Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on the Control of Military Uniforms and Accouterments and matters necessary for the enforcement thereof.
Article 2(Facility Standards for Manufacturing or Sales Business) #
The standards for facilities for the business of manufacturing or distributing military uniforms or military accouterments (hereinafter referred to as "manufacturing or distribution business") under the former part of Article 3 (1) of the Act on the Control of Military Uniforms and Accouterments (hereinafter referred to as the "Act") shall be as follows: <Amended on Dec. 3, 2014>
1. Manufacturing business: it shall be equipped with facilities necessary for manufacturing military uniforms or military accouterments among presses, sewing machines, embroidery machines, or cutting machines;
2. Distribution business: It shall be equipped with a total floor area of at least 16 square meters (where business is conducted within ancillary facilities, the standards may be relaxed, as prescribed by the commander of the relevant military unit).
Article 3(Procedures for Applying for Permission for Manufacturing or Distribution Business) #
(1) Any person who intends to obtain permission for manufacturing or distribution business pursuant to the former part of Article 3 (1) of the Act shall submit an application for permission prescribed by Decree of the Ministry of National Defense to the Minister of National Defense, along with the following documents: <Amended on Dec. 12, 2023>
1. Facility drawings or facility descriptions for each place of business;
2. The articles of incorporation and the list of executive officers (limited to corporations);
3. Other documents prescribed by Decree of the Ministry of National Defense as necessary for permission for manufacturing or distribution business.
(2) When the Minister of National Defense receives an application for permission pursuant to paragraph (1), he or she shall require a public official in charge to verify a certified copy of the resident registration card of the applicant, a corporation registration certificate (limited to a corporation), a business registration certificate (limited to a corporation), a certificate of business registration, a factory registration certificate (limited to cases where an application for permission for manufacturing business is filed), a building register, and a certificate of local tax payment (limited to a registration and license tax license for a license), by sharing administrative information under Article 36 (1) of the Electronic Government Act; provided, where the applicant does not consent to such verification, he or she shall require the applicant to attach such documents. <Amended on May 4, 2010; Dec. 30, 2013; Dec. 12, 2023>
(3) Upon receipt of an application for permission for manufactured or distributed goods to be used by at least 2 military branches, the Minister of National Defense shall hear the opinions of the Chief of Staff of the relevant military service branch.
Article 4(Procedures for Permission for Modification) #
(1) Where a person who has obtained permission for manufacturing or distribution business (hereinafter referred to as "manufacturer or distributor") intends to obtain permission for modification pursuant to the latter part of Article 3 (1) of the Act, he or she shall submit an application for permission for modification prescribed by Decree of the Ministry of National Defense to the Minister of National Defense, along with the following documents:
1. Certificate of permission;
2. Drawings of facilities and descriptions of facilities for each place of business and manufacturing and distribution business (limited to where facilities of manufacturing or distribution business are changed);
3. Other documents prescribed by Decree of the Ministry of National Defense as necessary for permission for modification of manufacturing or distribution business.
When the Minister of National Defense receives an application for permission pursuant to paragraph (1), he or she shall require a public official in charge to verify a factory registration certificate (limited to cases where an application for permission for manufacturing business is filed), a building register, and a certificate of local tax payment (limited to a registration and license tax license for a license), by sharing administrative information under Article 36 (1) of the Electronic Government Act; provided, where the applicant does not consent to such verification, he or she shall require the applicant to attach such documents.
[This Article Wholly Amended on Dec. 12, 2023]
Article 5(Issuance of Certificates of Permission) #
(1) Where the Minister of National Defense grants permission for manufacturing or distribution business or permission for modification thereof pursuant to Articles 3 and 4, he or she shall issue a certificate of permission to the applicant. In such cases, he or she shall prepare and manage a register of permission regarding the permitted or modified matters.
(2) When a manufacturer or distributor intends to be reissued a certificate of permission because the certificate of permission is lost or worn out, he or she shall submit the certificate of permission (limited to where the certificate of permission is worn out) to the Minister of National Defense.
Article 6(Return of Certificates of Permission) #
(1) Where a manufacturer or distributor falls under any of the following subparagraphs, he or she shall return a certificate of permission to the Minister of National Defense. If he or she falls under subparagraph 3, the successor to the property or his or her relative who resides together (where a corporation is dissolved, the liquidator) shall return the certificate of permission:
1. When the business is closed;
2. When permission is revoked;
3. In case of death (in cases of a corporation, dissolution).
(2) When a person who has been reissued a certificate of permission on the grounds of loss has found the certificate, he or she shall return the old certificate found to the Minister of National Defense.
Article 7(Matters to Be Entered in Manufacturing and Distribution Record Books) #
“Matters specified by Presidential Decree” in Article 6 (1) 4 of the Act means the following:
1. Names of manufactured and distributed items and details of increase or decrease;
2. Inventory of manufactured and distributed items.
Article 8(Submission of Data and Reporting) #
Where the Minister of National Defense requires a manufacturer or distributor to submit a report or data pursuant to Article 10 (1) of the Act, he or she shall do so in writing, specifying the details of the data, the deadline for submission, etc.
Article 9(Delegation of Authority) #
The Minister of National Defense shall delegate the following authority to the Chief of Staff of each military service branch pursuant to Article 11 (1) of the Act:
1. Permission for manufacturing or distribution business and permission for modification thereof under Article 3 of the Act;
2. Revocation of permission for manufacturing or distribution business and suspension of business operations under Article 5 (1) of the Act;
3. Hearings under Article 5 (2) of the Act;
4. Orders to submit reports and data, and inspections and inquiries under Article 10 of the Act;
5. Preparation and management of permission register for manufacturing or distribution business under the latter part of Article 5 (1);
6. Receipt of return of certificates of permission under Article 6.
Article 10(Management of Sensitive Information and Personally Identifiable Information) #
The Minister of National Defense (including persons to whom the authority of the Minister of National Defense has been delegated pursuant to Article 9) may manage information corresponding to criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or data containing resident registration numbers under subparagraph 1 of Article 19 of the same Decree, if it is inevitable to conduct affairs concerning the verification of grounds for disqualification under Article 4 of the Act. <Amended on Dec. 12, 2023>
[This Article Added on Aug. 6, 2014]
[Title Amended on Dec. 12, 2023]]