ENFORCEMENT DECREE OF THE MILITARY PERSONNEL MANAGEMENT ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters necessary for the enforcement of the Military Personnel Management Act.

[This Article Wholly Amended on Jan. 31, 2012]

Article 2(Order of precedence) #

(1) The order of precedence of military personnel shall be governed by Article 4 of the Military Personnel Management Act (hereinafter referred to as the "Act") and by the following order:

1. The order of precedence of cadets of military academies and officer candidates shall follow that of warrant officers and the order of precedence of noncommissioned officer candidates shall follow that of noncommissioned officers;

2. Among those of the same rank, the one scheduled for promotion to the next higher rank under Article 36 shall take precedence and next shall follow the date of promotion to that rank;

3. Where the order under subparagraph 2 is the same, the order shall be determined by the date of promotion to the next lower rank, and if that order is also the same, by the date of promotion to a still lower rank, and if the order cannot be determined thereby, by the date of appointment. In such cases, where the date of appointment is the same, the Chief of Staff of the Army, the Navy, or the Air Force (hereinafter referred to as the "Chief of Staff") shall determine the order.

(2) The order of ranks provided for in Article 4 of the Act shall include temporary ranks, but temporary ranks shall not be included in the order of precedence under paragraph (1)2 and 3.

(3) Notwithstanding paragraph (1)2 and 3, the order of precedence of the Chief of Staff shall be higher than that of general-grade officers of the other armed forces (excluding the Chiefs of Staff). <Added on Jun. 25, 2019>

(4) A branch chief appointed under Article 21 of the Act shall have the highest order of precedence among the officers serving in the relevant armed force and branch. <Amended on Jun. 25, 2019>

(5) The order of precedence of noncommissioned officers and enlisted soldiers shall be determined by the Chief of Staff. <Amended on Jun. 25, 2019>

[This Article Wholly Amended on Jan. 31, 2012]

Article 2-2(Branches of service) #

(1) The basic branches of service under Article 5(2) of the Act shall be classified as follows: <Amended on Jan. 12, 2016; Sep. 5, 2017; Jun. 25, 2019; Feb. 4, 2020; Jan. 30, 2024>

1. Army: Infantry, Armor, Artillery, Air Defense, Intelligence, Engineers, Information and Communications, Aviation, Chemical, Ordnance, Quartermaster, Logistics, Personnel, Military Police, Finance, Psychological Operations, and Supply;

2. Navy: Ship, Aviation, Intelligence, Information and Communications, Ordnance, Supply, Engineers, Shipbuilding, Finance, Psychological Operations, and Military Police; provided, the Marine Corps shall be classified into Infantry, Artillery, Armor, Aviation, Intelligence, Engineers, Information and Communications, Supply, Finance, Psychological Operations, and Military Police;

3. Air Force: Pilot, Air Control, Air Defense Artillery, Intelligence, Supply, Information and Communications, Weather, Engineers, Finance, Psychological Operations, Military Police, and Personnel and Education.

(2) The Minister of National Defense may, when necessary in wartime, armed conflict, or other national emergency, newly establish, abolish, or merge some of the basic branches of service.

[This Article Added on Jul. 18, 2014]

Article 3(Screening for conversion to long-term service of short-term service officers or noncommissioned officers) #

(1) A short-term service officer or a short-term service noncommissioned officer who desires long-term service or an extension of the service period under Article 6(4) and (8) of the Act shall submit an application for long-term service or an application for extension of the service period and shall undergo the prescribed screening. In such cases, the extended period of service of a short-term service member may be determined in units of 1 year, based on the expiration date of the mandatory service period. <Amended on Feb. 4, 2020>

(2) The screening under paragraph (1) shall be conducted based on physical conditions, age, career, service performance, and military education courses and their results, and where necessary, an interview or written examination may be conducted; provided, a person who has made a distinguished contribution in combat or who has completed the officer candidate course or the Reserve Officers' Training Corps officer candidate course under Article 57(2) of the Military Service Act with excellent results and desires long-term service may be exempted from part of the screening.

(3) Detailed matters concerning the screening under paragraph (2) shall be prescribed by Decree of the Ministry of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

[Title Amended on Feb. 4, 2020]

Article 4(Service of short-term service officers) #

A short-term service officer and a short-term service noncommissioned officer who have failed to pass the screening under Article 3 shall not be allowed to serve beyond the mandatory service period.

[This Article Wholly Amended on Jan. 31, 2012]

Article 5(Application for discharge of long-term service officers) #

(1) Where a long-term service officer, a warrant officer engaged in an essential technical field of the armed forces, or a long-term service noncommissioned officer applies for discharge before the expiration of the mandatory service period pursuant to the provisos of subparagraphs 1, 2, 5, and 6 of Article 7(1) of the Act, he or she shall submit an application for discharge to the Chief of Staff by September 30 of the year preceding the year in which he or she may once apply for discharge; provided, in the case of a long-term service noncommissioned officer engaged in an essential technical field of the armed forces, the application for discharge shall be submitted to the general-grade commanding officer to whom the appointing authority is delegated pursuant to Article 13(3) of the Act. <Amended on Sep. 5, 2017; Sep. 18, 2025>

(2) Upon receipt of an application for discharge under paragraph (1), the Chief of Staff (or the general-grade commanding officer to whom the appointing authority of long-term service noncommissioned officers is delegated) shall conduct a discharge review, taking into account the status of military personnel management. <Amended on Sep. 5, 2017>

(3) The decision on whether to grant discharge and the time of discharge for a person who has submitted an application for discharge pursuant to paragraph (1) shall be made by the person with authority over discharge in accordance with Article 43(1) of the Act.

[This Article Wholly Amended on Jan. 31, 2012]

Article 5-2(Scope of persons engaged in essential technical fields of the armed forces) #

A warrant officer or a long-term service noncommissioned officer engaged in essential technical fields of the armed forces under the provisos of subparagraphs 5 and 6 of Article 7(1) of the Act shall be a warrant officer or a long-term service noncommissioned officer who is engaged in the fields prescribed in subparagraphs 1 through 4 and 6 through 10 of Appendix 5 and who meets the criteria prescribed by the Chief of Staff. <Amended on Jun. 17, 2013>

[This Article Wholly Amended on Jan. 31, 2012]

Article 6(Calculation of periods of active service) #

(1) In calculating the compulsory service period prescribed in Article 7 of the Act and the retirement years for continuous service prescribed in Article 8(1)2 of the Act, the calculation shall begin on the date of appointment as an officer, a warrant officer, or a noncommissioned officer and shall include the date of discharge. In such cases, the periods of service as an officer, a warrant officer, and a noncommissioned officer shall not be aggregated.

(2) In calculating the rank retirement years prescribed in Article 8(1)3 of the Act, the calculation shall begin on the date of appointment or promotion to the relevant rank; provided, where a person has been demoted, the period previously served in the demoted rank shall be aggregated, while the period served in the rank before demotion shall not be included.

(3) The active service retirement year of a person included in the promotion list under Article 36 shall be determined on the basis of the rank to which he or she is to be promoted.

(4) The following periods shall not be included in the compulsory service period under Article 7(1) of the Act; provided, where a person on leave pursuant to Article 48(2) of the Act is acquitted, the period of leave shall be included in the compulsory service period:

1. Period of desertion or unauthorized absence;

2. Period of leave or suspension from duty;

3. Period of detention.

(5) The periods under the subparagraphs of paragraph (4) shall be included in the period of service for the calculation of the retirement years for continuous service and the rank retirement years under Article 8(1) of the Act; provided, where a person who has been temporarily employed by an international organization or a foreign institution and placed on leave under Article 48(3)1 of the Act falls under any of the following subparagraphs, the initial period of leave due to employment by the international organization or foreign institution (limited to 1 year if the period of leave exceeds 1 year) may retroactively be excluded from the calculation of the period of service (limited to 1 exclusion):

1. Where he or she is reemployed by the relevant international organization or foreign institution and reaches the rank retirement years or the retirement years for continuous service during the initial period of leave due to employment by the relevant international organization or foreign institution;

2. Where he or she is reemployed by the relevant international organization or foreign institution and reaches the rank retirement years or the retirement years for continuous service during the period of leave due to such reemployment.

[This Article Wholly Amended on Jan. 31, 2012]

Article 7(Education period) #

The education period of a person who has received commissioned education abroad under Article 7(2)1 of the Act shall be deemed to be the education period or the secondment period.

[This Article Wholly Amended on Jan. 31, 2012]

Article 7-2(Reappointment examination for professors or medical and dental officers) #

(1) Where the Minister of National Defense intends to conduct examination for reappointment of professors or a screening for reappointment of medical and dental officers under the proviso of Article 8(2) of the Act (hereinafter referred to as "reappointment examination"), he or she shall select candidates for reappointment examination by March 31 of the relevant year and notify the candidates thereof. <Amended on Dec. 30, 2013>

(2) The Minister of National Defense shall conduct the reappointment examination through deliberation by the reappointment examination committee under Article 7-3 and shall decide whether to reappoint the professors or medical and dental officers. <Amended on Dec. 30, 2013>

(3) The Minister of National Defense shall conduct the reappointment examination of each candidate for reappointment examination according to objective criteria concerning the following matters, as applicable: <Amended on Dec. 30, 2013>

1. Professor reappointment examination:

a. Educational achievements;

b. Research achievements;

c. Other contributions to national defense policy and the development of the relevant school, and qualifications and character as a professor;

2. Medical and dental officer reappointment examination:

a. Clinical achievements;

b. Service performance evaluation;

c. Other contributions to national defense medical policy and the development of the relevant specialized field, and qualifications and character as a medical or dental officer.

(4) Where the Minister of National Defense conducts reappointment examination, he or she may require candidates for reappointment examination to submit their achievements, opinions, etc. necessary for the reappointment examination under paragraph (3) in advance. <Amended on Dec. 30, 2013>

(5) Where the Minister of National Defense completes reappointment examination, he or she shall promptly notify the candidates for reappointment examination of the results thereof. <Amended on Dec. 30, 2013>

[This Article Wholly Amended on Jan. 31, 2012]

[Title Amended on Dec. 30, 2013]

Article 7-3(Establishment of reappointment examination committees) #

(1) To examine the matters classified under the subparagraphs of Article 7-2(3) with respect to candidates for reappointment examination, a committee for reappointment examination of professors and a committee for reappointment examination of medical and dental officers (hereinafter referred to as the "reappointment examination committee") shall be established under the jurisdiction of the Minister of National Defense, respectively. <Amended on Dec. 30, 2013>

(2) Each reappointment examination committee shall be composed of not less than 10 but not more than 13 members, including one chairperson. <Amended on Dec. 30, 2013>

(3) The chairperson of a reappointment examination committee shall be designated by the Minister of National Defense from among senior civil servants in the Senior Civil Service appointed to a position at the bureau-director-general level in the Ministry of National Defense or general-grade officers, and the members shall consist of not more than 8 persons designated by the Minister of National Defense from among senior civil servants in the Senior Civil Service of the Ministry of National Defense or general-grade officers, together with persons falling under each of the following categories: <Amended on Dec. 30, 2013; Sep. 5, 2017>

1. In the case of the professor reappointment examination committee: 3 or 4 persons commissioned by the Minister of National Defense from among faculty members of schools under Article 2 of the Higher Education Act to evaluate the research achievements, etc. of the candidates for reappointment examination of professors;

2. In the case of the medical and dental officer reappointment examination committee: 3 or 4 persons commissioned by the Minister of National Defense from among licensed doctors to evaluate the career and clinical achievements, etc. of the candidates for reappointment examination of medical and dental officers.

(4) The term of office of the members under paragraph (3)1 and 2 shall be 1 year. <Amended on Dec. 30, 2013>

[This Article Wholly Amended on Jan. 31, 2012]

[Title Amended on Dec. 30, 2013]

Article 7-4(Meetings of the reappointment examination committees) #

(1) The chairperson shall convene the reappointment examination committee and preside over its meetings. <Amended on Dec. 30, 2013>

(2) A meeting of the reappointment examination committee shall be opened with the attendance of not less than 2/3 of all incumbent members and resolutions shall be adopted with the approval of a majority of the members present. <Amended on Dec. 30, 2013>

(3) Meetings of the reappointment examination committee shall not be open to the public. <Amended on Dec. 30, 2013>

(4) The reappointment examination committee shall provide a candidate for reappointment examination with an opportunity to appear before the committee to state his or her opinion or to submit a written opinion. <Amended on Dec. 30, 2013>

(5) Matters concerning the composition and operation of the reappointment examination committee and necessary for reappointment examinations, other than those prescribed in this Decree, shall be determined by the Minister of National Defense. <Amended on Dec. 30, 2013>

[This Article Wholly Amended on Jan. 31, 2012]

[Title Amended on Dec. 30, 2013]

Article 8(Qualifications of applicants) #

A person eligible to apply as a cadet of a military academy, an officer candidate, or a student of the Reserve Officers' Training Corps officer candidate course conducted under Article 57(2) of the Military Service Act (hereinafter referred to as "officer candidates") shall be any of the following persons:

1. Cadets of military academies and the Armed Forces Nursing Academy: Persons who have graduated from a high school or who have an academic background of not less than such level;

2. Cadets of the Korea Army Academy at Yeongcheon: Persons who have graduated from a junior college or who are deemed to have an academic background of not less than such level, or persons who have completed not less than 2 years of a university course;

3. Officer candidates: Persons who have graduated from a 4-year university or are deemed by statutes or regulations to have an academic background of not less than such level; provided, where the demand of the armed forces cannot be met solely with persons who have graduated from a 4-year university or are deemed to have an academic background of not less than such level, persons who have graduated from high school or who have an academic background of not less than such level, or warrant officers or noncommissioned officers with not less than 5 years of military service experience, may also be eligible;

4. Students of the Reserve Officers' Training Corps officer candidate course under Article 57(2) of the Military Service Act: Persons enrolled in a university.

