ENFORCEMENT DECREE OF THE ACT ON THE ASSIGNMENT AND OPERATION OF RESPONSIBLE ADMINISTRATIVE AGENCIES IN THE MILITARY

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters delegated by the Act on the Assignment and Operation of Responsible Administrative Agencies in the Military and matters necessary for the enforcement thereof.

Article 2(Designation of responsible administrative agencies in military) #

(1) Responsible Administrative Agencies in the Military established pursuant to the proviso to Article 5 (1) of the Act on Designation and Management of Responsible Administrative Agencies in the Military (hereinafter referred to as the "Act") shall be as specified in Appendix 1.

(2) Where the Chiefs of Staff of each service branch of the Armed Forces (hereinafter referred to as the "Chiefs of Staff") recommends the designation of a responsible administrative agency in the military pursuant to Article 5 (2) of the Act, he or she shall submit the following documents to the Minister of National Defense:

1. Matters concerning the assignment of responsible administrative agencies in the military and a description of its background;

2. Details of necessary prescribed number of personnel;

3. Budget necessary for following fiscal year.

[This Article Wholly Amended on Jul. 1, 2009]

Article 3(Recommendation for cancellation of responsible administrative agency responsible for administration in military) #

Where the Chief of Staff proposes the cancellation of designation of a responsible administrative agency in the military pursuant to Article 6 (2) of the Act, he or she shall submit to the Minister of National Defense a statement on the grounds for cancellation of designation of a responsible administrative agency in the military and its background.

Article 4(Public announcement of employment of heads of agencies) #

(1) Where the Minister of National Defense intends to employ the head of a responsible administrative agency in the military (hereinafter referred to as "head of an agency") pursuant to Article 7 (1) of the Act, he or she shall publicly announce the requirements for employment, the period of employment, and other necessary matters for at least 10 days in daily newspapers, broadcasting, websites, or other effective methods; provided, the Chief of Staff shall publicly announce the employment of the head of a responsible administrative agency in the military under his or her jurisdiction which is employed pursuant to Article 7 (2) of the Act (hereinafter referred to as "affiliated responsible administrative agency"). <Amended on Aug. 19, 2011>

(2) The Minister of National Defense or the Chiefs of Staff (the Minister of National Defense or the Chiefs of Staff (the Minister of National Defense shall apply only to responsible administrative agencies in the military which are not responsible administrative agencies under his or her jurisdiction, and the Chiefs of Staff shall apply only to responsible administrative agencies under his or her jurisdiction, while the Chiefs of Staff shall apply only to responsible administrative agencies under his or her jurisdiction; hereinafter referred to as the "Minister of National Defense, etc.") shall modify the details of public announcement under paragraph (1) due to unavoidable reasons or shall re-announce again for at least 7 days if it falls under any of the following subparagraphs as a result of public announcement under paragraph (1): <Added on Sep. 7, 2012>

1.If there is no applicant;

2. Where the Committee for Recommendation of Heads of Agencies or the Deliberative Committee on the Operation of Responsible Administrative Agencies in the Military under paragraph (3) determines that no applicant is eligible among the applicants.

(3) In order to employ the head of an agency pursuant to Article 7 of the Act, the Minister of National Defense, etc. may separately organize and operate a committee for recommendation of the head of an agency or may require the Deliberative Council for Operation of Responsible Administrative Agencies in the Military under Article 12 of the Act (hereinafter referred to as the "Deliberative Council") to recommend the head of an agency. <Amended on Sep. 7, 2012>

(4) Matters necessary for the composition and operation of the Committee for Recommendation of Heads of Agencies shall be determined by the Minister of National Defense, etc. <Amended on Sep. 7, 2012>

Article 5(Employment contract for head of agency) #

An employment contract for the head of an agency shall include the following matters:

1.Details of duties to be performed by the head of the agency;

2.Matters concerning the remuneration of the head of the agency;

3.Matters concerning the business goals under Article 11 of the Act and the performance goals pursuant thereto;

4. Matters concerning treatment according to performance;

5.Matters concerning the extension or termination of employment contracts;

6. Other matters necessary for operating responsible administrative agencies in the military.

Article 6(Termination of employment contracts) #

(1) The Minister of National Defense, etc. may terminate an employment contract with the head of an agency if any of the following grounds exists; provided, the Minister of National Defense, etc. shall terminate the employment contract if any ground falling under subparagraphs 2 through 4 or 7 exists: <Amended on Aug. 19, 2011; Dec. 19, 2017>

1. Where he or she is unable to perform his or her duties due to a physical or mental disorder;

2.Where the duties subject to the employment contract cease to exist due to the cancellation of responsible agency in the military or any other cause;

3. Where the head of an agency who is a member of the armed forces is discharged or removed from military service pursuant to Article 37 or 40 of the Military Personnel Management Act;

4. Where the head of an agency who is a civilian military employee in general service for a fixed term position falls under the grounds for ipso facto retirement under Article 27 of the Act on the Management of Civilian Personnel in the Military Service;

5. Where it is impracticable for him or her to perform his or her duties normally because he or she has been prosecuted (excluding where a summary order has been requested) for a criminal case;

6. Where the operational performance of the agency is severely delinquent due to serious causes attributable to the head of the agency;

7.Where it falls under the conditions for termination under the employment contract.

