Article 1(Purpose) #
The purpose of this Act is to prevent unlawful evasion of military service by taking advantage of public office, thereby contributing to voluntary performance of the duty of military service by systematizing the reporting and disclosure of military service records of public servants, candidates for public office, and their spouses and descendants. <Amended on Apr. 13, 2021>
[This Article Wholly Amended on Dec. 14, 2007]
Article 2(Person Obligated to Report) #
A public servant who falls under any of the following subparagraphs (hereinafter referred to as "person obligated to report") shall report (including reporting through an information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply) military service records of persons subject to reporting under Article 3: <Amended on Feb. 29, 2008; Feb. 3, 2009; Dec. 11, 2012; Mar. 23, 2013; May 9, 2014; Dec. 20, 2016; Jul. 26, 2017; Dec. 10, 2019>
1. The President, the Prime Minister, each Member of the National Assembly, the Director and Deputy Directors of the National Intelligence Service, and other national public officials in political service;
2. The head of each local government and members of each local council;
3. Grade IV or higher ranking State public officials in general service (including members in general service of the Senior Executive Service), Grade IV or higher ranking local public officials in general service, and public officials in extraordinary civil service (including those who are members of the Senior Executive Service) whose remuneration is not lower than that for the State and local public officials;
4. Public officials in foreign affairs service with a Class VI or higher position, Grade IV or higher ranking staff members of the National Intelligence Service, and Grade IV or higher ranking public officials in security service of the Presidential Security Service;
5. Judges and public prosecutors;
6. Constitutional research officers in the Constitutional Court;
7. Colonels and higher ranking military officers and Grade II or higher ranking civilian military employees;
8. The president and vice presidents of each university or college, the dean of each graduate school, the dean of each college, the head of each school equivalent to a university or college, and the dean or director of each university or college (including various schools equivalent to a university or college), from among educational public officials, and the superintendent of the office of education and the head of each district office of education of the Special Metropolitan City, each Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province;
9. Police officials of at least the rank of senior superintendent and firefighting officials of at least the rank of fire chief;
10. Senior researchers, senior technical advisers, senior school inspectors, and senior educational researchers assigned to a position equivalent to those in Grade IV or higher ranking public officials in general service;
11. Public officials in a fixed term position under Article 26-5 of the State Public Officials Act and Article 25-5 of the Local Public Officials Act who are appointed to a position otherwise assigned to public officials under any provision of subparagraphs 3 through 7, 9, and 10 or a position equivalent thereto;
12. Persons who are obligated to register their property pursuant to Article 3 (1) 11 or 12 of the Public Service Ethics Act.
[This Article Wholly Amended on Dec. 14, 2007]
Article 3(Persons Subject to Reporting and Military Service Records Subject to Reporting) #
A person obligated to report shall file a report on the following military service records of himself or herself, and his or her spouse (referring to persons prescribed by Presidential Decree, such as those who have completed active duty service during the marriage period with the person obligated to report), and lineal descendants of 18 years of age or older (hereinafter referred to as "person subject to reporting"): <Amended on May 29, 2016; Apr. 23, 2019; Dec. 31, 2019; Apr. 13, 2021>
1. If a person subject to reporting is 18 years of age, facts regarding assignment to the preliminary military service;
2. If a person subject to reporting has attained the age subject to draft physical examination, conscription, or call-up, the year of draft physical examination and facts regarding disposition of military service;
3. If a person subject to reporting has completed, or is deemed to have completed, the service for which he was conscripted or drafted, the following facts:
(a) Area of service;
(b) Military unit or institution for which he is in service;
(c) Rank;
(d) Class and military specialty (applicable to military personnel);
(e) Deleted; <Nov. 28, 2017>
(f) Date of enlistment;
(g) Date of discharge from military service or discharge from draft;
(h) Grounds for discharge from service or release from draft;
4. In the case of persons subject to reporting service, such as active duty, supplementary service, alternative service, and converted service, the following matters:
(a) Area of service;
(b) Military unit or institution for which he is in service;
(c) Rank;
(d) Class and military specialty (applicable to military personnel);
(e) Date of enlistment or assignment;
