ENFORCEMENT DECREE OF THE ACT ON THE MANAGEMENT OF MILITARY SUPPLIES

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ENFORCEMENT DECREE OF THE ACT ON THE MANAGEMENT OF MILITARY SUPPLIES — 법갈피

Article 4(Delegation of military supplies management affairs) #

(1) When the heads of national defense agencies (hereinafter referred to as "national defense agencies"), the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps under Article 2 of the Act delegate to the public officials belonging thereto the affairs related to management of military supplies, or have such officials conduct such affairs on their behalf, or take partial charge thereof under Articles 6(2) and 7 of the Act, they shall report to the Minister of National Defense on the names, ranks, and titles of the public officials concerned, and the scope of affairs delegated, conducted on their behalf, or taken partial charge of, as prescribed by Decree of the Ministry of National Defense, and the Minister of National Defense shall notify the Board of Audit and Inspection thereof. In such cases, the Commander of the Marine Corps shall report to the Minister of National Defense via the Chief of Naval Operations. <Amended on Oct. 10, 2011>

(2) When the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps delegate to the public officials belonging to other central government agencies affairs related to the management of munitions, or have such officials conduct such affairs on their behalf or take partial charge thereof under Articles 6 (2) and 7 of the Act, they shall do so after obtaining prior consent from the heads of such central government agencies, via the Minister of National Defense (The Commander of the Marine Corps shall do so via the Chief of Naval Operations before the Minister of National Defense), about the names, ranks, and titles of the public officials concerned, and the scope of affairs delegated, conducted on their behalf or taken partial charge of, as prescribed by Decree of the Ministry of National Defense, and the Minister of National Defense shall notify the Board of Audit and Inspection thereof. <Amended on Oct. 10, 2011>

(3) When the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps delegate to the public officials belonging to other national defense agencies or armed forces the affairs concerning the management of the munitions, or have such officials conduct them on their behalf or take partial charge thereof under Articles 6 (2) and 7 of the Act, they shall do so after obtaining prior consent from the heads of such central national defense agencies or the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps about the names, ranks, and titles of the public officials concerned, and the scope of affairs delegated, conducted on their behalf or taken partial charge thereof, as prescribed by Decree of the Ministry of National Defense and make a report thereof to the Minister of National Defense, and the Minister of National Defense shall notify the Board of Audit and Inspection thereof. In such cases, the Commander of the Marine Corps shall report to the Minister of National Defense via the Chief of Naval Operations. <Amended on Oct. 10, 2011>

(4) If the head of a national defense agency is the Minister of National Defense in cases under paragraph (3), a procedure for consent can be replaced by giving notice on matters prescribed in paragraph (3) to the head of the relevant national defense agency, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps. <Amended on Oct. 10, 2011>

(5) Where the heads of national defense agencies, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps intends to designate a specific position under Articles 9 (3) and 12 (3) of the Commodity Management Act to delegate to a person in the position the affairs concerning the management of military supplies, or have such person act on their behalf, they shall undergo the procedures for consent, notification and notice pursuant to paragraphs (1) through (4) in relation to the position they intend to designate and the scope of affairs to be delegated, or conducted on their behalf or partially taken charge of.

[This Article Wholly Amended on Sep. 29, 2009]

Article 25-2(Entrustment of management and operation of ammunition demilitarization facilities) #

(1) Pursuant to Article 13-2(4) of the Act, the Minister of National Defense shall entrust the management and operation of ammunitions demilitarization facilities to a business entity designated and publicly announced by the Minister of National Defense from among the business entities which have obtained permission to manufacture military explosives under Article 66(1)1 of the Enforcement Decree of the Defense Acquisition Program Act.

(2) A person who intends to be entrusted with the management and operation of ammunitions demilitarization facilities under paragraph (1) shall submit the following documents, etc. to the Minister of National Defense:

1. A copy of the written permit to manufacture military explosives under Article 66(1)1 of the Enforcement Decree of the Defense Acquisition Program Act;

2. A written plan for disposing of scrapped ammunitions;

3. A statement of the estimation of expenses accruing from the management and operation of ammunitions demilitarization facilities;

4. A written plan for the implementation of matters to comply with obligations prescribed by the Acts and subordinate statutes related to the environment;

5. Other documents prescribed by the Minister of National Defense.

(3) The Minister of National Defense may conduct regular or temporary safety inspections over a business entity which has been entrusted with the management and operation of ammunitions demilitarization facilities under paragraph (1) in compliance with the standard for demilitarization of ammunitions under Article 13-2(2) of the Act, and may, if deemed necessary for the correction or supplementation thereof based on the results of an inspection, require the relevant business entity to take a corrective or supplementary measure.

(4) Upon a request to correct or supplement pursuant to paragraph (3), the relevant business entity shall take necessary measures and report the outcomes thereof to the Minister of National Defense.

