Article 1(Purpose) #
The purpose of this Act is to provide for matters necessary for the establishment of policies on the welfare of military personnel and the implementation of welfare programs for military personnel in order to promote the stabilization of their livelihood and the improvement of their quality of life, boost the morale of the military, and further motivate military personnel to devote themselves to the performance of their duties.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Mar. 27, 2015>
1. The term "military personnel" means an officer, a warrant officer, a non-commissioned officer, or an enlisted solider under subparagraph 1 of Article 2 of the Military Personnel Management Act;
2. The term "family member of a military personnel" means any of the following persons:
(a) Spouse;
(b) A lineal ascendant of a military personnel or his or her spouse;
(c) A lineal descendant of a military personnel or his or her spouse;
3. The term "welfare facility" means any of the following facilities run by the Minister of National Defense for the improvement of welfare of military personnel:
(a) A dormitory for children of military personnel;
(b) A military shop or a gas station in a military base;
(c) A welfare hall, a resort facility, or a condominium;
(d) Other facilities deemed necessary for the enhancement of welfare of military personnel and designated by the Minister of National Defense;
(e) A facility ancillary to a facility under any provision of items (a) through (d);
4. The term "sports facility" means a facility established to maintain and improve the physical strength of military personnel (including a military golf course).
Article 3(Responsibilities of the State) #
(1) The State shall develop conditions by which military personnel who perform the duty of homeland defense are able to devote themselves to the performance of their duties while in active service and enjoy a stable life following active service.
(2) The State shall establish and enforce policies necessary for the welfare of military personnel.
Article 4(Relationship to other statutes) #
Except as provided for by other statutes, the welfare of military personnel shall be governed by this Act.
Article 5(Financial resources for welfare programs) #
Financial resources required for welfare programs for military personnel shall be appropriated from the Military Welfare Fund under the Military Welfare Fund Act and donations under the Act on Collection and Use of Donations. <Amended on Jan. 14, 2014>
Article 6(Establishment and enforcement of basic military welfare plan) #
(1) The Minister of National Defense shall prepare a basic military welfare plan (hereinafter referred to as the "basic plan") every five years, subject to prior deliberation by the Military Welfare Committee provided for under Article 8, and shall finalize the basic plan with the approval of the President, subject to prior consultation with heads of related central administrative agencies. The foregoing shall also apply to an intended amendment of the basic plan so established.
(2) The basic plan shall include the following matters:
1. The basic goals and direction of military welfare policies;
2. Matters concerning the establishment and operation of welfare facilities and sports facilities for military personnel (hereinafter referred to as "welfare facilities, etc.");
3. Matters concerning the procurement and management of financial resources required for welfare programs for military personnel;
4. Other matters deemed necessary for the improvement of welfare of military personnel.
(3) The head of each central administrative agency shall establish an annual implementation plan for affairs under his or her jurisdiction in accordance with the basic plan, notify the Minister of National Defense of the plan, and enforce it.
(4) The procedure for the establishment of the basic plan and matters necessary for the establishment and enforcement of implementation plans shall be prescribed by Presidential Decree.
Article 7(Factual survey) #
(1) The Minister of National Defense shall conduct a factual survey on the actual state of military welfare every five years and reflect the results therefrom in the basic plan.
(2) Matters necessary for the matters, methods, etc. of the factual survey under paragraph (1) shall be prescribed by Presidential Decree.
Article 8(Military Welfare Committee) #
(1) The Military Welfare Committee (hereinafter referred to as the "Committee") shall be installed within the Ministry of National Defense for purposes of deliberation on matters concerning the establishment and enforcement of military welfare policies.
(2) The Committee shall be comprised of not more than 10 members, including one chairperson.
(3) The Vice Minister of National Defense shall serve as the chairperson, and committee members shall be commissioned or appointed by the Minister of National Defense from among persons who have extensive learning and experience in policies on military welfare as well as public officials in general service from related central administrative agencies and public officials from the Ministry of National Defense who are members of the Senior Executive Service.