5. Military service records from the time a person subject to reporting undergoes a draft physical examination under Article 11 of the Military Service Act until the period for compulsory military service under Article 72 of the aforesaid Act expires (including the name of the disease or details of the mental or physical disability at the time the final disposition is made with regard to military service or grounds for the disposition), if the person falls under any of the following items:
Article 4(Reporting Period and Report-Receiving Agency) #
(1) A person obligated to report shall submit a report on military service records of persons subject to reporting as of the day on which he becomes obligated to report, within one month from the day on which he becomes obligated to report, to the agency prescribed by Presidential Decree (hereinafter referred to as "report-receiving agency") as one to which the person obligated to report belongs (including cases where such a report is submitted through an information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply): Provided, That the head of the report-receiving agency may extend the reporting period up to one month by setting a new date of reporting if he or she deems it reasonable to do so, upon receiving an application from a person obligated to report for extending the reporting period due to any unavoidable cause. <Amended on Dec. 14, 2007>
(2) Deleted. <May 17, 2007>
(3) The head of a report-receiving agency shall, upon receiving a report under paragraph (1) or a report on a change under Article 5 (1), notify the Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office (including the head of the competent Military Manpower Branch Office; hereinafter the same shall apply) of the details of the report within one month from the date of receiving the report (including cases where such report is submitted through an information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply), as prescribed by Presidential Decree: Provided, That this shall not apply to persons who have lost the status as a person obligated to report due to retirement or any other reason and persons in whose case the disclosure of military service records is withheld pursuant to Article 8-2 (1) (hereinafter referred to as "person entitled to withhold disclosure of military service records"). <Amended on Dec. 14, 2007>
(4) Where necessary in relation to the verification of a person subject to reporting, the head of a report-receiving agency may request that the Minister of the National Court Administration provide him or her with computerized registration data under Article 11 of the Act on Registration of Family Relations, after obtaining the consent of a person obligated to report. In such cases, the Minister of the National Court Administration, upon receipt of such request, shall comply therewith, unless there is a compelling reason not to do so. <Newly Inserted on Dec. 13, 2022>
Article 5(Reporting on Changes) #
(1) If a person obligated to report falls under any of the following subparagraphs, the person shall submit a report on a change in military service records to the report-receiving agency in January of the next year (or the year in which the person attains 18 years of age in cases under subparagraph 1). In such cases, the proviso of Article 4 (1) shall apply mutatis mutandis to the extension of the reporting period: <Amended on May 29, 2016>
1. The fact that a person subject to reporting is enlisted in the first militia service, if the person attains 18 years of age;
2. Military service records of a person who subsequently becomes subject to reporting due to a change in the familial relationship, if applicable (limited to cases where the change can be verified by the family relation register);
3. A change prescribed by Presidential Decree in military service of a person subject to reporting in the cases of a person entitled to withheld disclosure of military service records.
(2) The Commissioner of the Military Manpower Administration shall verify changes in disclosed military service records of each person obligated to report.
[This Article Wholly Amended on Dec. 14, 2007]
Article 6(Verification of Reported Records) #
(1) The Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office and the head of the report-receiving agency who is responsible for the management of persons entitled to withhold disclosure of military service records may, upon receiving a notice of military service records pursuant to Article 4 (3), verify or investigate whether the information reported by the person obligated to report regarding military service are true.
(2) The head of each relevant agency, including the State and each local government, shall cooperate fully in investigations of information reported regarding military service under paragraph (1).
[This Article Wholly Amended on Dec. 14, 2007]
Article 7(Disposition for Results of Investigations) #
The Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office and the head of the report-receiving agency who is responsible for the management of persons entitled to withhold disclosure of military service records shall file an accusation with the competent investigative agency, if they find, as a result of the investigation of reported information under Article 6, that a violation of Article 12 (1) has been committed: Provided, That an order shall be issued to correct military service records inadvertently omitted or erroneously stated, if any.