(5) Necessary measures concerning the detailed criteria, procedures, etc. for the entrustment of management and operation of ammunitions demilitarization facilities shall be determined and publicly announced by the Minister of National Defense.

[This Article Added on Oct. 10, 2011]

[Previous Article 25-2 moved to Article 25-3 <Oct. 10, 2011>]

Article 28(Cases of free-of-charge lease) #

Cases where military supplies may be leased free of charge to persons shall be any of the following cases: <Amended on Jan. 12, 2015>

1. Where an agreement is made to lease military supplies free of charge under a contract for the manufacture, repair, and other construction of military supplies under Article 14(1) of the Act;

2. Where training for reserve soldiers or military training for other persons are conducted; provided, this shall be limited to guns and fire arms, ammunitions, military equipment, bedding, clothing, and machinery and parts for training;

3. Where it is necessary for the Korea Veterans Association, the Korea Disabled Veterans Association, the Korea War Dead Soldiers and Policemen Bereaved Family Association, or the Korea War Dead Soldiers and Policemen Widows Association to create welfare programs for its members; provided, this shall be limited to military equipment;

4. Where it is necessary for the operation of a store and other welfare facilities within barracks; provided, this shall be limited to machinery and parts and instruments necessary for such facilities;

5. Where it is necessary for the propagation and distribution of State policies and national defense ideologies; provided, this shall be limited to printed matter, photographs, radio, loudspeakers, movie projectors, guns and fire arms, and military equipment;

6. Where a lease of military supplies is necessary for education, experiment, or research for the development of military;

7. Where it is necessary for the restoration of disasters or emergency relief projects for victims; provided, this shall be limited to bedding, clothing, food, machinery, instruments, and military equipment;

8. Where it is necessary for the creation of an industrial base or quarantine projects in accordance with the policies of the State or a local government, and other projects to enhance the public interests; provided, this shall be limited to military equipment and medicines;

9. Where a lease of ammunition is necessary for a trial run of military equipment before exporting;

10. Where a lease of ammunition is necessary for enhancing the export of ammunition in accordance with the policies of the State.

[This Article Wholly Amended on Sep. 29, 2009]

Article 37(Follow-up reports on inventory adjustment) #

(1) When the heads of national defense agencies other than the Minister of National Defense, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers, make a follow-up report on the inventory adjustment to the Minister of National Defense under Article 19 of the Act, they shall submit, to the Minister of National Defense, a report on the inventory adjustment stating the following matters with a comprehensive assessment on the inventory adjustment of military supplies and other documents prescribed by Decree of the Ministry of National Defense. In such cases, the Commander of the Marine Corps shall submit them to the Minister of National Defense via the Chief of Naval Operations: <Amended on Oct. 10, 2011; Jul. 2, 2019>

1. Types of items subject to an inventory inspection;

2. Book balances and their values by each type as of the date of the inventory inspection;

3. Increases or decreases and their values by type discovered as a result of an inventory inspection;

4. Present quantities and their values by type after an inventory adjustment;

5. Accuracy of an inventory management (comparison of the total amount by type with the amount of increases or decreases).

(2) Where a commodities management officer makes a follow-up report on the inventory adjustment to the Minister of National Defense pursuant to paragraph (1), the officer shall do so via the head of the national defense agency (excluding the Minister of National Defense) to which the officer belongs, the Chiefs of Staff of the respective armed forces, or the Commander of the Marine Corps. <Added on Oct. 10, 2011>

(3) The heads of national defense agencies other than the Minister of National Defense, the Chiefs of Staff of the respective armed forces, the Commander of the Marine Corps, or commodities management officers, shall, where there are any increase or decrease in the number of items (hereinafter referred to as "debtor and creditor items") exceeding the limits prescribed by the Minister of National Defense, append the detailed statement of debtor and creditor items to the report on the inventory adjustment under paragraph (1), as prescribed by Decree of the Ministry of National Defense. <Amended on Oct. 10, 2011>

[This Article Wholly Amended on Sep. 29, 2009]

Article 42(Recording and report of damage and loss) #

(1) A commodities accounting official or a commodities operating officer shall, where the official or officer has lost or damaged the military supplies that are under their custody or are being used in accordance with the purpose and use of the national affairs, report the facts without delay to a commodities management officer.

(2) A contracting official shall, where they have leased or had military supplies supplied by the Government according to a contract concerning the manufacture, repair and other construction of military supplies under Article 14(1) of the Act or Article 44 of the Commodity Management Act and have damaged or lost such military supplies, without delay report the facts to a commodities management officer.

(3) A commodities management officer in receipt of a report or notification under paragraph (1) or (2) shall confirm the details thereof and then enter the facts of damage and loss in the related books and adjust the present quantities and amounts.