(2) "Grounds prescribed by Presidential Decree" in the proviso of Article 7 (6) of the Act means grounds falling under paragraph (1) 1 and 4 through 6. <Amended on Aug. 19, 2011>

Article 7(Extension of period of employment) #

When the Minister of National Defense, etc. extends the employment period of the head of an agency pursuant to Article 7 (4) of the Act, he or she may extend the employment period without going through the procedures for public announcement under Article 4 (1) at the time the employment period of the head of the agency expires.

Article 8(Remuneration for head of agency) #

The remuneration of the head of an agency under Article 9 of the Act shall be governed by the Military Remuneration Act, the Regulations on Remuneration of Public Officials, and the Regulations on Allowances for Public Officials; provided, performance-based annual salary or performance-based bonuses may be separately determined by the Minister of National Defense, notwithstanding the Regulations on Remuneration of Public Officials and the Regulations on Allowances for Public Officials.

Article 9(Management of positions of heads of agencies who are military personnel at time of expiration of employment period of heads of agencies who are military personnel) #

(1) Where the employment period of the head of an agency who is a member of the armed forces expires or where he or she intends to be assigned to another position due to the termination of his or her employment contract, if there is no vacancy for his or her appointment, it shall be deemed that there is a separate fixed number of personnel until the first vacancy occurs.

(2) The head of an agency who is a member of the armed forces shall not be assigned to another position during the employment period of the head of an agency; provided, this shall not apply where he or she intends to be assigned to another position because he or she falls under any of the following subparagraphs: <Amended on Aug. 19, 2011>

1. In case of promotion;

2. Where he or she is subject to disciplinary action;

3. Where a battle, war, accident, or a state of national emergency equivalent thereto occurs.

Article 10(Matters to be included in basic operating regulations) #

(1) "Matters prescribed by Presidential Decree" in Article 10 (1) 6 of the Act means the following:

1. Matters concerning performance management;

2. Matters concerning business cooperation between related units and agencies;

(2) Matters prescribed by Presidential Decree in the former part of Article 10 (3) of the Act means any of the following matters:

1. Establishment and coordination of subsystems within the scope of the total capacity;

2. Coordination of inter-organizational personnel within an institution within the scope of the total quota.

[This Article Wholly Amended on Aug. 19, 2011]

Article 11(Formulation and submission of business operation plans) #

(1) The head of an agency shall, after formulating a business operation plan pursuant to Article 11 (2) of the Act, obtain approval from the Minister of National Defense, etc. within one month from the date of receipt of the business objectives after formulating the business operation plan.

(2) The head of an agency shall formulate an annual project plan based on the project operation plan pursuant to Article 11 (4) of the Act and submit it to the Minister of National Defense, etc. within 20 days from the date the project operation plan is approved.

Article 12(Operation of deliberative committee on operation of responsible administrative agencies in military) #

(1) The Chairperson of the Deliberative Council shall convene and preside over the Deliberative Council.

(2) The Deliberative Council shall open a meeting with the attendance of a majority of incumbent committee members and shall adopt a resolution by an affirmative vote of a majority of committee members present at the meeting.

(3) Other than those prescribed by this Decree, matters necessary for operating the Deliberative Council shall be determined by the Chairperson, subject to resolution by the Deliberative Council.

Article 13(Matters subject to deliberation by deliberative council) #

"Matters prescribed by Presidential Decree" in Article 12 (2) 5 of the Act means the following:

1. Recommendations to the Minister of National Defense, etc., such as improving the operation of an institution, taking personnel measures for the head of an agency and military personnel and civilian military employees under his or her jurisdiction, and paying performance-based bonuses based on the results of the evaluation of business performance, etc.;

2. Matters concerning deliberation on recommendation of heads of responsible administrative agencies in the military;

3.Other matters to be submitted for deliberation by the Minister of National defense, etc. or the Chairperson with respect to the operation of the responsible administrative agency in the military.

Article 14(Operation of committee for operation of responsible administrative agencies in military) #

(1) The Chairperson of the Committee for Operation of Responsible Administrative Agencies in Military under Article 13 of the Act (hereinafter referred to as the "Committee") shall convene and preside over meetings of the Committee.

(2) The Committee shall open a meeting with the attendance of a majority of incumbent committee members and shall adopt a resolution by an affirmative vote of a majority of committee members present at the meeting.

(3) 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.

(4) The Chairperson may, if necessary, seek advice from the relevant specialized institutions for the evaluation of responsible administrative agencies in the military. In such cases, the Chairperson may pay necessary expenses within budgetary limits.

(5) Other matters necessary for the operation of the Committee shall be determined by the Chairperson following a resolution by the Committee.