[This Article Wholly Amended on Jan. 31, 2012]

Article 8-2(Selection of reserve officer candidates) #

(1) The Chiefs of Staff of the Army, Navy, and Air Force (hereinafter referred to as "each armed force") may, pursuant to Article 11-2(1) of the Act, select reserve officer candidates (hereinafter referred to as "reserve officer candidates") from among students enrolled in a 4-year university or a junior college through the appointment examination under Article 9.

(2) A person selected as a preliminary officer candidate may, pursuant to Article 11-2(2) of the Act, become a cadet of the Korea Army Academy at Yeongcheon, etc., after undergoing evaluation of academic performance, medical examination, physical fitness test, etc., according to the following classifications:

1. Where he or she has completed not less than 2 years of a 4-year university course or has graduated from a junior college: A cadet of the Korea Army Academy at Yeongcheon;

2. Where he or she has graduated from a 4-year university: An officer candidate;

3. Where he or she has completed not less than 2 years of a 4-year university course in which the Reserve Officers' Training Corps officer candidate course under Article 57(2) of the Military Service Act is established: A student of the Reserve Officers' Training Corps officer candidate course.

[This Article Wholly Amended on Mar. 30, 2015]

Article 9(Examinations) #

(1) The appointment examination for officer candidates and reserve officer candidates shall consist of a written examination, a medical examination, and an interview.

(2) Where deemed necessary, the Minister of National Defense may conduct a practical examination in addition to the examinations under paragraph (1).

(3) In the appointment of legal affairs, medical, and chaplain officer candidates, and persons falling under Article 12(2)4-2 and 5 of the Act, the written examination under paragraph (1) may be waived. <Amended on Dec. 30, 2013>

(4) Detailed matters concerning the appointment examination for officer candidates and reserve officer candidates shall be prescribed by Decree of the Ministry of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

Article 9-2(Measures against persons committing dishonest acts) #

(1) Where a person commits any of the following acts in the appointment examination for officers, officer candidates, reserve officer candidates, warrant officers, or noncommissioned officers, his or her examination shall be suspended or invalidated, or his or her passing shall be canceled, and his or her eligibility to take the appointment examination for officers, officer candidates, reserve officer candidates, warrant officers, or noncommissioned officers shall be suspended for 5 years from the date of such disposition:

1. Looking at another examinee's answer sheet or showing one's own answer sheet to others;

2. Requesting another person to take the examination on his or her behalf or taking the examination as a substitute for another person;

3. Communicating with another person about the contents of the examination by using communication devices or other signals;

4. Possessing or using unauthorized materials;

5. Entering false information in documentary evidence concerning the examination, such as matters relating to military service, extra points, English proficiency tests, and Korean history proficiency tests, or forging or falsifying such documentary evidence to unduly affect the examination results;

6. Affecting one's own or another person's examination results by other dishonest means.

(2) Where a person commits any of the following acts in the appointment examination for officers, officer candidates, reserve officer candidates, warrant officers, or noncommissioned officers, his or her examination shall be suspended or invalidated:

1. Looking at examination questions before the examination begins;

2. Writing answers before the examination begins or after it ends;

3. Possessing unauthorized communication devices or electronic calculators;

4. Committing other acts that affect the fair administration of the examination, as prescribed and publicly announced by the head of the examination-administering agency as grounds for suspension or invalidation of the examination.

(3) A person whose eligibility to take the appointment examination has been suspended due to dishonest acts in a national or local public officials' appointment examination under other statutes or regulations shall not be allowed to take the appointment examination for officers, officer candidates, reserve officer candidates, warrant officers, or noncommissioned officers during the suspension period.

(4) Where the head of the examination-administering agency has made a disposition under paragraph (1), he or she shall promptly notify the person subject to the disposition of the reasons therefor and publish the list of such persons in the Official Gazette.

(5) Where a person who has committed dishonest acts is a public official, the head of the examination-administering agency shall request a disciplinary resolution from the competent disciplinary committee or request the head of the agency to which such public official belongs to impose disciplinary action.

[This Article Added on Nov. 19, 2014]

Article 9-3(Grounds for expulsion) #

(1) Where an officer candidate, a warrant officer candidate, or a noncommissioned officer candidate falls under any of the following grounds for expulsion under Article 11-3(3) and Article 14-2(3) of the Act, the head of an education and training institution may expel him or her through deliberation by the expulsion review committee established in the relevant education and training institution:

1. Where he or she violates the school regulations, etc. of the education and training institution;

2. Where he or she fails to meet the completion standards prescribed by the school regulations, etc. of the education and training institution;

3. Where he or she is unable to continue education and training due to illness;

4. Where he or she damages his or her dignity as a candidate by violating duties or orders to be observed as an officer candidate, a warrant officer candidate, or a noncommissioned officer candidate.

(2) Where the head of an education and training institution intends to expel an officer candidate, a warrant officer candidate, or a noncommissioned officer candidate under paragraph (1), he or she shall promptly notify such candidate thereof.

(3) An officer candidate, a warrant officer candidate, or a noncommissioned officer candidate who has been notified under paragraph (2) may appear before the expulsion review committee under paragraph (1) to make a statement or submit a written opinion concerning the statement; provided, where such candidate fails to appear on the date designated for the statement or fails to submit a written opinion without a compelling reason, the expulsion review committee may deliberate without providing an opportunity for the statement.

(4) Matters concerning the composition, etc. of the expulsion review committee under paragraph (1) shall be determined by the Chiefs of Staff of each armed force.

[This Article Added on Jun. 30, 2022]

Article 10(Period of engagement in a relevant area and the method of conversion thereof) #

(1) "Period of engagement in a relevant area" under Article 12(5) of the Act means the period of engagement in a professional or technical field, and the period of training related thereto, before being appointed as an officer pursuant to Article 12(2) and (3) of the Act.

(2) The period of engagement in a relevant area under paragraph (1) shall be converted in consideration of the academic background, degrees, research achievements, practical experience, continuity of the period of engagement or training, and actually verified performance.

(3) The period of engagement in a relevant area under paragraph (2) shall be converted into the period of military service in units of 1 year, but the total converted period shall not exceed 11 years, and a period of less than 1 year shall not be converted; provided, where the period of engagement in a relevant area is not less than 11 months but less than 1 year and is recognized as 1 year by the head of the relevant central administrative agency, it shall be converted into 1 year of military service.

(4) The period of military service converted under paragraph (3) shall apply at the time of appointment and at the time of promotion.

(5) The initial rank shall be granted on the basis of the period converted under paragraph (3) and the minimum period of service for promotion prescribed in Article 26(1) of the Act, and where the converted period remains, it shall be added to the next promotion period.

[This Article Wholly Amended on Jan. 31, 2012]

Article 11(Qualifications for appointment as officers) #

"Person who is recognized as qualified to be an officer" under Article 11(1)8 of the Act means a person who, under Decree of the Ministry of National Defense, has had the career of a foreign military officer or has been an officer of North Korea, and who is a North Korean defector desiring to be incorporated into the Armed Forces and has the qualifications for appointment prescribed in Article 10 of the Act, and has passed the screening.

[This Article Wholly Amended on Jan. 31, 2012]

Article 12(Scope of branches of service in which Grade-V public officials may be appointed as first lieutenants or higher) #

"Branches of service prescribed by Presidential Decree" under Article 12(2)4-2 of the Act means the basic branches of service of each armed force under the subparagraphs of Article 2-2(1); provided, in the case of public officials appointed to the science and technology service group or the technical service group among public officials under Article 12(2)4-2 of the Act, the scope shall be limited to the basic branches of service of each armed force, excluding Personnel, Military Police, Finance, and Psychological Operations. <Amended on Jul. 18, 2014; Jun. 25, 2019; Feb. 4, 2020; Aug. 30, 2023; Jan. 30, 2024>

[This Article Added on Dec. 30, 2013]

Article 12-2(Extension of maximum age limit for appointment) #

Pursuant to the proviso of subparagraph 1 Article 3 of the Act, the maximum age for admission of discharged soldiers under Article 16(1) and (2) of the Support for Veterans Act (hereinafter referred to as "veterans") shall be extended as follows:

1. Veterans who have completed at least 2 years of service: By 3 years;

2. Veterans who have completed at least 1 year but less than 2 years of service: By 2 years;

3. Veterans who have completed less than 1 year of service: By 1 year.

[This Article Added on Jun. 7, 2023]

Article 13(Heads of important departments) #

(1) "The commander of a military unit, the main mission of which is combat" and "the head of an essential department specified by other statutes or regulations" under Article 20(1)2 and 3 of the Act shall be a person who falls under any of the following subparagraphs or a person equivalent thereto under other statutes or regulations: <Amended on Jun. 27, 2012; May 22, 2013; Jun. 11, 2013; Jun. 11, 2014; Dec. 30, 2014; Dec. 30, 2015; Aug. 21, 2018; Dec. 4, 2018; Nov. 30, 2021; Apr. 1, 2022; Jul. 14, 2022; Nov. 1, 2022; Aug. 6, 2024; May 7, 2025>

1. The commander of combat units:

a. Army: Commander of the Ground Operations Command, Commander of the Second Operations Command of the Army, Corps Commander, Commander of the Army Special Warfare Command, Commander of the Capital Defense Command, Commander of the Army Aviation Command, Commander of the Army Missile Strategic Command, and Division Commander (excluding the Division Commander of a division that must be reinforced with the majority of its personnel through mobilization call-up under Article 44 of the Military Service Act, in peacetime only);

b. Navy: Commander of the Naval Operations Command, Fleet Commander, Commander of the Submarine Command, Commander of the Naval Aviation Command, and Division Commander;

c. Air Force: Commander of the Air Force Operations Command, Commander of the Air Combat Command, Commander of the Air Mobility & Reconnaissance Command, Commander of the Air and Missile Defense Command, Commander of the Air Defense Control Command, and Commander of the Air Force Fighter Wing;

2. The heads of other essential departments prescribed by statutes or regulations:

a. Ministry of National Defense: Deputy Commander of the ROK-US Combined Forces Command, Commander of the Defense Counterintelligence Command, President of the Korea National Defense University, Commander of the Strategic Command, Director of the Defense Intelligence Agency, Commander of the 777th Command, Commander of the Armed Forces Intelligence Command, Commander of the Cyber Operations Command, and Commander of the Drone Operations Command;

b. Joint Chiefs of Staff: Vice Chairman of the Joint Chiefs of Staff, Director of the JCS Operations Headquarters, Director of the JCS Strategic Planning Headquarters, and Director of the JCS Logistics Headquarters;

c. Army: Commander of the Army Education and Training Command, Superintendent of the Korea Military Academy, Commander of the Army Logistics Command, and Superintendent of the Korea Army Academy at Yeongcheon;

d. Navy: Commander of the Naval Logistics Command, Superintendent of the Naval Academy, and Commander of the Naval Education and Training Command;

e. Air Force: Superintendent of the Air Force Academy, Commander of the Air Force Logistics Command, and Commander of the Air Force Education and Training Command.

(2) The period of appointment to a post as the head of an essential department prescribed in the subparagraphs of Article 20(1) of the Act shall, in principle, be 2 years.

[This Article Wholly Amended on Jan. 31, 2012]

Article 13-2(The committee for deliberation on recommendations) #

(1) The committee for deliberation on recommendations under Article 20(1) of the Act (hereinafter referred to as the "committee for deliberation on recommendations") shall be composed of not less than 3 but not more than 7 members, including 1 chairperson.

(2) The members of the committee for deliberation on recommendations shall be appointed by the Chief of Staff from among general-grade officers who are senior in rank or precedence to the person subject to recommendation, and the chairperson shall be the most senior among the members. <Amended on Sep. 5, 2017>

(3) A meeting of the committee for deliberation on recommendations shall be convened with the attendance of all members, resolutions shall be adopted with the approval of a majority of the members present, and the chairperson shall have the right to vote.

(4) Matters necessary for the operation of the committee for deliberation on recommendations, other than those prescribed in this Decree, shall be determined by the Chief of Staff.

[This Article Wholly Amended on Jan. 31, 2012]

Article 13-3(The committee for deliberation on proposals) #

(1) The committee for deliberation on proposals under Article 20(1) and Article 25(2) of the Act (hereinafter referred to as the "committee for deliberation on proposals") shall be composed of not less than 5 but not more than 7 members, including 1 chairperson. In such cases, each armed force shall be represented by not less than 1 member, and members from the same armed force shall not constitute a majority.

(2) The chairperson and members of the committee for deliberation on proposals shall be appointed by the Minister of National Defense from among the following persons: <Amended on Sep. 5, 2017>

1. The Vice Minister of National Defense;

2. General-service civil servants belonging to the Senior Civil Service of the Ministry of National Defense or equivalent public officials;

3. General-grade officers who are senior in rank or precedence to the person subject to proposal.

(3) The committee for deliberation on proposals shall deliberate on the appropriateness of the recommendation results for persons recommended by the Chief of Staff, taking into account whether the number of expected promotees by rank under Article 22 is exceeded, the criteria under the subparagraphs of Article 33(1), the opinion of the Chairman of the Joint Chiefs of Staff under Article 33(2), and ethics, etc. In such cases, the committee may require the relevant officials of the armed force concerned to attend and state their opinions.

(4) A meeting of the committee for deliberation on proposals shall be convened with the attendance of all members, resolutions shall be adopted with the approval of a majority of the members present, and the chairperson shall have the right to vote.

(5) Where the Minister of National Defense deems the recommendation results of the Chief of Staff inappropriate based on the deliberation results of the committee for deliberation on proposals, he or she shall notify the Chief of Staff of the reasons therefor and may require the Chief of Staff to make another recommendation; provided, where an ineligible person is found among the promotion recommendees as a result of deliberation by the committee for deliberation on proposals, the Officer Promotion Selection Committee under Article 29 shall, pursuant to the latter part of Article 32(3), deliberate on whether to include in the recommendees the candidates separately selected in addition to the recommendees, to fill the shortage in the number of expected promotees.

(6) Meetings of the committee for deliberation on proposals shall not be open to the public.

(7) For the operation of the committee for deliberation on proposals, one secretary shall be assigned.