(4) The Committee shall deliberate on the following matters:
1. Matters concerning the basic direction of military welfare policies;
2. Matters concerning the improvement of statutes and regulations, and systems for the enhancement of military welfare and the budgetary support thereof;
3. Matters concerning the establishment of the basic plan;
4. Matters concerning the factual survey on military welfare under Article 7;
5. Other matters that the chairperson proposes in connection with military welfare.
(5) The Committee shall have one executive secretary to be assigned the administrative affairs of the Committee and who shall be appointed by the chairperson from among the public officials under the jurisdiction of the Minister of National Defense.
(6) Matters necessary for the term of office for committee members and the organization and operation of the Committee shall be prescribed by Presidential Decree.
Article 9(Furnishing of military accommodation) #
(1) The State shall furnish military personnel (excluding non-voluntary non-commissioned officers and enlisted soldiers; hereafter the same shall apply in this Article and Article 10) with any of the following accommodations in order to enable military personnel to maintain stability in housing, thereby devoting themselves to their duties; provided, accommodation falling under subparagraph 2 shall be furnished only to military personnel who have not been furnished with official residences: <Amended on Mar. 27, 2015; Dec. 24, 2018>
1. Official residences or dormitories for single persons (hereinafter referred to as "military accommodations" in this Article);
2. Subsidizing money for a private housing lease falling under any of the following:
(a) Loans of a lease security deposit, or of deposit money used in a house lease on a deposit basis without monthly rent;
(b) Interest on money loaned for a lease security deposit, or for deposit money used in a house lease on a deposit basis without monthly rent;
(c) Monthly rents.
(2) The State may collect money incurred in accommodation including a tenant's security deposit, from military personnel furnished with accommodation pursuant to paragraph (1) 1 and 2. <Added on Dec. 24, 2018>
(3) The size of military accommodations and the standards of facilities shall be prescribed within the budget, taking average national housing standards into account. <Amended on Dec. 24, 2018>
(4) Matters necessary for the management of military accommodations, subsidization of money for a private housing lease, and collection of money incurred in accommodation shall be determined by the Minister of National Defense. <Amended on Mar. 27, 2015; Dec. 24, 2018>
[Title Amended on Mar. 27, 2015]
Article 9-2(Entrustment of management of military accommodation) #
(1) The Minister of National Defense may, if necessary, entrust the management of military accommodations under Article 9 (4) to any of the following institutions, corporations, or organizations designated by the Minister of National Defense (hereafter referred to as "entrusted institution" in this Article), as any of the following institutions, corporations, or organizations: <Amended on Jan. 16, 2024>
1. Public institutions under Article 4 of the Act on the Management of Public Institutions;
2. Local government-invested public corporations established under Article 49 of the Local Public Enterprises Act;
3. A person who has registered a housing rental management business under Article 7 of the Special Act on Private Rental Housing;
4. A person who meets the requirements prescribed by Presidential Decree, from among persons with professional human resources and facilities necessary for performing the management of military accommodations.
(2) The Minister of National Defense may revoke the entrustment where an entrusted institution falls under any of the following subparagraphs; provided, where it falls under subparagraph 1, the Minister of National Defense shall revoke the entrustment: <Added on Jan. 16, 2024>
