is no military unit or agency superior by one tier to the person having the authority to take disciplinary actions, which is under the command of a general-grade officer, such a complaint may be filed with the Minister of National Defense. <Amended on Jun. 11, 2014; Mar. 21, 2017>

(2) Notwithstanding the main clause of paragraph (1), an officer or warrant officer who becomes subject to a heavy disciplinary action may file a complaint with the Minister of National Defense, while a noncommissioned officer who becomes subject to a heavy disciplinary action may file a complaint with the competent Chief of Staff.

(3) Where a member of the armed forces belonging to the Defense Acquisition Program Administration, against whom the Minister of the Defense Acquisition Program Administration has the authority to take disciplinary actions, becomes subject to disciplinary actions, etc., such personnel may file a complaint with the Minister of National Defense. <Amended on Jun. 11, 2014>

(4) When a person who becomes subject to disciplinary actions, etc., and who intends to file a complaint under the main clause of paragraph (1), is transferred to another military unit or agency, he or she shall file the complaint with the head of the military unit or agency superior by one tier to the military unit or agency to which he or she belongs at the time of filing the complaint. In such cases, the head of the military unit or agency superior by one tier shall be a general-grade officer superior to the person who took disciplinary actions, etc. <Amended on Jun. 11, 2014; Mar. 21, 2017>

(5) Deleted. <Feb. 4, 2020>

(6) Upon receipt of a complaint pursuant to any provision of paragraphs (1) through (4), the Minister of National Defense and the head of a military unit or agency may cancel or mitigate the initial disciplinary actions, etc., subject to examination by the complaints examination committee under Article 60-2; provided, he or she shall not impose a disciplinary action heavier than the initial disciplinary actions or impose disciplinary surcharges heavier than the initially imposed surcharges for disciplinary action. <Amended on Jun. 11, 2014>

[This Article Wholly Amended on May 24, 2011]

Article 60-3(Time limitations on grounds for disciplinary actions and imposition of disciplinary surcharges) #

(1) A request for disciplinary resolution, etc. may not be made after the period classified as follows has elapsed from the date on which the grounds for disciplinary action occurred: <Amended on Dec. 3, 2024>

1. Where the grounds for disciplinary action fall under any of the following items: 10 years;

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

(b) Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

(c) Sexual crimes against children and youths 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 of the subparagraphs of Article 56-2 (1): 5 years;

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

(2) Where, on the grounds of defects in the composition of the disciplinary committee, in a disciplinary resolution, etc., or other procedural defects, or on the grounds that the degree of disciplinary action or the amounts of fines resulting from disciplinary action are excessive, the complaints examination committee or a court renders a decision or judgment declaring a disciplinary disposition, etc. null and void or revoking it, a request for disciplinary resolution, etc. may be made again within three months from the date on which such decision or judgment becomes final and conclusive, even if the period under paragraph (1) has elapsed or the remaining period is less than three months. <Amended on Jun. 11, 2014; Dec. 3, 2024>

(3) Where the period under paragraph (1) has already lapsed or the remaining period 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 from the date on which the notice of closing inspections or investigations under Article 83 (3) of the State Public Officials Act is provided.

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Jun. 11, 2014]

Article 62(Provision of grants for additional military service) #

(1) Where the Minister of National Defense deems it necessary to secure excellent military personnel, he or she may select persons who desire to be appointed as an officer or a noncommissioned officer, from among students enrolled in a school at any level established by the Elementary and Secondary Education Act, the Higher Education Act, or other statutes (including technical colleges and educational institutions with degree courses installed), provide them with grants for additional military service, and recruit them as officers or noncommissioned officers after graduation. <Amended on Mar. 21, 2017>

(2) Where a person who has received grants for additional military service under paragraph (1) has his or her selection canceled for a reason attributable to himself or herself, or is discharged or removed from the rolls without serving the additional service period under Article 7 (3) or (4), he or she may be ordered to return all or part of the grants for additional military service paid to him or her, and if he or she fails to return them, performance of the surety obligation may be demanded from his or her surety (including an insurance company that has issued a surety insurance policy under the Insurance Business Act), and if they are not returned, the amount may be collected in accordance with the examples of compulsory collection of national taxes; provided, this shall not apply where there are unavoidable reasons prescribed by Presidential Decree. <Amended on Mar. 21, 2017; Dec. 3, 2024>