(8) Matters necessary for the operation of the committee for deliberation on proposals, other than those prescribed in this Decree, shall be determined by the Minister of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

Article 14(Branches of origin of the commander of a military unit, the main mission of which is combat) #

(1) Pursuant to Article 16(2) of the Act, a person who may be appointed as the commander of a brigade-level or higher military unit, the main mission of which is combat, shall be an officer from the combat branches classified as follows: <Amended on May 22, 2013; Jun. 11, 2013; Jul. 18, 2014; Sep. 5, 2017; Feb. 4, 2020; Apr. 1, 2022; May 7, 2025>

1. Army: Infantry, Armor, Artillery, Air Defense, Intelligence, Engineers, Information and Communications, or Aviation;

2. Navy:

a. Naval combat units: Ship, Aviation, or Intelligence;

b. Amphibious combat units: Infantry, Artillery, Armor, Aviation, or Intelligence;

3. Air Force: Pilots, Air Traffic Control, Air Defense Artillery, or Intelligence.

(2) The Minister of National Defense may, when necessary in wartime, armed conflict, or other national emergency, readjust the combat branches under paragraph (1) from among the basic branches of service.

[This Article Wholly Amended on Jan. 31, 2012]

Article 14-2(Other matters concerning appointment to posts) #

Pursuant to Article 16(4) of the Act, matters concerning the appointment of military personnel to posts, other than those prescribed in the Act and this Decree, shall be determined by the Chief of Staff; provided, in the case of persons serving in the Ministry of National Defense, its directly affiliated agencies, and the Defense Acquisition Program Administration, such matters shall be determined by the Minister of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

Article 14-3(Appointment of general-grade officers to posts) #

(1) "A position otherwise specified only by Presidential Decree" under the proviso of Article 16-2(1) of the Act shall be as follows:

1. Positions in military units dispatched to foreign countries;

2. Positions temporarily employed in international organizations or foreign institutions;

3. Positions dispatched to other national agencies;

4. Positions in organizations temporarily established for special purposes, such as the transfer of wartime operational control or projects commemorating the founding of the Armed Forces;

5. Positions deemed necessary for implementing national defense reform, such as restructuring of the armed forces;

6. Positions dispatched to domestic or overseas educational or research institutions for training or education;

7. Temporary positions within 3 months for preparing for discharge.

(2) Specific positions under the subparagraphs of paragraph (1) shall be determined by the Minister of National Defense.

(3) The period during which a person may be appointed to any position specified in paragraph (1)1 through 3 shall not exceed 2 years from the date of appointment; provided, if it is deemed particularly necessary for the performance of duties, such period may be extended by up to 1 year. <Added on May 7, 2025>

(4) "Cases prescribed by Presidential Decree, such as where a general-grade officer is dispatched to a foreign country for at least 6 months" under Article 16-2(3) of the Act means cases where a person is appointed to any position specified in paragraph (1)1 through 3 for not less than 6 months. <Added on May 7, 2025>

[This Article Wholly Amended on Jan. 31, 2012]

[Title Amended on Sep. 5, 2017]

Article 15(Positions that require professional human resources) #

(1) "Positions that require professional human resources" in Article 17(2) of the Act shall be as follows: <Amended on Apr. 30, 2024; Sep. 18, 2025>

1. Positions in policy departments where it is deemed necessary to establish and implement policies based on field experience and academic knowledge, as determined by the Minister of National Defense or the Chief of Staff (hereinafter referred to as "policy expert positions");

2. Positions related to negotiations, exchanges, or cooperation with foreign governments or international organizations that require expertise in international relations and proficiency in foreign languages as determined by the Minister of National Defense, and defense attaches stationed abroad other than logistics attaches (hereinafter referred to as "international expert positions");

3. Positions in the fields of information systems, cyber operations, and research and development that fall under specialized areas determined by the Minister of National Defense or the Chief of Staff of each Service, and the following positions (hereinafter referred to as "specialized expert positions"):

a. Professors of the Korea National Defense University (referring to professors, associate professors, and assistant professors qualified under Article 16 of the Higher Education Act and field-grade officers or higher in charge of the basic course);

b. Professors of service academies, the Korea Army Academy at Yeongcheon, and the Armed Forces Nursing Academy (referring to professors, associate professors, and assistant professors qualified under Article 16 of the Higher Education Act);

4. Positions in technical or functional fields requiring professional skills or functions, as determined by the Minister of National Defense or the Chief of Staff (hereinafter referred to as "technical or functional expert positions");

5. Positions in acquisition fields where professional planning ability, business methods, and management techniques related to the acquisition of military supplies are deemed necessary for force improvement, as determined by the Minister of National Defense, the Chief of Staff, or the Administrator of the Defense Acquisition Program Administration, and military attaches for logistics stationed abroad (hereinafter referred to as "acquisition expert positions").

(2) The scope, criteria, and other necessary matters concerning positions that require professional human resources under paragraph (1) shall be determined by the Minister of National Defense.

(3) The Minister of National Defense shall designate positions that require professional human resources in the Ministry of National Defense and its directly affiliated military units, the Chiefs of Staff shall designate such positions in each armed force, and the Administrator of the Defense Acquisition Program Administration shall designate such positions in the Defense Acquisition Program Administration; when the Chiefs of Staff or the Administrator of the Defense Acquisition Program Administration designate such positions, they shall obtain the approval of the Minister of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

Article 16(Appointment of persons appointed to positions that require professional human resources) #

A person appointed to a position that requires professional human resources shall be appointed by the Chief of Staff pursuant to the determination of the Minister of National Defense, unless otherwise provided by other statutes or regulations; provided, that among international expert positions and acquisition expert positions, military attaches or logistics attaches stationed abroad shall be appointed by the Minister of National Defense upon recommendation by the Chief of Staff or the Administrator of the Defense Acquisition Program Administration, professors, associate professors, and assistant professors of the Korea National Defense University under Article 9(1) of the Act on the Establishment of the Korea National Defense University shall be appointed accordingly, and persons in charge of education in the basic and special courses of the Korea National Defense University shall be appointed by the Minister of National Defense from among those qualified under any subparagraph of Article 13 of the Enforcement Decree of the Act on the Establishment of the Korea National Defense University.

[This Article Wholly Amended on Jan. 31, 2012]

Article 17(Term of office of persons appointed to positions that require professional human resources) #

(1) The term of office of a person appointed to a position that requires professional human resources under Article 17(2) of the Act shall be determined by the Minister of National Defense, the Chief of Staff, or the Administrator of the Defense Acquisition Program Administration, pursuant to the criteria established by the Minister of National Defense; provided, the term of office of persons appointed to the following positions shall be as prescribed in each subparagraph: <Amended on Apr. 30, 2024>

1. Military attaches or logistics attaches stationed abroad among international expert positions and acquisition expert positions: 3 years;

2. Professors, associate professors, and assistant professors of the Korea National Defense University among special expert positions: the period prescribed in Article 9(4) of the Act on the Establishment of the Korea National Defense University (the term of office of persons in charge of education in the basic and special courses shall be 2 years).

(2) Notwithstanding paragraph (1), the appointing authority may adjust the term of office of a person appointed to a position that requires professional human resources if deemed necessary.

[This Article Wholly Amended on Jan. 31, 2012]

Article 17-2(Measures against persons removed from appointment to posts) #

(1) "Misconduct prescribed by Presidential Decree, such as misconduct involving money and valuables or sex offenses" under Article 17-2(1)3 of the Act means any of the following acts:

1. Acts under each subparagraph of Article 56-2(1) of the Act;

2. Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

3. Prohibited acts under Article 4 of the Act on the Punishment of Arrangement of Commercial Sex Acts;

4. Acts that significantly impair the dignity of military personnel, making it inappropriate to maintain their positions.

(2) Where commissioned officers, warrant officers, and noncommissioned officers are removed from appointment to posts before the expiration of their terms under Article 17-2(1)1 through 3 of the Act and fail to be appointed to posts even after 3 months or are removed from appointment to posts more than twice, an investigation shall be conducted to determine whether they correspond to those unfit for active service under Article 49, and those found not to correspond thereto shall be appointed to posts without delay.

(3) The rates of salary reduction during the period of removal from appointment to posts of commissioned officers, warrant officers, and noncommissioned officers under the main clause of Article 17-2(4) of the Act shall be as follows:

1. Where removed under Article 17-2(1)1 of the Act: 20 percent reduction of salary;

2. Where removed under Article 17-2(1)2 or 3 of the Act: 50 percent reduction of salary; provided, where a person fails to be appointed to a position even after 3 months from the date of removal, 70 percent of salary shall be reduced for the period after such 3 months.

(4) Notwithstanding paragraph (3), where the disposition of removal from appointment to posts under Article 17-2(1)1 through 3 of the Act is null and void or revoked, the full amount of the salary reduced during the period of removal (including any amount increased due to promotion under Article 8 of the Military Personnel Remuneration Act, if applicable, during the period of removal) shall be paid retroactively.

[This Article Wholly Amended on Apr. 30, 2024]

Article 17-3(Organization of dismissal review committees) #

(1) The dismissal review committee under Article 17-2(2) of the Act shall be established, by affiliation of the person subject to review, in the agencies or military units classified as follows: <Amended on Nov. 19, 2014; Jan. 12, 2016; Sep. 5, 2017; Apr. 30, 2024>

1. In the case of commissioned officers, warrant officers, and noncommissioned officers belonging to the Ministry of National Defense: in the Ministry of National Defense;

2. In the case of commissioned officers, warrant officers, and noncommissioned officers belonging to the Defense Acquisition Program Administration: in the Defense Acquisition Program Administration;

3. In the case of commissioned officers, warrant officers, and noncommissioned officers belonging to agencies, directly-affiliated agencies, or directly-affiliated military units under the Ministry of National Defense: in such agencies, directly-affiliated agencies, or directly-affiliated military units; provided, in the case of commissioned officers falling under any of the following items, the dismissal review committee shall be established in the Ministry of National Defense:

a. The head of an agency, directly-affiliated agency, or directly-affiliated military unit under the Ministry of National Defense;

b. The deputy head of a directly-affiliated agency under the Ministry of National Defense or the deputy commander of a directly-affiliated military unit under the Ministry of National Defense;

c. The chief of staff of a directly-affiliated military unit under the Ministry of National Defense;

d. The head of a department, agency, or military unit established in an agency under the Ministry of National Defense;

e. The head of a department, agency, or military unit established in a directly-affiliated agency under the Ministry of National Defense;

4. In the case of commissioned officers, warrant officers, and noncommissioned officers belonging to the headquarters of each armed force or the Marine Corps Command: in the headquarters of each armed force or the Marine Corps Command; provided, in the case of general officers, the dismissal review committee shall be established in the Ministry of National Defense;

5. In the case of commissioned officers, warrant officers, and noncommissioned officers belonging to units of each armed force or the Marine Corps: in a unit commanded by a colonel or higher-ranking commissioned officer who is at least 2 levels higher than the person subject to review; provided, in the case of commissioned officers, warrant officers, and noncommissioned officers falling under any of the following items, the dismissal review committee shall be established in a unit commanded by a colonel or higher-ranking commissioned officer who is at least 1 level higher than the person subject to review:

a. Commissioned officers, warrant officers, and noncommissioned officers belonging to the staff departments of units of each armed force or the Marine Corps (excluding chiefs of staff);

b. The head of a directly-affiliated unit established in a unit of each armed force or the Marine Corps.

(2) A dismissal review committee shall be composed of not less than 3 but not more than 7 members including 1 chairperson, and where a judge advocate is appointed to an agency or a unit, one of the members shall be a judge advocate. <Amended on Nov. 19, 2014, Apr. 30, 2024>

(3) The members of a dismissal review committee shall be appointed by the head of the agency or unit in which the dismissal review committee is established, from among those senior in rank or longer in service than the person subject to review, and the chairperson shall be the most senior among the members; provided, where a judge advocate is appointed as a member, he or she may be appointed even if not senior in rank or longer in service than the person subject to review. <Amended on Nov. 19, 2014, Apr. 30, 2024>

(4) A dismissal review committee shall resolve matters by the attendance of at least 2/3 of its incumbent members and the approval of a majority of the attending members by secret ballot. <Amended Apr. 30, 2024>

(5) Matters necessary for the operation of dismissal review committees shall be prescribed by the Minister of National Defense for the Ministry of National Defense, its affiliated agencies, directly-affiliated agencies, and directly-affiliated military units; by the Administrator of the Defense Acquisition Program Administration for the Defense Acquisition Program Administration; by the Chiefs of Staff of each armed force for each armed force; and by the Commandant of the Marine Corps for the Marine Corps. <Amended Nov. 19, 2014, Apr. 30, 2024>

[This Article Wholly Amended on Jan. 31, 2012]

[Title Amended on Apr. 30, 2024]

Article 17-4(Grounds for dismissal from posts before resolution of the dismissal review committee) #

"An inevitable reason prescribed by Presidential Decree" in the proviso of Article 17-2(3) of the Act means any of the following cases: <Amended on Apr. 30, 2024>

1. Where a person is detained for misconduct related to his or her duties and thereby unable to perform such duties;

2. Where, as a result of an audit, a grave neglect of duty or misconduct is discovered, making it necessary to dismiss him or her from the post immediately;

3. Where, due to a serious breach of military discipline or moral defect, it is necessary to dismiss him or her from the post immediately.

[This Article Wholly Amended on Jan. 31, 2012]

[Title Amended on Apr. 30, 2024]

Article 17-5(Opportunity for explanation) #

(1) Before holding a meeting, the dismissal review committee shall notify the person subject to deliberation of the date, place, and grounds for deliberation, and the person subject to deliberation may attend the dismissal review committee to make an explanation or submit a written opinion regarding the explanation; provided, where the person subject to deliberation, without a compelling reason, fails to appear on the date for explanation or does not submit a written opinion, the committee may resolve the matter without granting an opportunity for explanation. <Amended on Jun. 30, 2022; Apr. 30, 2024>

(2) Where deemed necessary, the dismissal review committee may require the attendance of the related persons or the submission of evidence. <Amended on Apr. 30, 2024>

(3) Where the dismissal review committee has made a resolution under paragraph (1), it shall notify the person subject to deliberation of the details thereof in writing. <Amended on Apr. 30, 2024>

[This Article Wholly Amended on Jan. 31, 2012]

Article 18(Appointment of branch heads) #

(1) For the purpose of transfer under Article 21(3) of the Act, the Chief of Staff shall formulate a transfer plan that includes the personnel subject to transfer.