1. Where it has been entrusted by fraud or other improper means;
2. Where it fails to meet the standards for designation of an entrusted institution under paragraph (4);
3. Where it becomes substantially unfair to perform its duties as an entrusted agency.
(3) Where the Minister of National Defense intends to revoke the entrustment pursuant to paragraph (2), he or she shall hold a hearing. <Added on Jan. 16, 2024>
(4) Matters necessary for the standards and procedures for designating an entrusted institution, the operation thereof, the revocation of entrustment, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 16, 2024>
[This Article Added on Apr. 13, 2021]
Article 10(Preferential supply of residential housing) #
(1) The State may supply residential housing preferentially to the head of a household who does not own residential housing or his or her household members prescribed by Presidential Decree among military personnel who have been in service for not less than 10 years. The standards for eligibility for the provision of such residential housing shall be prescribed by Presidential Decree, taking into consideration the tenant's duration of living without his or her own residential housing, the service period, the number of dependent family members, etc. <Amended on Nov. 28, 2017>
(2) Where a legal entity established for the purpose of promoting the stability of living of military personnel and the enhancement of their welfare needs a housing site in order to supply residential housing to military personnel who do not own residential housing, the implementor of a housing site development project under Article 7 of the Housing Site Development Promotion Act and public housing project operator under Article 4 of the Special Act on Public Housing may supply the housing site to the legal entity preferentially. <Amended on Dec. 22, 2020>
(3) Where the Minister of National Defense intends to sell general property, the use of which has been disused by relocating national defense and military installations to another area, for the purpose of supplying housing to military personnel without housing, he or she may sell such general property in preference to a corporation established for the purpose of promoting the stabilization of livelihood of military personnel and the promotion of their welfare. In such cases, the Minister of National Defense may sell such general property by specifying the purpose of use and the period to be used for such purpose pursuant to Article 49 of the State Property Act. <Amended on Jan. 30, 2009; Jan. 7, 2025>
(4) A person who intends to be supplied with housing sites pursuant to paragraph (2) or to supply housing to military personnel without housing by purchasing general property pursuant to paragraph (3) (hereinafter referred to as "project operator") shall obtain approval from the Minister of National Defense when he or she intends to recruit residents for the supply of housing. <Added on Jan. 7, 2025>
(5) Except as otherwise expressly provided for in paragraph (4), the procedures and standards for selecting occupants of a project operator shall be prescribed by Presidential Decree. <Added on Jan. 7, 2025>
Article 10-2(Restrictions on Sale Price of Housing) #
(1) Where a housing site is supplied pursuant to Article 10 (2) or housing is supplied to military personnel without housing by purchasing general property pursuant to paragraph (3) of the same Article, Article 57 of the Housing Act concerning restrictions on the sale price of housing shall apply mutatis mutandis. In such cases, "the head of a Si/Gun/Gu" in the former part, with the exception of the subparagraphs, of Article 57 (6) of the Housing Act shall be construed as "the Minister of National Defense" and "Article 54" as "Article 10 (4) of the Framework Act on Military Welfare".
(2) Articles 57-2, 57-3, 64, and 92 of the Housing Act shall apply mutatis mutandis to monetary rewards for reporting on resale of housing (including residential status, etc., including residential status, etc., restrictions on resale of housing (including the status of being selected as a resident of the relevant housing; hereafter in this Article the same shall apply), restrictions on resale of housing (including the right to reside in the relevant housing; hereafter in this Article the same shall apply) due to restrictions, etc. on the sale price of housing under paragraph (1). In such cases, "the Ministry of Land, Infrastructure and Transport or the head of a local government" in Article 57-3 of the Housing Act shall be construed as "Ministry of National Defense"; "the Minister of Land, Infrastructure and Transport" in Article 64 (1) of that Act as "the Minister of National Defense"; “the Decree of the Ministry of Land, Infrastructure and Transport” as “Presidential Decree”; and “the City Mayor/Do Governor” in Article 92 of that Act as “Minister of National Defense”.
(3) Article 100 of the Housing Act and subparagraphs 1-3 and 2 of Article 101 and subparagraph 10 of Article 104 of the Housing Act shall apply mutatis mutandis to penalty provisions for violations of occupants' obligation to live in, investigations into the actual status of residence, restrictions on resale of housing, etc. among the matters prescribed in paragraph (2).
(4) Article 106 (4) of the Housing Act shall apply mutatis mutandis to an administrative fine for a violation of an occupant's residence obligation, etc. or an investigation into the actual status of residence, among the matters prescribed in paragraph (2).
(5) Other matters necessary for restrictions on the sale price of housing, etc. shall be prescribed by Presidential Decree.