(4) A commodities management officer shall report any of the following cases to the head of the national defense agency or the Chief of Staff of the respective armed forces the officer belongs to, as prescribed by Decree of the Ministry of National Defense:

1. Where it is discovered that the commodities management officer has damaged or lost military supplies that the officer manages or delegates with their management;

2. Where a commodities managing official conducts the management activities of military supplies, in violation of Acts and subordinate statutes;

3. Where a commodities managing official admits that his or her failure to conduct the management activities of military supplies under Acts and subordinate statutes has inflicted a loss on the State.

(5) Whenever the heads of national defense agencies or the Chiefs of Staff of the respective armed forces, other than the Minister of National Defense, receive a report under paragraph (4), they shall report it to the Minister of National Defense, as prescribed by Decree of the Ministry of National Defense.

(6) Article 13(4) shall be applied mutatis mutandis to a notification under paragraph (2).

[This Article Wholly Amended on Sep. 29, 2009]

ENFORCEMENT DECREE OF THE ACT ON THE MANAGEMENT OF MILITARY SUPPLIES

Article 1(Purpose) #

Article 1-2(Classification of military supplies) #

Article 2(Management of war reserve items) #

Article 3(Classification of military supplies) #

Article 3-2(Standardization of military supplies) #

Article 4(Delegation of military supplies management affairs) #

Article 5(Delegation of affairs concerning receipt and disbursement, custody or use of military supplies) #

Article 6(Qualifications and financial guarantee of commodities management officers) #

Article 7(Procurement plans) #

Article 8(Approval for transfer of management) #

Article 9(military supplies requiring no approval for transfer of management by heads of national defense agencies, Chiefs of Staff of respective armed forces, or Commander of Marine Corps) #

Article 10(Military supplies requiring no approval for transfer of management by Minister of National Defense) #

Article 11(Cases where transfer of management not made at a price) #

Article 12(Consideration where transfer of management made at a price) #

Article 12-2(Inventory management) #

Article 12-3(Maintenance of military supplies) #

Article 12-4(Management of military supplies used in common) #

Article 13(Procurement requests for acquisition) #

Article 14(Acquisition by means other than procurement) #

Article 15 #

Article 16(Requests and receipts and disbursements of military supplies) #

Article 17(Specifying user of military supplies) #

Article 18(Requests for storage measures) #

Article 19(Order for receipt and disbursement) #

Article 20(Receipt and disbursement) #

Article 21(Report on storage status) #

Article 22(Requests for measures for repair or remodeling) #

Article 23(military supplies that commodities management officer may determine to be unserviceable) #

Article 24(Application for approval for decisions on disuse) #

Article 25(Standards for decisions on disuse and disposition for scrapping) #

Article 25-2(Entrustment of management and operation of ammunition demilitarization facilities) #

Article 25-3(Cases where scrapping of ammunitions at ammunitions demilitarization facilities is inappropriate) #

Article 26(Requests for measures for lease or transfer) #

Article 27(Application for approval of lease or transfer) #

Article 28(Cases of free-of-charge lease) #

Article 29(Cases where munitions are allowed to be transferred free of charge) #

Article 30(Cases requiring approval of Minister of National Defense for lease or transfer) #

Article 31(Procedures of lease and transfer) #

Article 32(Procedures of approval necessary for exchanges) #

Article 33(Inventory inspections) #

Article 34(Cycle of inventory inspections) #

Article 35(Procedures for inventory adjustment) #

Article 36(Limits to inventory adjustment) #

Article 37(Follow-up reports on inventory adjustment) #

Article 38(Other methods of inventory inspections) #

Article 39(Military supplies that may be disposed of as natural wear and tear and rate of natural wear and tear) #

Article 40(Report on natural wear and tear below rate of wear and tear) #

Article 41(Report on natural wear and tear above rate of wear and tear) #

Article 42(Recording and report of damage and loss) #

Article 43(Notification of damage and loss) #

Article 44(Measures of guarantee against risks of damage and loss of government-supplied munitions) #

Article 45(Return rates of government-supplied munitions) #

Article 46(Notification on return rate) #

Article 47(Requests for judgment) #

Article 48(Preparation of commodities management and operation reports) #

Article 49(Commodities to be applied mutatis mutandis by Act) #

Article 50(military supplies to which some provisions of the Acts shall not apply) #

Article 51(Submission of inspection reports of war reserve items) #

Article 52(War Reserve Items Inspection Committee) #

Article 53(Composition of Inspection Committee) #

Article 54(Duties of chairperson) #

Article 55(Meetings) #

Article 56(Reporting) #

Article 57(Administrative secretary) #

Article 58(Operational regulations) #

Article 59(Matters to be deliberated by Inspection Committee) #

Article 60(Confirmation of settlement of accounts) #

Article 61(Execution of inspection) #

Article 62(Time of inspection on war reserve items) #

Article 63(Order for correction) #

Article 64 #