(2) The transfer under Article 21(3) of the Act shall be conducted within the scope of the number of personnel scheduled for promotion approved under Article 22(2) and in accordance with the transfer plan under paragraph (1).

(3) The transfer under Article 21(3) of the Act shall be limited to 1 time, and where a branch head is transferred to a similar position pursuant to the proviso of that paragraph, such branch head shall not be appointed to a position lower than the current position.

(4) "A positions in a similar line" in the main clause of Article 21(3) of the Act means the occupational fields of the same line as the major field of the relevant branch head.

[This Article Wholly Amended on Jan. 31, 2012]

Article 18-2(Appointment of branch heads) #

Pursuant to Article 21(4) of the Act, the branches for which branch heads are appointed shall be as follows: <Amended on Sep. 5, 2017; Jun. 25, 2019; Feb. 4, 2020; Jan. 30, 2024>

1. Army: Air Defense, Engineers, Information and Communications, Aviation, Chemical, Biological and Radiological Defense, Ordnance, Quartermaster, Logistics, Personnel, Military Police, Finance, Psychological Operations, Medical, Judge Advocate, and Chaplain;

2. Navy: Aviation, Intelligence, Information and Communications, Ordnance, Supply, Engineers, Shipbuilding, Finance, Psychological Operations, Military Police, Medical, Judge Advocate, and Chaplain; provided, the Marine Corps shall be classified into Armor, Aviation, Intelligence, Engineers, Information and Communications, Supply, Finance, Psychological Operations, and Military Police;

3. Air Force: Information and Communications, Weather, Engineers, Psychological Operations, Military Police, Medical, Judge Advocate, and Chaplain.

[This Article Added on Jul. 18, 2014]

Article 19(Minimum service periods for promotion) #

(1) The calculation of the minimum service periods for promotion under Article 26 of the Act shall apply mutatis mutandis to Article 6(2) and (4), and shall be based on December 31 of the year following the year of promotion selection.

(2) "If necessary for personnel management" under Article 26(2) of the Act means any of the following cases:

1. Where it is necessary to reduce or expand the promotion selection eligibility under Article 21(1) due to force reduction, force expansion, or reorganization of the table of organization;

2. Where candidates are insufficient or excessive due to the supply and demand of personnel.

(3) Pursuant to Article 26(4) of the Act, the minimum service period for promotion of officers commissioned after completing all courses of a foreign officer training school shall be reduced by half of the minimum service period prescribed in Article 26(1) of the Act when promoted from second lieutenant to first lieutenant, and may be shortened when promoted to captain or higher ranks in order to maintain balance with the promotion of persons who completed the domestic officer training course in the same class year.

[This Article Wholly Amended on Jan. 31, 2012]

Article 20(Promotion year) #

The promotion year under this Decree shall be from January 1 to December 31.

[This Article Wholly Amended on Jan. 31, 2012]

Article 21(Eligibility scope for promotion selection of officers) #

(1) The eligibility scope for promotion selection of officers (hereinafter referred to as "eligibility scope for selection") means the range of persons whom the Chief of Staff submits to the meeting of the Committee for Promotion Selection of Officers under Article 29 of the Act, and such persons shall be those who, on the date of promotion appointment, have reached the minimum service period for promotion prescribed in Article 26(1) or (2) of the Act; provided, the Chief of Staff may determine the scope of eligibility for selection, in order to adjust the competition ratio for promotion, from among those who have passed the minimum service period for promotion prescribed in Article 26(1) of the Act, according to seniority.

(2) With respect to the eligibility scope for selection of Marine Corps officers, the Chief of Naval Staff shall determine it upon the recommendation of the Commandant of the Marine Corps.

[This Article Wholly Amended on Jan. 31, 2012]

Article 22(Planned number of officers for promotion) #

(1) The Chief of Staff shall annually determine the planned number of officers for promotion by rank for the following promotion year with the approval of the Minister of National Defense; the Chief of Naval Staff shall determine the planned number of officers for promotion by distinguishing between Navy officers and Marine Corps officers with the approval of the Minister of National Defense. In such cases, with respect to officers at or below the rank of brigadier general, approval shall be obtained no later than 30 days before the convening of each Service Committee for Promotion Selection of Officers, and with respect to general officers at or above the rank of major general, approval shall be obtained no later than 7 days before the convening of each Service Committee for Promotion Selection of Officers, unless there is a compelling reason otherwise. <Amended on Sep. 5, 2017>

(2) Where the Chief of Staff seeks approval for the planned number of officers for promotion by rank under paragraph (1), he or she shall report to the Minister of National Defense the transfer or reassignment plan formulated pursuant to Article 18(1) and Article 25-2(4), and when granting approval for the planned number of officers for promotion, the Minister of National Defense shall take such transfer or reassignment plan into consideration.

(3) The Chief of Staff shall determine the planned number of officers for promotion by rank and by branch within the scope of the planned number of officers for promotion by rank approved by the Minister of National Defense; the Chief of Naval Staff may have the Commandant of the Marine Corps determine the planned number of Marine Corps officers for promotion by rank and by branch; provided, with respect to positions requiring professional human resources prescribed in Article 15(1)1 and 3, the planned number of officers for promotion may be determined separately regardless of branch within the scope of the planned number of officers for promotion by rank.

(4) The planned number of officers for promotion by rank each year shall, unless there is a compelling reason otherwise, be determined as a fixed number in consideration of stable personnel management; provided, with respect to general officers at or above the rank of major general, the planned number of officers for promotion by rank shall be determined according to vacancies. <Amended on Sept. 5, 2017>

(5) Notwithstanding paragraph (3), the planned number of officers for promotion to positions requiring acquisition experts shall be determined separately regardless of branch, taking into account vacancies in the fixed number of officers by rank and by Service.

[This Article Wholly Amended on Jan. 31, 2012]

Article 23(Vacancies and fixed numbers) #

(1) Vacancy means the number of officers short of the authorized strength by rank within one promotion year.

(2) Fixed number means the annual average number of vacancies by rank during the period of the Mid-term Defense Personnel Management Plan established by the Minister of National Defense within the scope of the authorized strength by rank, based on 5 promotion years.

[This Article Wholly Amended on Jan. 31, 2012]

Article 24(Order of seniority) #

"In order of seniority" under Article 31(1) of the Act means the ranking in the list of persons included in the eligibility scope for selection, and such ranking shall be based on the order of precedence prescribed in Article 2, excluding temporary ranks.

[This Article Wholly Amended on Jan. 31, 2012]

Article 25(Approved ranks) #

The "approved ranks" under Article 28 of the Act means the ranks specified by the Chief of Staff as allocated within the range of the approved numbers by rank for the relevant year, which are recognized as necessary for the performance of duties of the post.

[This Article Wholly Amended on Jan. 31, 2012]

Article 25-2(Positions subject to fixed-term promotion) #

(1) The "positions necessary for the management of human resources or for filling a position specified by Presidential Decree in an area where professional human resources are required" in Article 24-2(1) of the Act means any of the following positions: <Amended on Mar. 23, 2013; Nov. 19, 2014; Apr. 30, 2024>

1. Positions prescribed in Appendix 1;

2. Other positions deemed by the Minister of National Defense to have unavoidable reasons to be designated as positions subject to fixed-term promotion, as necessary for personnel management or in areas requiring professional personnel.

(2) Promotion to a fixed-term position for general-grade officers shall be conducted only when it corresponds to a position on the authorized personnel table for general-grade officers assigned by the Minister of National Defense for the relevant year, in accordance with Article 6, Paragraph 3 of the General Rules on Defense Organization and Personnel. <Amended on Sept. 5, 2017>

(3) A person promoted under Article 24-2 of the Act for appointment to a position prescribed in paragraph (1) shall be managed with an indication that he or she is a fixed-term promotee.

(4) For transfers or reappointments under the proviso of Article 24-2(2) of the Act, the Chief of Staff shall establish a transfer or reappointment plan including the number of personnel subject thereto.

(5) Transfers or reappointments under the proviso of Article 24-2(2) of the Act shall be conducted within the scope of the approved number of personnel to be promoted under Article 22(2) and in accordance with the transfer or reappointment plan prescribed in paragraph (4).

(6) Transfers or reappointments under the proviso of Article 24-2(2) of the Act may be carried out only once and shall be made upon the recommendation of the Chief of Staff.

(7) The "positions in a similar line" under the proviso of Article 24-2(2) of the Act shall mean positions performing duties in the same branch or in the same professional field as that of the fixed-term promotee.

(8) A fixed-term promotee shall be discharged upon the lapse of 2 years from the date of promotion at the first post to which he or she is appointed after promotion, and if his or her post is changed due to organizational restructuring or other unavoidable reasons, the expiration date of the term shall still be calculated from the date of promotion.

[This Article Wholly Amended on Jan. 31, 2012]

Article 25-3(Persons subject to restrictions on time-based promotion) #

The "persons under a disciplinary measure or against whom proceedings for a disciplinary measure are pending and persons specified by Presidential Decree as those whose performance of service is poor" under the proviso of Article 24-3(1) of the Act shall mean any of the following persons at the relevant rank: <Amended on Jun. 30, 2022>

1. Persons who have been convicted during military service;

2. Persons who have been subject to a severe disciplinary measure or whose severe disciplinary measure is being enforced;

3. Persons who have been subject to 2 or more minor disciplinary measures, or who, after being subject to one or more minor disciplinary measures, are again under enforcement of a minor disciplinary measure;

4. Persons who have failed or have been dishonorably discharged from a military education course or an entrusted education course;

5. Persons who have been rated at the lowest grade 2 or more times in performance evaluations;

6. Persons who, due to poor performance of service, fail to meet the standards determined by the Chief of Staff (or, in the case of the Marine Corps, the Commandant of the Marine Corps).

[This Article Wholly Amended on Jan. 31, 2012]

Article 25-4(Subjects for honorary promotion) #

(1) Honorary promotion under Article 24-4 of the Act shall be granted in any of the following cases:

1. When a lieutenant colonel is promoted to colonel;

2. When a major is promoted to lieutenant colonel;

3. When a sergeant first class is promoted to sergeant major.

(2) A person eligible for honorary promotion shall be one who has completed the minimum service periods for promotion under Article 26 of the Act and who is transferred to the reserve forces under Article 42 of the Act; provided, he or she shall not have been subject to a severe disciplinary measure or to a minor disciplinary measure on any of the following grounds during active service: <Amended on Jun. 25, 2019; Jul. 30, 2024>

1. Grounds for disciplinary measures under Article 78-2(1) of the State Public Officials Act;

2. Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

3. Crimes of rape and indecency under Chapter XV of Part II of the Military Criminal Act;

4. Acts of prostitution under Article 2(1)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts;

5. Sexual harassment under subparagraph 2 of Article 3 of the Framework Act on Gender Equality;

6. Drunk driving under Article 44(1) of the Road Traffic Act, or refusal to undergo a breathalyzer test under Article 44(2) of that Act;

7. Crimes of violating the Military Secret Protection Act;

8. Leakage of military secrets under Article 80 of the Military Criminal Act.

(3) In the cases under paragraph (1)1 and 2, the Minister of National Defense may promote by 1 rank on the date of retirement a person recommended as eligible for honorary promotion by the Chief of Staff after deliberation by the Officer Promotion Selection Board under Article 29 of the Act, pursuant to Article 25(1) of the Act.

(4) In the case under paragraph (1)3, the Chief of Staff may promote by 1 rank on the date of retirement a person recommended as eligible for honorary promotion after deliberation by the Noncommissioned Officer Promotion Selection Board under Article 25(5) of the Act.

(5) Where a person who has received honorary promotion falls under Article 53-2(4)1, 1-2, or 1-3 of the Act and is subject to recovery of the honorary retirement allowance, such honorary promotion shall be revoked, and in such case the person whose honorary promotion has been revoked shall be deemed to have retired at the rank held prior to the honorary promotion. <Added on Jun. 25, 2019>

[This Article Wholly Amended on Jan. 31, 2012]

Article 25-5(Selection of preferentially treated military personnel) #

(1) The appointing authority may select as preferentially treated military personnel (hereinafter referred to as "preferentially treated military personnel") a member of the armed forces under his or her jurisdiction who has served for not less than the minimum service periods for promotion under Article 26 of the Act in the relevant rank, who has no grounds for restriction of promotion, and whose service performance is outstanding.

(2) Matters necessary for the selection of preferentially treated military personnel shall be prescribed by the Minister of National Defense.

(3) Allowances may be granted to preferentially treated military personnel pursuant to the Regulations on Allowances for Public Officials.

[This Article Added on Jun. 25, 2019]

Article 26(Delegation provisions) #

Matters concerning the committee for selection of noncommissioned officers eligible for promotion and the standards and procedures for the promotion of noncommissioned officers shall be prescribed by Decree of the Ministry of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

Article 27(Establishment) #

The committee for selection of officers eligible for promotion under Article 29 of the Act (hereinafter referred to as the "selection committee") shall be established by rank; where it is necessary to deliberate on officers of special branches of the rank of colonel or lower, members of the selection committee who belong to such branches may be included. <Amended on Sep. 18, 2025>

[This Article Wholly Amended on Jan. 31, 2012]

Article 28(Composition) #

(1) The selection committee shall be composed of not less than 3 but not more than 21 members.

(2) The chairperson of the selection committee shall be the most senior member.

(3) The "unavoidable circumstances" in Article 29(4) of the Act means a case where, due to a shortage of eligible candidates in the relevant armed forces, the selection committee cannot be formed unless members of the same rank are appointed for more than 2 consecutive terms.

(4) One secretary may be assigned to the selection committee to handle its administrative affairs.