(3) Where the Minister of National Defense deems it practically difficult to collect the amount in arrears under the main clause of paragraph (2), he or she shall entrust the collection to the head of the tax office having jurisdiction over the address of the person subject to collection. <Added on Dec. 3, 2024>

(4) Matters necessary for the selection of persons referred to in paragraph (1) and the revocation of the selection, the scope of grants for additional military service, the method of providing such grants, the amount recoverable at the time of non-performance of obligations, etc. shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017; Dec. 3, 2024>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Mar. 21, 2017]

MILITARY PERSONNEL MANAGEMENT ACT

Article 1(Purpose) #

Article 2(Scope of application) #

Article 2-2(Basic principles) #

Article 3(Ranks) #

Article 4(Order of precedence) #

Article 5(Branches of service) #

Article 5-2(Transference) #

Article 6(Classification of service) #

Article 7(Compulsory service period) #

Article 8(Age for retirement from active service) #

Article 9(Appointment) #

Article 10(Grounds for disqualification) #

Article 10-2(Separate sentence of fine) #

Article 11(Appointment of officers) #

Article 11-2(Reserve officer candidates) #

Article 11-3(Grounds for disqualification of officer candidates) #

Article 12(Initial ranks of officers) #

Article 13(Appointing authority and delegation of authority to appoint) #

Article 14(Appointment of warrant officers and noncommissioned officers) #

Article 14-2(Grounds for disqualification of warrant officer candidates or noncommissioned officer candidates) #

Article 15(Limitations on appointment age) #

Article 16(Assignment) #

Article 16-2(Assignment of general-grade officers) #

Article 17(Term of office) #

Article 17-2(Dismissal from position) #

Article 17-3(Appointment of marshals) #

Article 18(Appointment of Chairperson of Joint Chiefs of Staff) #

Article 19(Appointment of Chiefs of Staff) #

Article 20(Appointment of heads of essential departments) #

Article 21(Appointment of heads of branches) #

Article 22(Enhancement of efficiency) #

Article 23(Fairness in opportunities for education) #

Article 23-2(Awards and decorations) #

Article 24(Promotion) #

Article 24-2(Promotion by tenure system) #

Article 24-3(Promotion for continuous service) #

Article 24-4(Honorary promotion) #

Article 25(Authority over promotions) #

Article 26(Minimum service period for promotion) #

Article 27 #

Article 28(Grant of rank for specific position) #

Article 29(Committee for selection of officers eligible for promotion) #

Article 30(Special promotion) #

Article 30-2(Promotion of candidates for promotion of the deceased in action or deceased in the line of duty) #

Article 31(Order of promotion and removal from list of candidates for promotion) #

Article 32(Failure of promotion) #

Article 33(Grant of brevet rank to officers and noncommissioned officers) #

Article 34(Return to original rank) #

Article 35(Discharge from active service upon request) #

Article 35-2(Restrictions on discharge from service by application or at one’s will) #

Article 36(Discharge from active service at retirement age) #

Article 37(Discharge from active service or removal from military register without request) #

Article 38(Discharge review committees) #

Article 39(Deferment of discharge from active service) #

Article 40(Removal from military register) #

Article 41(Retirement from active service) #

Article 42(Transfer to reserve) #

Article 43(Person with authority over discharge from active service and removal from military register) #

Article 44(Guarantee of status) #

Article 45 #

Article 46 #

Article 46-2(Vocational guidance and education) #

Article 46-3 #

Article 46-4(Management of national qualifications for fields of duties of specific skills in armed forces) #

Article 46-5(Revocation of national qualifications for fields of duties in military special technology) #

Article 46-6(Support for acquisition of qualifications by military personnel) #

Article 47 #

Article 47-2 #

Article 47-3(Uniforms and ceremonies) #

Article 48(Leave of absence) #

Article 49(Period of leave of absence) #

Article 49-2(Delegation of authority over leave of absence and reinstatement) #

Article 50(Petition for illegality or unfairness in discharge from active service or removal from military register) #

Article 51(Committees for examination of petitions on personnel management) #

Article 51-2(Relationship to administrative litigation) #

Article 51-3 #

Article 51-4 #

Article 52(Remuneration) #

Article 53(Reimbursement for actual expenses) #