[This Article Added on Jan. 7, 2025]
Article 11(Assistance in child-care and education) #
(1) Where a military personnel's child needs to transfer or special admission a school under the Elementary and Secondary Education Act due to the military personnel's transfer to another post, the State shall render assistance in such transfer or special admission, taking into consideration the extraordinary situation of the military personnel. <Amended on Jan. 26, 2012>
(2) Where the State or a local government intends to establish a national or public day-care facility pursuant to Article 12 of the Infant Care Act in an area densely populated with military personnel, the Minister of National Defense may allow the competent local government to use and benefit from facilities necessary for the establishment of the day-care facility without consideration. <Amended on Jun. 7, 2011>
(3) The Minister of National Defense may furnish any of the following children (limited to children who study in Korea) with accommodation if the children are unable to live together with the military personnel due to the circumstance of the military personnel in service. In such cases, the Minister of National Defense shall preferentially furnish current students to acquire or be authorized to have acquired educational attainment not exceeding high-school graduates with accommodation: <Amended on Oct. 15, 2014>
1. A student referred to in Article 2 of the Elementary and Secondary Education Act;
2. A student referred to in Article 2 of the Higher Education Act;
3. A student in lifelong education facilities accredited under the Lifelong Education Act;
4. A student at an education and training institution which operates a course of study accredited under Article 3 (1) of the Act on Recognition of Credits or at school referred to in Article 7 (2) 1 of the same Act;
5. A person the Minister of National Defense deems necessary to provide accommodation.
(4) Matters concerning requirements for admission to the accommodation under paragraph (3) and the allocation of expenses therefor shall be prescribed by Presidential Decree.
Article 11-2(Support for educational facilities) #
In order to improve the educational conditions of military personnel's children, the State and local governments may provide support necessary for educational operation, etc. to persons who establish schools under Article 2 of the Elementary and Secondary Education Act or persons who operate public high schools that autonomously operate schools or curricula pursuant to Article 61 of that Act after obtaining designation from the superintendent of education, and may fully or partially subsidize expenses incurred in establishing and operating educational facilities within budgetary limits. <Amended on Dec. 3, 2024>
[This Article Added on Jan. 26, 2012]
Article 12 #
Deleted. <Mar. 21, 2012>
Article 13 #
Deleted. <Mar. 21, 2012>
Article 14(Establishment and operation of military welfare facilities) #
(1) Where necessary for enhancing the welfare of military personnel and the maintenance and improvement of their physical strength, the Minister of National Defense may establish and operate welfare facilities in accordance with the basic plan and implementation plans under Article 6.
(2) Where necessary for the efficient management of welfare facilities, the Minister of National Defense may allow non-military personnel and their family members who are eligible to use welfare facilities, etc. under this Act to use such facilities. <Amended on Oct. 15, 2014>
(3) The Minister of National Defense shall integrate the management and operation of welfare facilities and comply with the provisions of the Military Welfare Fund Act in settling accounts for the management of welfare facilities, and may designate persons from each branch of the military to manage welfare facilities.
(4) The Minister of National Defense may outsource a civilian business entity with the operations of welfare facilities, subject to prior deliberation by the Committee, where necessary for the efficient operation of welfare facilities.
(5) Matters necessary for the management and operation of welfare facilities, including the designation of persons to manage welfare facilities and the outsourcing of the operations of welfare facilities, shall be prescribed by Presidential Decree.
Article 15(Matters to Be Observed by Users of Military Welfare Facilities) #
No users of welfare facilities, such as military stores, shall not resell military store goods, etc.
[This Article Added on Dec. 3, 2024]
[Previous Article 15 moved to Article 16 <Dec. 3, 2024>]
Article 16(Education on Retirement Planning) #
For the stability of lives of military personnel, spread of awareness on preparation for later life and systematic preparation for later life, the Minister of National Defense may conduct business for education on later life planning. In such cases, the Minister of National Defense may operate such business by outsourcing it to an education institution specializing in later life planning.
[This Article Added on Jan. 14, 2014]
[Moved from Article 15 <Dec. 3, 2024>]
Article 17(Military Family Day) #
(1) The 5th Friday of September each year shall be designated as Military Family Day in order to raise people's understanding and interest in the sacrifice and movement of military personnel and to inspire pride in military personnel.
(2) The State and local governments may conduct projects, such as events suitable for the purpose of military personnel's family day, on Military Family Day.
(3) Necessary matters concerning the events, etc. under paragraph (2) shall be determined by the Minister of National Defense.
[This Article Added on Dec. 3, 2024]