[This Article Wholly Amended on Jan. 31, 2012]

Article 29(Convocation) #

The Chief of Staff (the Commandant of the Marine Corps in the case of the Marine Corps) shall convene the selection committee in the year preceding the relevant promotion year; provided, where there are special circumstances, the selection committee may be convened temporarily in the relevant promotion year.

[This Article Wholly Amended on Jan. 31, 2012]

Article 30(Meetings) #

(1) Resolutions of the selection committee shall be adopted by a majority of the members present.

(2) The chairperson shall have the right to vote.

(3) Meetings of the selection committee shall not be open to the public, and no details of deliberations may be disclosed, unless specifically provided for by the Act or this Decree.

(4) When selecting candidates for promotion, deliberations shall be conducted without any discrimination based on the type of commission of the candidate or whether he or she was not selected in the previous year, and the same selection principles shall be applied. <Amended on Sep. 18, 2025>

[This Article Wholly Amended on Jan. 31, 2012]

Article 31(Explanatory statement) #

(1) A person eligible for promotion selection who wishes to explain matters concerning his or her record may submit an explanatory statement to the selection committee.

(2) The explanatory statement under paragraph (1) shall not include any letter of recommendation or any content that may affect other candidates for promotion.

[This Article Wholly Amended on Jan. 31, 2012]

Article 32(Selection procedures) #

(1) The selection committee shall select, from among the candidates for promotion, those qualified to be promoted to the next higher rank, within the limit of the number of officers scheduled to be promoted.

(2) Even if the number of those selected as qualified for promotion under paragraph (1) falls short of the number of officers scheduled to be promoted, the shortfall shall not be filled.

(3) If the number of those selected as qualified for promotion under paragraph (1) exceeds the number of officers scheduled to be promoted, the selection committee shall select the number of officers scheduled to be promoted from among them; in such cases, when selecting candidates for promotion to general officer ranks, the committee shall, in addition to the number of officers scheduled to be promoted, also select reserve candidates for promotion. <Amended on Sep. 5, 2017>

[This Article Wholly Amended on Jan. 31, 2012]

Article 32-2(Selection of reserve candidates) #

(1) Reserve candidates under the latter part of Article 32(3) (hereinafter referred to as "reserve candidates") shall be selected by assigning them an order of precedence; they may be selected without such order of precedence, taking into account branches of service or human resource plans for general officers depending on the characteristics of each armed force. In such cases, a person selected as a reserve candidate shall retain his or her qualification as a reserve candidate until the announcement of the officers scheduled to be promoted for the relevant promotion year. <Amended on Sep. 5, 2017>

(2) The list of reserve candidates prepared under Article 34(3) shall be submitted and disclosed to the committee for deliberation on proposals only if an unqualified person is found as a result of its deliberation.

(3) Pursuant to the proviso of Article 13-3(5), where the committee for deliberation on proposals replaces an unqualified person with a reserve candidate, it shall deliberate according to the order of precedence under paragraph (1); provided, where no order of precedence is assigned, deliberation may take into account the branch of service of the unqualified person.

[This Article Wholly Amended on Jan. 31, 2012]

Article 33(Selection criteria) #

(1) The selection committee shall select candidates for promotion by comprehensively evaluating the following matters to deliberate whether each candidate for promotion has the ability to perform the duties of the position to be held in the higher rank. <Amended on Feb. 4, 2020; Sep. 18, 2025>

1. Career:

a. Positions held;

b. Military education;

c. Military expertise;

d. Promotion records;

2. Service performance:

a. Service evaluation records;

b. Records of military education achievements;

c. Records of rewards and disciplinary actions;

3. Other matters:

a. Dignity;

b. Physical condition;

c. Academic background and career in the private sector;

d. Records of service without appointment to a post, hospitalization records, and other necessary matters.

(2) The Chairman of the Joint Chiefs of Staff may submit a written opinion on the selection of candidates for promotion to general officer ranks to the selection committee, and the Commissioner of the Defense Acquisition Program Administration, as well as commanders, heads of departments, or heads of agencies of the rank of colonel or higher or Grade 3 or higher prescribed by the Minister of National Defense, may submit letters of recommendation concerning the promotion of officers under their command to the selection committee. In such cases, the selection committee shall take the contents of such written opinions and letters of recommendation into account in addition to the selection criteria for deliberation under paragraph (1). <Amended on Sep. 5, 2017; Jan. 30, 2024; Sep. 18, 2025>

(3) Detailed matters concerning the preparation of the written opinions and letters of recommendation under paragraph (2) shall be prescribed by the Minister of National Defense. <Added on Jan. 30, 2024>

[This Article Wholly Amended on Jan. 31, 2012]

Article 34(Lists of recommended candidates, reserve candidates, and unsuccessful candidates) #

(1) The selection committee shall prepare lists of recommended candidates and reserve candidates for promotion selected, as well as a list of unsuccessful candidates for promotion under Article 32 of the Act.

(2) The lists of candidates recommended for promotion or those not selected for promotion shall each be prepared in order of seniority.

(3) The list of candidates shall be prepared in the order of their ranking if a ranking among candidates is assigned; if no ranking among candidates is assigned, it shall be prepared in the order of appointment.

[This Article Wholly Amended on Jan. 31, 2012]

Article 35(Unsuccessful promotion) #

(1) The Chief of Staff (the Commandant of the Marine Corps, in the case of the Marine Corps) shall notify an unsuccessful candidate for promotion of such fact.

(2) A person who has been unsuccessful in promotion more than twice in the same rank shall not be eligible to be a candidate for promotion.

[This Article Wholly Amended on Jan. 31, 2012]

Article 36(List of persons scheduled for promotion) #

(1) When the preparation of the list of recommended candidates for promotion under Article 34 is completed, the Chief of Staff shall, without delay, obtain approval from the appointing authority for promotion and publicly announce to all the armed forces the list of persons scheduled for promotion under Article 31 of the Act.

(2) The order of precedence in the list of persons scheduled for promotion under paragraph (1) shall be the same as that in the list of recommended candidates for promotion, unless canceled or deleted under Article 31 of the Act.

[This Article Wholly Amended on Jan. 31, 2012]

Article 37(Promotion orders) #

(1) Promotion orders shall be issued from time to time, and the number of persons promoted shall be determined by the vacancy at the time of promotion.

(2) A person scheduled for promotion who has not been promoted in the relevant year shall be promoted in the following year in order of precedence, prior to persons scheduled for promotion in that year.

(3) A person scheduled for promotion who is to be promoted in order of precedence in the list of persons scheduled for promotion but has not reached the minimum service periods for promotion under Article 26(1) and (2) of the Act shall have his or her promotion order deferred until he or she reaches such minimum service periods.

[This Article Wholly Amended on Jan. 31, 2012]

Article 37-2(Presentation of appointment certificates) #

(1) The promoting authority shall present a certificate of appointment to officers promoted to the field-grade rank or higher. In such cases, the Minister of National Defense may present it on behalf of the promoting authority.

(2) The certificate of appointment shall bear the seal of the promoting authority; provided, in the case of officers promoted by the President, the certificate of appointment shall also bear the State Seal.

(3) Notwithstanding paragraph (2), where the President delegates the promoting authority to the Minister of National Defense under the main clause of Article 25(4) of the Act, the certificate of appointment for field-grade officers shall bear the President's seal and the State Seal in lieu of the seal of the promoting authority.

[This Article Added on Jun. 27, 2014]

Article 38(Withholding of appointment and deletion from list of officers eligible for promotion) #

(1) The promoting authority shall withhold the appointment of a person whose promotion has been announced under Article 31(1) of the Act, if the person falls under any of the following subparagraphs before the promotion is effected:

1. Where the person is indicted in a criminal case (excluding cases where a summary order is requested, but including cases where, after a summary order is requested, the case is tried by court proceedings under Article 501-4 of the Military Court Act or where a military prosecutor requests a formal trial under the main clause of Article 501-7(1) of that Act);

2. Where a request for disciplinary resolution has been made for a cause of severe disciplinary action;

3. Where the person falls under Article 37(1)1 or 4 of the Act and is referred to the discharge review committee.

(2) The promoting authority shall promote, as originally scheduled, a person whose appointment has been withheld pursuant to paragraph (1), if he or she falls under any of the following subparagraphs; provided, where the scheduled promotion date has passed, the promotion shall be effected at the time of the first appointment after the date on which the relevant cause arises:

1. In cases under paragraph (1)1: Where the court renders a judgment of acquittal, dismissal, or not guilty, or a decision of dismissal of prosecution;

2. In cases under paragraph (1)2: Any of the following cases:

a. Where the disciplinary committee resolves not to impose any disciplinary action or resolves to impose a minor disciplinary action;

b. Where, after receiving a severe disciplinary action pursuant to a resolution of the disciplinary committee, the person files an appeal under Article 60(1) of the Act and the appeals review committee resolves to revoke the severe disciplinary action or mitigate it to a minor disciplinary action;

3. In cases under paragraph (1)3: Where the person falls under any of the following:

a. Where the discharge review committee resolves not to discharge the person;

b. After the discharge review committee resolves to discharge the person and the discharge disposition is made, where the person files an appeal under Article 50 of the Act and the Central Military Personnel Appeals Committee or the Military Personnel Appeals Committee (hereinafter referred to as "Appeals Committee") resolves to revoke the discharge disposition.

(3) The "grounds for not being able to promote before a promotion order is issued" in Article 31(2) of the Act means any of the following grounds:

1. Where a person has been sentenced to a criminal conviction and the sentence has become final and conclusive (excluding cases where the sentence becomes final and conclusive following a request for a summary order, but including cases where a heavier sentence than the one sought in a summary order has been imposed and has become final and conclusive);

2. Where a person has been subject to a severe disciplinary action and falls under any of the following:

a. Where the person fails to file an appeal with the appeals review committee under Article 60(1) of the Act within 30 days from the date on which the person is notified of the severe disciplinary action;

b. Where the person has filed an appeal under Article 60(1) of the Act against the severe disciplinary action but the appeals review committee has resolved to dismiss, reject, or uphold the severe disciplinary action;

3. Where a person falls under Article 37(1)1 or 4 of the Act, has been resolved to be discharged by the discharge review committee, and has been discharged, and falls under any of the following items:

a. Where the person fails to file an appeal with the appeals committee under Article 50 of the Act within 30 days from the date on which he or she became aware of the discharge disposition;

b. Where the person has filed an appeal under Article 50 of the Act against the discharge disposition but the appeals committee has rendered a decision to dismiss or reject the appeal.

(4) The promoting authority shall re-include in the list of officers eligible for promotion and promote, as originally scheduled, a person deleted from the list of officers eligible for promotion pursuant to Article 31(2) of the Act, if he or she falls under any of the following subparagraphs; provided, where the scheduled promotion date has passed, the promotion shall be effected at the time of the first appointment after the date on which the relevant cause arises:

1. In cases under paragraph (3)1: Where the person has been sentenced to acquittal in a retrial and the judgment has become final and conclusive;

2. In cases under paragraph (3)2: Where the person falls under any of the following:

a. In a lawsuit for confirmation of nullity or revocation of the disciplinary action, where the person has been sentenced to a judgment of nullity or revocation on the grounds that the misconduct does not constitute grounds for disciplinary action or that the disciplinary period has lapsed, and the judgment has become final and conclusive;

b. In a lawsuit for confirmation of nullity or revocation of the disciplinary action, where the person has been sentenced to a judgment of nullity or revocation on grounds other than those under item a, such as procedural defects or severity of disciplinary action, and the disciplinary committee has thereafter resolved to impose a minor disciplinary action or less;

c. Where the person has been sentenced to a judgment of nullity or revocation of the disciplinary action in a retrial and the judgment has become final and conclusive;

3. In cases under paragraph (3)3: Where the person has been sentenced to a judgment of nullity or revocation of the discharge disposition in a lawsuit for confirmation of nullity or revocation of the discharge disposition, and the judgment has become final and conclusive.

(5) The Chief of Staff (the Commandant of the Marine Corps in the case of the Marine Corps) shall report to the promoting authority the list of persons whose promotion appointment needs to be withheld under paragraph (1) or who need to be deleted from the list of officers eligible for promotion under paragraph (3).

[This Article Wholly Amended on Jan. 30, 2024]

Article 39(Revocation of recommendations and proposals for promotion) #

Where a recommending authority or a proposing authority prescribed in Article 31(1) of the Act revokes a person selected by the selection committee, he or she shall report the reason therefor to the promoting authority.

[This Article Wholly Amended on Jan. 31, 2012]

Article 40(Withholding of promotion appointment for persons on leave of absence) #

(1) Where a person eligible for promotion takes a leave of absence (excluding cases where he or she returns to service before the scheduled date of promotion), the promotion appointment shall be withheld until he or she returns to service. <Amended on Jan. 30, 2024>

(2) Where a person whose promotion appointment has been withheld pursuant to paragraph (1) returns to service, the promoting authority shall issue the promotion appointment from the month following the month of return to service in the month when a vacancy occurs. <Added on Jan. 30, 2024>

[This Article Wholly Amended on Jan. 31, 2012]

[Title Amended Jan. 30, 2024]

Article 41(Expanded organization) #

(1) "Expanded organization" under Article 33 of the Act means a case where the total troop strength of the relevant armed forces increases and units are newly established or expanded, thereby causing a severe imbalance in each rank.

(2) In cases under paragraph (1), the number of persons to whom temporary ranks may be granted shall be limited to the number increased due to the expanded organization.

[This Article Wholly Amended on Jan. 31, 2012]

Article 42(Reversion to the original rank) #

(1) "Lower position" under Article 34 of the Act means a position of a rank lower than the temporary rank granted.

(2) A person who has been granted a temporary rank shall revert to his or her original rank upon falling under any of the following subparagraphs:

1. Where he or she takes a leave of absence;

2. Where he or she is subject to a disposition of heavy disciplinary action;

3. Where he or she deserts or absents himself or herself without leave;

4. Where he or she is discharged from active duty;

5. Where he or she is removed.

(3) The date of reversion to the original rank shall be the date on which the cause for such reversion arises.