[This Article Wholly Amended on Dec. 14, 2007]
Article 8(Disclosure of Military Service Records and Objections thereto) #
(1) The Commissioner of the Military Manpower Administration shall, upon receiving a notice from the head of a report-receiving agency of military service records pursuant to Article 4 (3) (including military service records notified by the head of the competent regional military manpower office pursuant to the aforesaid paragraph), disclose the military service records by publishing the records through the Official Gazette and the web-site of the Military Manpower Administration within one month, and when changes in military service records are discovered as a result of the verification under Article 5 (2), he or she shall disclose such changes in military service records through the Official Gazette and the web-site of the Military Manpower Administration during the month immediately following each quarter: Provided, That if a person is elected through an election under Article 2 of the Public Official Election Act and thus becomes obligated to report, a different date for the disclosure of military service records may be designated as prescribed by Presidential Decree. <Amended on Mar. 17, 2010; Nov. 28, 2017>
(2) The Commissioner of the Military Manpower Administration shall, when he or she intends to disclose military service records pursuant to paragraph (1), allow the person obligated to report to first inspect the records to be disclosed regarding military service through the Internet or other means. In such cases, if the person obligated to report finds an error or omission in the military service records, the person may file an objection thereto with the Commissioner of the Military Manpower Administration during the inspection period.
(3) If a person obligated to report falls under any of the following subparagraphs due to a disease, a mental or physical disorder, or a ground for disposition that are prescribed by Presidential Decree, the person may request non-disclosure of the name of the disease, details of the mental or physical disorder, or the ground for disposition when he files an application for issuing a certificate of military register or a report on military service records or a change in such records. In such cases, the Commissioner of the Military Manpower Administration shall not disclose the name of the disease, details of the mental or physical disorder, or the ground for disposition: <Amended on May 29, 2016>
1. Where he is enlisted in the second militia service;
2. Where he was exempted from military service.
(4) If changes in military service records of a person obligated to report, which are discovered as a result of a verification under Article 5 (2), include the name of disease, details of mental or physical disorders, or grounds for disposition that the person obligated to report may request not to disclose as prescribed by Presidential Decree, the Commissioner of the Military Manpower Administration shall not disclose the name of disease, details of mental or physical disorders, or grounds for disposition: Provided, That this shall not apply where a person obligated to report requests disclosure.
Article 8-2(Withholding of Disclosure of Military Service Records) #
(1) The Commissioner of the Military Manpower Administration may decide not to disclose military service records of a person who falls under any of the following subparagraphs, if it is necessary to maintain confidentiality because the person is engaged in an area of national security or national defense: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>
1. Grade I through IV Staff members of the National Intelligence Service;
2. Brigadier generals and Colonels;
3. Grade I through IV public officials in security service of the Presidential Security Service.
(2) Military service records of persons entitled to withhold disclosure of military service records under paragraph (1) shall be controlled by the head of the competent report-receiving agency, as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 14, 2007]
Article 9(Reporting and Disclosure of Military Service Records of Candidates for Public Official Elections) #
(1) A person who intends to become a candidate for an election under Article 2 of the Public Official Election Act (referring to the recommending political party in cases of proportional representative members; hereinafter referred to as "candidate for election of public officials") and file for registration of the candidacy for the election shall file a written report on military service records under Article 3 as of one month before the date of registration.
(2) When a candidate for a public official election files a report on military service records under paragraph (1), the candidate shall submit certificates of military register of persons subject to reporting, issued by the head of each Regional Military Manpower Office (referring to a certificate of service issued by the commanding officer of the military unit or the head of the institution in service in cases of a person who is currently in service) together with the report.
(3) When the competent election commission of the electoral district gives public notice of registered candidates, it shall disclose military service records reported in accordance with paragraph (1). In such cases, Article 8 (3) shall apply mutatis mutandis. <Amended on Mar. 17, 2010; Nov. 28, 2017>
(4) The chairperson of the competent election commission of the electoral district shall notify the Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office of military service records of each successful candidate (referring to changes after the date of reporting in military service records in cases of a successful candidate who succeeds to the seat of a proportional representative member) within one month after his election is confirmed, as prescribed by Presidential Decree.
(5) Once the chairperson of the competent election commission of the electoral district gives a notice of military service records pursuant to paragraph (4), the person obligated to report shall be deemed to have fulfilled his duty to report under Article 4.
(6) The forms of reports, the method of disclosure, and other necessary matters shall be prescribed by Rule of the National Election Commission.