[This Article Wholly Amended on Jan. 31, 2012]

Article 43(Requirements for special promotion) #

(1) A person who has deceased in action or deceased in the line of duty under Article 30(1) of the Act, or a person who has rendered distinguished service to the State while serving in the military under paragraph (2) of that Article, may be promoted or appointed according to the following classifications: <Amended on Sep. 18, 2025>

1. Officer: One rank;

2. Cadet Officer: Second lieutenant;

3. Sergeant major: Warrant officer;

4. Master sergeants, staff sergeants, and sergeants: One rank;

5. Candidates for noncommissioned officers and staff sergeants: Sergeant;

6. Corporal, Private First Class, Private: One rank.

(2) "A person who has rendered distinguished service to the State while serving in the military" in paragraph (1) means a person who meets the criteria prescribed by the Minister of National Defense, such as having no record of severe disciplinary action (excluding cases where such record has been expunged), and who falls under any of the following subparagraphs; in this case, subparagraphs 2 through 4 shall apply to commissioned officers at the rank of colonel or below, officer candidates, noncommissioned officers, noncommissioned officer candidates, and enlisted soldiers: <Amended on Sep. 18, 2025>

1. A person who, at the risk of his or her life during wartime, an incident, or any national emergency equivalent thereto, performs duties successfully and serves as a model for all military personnel;

2. A person who performs distinguished service and becomes a role model for all military personnel in engagements with the enemy, operations to induce defections, reconnaissance and ambush operations, guard operations, etc.;

3. A person who, at the risk of his or her life during a natural disaster or calamity, renders particularly remarkable merit by rescuing lives or protecting property;

4. Any other person whom the appointing authority recognizes as having made great contributions to the military by demonstrating exceptional job performance.

[This Article Wholly Amended on Jan. 31, 2012]

[Title Amended Sep. 18, 2025]

Article 43-2 #

Deleted. <Aug. 4, 2020>

Article 44(Deferment of discharge) #

(1) The scope of an engineer specializing in precision equipment under Article 39(1)2 of the Act shall be as listed in Appendix 2.

(2) The scope of "a person who is proficient in a foreign language specified by Presidential Decree" under Article 39(1)3 of the Act shall be as specified in Appendix 3.

(3) "A specialized expert, engineer, or technician specified by Presidential Decree" under Article 39(1)4 of the Act means a person appointed to a specialized expert position or a technical or functional expert position.

(4) The scope of "a person appointed to a technical or professional position specified by Presidential Decree" under Article 39(2) of the Act shall be as specified in Appendix 4.

(5) The scope of "who engages in a technical area specified by Presidential Decree as essential to the armed forces" under Article 39(3) of the Act shall be as specified in Appendix 5.

(6) Deferment of discharge under Article 39(4) of the Act shall be based on the application of the person concerned.

[This Article Wholly Amended on Jan. 31, 2012]

Article 45(Application for discharge of long-term service officers) #

A person who desires to be discharged pursuant to Article 35(1) and (2) and Article 41(1) of the Act shall submit an application for discharge to the authority vested with the power of discharge through the chain of command during the period up to 1 year before the desired date of discharge. <Amended on Jun. 25, 2019>

[This Article Wholly Amended on Jan. 31, 2012]

Article 45-2(Awarding of discharge certificates) #

The appointing authority may award a discharge certificate to a person who has served for at least 10 years and is discharged; provided, no discharge certificate shall be awarded to a person falling under Article 49 or to a person removed from service.

[This Article Wholly Amended on Jan. 31, 2012]

Article 46 #

Deleted. <May 29, 1982>

Article 47(Discharge without the consent of the person concerned) #

(1) A person falling under Article 37(1)1, 2, or 4 of the Act shall be discharged within 3 months from the date on which the discharge review committee has resolved to discharge him or her, and a person falling under Article 27(1)3 of the Act shall be discharged within 1 year.

(2) Within the period prescribed in paragraph (1), the date of discharge shall be determined by the authority vested with the power of discharge.

[This Article Wholly Amended on Jan. 31, 2012]

Article 48(Discharge of persons with physical or mental disabilities) #

Standards for physical or mental disabilities unfit for active service under Article 37(1)1 of the Act, standards for physical disabilities that allow continued service under paragraph (3) of that Article, as well as methods of review, procedures for discharge, and other necessary matters shall be prescribed by Decree of the Ministry of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

Article 49(Discharge of persons incompetent for active service) #

(1) "A person specified by Presidential Decree as incompetent for active service" under Article 37(1)4 of the Act means any of the following persons:

1. A person who is unable to perform the duties corresponding to his or her rank due to lack of ability;

2. A person who is deemed unable to serve on active duty due to personality defects;

3. A person who is insincere in the performance of duties or abandons such duties;

4. A person who has other abilities or moral defects that hinder the development of the armed forces.

(2) Standards, review, and other necessary matters regarding persons incompetent for active service shall be prescribed by Decree of the Ministry of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

Article 50(The discharge review committee) #

(1) In order to review the discharge of officers and warrant officers and whether a person with a physical disability under Article 37(3) of the Act may continue active service, a headquarters discharge review committee shall be established in each Service headquarters (the Marine Corps headquarters for the Marine Corps) (referring to the Marine Corps discharge review committee of the Marine Corps headquarters; hereinafter the same shall apply).

(2) In order to review the discharge of non-commissioned officers, a discharge review committee for non-commissioned officers shall be established in a unit to which the authority for discharge of non-commissioned officers has been delegated.

[This Article Wholly Amended on Jan. 31, 2012]

Article 51(Composition of the discharge review committee) #

(1) A discharge review committee shall be composed of not less than 3 but not more than 7 members, who shall be appointed by the commander of the unit where the committee is established.

(2) Members of a discharge review committee shall be appointed from among officers senior to the person under review, and warrant officers and non-commissioned officers senior to the person under review; provided, members of a headquarters discharge review committee shall be appointed from among officers of the rank of colonel or higher.

(3) The chairperson of a discharge review committee shall be the most senior among its members.

(4) A discharge review committee may have a secretary to handle its administrative affairs.

[This Article Wholly Amended on Jan. 31, 2012]

Article 52(Meetings) #

(1) A discharge review committee shall conduct deliberations based on documentary records, but may summon the person subject to discharge review or witnesses when necessary.

(2) Meetings of a discharge review committee shall be closed to the public, and resolutions shall be adopted with the approval of a majority of the members present.

(3) The chairperson shall have the right to vote.

[This Article Wholly Amended on Jan. 31, 2012]

Article 52-2(inclusion of retired military personnel into the reserve forces) #

(1) A person who retires under Article 41 of the Act and a person who has already retired (hereinafter referred to as "retired military personnel") may apply for inclusion into the reserve forces under Article 42(2) of the Act, unless he or she falls under any ground for disqualification under the subparagraphs of Article 10(2) of the Act.

(2) Retired military personnel who wish to apply for inclusion into the reserve forces under paragraph (1) shall submit an application for inclusion into the reserve forces to the Chief of Staff of each branch of the armed forces (referring to the Commandant of the Marine Corps in the case of the Marine Corps; hereinafter the same shall apply in this Article) in accordance with the standards prescribed by the Chief of Staff of each branch of the armed forces.

(3) The chief of staff of each service branch who has received an application for assignment to reserve service pursuant to paragraph (2) shall decide whether to assign the applicant to reserve service and notify the applicant thereof.

(4) The minimum service period of a person who is included into the reserve forces under paragraph (3) shall be the period from the date of inclusion into the reserve forces until the termination of the military service obligation of reserve officers, warrant officers, and non-commissioned officers under Article 72(1) of the Military Service Act; provided, the minimum service period in any of the following cases shall be the period prescribed in each subparagraph; if the period from the date of inclusion into the reserve forces until retirement under Article 42(4) of the Act is less than 2 years, the period prescribed in paragraph (7) of this Article shall apply:

1. Where the period from the date of inclusion into the reserve forces until the termination of the military service obligation of reserve officers, warrant officers, and non-commissioned officers under Article 72(1) of the Military Service Act is less than 2 years: 2 years from the date of inclusion into the reserve forces;

2. Where a person is included after the termination of the military service obligation of reserve officers, warrant officers, and non-commissioned officers under Article 72(1) of the Military Service Act: 2 years from the date of inclusion into the reserve forces.

(5) A person who has been included into the reserve forces under paragraph (3) may apply to the Chief of Staff of each branch of the armed forces for an extension of the service period beyond the minimum service period under paragraph (4), and may apply for retirement even during the extended service period if he or she so wishes.

(6) Where the Chief of Staff of each branch of the armed forces has decided on inclusion into the reserve forces under paragraph (3), or has extended the service period or allowed retirement under paragraph (5), he or she shall notify the Commissioner of the Military Manpower Administration of such fact.

(7) The "certain period of service prescribed by Presidential Decree" in Article 42(4) of the Act means the period from the date of transfer to the reserve forces to the age of retirement pursuant to Article 74(1) of the Act on the Public Officials of the State; provided, where the Minister of National Defense recognizes that an emergency response is urgently required due to wartime, armed conflict, or other national emergency, the Minister may separately prescribe the period of service provided in the main clause.

(8) Except as provided for in paragraphs (1) through (7), matters necessary for the procedures and standards for inclusion into the reserve forces, extension of service period upon application, and retirement shall be prescribed by the Chief of Staff of each branch of the armed forces.

[This Article Wholly Amended on Jul. 7, 2025]

Article 53 #

Deleted. <Jun. 7, 2023>

Article 53-2(Military personnel acting on behalf of others) #

(1) Where a military personnel falls under any of the following subparagraphs, the appointing authority or the proposing authority for appointment may order another military personnel belonging to the same organization (including civilian military employees or general service public officials in charge of the relevant duties, if deemed necessary in consideration of the nature of duties; hereinafter the same shall apply in this Article) to act on behalf of the said military personnel; provided, this shall not apply where a vacancy has been filled pursuant to Article 48(7) of the Act: <Amended on May 7, 2025>

1. Where he or she takes a leave of absence under Article 48(1) through (3) of the Act;

2. Where he or she takes special leave under Article 12(1)1 of the Enforcement Decree of the Framework Act on Military Status and Service (hereinafter referred to as "medical leave"), maternity leave under paragraph (2) of the same Article (hereinafter referred to as "maternity leave"), or miscarriage or stillbirth leave under paragraph (3) of the same Article (hereinafter referred to as "miscarriage or stillbirth leave").

(2) The appointing authority or the proposing authority for appointment may order another military personnel belonging to the same organization to act on behalf of a military personnel who is on a business trip or secondment in order to respond to a disaster under Article 3(1) of the Framework Act on the Management of Disasters and Safety or a calamity under Article 2(1) of the Countermeasures against Natural Disasters Act.

(3) The appointing authority or the proposing authority for appointment may, within the budgetary limits, pay allowances to military personnel acting on behalf of others pursuant to paragraph (1) or (2), as prescribed by the Regulations on Allowances for Public Officials. <Amended on May 7, 2025>

[This Article Wholly Amended on Jul. 30, 2024]

Article 54(Reinstatement and restoration of rights) #

(1) A person who has been on leave of absence under Article 48(1)1 and paragraph (3) of that Article shall be reinstated by operation of law when the grounds for such leave have been resolved.

(2) A person who has been on leave of absence under Article 48(2) shall be reinstated by operation of law when he or she is acquitted or when the prosecution is dismissed.

[This Article Wholly Amended on Jan. 31, 2012]

Article 54-2(Exclusion from application of childcare leave) #

The "special circumstances prescribed by Presidential Decree" under the proviso, other than the subparagraphs, of Article 48(3) of the Act means a case of wartime, armed conflict, or other national emergency equivalent thereto.

[This Article Wholly Amended on Jan. 31, 2012]

Article 54-3(Divided use of childcare leave) #

Where the appointing authority grants leave under Article 48(3)4 of the Act (hereinafter referred to as "childcare leave"), the appointing authority may, as prescribed by the Minister of National Defense, order such leave to be divided into periods if the relevant military personnel so desires. <Amended on Jun. 25, 2019; May 7, 2025>

[This Article Wholly Amended on Jan. 31, 2012]

Article 54-4(Filling vacancies due to childcare leave) #

Where childcare leave of three months or more is taken in connection with maternity leave, vacancies may be filled by deeming that authorized personnel quotas are separately allocated pursuant to the proviso of Article 48(7) of the Act. <Amended on Jun. 25, 2019>

[This Article Wholly Amended on Jan. 31, 2012]

Article 54-5(Family care leave) #

The "case where there is no one other than the applicant to provide care or other conditions prescribed by Presidential Decree" under the proviso of Article 48(3)5 of the Act means any of the following cases:

1. Where caring for grandparents: Where there is no lineal descendant of the grandparents other than the applicant; provided, this includes cases where other lineal descendants exist but the applicant has no choice but to provide care due to illness, old age, disability, or minority;

2. Where caring for grandchildren: Where there is no lineal ascendant or sibling of the grandchildren other than the applicant; provided, this includes cases where other lineal ascendants or siblings exist but the applicant has no choice but to provide care due to illness, old age, disability, or minority.

[This Article Wholly Amended on May 7, 2025]

Article 54-6(Management of service of military personnel on leave) #

(1) Where a military person on leave under Article 48 of the Act engages in any act that seriously contravenes the purpose of the leave, such as violating the prohibition of for-profit activities and concurrent posts under Article 30 of the Enforcement Decree of the Framework Act on Military Status and Service, the appointing authority may order his or her reinstatement.

(2) Military personnel on leave under Article 48 of the Act (excluding paragraph (1)2 thereof) shall report their service status to the Minister of National Defense or the Chief of Staff of each armed force (or to the Commandant of the Marine Corps in the case of the Marine Corps).

(3) Detailed matters concerning the management of service of military personnel on leave under paragraphs (1) and (2) shall be prescribed by the Minister of National Defense.

[This Article Added on Jan. 30, 2024]

Article 55(Composition of Appeals Committees) #

(1) The members of the Central Military Personnel Appeals Committee under Article 51(1) of the Act shall be appointed by the Minister of National Defense, and the members of the Military Personnel Appeals Committee shall be appointed by the Chief of Staff of each armed force, respectively; provided, where a judge advocate is appointed as a member, such member need not be senior in rank to the appellant, while in other cases, military members shall be officers senior in rank to the appellant.

(2) The chairperson of the Appeals Committee shall be the most senior officer among the members. <Amended on Jan. 30, 2024>

(3) The operation of an Appeals Committee shall be under the jurisdiction of the department in charge of legal affairs, and one secretary shall be assigned to each Committee.

[This Article Wholly Amended on Jan. 31, 2012]

Article 56 #

Deleted. <Jan. 31, 2012>

Article 57(Written appeal) #

(1) A written appeal shall state the gist and reasons of the objection, and the appellant's address, former affiliation, rank, military service number, and date of birth, and shall bear his or her signature or seal.

(2) Documents favorable to the appellant or necessary to prove the gist and reasons of the objection may be attached to the written appeal.

[This Article Wholly Amended on Jan. 31, 2012]

Article 58(Review and decision by the Appeals Committee) #

(1) The appeals committee may, if necessary, cause the relevant official to conduct a fact-finding investigation or order the head of the relevant unit or agency to submit related documents.

(2) The determination of the Appeals Committee shall be made by the attendance of not less than 2/3 of all members and the agreement of a majority of those present. Where opinions are divided and no agreement of a majority of those present is reached, the most unfavorable opinion to the appellant shall be successively combined with more favorable opinions until a majority of those present is reached, and such opinion shall be deemed the agreed opinion.

(3) The Appeals Committee shall, unless there is a compelling reason not to do so, render a decision on the appeal within 30 days from the date of receipt of the written appeal.

(4) A decision of the Appeals Committee shall be classified as follows and shall be made in a written decision stating the reasons therefor:

1. Where the request for review is unlawful, it shall be dismissed;

2. Where the request for review is deemed groundless, it shall be rejected;

3. Where the request for review for the cancellation or alteration of a disposition is deemed well-grounded, it shall order the head of the unit or agency that rendered the disposition to cancel or alter such disposition.

[This Article Wholly Amended on Jan. 31, 2012]

Article 58-2(Utilization of remote video conference method) #

(1) The Appeals Committee may deliberate and determine by means of a remote video conference method in which members, the appellant, and other parties concerned to the case who attend the meeting (hereinafter in this paragraph referred to as "attendees") attend in different places equipped with devices through which video and audio are transmitted and received simultaneously. In such cases, the members of the Appeals Committee and the attendees shall be deemed to have attended in the same meeting room.

(2) Where the Appeals Committee proceeds with deliberation by means of a remote video conference method pursuant to paragraph (1), it shall take necessary security measures to prevent the leakage of the personal information of the appellant and other parties concerned to the case, as well as the contents and results of the meeting.

(3) Matters necessary for the operation of a remote video conference other than those prescribed in paragraphs (1) and (2) shall be determined by the Minister of National Defense.

[This Article Added on Mar. 16, 2021]

Article 59(Effect of decisions of the Committee) #

(1) Where the Appeals Committee has made a decision to cancel or change discharge, removal, suspension from duty, or other disadvantageous disposition, the head of the unit or institution that made such disposition shall reinstate the appellant to active service or to his or her former position, or cancel or change the disadvantageous disposition within 30 days.

(2) Where it has been decided that the grounds for appeal are not in conformity with the law or that the appeal for deliberation is without merit, the appeal shall be terminated by notifying the appellant within 15 days.

[This Article Wholly Amended on Jan. 31, 2012]

Article 59-2(Retrial) #

(1) Where the head of the unit or institution that made the disposition deems the decision of the Appeals Committee unjust, he or she may request a retrial by clearly stating the reasons within 10 days from the date of receipt of the notification of the decision, and if no request for a retrial is made, the decision of the Appeals Committee shall become final and conclusive upon the expiration of that period.

(2) Notwithstanding a request for a retrial under paragraph (1), where the Appeals Committee has made the same decision as before, such decision shall be finalized as the decision of the Appeals Committee.

[This Article Wholly Amended on Jan. 31, 2012]

Article 60(Delegation provisions) #

Matters specially required for appeals, other than those prescribed in this Decree, shall be prescribed by Decree of the Ministry of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

Article 60-2(Persons eligible for vocational guidance and education) #

(1) Where vocational guidance and education is provided pursuant to Article 46-2 of the Act, the persons eligible for such education shall be officers, warrant officers, noncommissioned officers, or enlisted personnel who wish to receive vocational guidance and education before discharge for employment after discharge; provided, persons recognized as already possessing the qualifications required for employment after discharge may be excluded from the eligible persons. <Amended on May 8, 2017; Jun. 25, 2019>

(2) The period of vocational guidance and education under paragraph (1) shall be determined by the Minister of National Defense within the scope of 1 year prior to discharge, taking into account the budget and the conditions of the unit in which the person serves; where the period of vocational guidance and education exceeds 6 months, the personnel subject to such education shall be deemed to be separately counted in the quota, and the vacant posts may be replenished after consultation with the Minister of Planning and Budget. <Amended on Dec. 30, 2025>

(3) The vocational guidance and education under paragraph (1) may be conducted as in-service education or entrusted education according to the individual's preference.

(4) Notwithstanding paragraph (3), where the Minister of National Defense deems it necessary for the effective implementation of vocational guidance and education, he or she may recommend persons who have served in active service for less than 5 years and are scheduled to be discharged as officers, warrant officers, or noncommissioned officers to institutions conducting vocational competency development training under the National Lifelong Vocational Skills Development Act, to receive such training. <Added on Apr. 30, 2024>

(5) Necessary matters concerning the selection criteria, education period, and operation of persons eligible for vocational guidance and education, and recommendation of persons subject to vocational competency development training, shall be prescribed by the Minister of National Defense. <Amended on Apr. 30, 2024>

(6) The Minister of National Defense may have affairs related to vocational guidance and education performed by an institution or organization equipped with the personnel and organization necessary for vocational guidance and education, and designated and publicly announced by the Minister of National Defense. <Amended on Apr. 30, 2024>

(7) An institution or organization entrusted with affairs related to vocational guidance and education under paragraph (6) may, where necessary to provide employment support, be provided with employment-related information, etc. from the Minister of Patriots and Veterans Affairs and the Minister of Employment and Labor, and utilize it for employment support services for persons eligible for vocational guidance and education. <Amended on Apr. 11, 2023; Apr. 30, 2024>

[This Article Wholly Amended on Jan. 31, 2012]

Article 60-3(Support for expenses for vocational guidance and education) #

(1) A person selected as eligible for vocational guidance and education under Article 60-2 may be provided with educational expenses within the budgetary limits.

(2) Necessary matters concerning the requirements and methods for the payment of educational expenses under paragraph (1) shall be prescribed by the Minister of National Defense.

[This Article Wholly Amended on Jan. 31, 2012]

Article 60-4(Master plan for development of defense qualifications) #

(1) The Minister of National Defense shall, every 5 years, formulate and implement a master plan for the development of defense qualifications in order to develop national qualifications in the defense sector pursuant to Article 46-4 of the Act (hereinafter referred to as "defense qualifications") and to efficiently operate the defense qualification system.

(2) The master plan for the development of defense qualifications under paragraph (1) shall include the following matters:

1. Matters concerning the mid- to long-term policy goals and directions of the defense qualification system;

2. Matters concerning the mid- to long-term policy goals and directions of the defense qualification system;

3. Matters concerning the establishment, modification, and abolition of categories of defense qualifications;

4. Matters concerning the promotion of employment and utilization of holders of defense qualifications;

5. Matters concerning the performance and evaluation of the operation of the defense qualification system;

6. Other matters necessary for the development of the defense qualification system.

[This Article Added on Jun. 17, 2013]

[Previous Article 60-4 moved to Article 60-11 <Jun. 17, 2013>]

Article 60-5(Categories and grades of defense qualifications) #

The categories and grades of defense qualifications shall be prescribed by Decree of the Ministry of National Defense after deliberation by the Qualification Policy Deliberation Committee under Article 8(1) of the Framework Act on Qualifications.

[This Article Added on Jun. 17, 2013]

[Previous Article 60-5 Moved to Article 60-12 <Jun. 17, 2013>]

Article 60-6(Requirements for acquisition of national defense qualifications) #

"Those who meet requirements for the acquisition of national qualifications prescribed by Presidential Decree after the completion of education" in Article 46-4(4) of the Act means those who have the eligibility requirements such as the curriculum and service career prescribed by Decree of the Ministry of National Defense for each national defense qualification and who have passed the national defense qualification examination under Article 60-7.

[This Article Added on Jun. 17, 2013]

[Previous Article 60-6 moved to Article 60-13 <Jun. 17, 2013>]

Article 60-7(National defense qualification examinations) #

(1) The Minister of National Defense shall conduct national defense qualification examinations at least once a year.

(2) Necessary matters concerning the standards, methods, and procedures of the national defense qualification examinations under paragraph (1) shall be prescribed by Decree of the Ministry of National Defense.

[This Article Added on Jun. 17, 2013]

[Previous Article 60-7 Moved to Article 60-14 <Jun. 17, 2013>]

Article 60-8(National defense qualification certificates) #

(1) The Minister of National Defense shall issue a certificate (hereinafter referred to as "national defense qualification certificate") proving the acquisition of national qualifications under Article 46-4(4) of the Act to a person who has passed a national defense qualification examination under Article 60-7.

(2) A person who has been issued a national defense qualification certificate may have it reissued in accordance with the Decree of the Ministry of National Defense if he or she loses the certificate or if the certificate is damaged and cannot be used.

[This Article Added on Jun. 17, 2013]

[Previous Article 60-8 Moved to Article 60-15 <Jun. 17, 2013>]

Article 60-9(Support for acquisition of qualifications by military personnel) #

(1) The persons eligible for support for the acquisition of qualifications under Article 46-6(2)3 of the Act shall be as follows:

1. Persons enlisted without having graduated from high school, for whom academic achievement is recognized through a qualification examination;

2. Persons acquiring a degree under the Act on the Act on the Acquisition of Academic Degrees through Self-Education;

3. Persons undergoing proficiency tests for language skills, job competencies, or other abilities deemed necessary by the Minister of National Defense.

(2) The Minister of National Defense may take the following measures to support military personnel in acquiring qualifications under Article 46-6 of the Act:

1. Providing guidance concerning the acquisition of qualifications;

2. Providing opportunities to sit for qualification examinations and tests;

3. Providing online or in-person training courses for the acquisition of qualifications;

4. Providing facilities and equipment for the acquisition of qualifications;

5. Providing financial support necessary for the acquisition of qualifications.

[This Article Wholly Amended on Jun. 20, 2017]

Article 60-10 #

Deleted. <Jun. 20, 2017>

Article 60-11 #

Deleted. <Jun. 28, 2016>

Article 60-12 #

Deleted. <Jun. 28, 2016>

Article 60-13 #

Deleted. <Jun. 28, 2016>

Article 60-14 #

Deleted. <Jun. 28, 2016>

Article 60-15 #

Deleted. <Jun. 28, 2016>

Article 60-16 #

Deleted. <June 28, 2016>

Article 60-17 #

Deleted. <Jun. 28, 2016>

Article 60-18 #

Deleted. <Jun. 28, 2016>

Article 60-19 #

Deleted. <Jun. 28, 2016>

Article 60-20 #

Deleted. <Jun. 28, 2016>

Article 60-21 #

Deleted. <Jun. 28, 2016>

Article 60-22 #

Deleted. <Jun. 28, 2016>

Article 60-23(Classification of the deceased) #

(1) The criteria for the classification of 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.") under Article 54-2(1) of the Act shall be as follows: <Amended on Aug. 4, 2020; Jun. 30, 2022>

1. A deceased in action under Article 54-2(1)1 of the Act: A deceased person falling under any of Appendix 7;

2. A deceased in the line of duty under Article 54-2(1)2 of the Act:

a. A deceased in the line of duty Type I: A deceased person falling under any of 2-1-1 through 2-1-17 of Appendix 8;

b. A deceased in the line of duty Type II: A deceased person falling under any of 2-2-1 through 2-2-7 of Appendix 8;

c. A deceased in the line of duty Type III: A deceased person falling under any of 2-3-1 through 2-3-14 of Appendix 8;

3. A deceased person under Article 54-2(1)3 of the Act: A deceased person not falling under any of Appendix 7 or Appendix 8;

4. A person wounded in action under Article 54-2(1)4 of the Act: A person wounded falling under any of Appendix 9;

5. A person wounded in the line of duty under Article 54-2(1)5 of the Act: A person wounded falling under any of Appendix 10;

6. A person wounded not in the line of duty under Article 54-2(1)6 of the Act: A person wounded not falling under any of Appendix 9 or Appendix 10.

(2) "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" under the proviso of Article 54-2(2) of the Act means a case falling under any of the following subparagraphs: <Added on Jun. 30, 2022>

1. Where a person dies by intent or gross negligence;

2. Where a person dies caused by an unlawful act;

3. Where a person dies during desertion or absence without leave;

4. Where a person dies caused by a personal act not related to the performance of duty.

[This Article Added on Sep. 22, 2015]

[Previous Article 60-23 moved to Article 60-30 <Sep. 22, 2015>]

Article 60-24(Organization and operation of general committee for examination of combat and non-combat casualties) #

(1) The chairperson of the general committee for examination of combat and non-combat casualties under Article 54-3(1) of the Act (hereinafter referred to as the "general committee") shall represent the general committee and supervise its affairs.

(2) Where the chairperson of the general committee is unable to perform his or her duties for unavoidable reasons, a member designated in advance by the chairperson shall act on his or her behalf.

(3) A member of the general committee who is not a public official and attends the general committee may be paid allowances and travel expenses within the budgetary limits.

(4) Matters necessary for the organization and operation of the general committee, other than those provided for in paragraphs (1) through (3), shall be prescribed by the Chief of Staff.