[This Article Wholly Amended on Dec. 14, 2007]
Article 10(Reporting and Disclosure of Military Service Records of Candidates for Public Office) #
(1) Where a motion for appointment, etc. of a candidate for public office under Article 2 of the Personnel Hearing Act is submitted to the National Assembly, the relevant candidate for public office shall report in writing on military service records under Article 3, as of one month before the presentation date of the motion for appointment, etc. In such cases, Article 9 (2) shall apply mutatis mutandis. <Amended on Nov. 28, 2017>
(2) The Speaker of the National Assembly shall disclose military service records reported in accordance with paragraph (1) before deliberating on a motion for appointment, etc. In such cases, Article 8 (3) shall apply mutatis mutandis. <Amended on Mar. 17, 2010; Nov. 28, 2017>
(3) The Speaker of the National Assembly shall notify the Commissioner of the Military Manpower Administration of the relevant military service records within one month from the day a motion for appointment, etc. is passed and a candidate for public office becomes a person obligated to report. In such cases, the person obligated to report shall be deemed to have fulfilled his duty to report under Article 4. <Amended on Nov. 28, 2017>
(4) The forms of reports, the method of disclosure, and other necessary matters shall be prescribed by the National Assembly Regulations.
[This Article Wholly Amended on Dec. 14, 2007]
[Title Amended on Nov. 28, 2017]
Article 11(Verification of Military Service Records) #
(1) The Speaker of the National Assembly or the chairperson of the competent election commission of the electoral district may, if necessary, request the Commissioner of the Military Manpower Administration or the head of the competent regional military manpower office to verify military service records reported in accordance with Article 9 or 10.
(2) The Commissioner of the Military Manpower Administration or the head of each regional military manpower office shall, upon receiving a request under paragraph (1), investigate the records and notify the Speaker of the National Assembly or the chairperson of the competent election commission of the electoral district of results of his or her investigation.
(3) Article 6 shall apply mutatis mutandis to an investigation under paragraph (2).
[This Article Wholly Amended on Dec. 14, 2007]
Article 12(Duty of Honest Reporting) #
(1) A person obligated to report (including a candidate for election of public officials under Article 9 and a candidate for public office under Article 10; the same shall apply hereafter in this Article) shall not intentionally omit any person subject to reporting under Article 3 or make a misrepresentation in reporting military service records.
(2) Every person obligated to report shall respond in good faith to investigations conducted by the Commissioner of the Military Manpower Administration or similar authorities into military service records.
[This Article Wholly Amended on Dec. 14, 2007]
Article 13(Confidentiality) #
A person who engages, or has engaged in affairs related to reporting and disclosure of military service records or any other person shall not divulge military service records which is not disclosed to the public but becomes known to him or her in the scope of his or her duties, to a third person nor shall provide such data to a third person.
[This Article Wholly Amended on Dec. 14, 2007]
Article 14(Preservation Period of Data) #
The preservation period of data submitted pursuant to this Act shall be prescribed by Presidential Decree, notwithstanding other statutes and regulations.
[This Article Wholly Amended on Dec. 14, 2007]
Article 15(Agency in Charge of Planning and General Affairs) #
The Commissioner of the Military Manpower Administration shall be responsible for planning and overall control of the reporting and disclosure of military service records under this Act.
[This Article Wholly Amended on Dec. 14, 2007]
Article 16(Delegation Provisions) #
In addition to matters prescribed by rule of the National Assembly or by Rule of the National Election Commission in regard to the enforcement of this Act, other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 14, 2007]
Article 17(Crime of Non-Fulfillment of Duty to Report) #
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 9, 2014>
1. A person who fails to fulfill his duty to report, in violation of Article 4 (1), 9 (1), or 10 (1);
2. A person who intentionally omits a person subject to reporting or who makes a false representation in reporting military service records, in violation of Article 12 (1);
3. A person who divulges to any other person or provides documents, in violation of Article 13.
(2) A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than six months, or by a fine not exceeding five million won:
1. A person who fails to file a report on a change, in violation of Article 5;
2. A person who fails to respond to an investigation, in violation of Article 12 (2);
3. Deleted. <May 9, 2014>
[This Article Wholly Amended on Dec. 14, 2007]