[This Article Wholly Amended on Aug. 4, 2020]

Article 60-25(Reexamination of combat and non-combat casualties and organization of the Central Committee for Examination of Combat and Non-Combat Casualties) #

(1) Other national agencies vested with the authority of investigation under Article 54-4(1)2 of the Act shall be the Anti-Corruption and Civil Rights Commission and the National Human Rights Commission of Korea.

(2) The party concerned or his or her heir under the Civil Act may, only once, request the Central Committee for Examination of Combat and Non-Combat Casualties (hereinafter referred to as the "Central Committee") to re-examine the same claim that has already been re-examined by the Central Committee under Article 54-4(2) of the Act.

(3) "Unavoidable reasons prescribed by Presidential Decree" in Article 54-4(6) of the Act means any of the following cases: <Added on Jul. 7, 2025>

1. Where the person who requested reexamination under Article 54-4(1)1 of the Act requests suspension of the reexamination;

2. Where the date and time of the reexamination cannot be notified due to reasons such as being unable to contact the party concerned or his or her heir under the Civil Act;

3. Where the head of an investigative or prosecutorial authority, such as the Board of Audit and Inspection, the prosecution service, the police (including the military prosecution service and the military police), or another national agency vested with the authority of investigation under Article 54-4(1)2 of the Act, is conducting an investigation into the death or injury of a person deceased in action, deceased in the line of duty, or otherwise injured;

4. Where the Director General of the Criminal Investigation Command is conducting an investigation into the death of a person deceased in action, etc., pursuant to subparagraph 4 of Article 1 of the Decree of the Criminal Investigation Command;

5. Where there exists any other ground equivalent to those under subparagraphs 1 through 4, and the Minister of National Defense recognizes that a reexamination cannot be conducted from the date of request for reexamination under Article 54-4(1)1 of the Act, or the date of recommendation or decision under subparagraph 2 of that paragraph.

(4) The chairperson of the Central Committee shall represent the Central Committee and supervise its affairs. <Amended on Jul. 7, 2025>

(5) Where the chairperson of the Central Committee is unable to perform his or her duties for unavoidable reasons, a member designated in advance by the chairperson shall act on his or her behalf. <Amended on Jul. 7, 2025>

(6) A member of the Central Committee who is not a public official and attends the Central Committee may be paid allowances and travel expenses within the budgetary limits. <Amended on Jul. 7, 2025>

(7) Matters necessary for the organization and operation of the Central Committee, other than those provided for in paragraphs (4) through (6), shall be prescribed by the Minister of National Defense. <Amended on Jul. 7, 2025>

[This Article Wholly Amended on Aug. 4, 2020]

Article 60-26 #

Deleted. <Aug. 4, 2020>

Article 60-27(Disqualification, challenge, and recusal of members) #

(1) Where a member of the Central Committee or the general committee (hereinafter referred to as the "committee for examination of combat and non-combat casualties") falls under any of the following cases, he or she shall be disqualified from deliberating or voting on the relevant agenda:

1. Where the member, his or her spouse, or former spouse is the party concerned or an heir under the Civil Act (hereinafter referred to in this Article as the "party, etc."), or a co-rights holder with the party, etc. of the agenda;

2. Where the member is or was a relative of the party, etc. of the agenda;

3. Where the member has provided consultation, research, service (including subcontracting), appraisal, or investigation in relation to the agenda;

4. Where the member has acted or has acted as the agent of the party, etc. in relation to the agenda.

(2) Where it is deemed difficult to expect fair deliberation or voting by a member, the party, etc. of the agenda may file a request for challenge with the committee for examination of combat and non-combat casualties, and the committee shall decide on the request by resolution. In such cases, the member subject to the challenge shall not participate in the resolution.

(3) Where a member falls under any of the grounds for disqualification under paragraph (1), he or she shall notify the committee for examination of combat and non-combat casualties of such fact and voluntarily recuse himself or herself from deliberating or voting on the relevant agenda.

(4) Where a member of the committee for examination of combat and non-combat casualties falls under any of the grounds under paragraph (1) but fails to recuse himself or herself, the appointing or commissioning authority of such member may dismiss or release him or her from duty.

[This Article Added on Sep. 22, 2015]

Article 60-28(Secretary) #

(1) For handling the affairs of the Central Committee and the general committee, one secretary shall be assigned to each of the Central Committee and the committee for examination of combat and non-combat casualties.

(2) The secretary shall be designated by the Minister of National Defense in the case of the Central Committee, and by the Chief of Staff of each armed force in the case of the general committee.

[This Article Added on Sep. 22, 2015]

Article 60-29(Disclosure of minutes) #

(1) Where a deceased in action, etc. or his or her surviving family requests disclosure of the minutes of the general committee or the Central Committee under the main clause of Article 54-2(2) of the Act, the general committee or the Central Committee shall disclose them to the requester by allowing perusal or providing a copy within 3 months from the date of the request.

(2) Where the minutes requested to be disclosed under paragraph (1) contain both disclosable matters and matters relating to individuals such as names or resident registration numbers, and it is possible to separate the 2 parts without undermining the purpose of the disclosure request, such parts shall be disclosed after separation.

[This Article Wholly Amended on Aug. 4, 2020]

Article 60-30(Request for materials) #

(1) The "grounds prescribed by Presidential Decree, such as when the deceased in action, etc. has died or fallen into a state of unconsciousness and thus consent cannot be obtained" under the former part of Article 54-6 of the Act means any of the following:

1. Where the deceased in action, etc. has died or is in a state of unconsciousness;

2. Where the deceased in action, etc. is unable to express his or her intention normally due to old age, injury, or illness.

(2) The matters related to medical treatment of the deceased in action, etc. for which the Central Committee or the general committee may request perusal or the provision of copies under Article 54-6 of the Act shall be as follows:

1. Medical certificates under Article 17 of the Medical Service Act;

2. Prescriptions under Article 17-2 of the Medical Service Act;

3. Medical records and electronic medical records under Articles 22 and 23 of the Medical Service Act;

4. Other materials deemed necessary by the Central Committee or the general committee for examining whether the deceased in action, etc. has died or sustained an injury.

(3) Where the Central Committee or the general committee requests perusal or the provision of copies of the matters under the subparagraphs of paragraph (2) pursuant to Article 54-6 of the Act, such request shall be made in writing.

(4) A medical institution in receipt of a request for perusal or the provision of copies under paragraph (3) shall, unless there is a compelling reason not to do so, allow perusal or provide copies within 10 days by any of the following methods:

1. Sending the copies to the Central Committee or the general committee;

2. Allowing perusal or directly providing copies to military personnel under the Ministry of National Defense or each armed service headquarters designated by the Central Committee or the general committee.

[This Article Added on Apr. 30, 2024]

[Previous Article 60-30 moved to Article 60-31 <Apr. 30, 2024>]

Article 60-31(Classification of the deceased in action, etc. subject to special cases of examination of combat and non-combat casualties) #

The standards for the recognition of deceased in action or deceased in the line of duty under Article 54-7(1) of the Act shall be as follows:

1. A deceased in action under Article 54-7(1) of the Act: A person who was discharged after being recognized as a wounded in action falling under any of the items of Appendix 9 and died in the course of treatment due to the direct cause of such wound;

2. A deceased in the line of duty under Article 54-7(1) of the Act:

a. A deceased in the line of duty type I: A person who was discharged after being recognized as injured in the line of duty falling under any of 2-1-1 through 2-1-17 of Appendix 10 and died in the course of treatment due to the direct cause of such injury;

b. A deceased in the line of duty type II: A person who was discharged after being recognized as injured in the line of duty falling under any of 2-2-1 through 2-2-6 of Appendix 10 and died in the course of treatment due to the direct cause of such injury or disease;

c. A deceased in the line of duty type III: A person who was discharged after being recognized as injured in the line of duty falling under any of 2-3-1 through 2-3-14 of Appendix 10 and died in the course of treatment due to the direct cause of such injury or disease.

[This Article Added on Jan. 30, 2024]

[Moved from Article 60-30; previous Article 60-31 moved to Article 60-32 <Apr. 30, 2024>]

Article 60-32(Selection of persons eligible for incentive payments) #

(1) The Chiefs of Staff of each armed force may select persons eligible for incentive payments among those falling under any subparagraph of Article 62-2(1) of the Act by evaluating their written examination scores, physical fitness test results, and outcomes of military training.

(2) The amount of incentive payments shall be determined by the Minister of National Defense within the limits of tuition fees and study allowances, etc. necessary for school life.

(3) Matters concerning the method and time of incentive payments, other than those prescribed in paragraphs (1) and (2), shall be prescribed by Decree of the Ministry of National Defense.

[This Article Added on Mar. 30, 2015]

[Moved from Article 60-31 <Apr. 30, 2024>]

Article 60-33(Scope of military personnel eligible for financial support) #

(1) Military personnel eligible for financial support under Article 62-3(1) of the Act shall be any of the following persons:

1. Long-term service officers specified in any of the subparagraphs of Article 6(2) of the Act;

2. Short-term service officers specified in Article 6(3)1 of the Act;

3. Short-term service officers specified in Article 6(3)1-2 of the Act;

4. Long-term service noncommissioned officers under Article 6(6) of the Act.

(2) The amount of financial support provided to the military personnel specified in the subparagraphs of paragraph (1) shall be equal to 100 percent of the amount deposited into a financial product handled by a company or corporation specified in the subparagraphs of Article 62-3(1) of the Act under an agreement with the Minister of National Defense (hereafter in this Article referred to as "financial product"), from the date of subscription until the maturity date thereof (or, if a member of the military who has subscribed to the financial product is discharged from active service or removed from the military register under Article 37(1)1 or 40(1)1, 2, or 6 of the Act, the date of such discharge or removal; hereafter in this Article the same shall apply).

(3) A member of the military seeking financial support under paragraph (2) shall submit documents verifying whether he or she is eligible for support under paragraph (1) to the company or corporation with which the member subscribed to the financial product within 1 week after subscribing to the product.

(4) If a member of the military who has subscribed to a financial product falls under any of the following cases before the maturity date of the product, the Minister of National Defense shall not provide the financial support under paragraph (2):

1. Where the contract is voluntarily terminated;

2. Where the member is discharged from active service under the proviso of Article 7(1)1, 2, or 6 of the Act;

3. Where the member is discharged from active service upon his or her own request under Article 35 of the Act;

4. Where the member is discharged from active service under Article 37(1)2 through 4 of the Act;

5. Where the member is removed from the military register under Article 40(1)3 through 5 of the Act.

(5) If a member of the military has subscribed to a financial product falls under any of the following cases after receiving financial support, the Minister of National Defense shall recover the financial support under paragraph (2) (including any interest accrued thereon):

1. Where the member fails to complete the compulsory service period due to being discharged from active service under the proviso of Article 7(1)1, 2, or 6 of the Act;

2. Where the member fails to complete the compulsory service period due to being discharged from active service under Article 37(1)2 through 4 of the Act;

3. Where the member fails to complete the compulsory service period due to being removed from the military register under Article 40(1)3 through 5 of the Act.

(6) Except as provided in paragraphs (1) through (5), matters necessary for financial support shall be determined and publicly notified by the Minister of National Defense.

[This Article Added on Feb. 3, 2026]

Article 61(Eligibility scope for selection of persons whose retirement age by rank has been extended) #

The eligibility scope for selection shall include those whose retirement age by rank has been extended under Article 8 of the Addenda to the Military Personnel Act (Act No. 1006) and Article 3 of the Addenda of the partial amendment to the Military Personnel Act (Act No. 1406).

[This Article Wholly Amended on Jan. 31, 2012]

[Moved from Article 99 <Jan. 31, 2012>]

Article 61-2(Special cases concerning retirement age of majors) #

Under Article 2 of the Addenda of the partial amendment to the Military Personnel Act (Act No. 19475), the retirement age of majors shall be 46 from 2024 to 2026, 47 from 2027 to 2029, 48 from 2030 to 2032, and 49 from 2033 to 2035; provided, for those who reached the retirement age under the previous Act (referring to the Act before being amended by the partial amendment to the Military Personnel Act (Act No. 19475); hereinafter the same shall apply in this Article) before January 1, 2024, which is the enforcement date of the partial amendment to the Military Personnel Act (Act No. 19475), the retirement age under the previous Act shall apply.

[This Article Added on Dec. 19, 2023]

Article 62(Handling of sensitive information and personally identifiable information) #

The Minister of National Defense and the Chiefs of Staff of each armed force (in the case of the Marine Corps, referring to the Commandant of the Marine Corps) may handle information falling under criminal record data prescribed in subparagraph 2 of Article 18 the Enforcement Decree of the Personal Information Protection Act and materials containing resident registration numbers prescribed in subparagraph 1 of Article 19 of that Decree, if unavoidable in order to perform the following affairs: <Amended on Jul. 18, 2014; Sep. 22, 2015; Jan. 12, 2016; Mar. 27, 2017; Jun. 25, 2019; Aug. 4, 2020; Jul. 30, 2024; Jul. 7, 2025>

1. Affairs concerning the selection for long-term service under Article 6(4) and (8) of the Act;

2. Affairs concerning the appointment of officers, warrant officers, and noncommissioned officers under Articles 9, 10, 11, 11-2, 11-3, 14, and 14-2 of the Act;

3. Affairs concerning promotion under Article 24 of the Act;

4. Affairs concerning discharge under Article 35 of the Act;

5. Affairs concerning deliberation on whether a person unfit for active service due to physical or mental disability under Article 37(1)1 of the Act shall be discharged;

5-2. Affairs concerning enlistment in the reserve forces under Article 42 of the Act;

5-3. Affairs concerning vocational guidance and education under Article 46-2 of the Act;

6. Affairs concerning honorable discharge under Article 53-2 of the Act;

7. Affairs concerning examination of death or injury of deceased in action, deceased in the line of duty, etc. under Articles 54-2 through 54-4 of the Act.

[This Article Added on Jan. 16, 2013]

[Title Amended on Jul. 18, 2014]