Article 15(Matters subject to deliberation and evaluation by committee) #

"Matters prescribed by Presidential Decree" in Article 13 (2) 5 of the Act means the following matters: <Amended on Aug. 19, 2011>

1. Matters concerning the apportionment of expenses under Article 31 of the Act;

2.Other matters to be submitted for deliberation by the Minister of National defense, etc. or the Chairperson with respect to the operation of the responsible administrative agency in the military.

Article 16(Institutions subject to evaluation by committee) #

The responsible administrative agencies in the military subject to evaluation by the Committee shall be determined by the Chairperson following a resolution by the Committee.

Article 16-2(Composition and operation of evaluation task force) #

(1) Pursuant to Article 13-2 (2) of the Act, the Minister of National Defense may organize an evaluation task force with experts related to evaluation as its members, or designate and operate any of the following institutions as an evaluation task force:

1. Academic societies and research institutes related to administration and management;

2. Institutions specialized in evaluation of business management;

3. Other institutions approved by the minister of national defense as specialized institutions for evaluating operation of institutions or business performance, etc.

(2) Matters necessary for the composition and operation of the Evaluation Committee, such as qualification requirements for members of the Evaluation Committee and the period of existence of the Evaluation Committee under paragraph (1), shall be determined by the Minister of National Defense.

[This Article Added on Aug. 19, 2011]

Article 17(Reflection and publication of results of comprehensive evaluation) #

(1) The head of an agency shall reflect the results of the Committee's comprehensive evaluation of responsible administrative agencies in the military and the evaluation results of the Deliberative Council in order to improve the operation thereof, but shall preferentially reflect the results of the Committee's comprehensive evaluation. <Amended on Aug. 19, 2011>

(2) The Minister of National Defense shall publish the results of the Committee's comprehensive evaluation of responsible administrative agencies in the military pursuant to Article 14 (2) of the Act in the Official Gazette or on the website, and may, if necessary, publish such results in any other effective manner. <Amended on Aug. 19, 2011>

(3) Pursuant to Article 14 (3) of the Act, the Minister of National Defense, etc. may award official commendations or pay monetary rewards to institutions with excellent results of comprehensive evaluation, and may select and commend military personnel, civilian personnel in the military service, and public officials who have contributed to the establishment and development of the responsible administrative agency system in the military. <Added on Aug. 19, 2011>

[Title Amended on Aug. 19, 2011]

Article 18(Allowances for members) #

Allowances, travel expenses, and other necessary expenses may be paid to the members of the Deliberative Council and the Committee commissioned pursuant to Articles 12 (4) and 13 (5) of the Act, within budgetary limits.

Article 19(Fixed number of personnel) #

(1) Where the basic operational regulations prescribe the prescribed number of military personnel belonging to a responsible administrative agency in the military branch and rank, and the prescribed number of civilian military employees by functional group and series of class, and the prescribed number of civilian military employees by functional group and series of class, and the prescribed number of civilian military employees by functional group and series of class and series of civilian military employees by functional group and series of civilian military employees assigned to all positions of the relevant agency and its affiliated agencies pursuant to Article 16 of the Act, the basic operational regulations shall specify the military branch and series of civilian military employees by functional group and series of civilian military employees.

(2) Where the head of an agency intends to amend the basic operating regulations to adjust the prescribed number of personnel, he or she shall submit the following documents to an approval agency under Article 10 of the Act, along with the following documents:

1. An explanatory notice on necessity for adjustment of the fixed number of the personnel and background;

2. The fixed number and details for each subordinate organization;

3. An explanatory note on necessary number of personnel;

4. The relevant business performance or plan.

Article 20(Utilization of contract-basis civilian military employees) #

The scope of the prescribed number of civilian military employees who may be employed as civilian military employees in general service for a fixed term position pursuant to Article 17 (2) of the Act shall not exceed 50 percent of the prescribed number of civilian military employees by rank. <Amended on Sep. 7, 2012; Dec. 19, 2017>

[Title Amended on Dec. 19, 2017]

Article 21(Delegation of appointment authority) #

The Authority to appoint civilian military employees in the military belonging to responsible administrative agencies in the military, which the Minister of National Defense delegates to the head of an agency among the Authority to appoint civilian military employees in the military pursuant to Article 18 (2) of the Act, shall be as specified in Appendix 2. <Amended on Jul. 1, 2009>

Article 22(Public announcement of examinations for employment of civilian military employees) #

(1) The head of an agency (if the Minister of National Defense or the Chief of Staff conducts an employment examination under the proviso of Article 19 (1) of the Act, meaning the Minister of National Defense or the Chief of Staff; hereafter in this Article and Article 23) shall, when intending to conduct an employment examination for civilian military employees, publicly announce the following matters by not later than 20 days before the date on which applications begin to be received by means such as daily newspapers broadcasting internet websites or other effective methods in a manner that all persons qualified to apply can become aware thereof, and if for unavoidable reasons any announced matter is to be changed, shall make a further public announcement by not later than 7 days before the examination date: <Amended on Aug. 19, 2011; Sep. 7, 2012; Dec. 19, 2017; May 27, 2025>

1. Class grades and number of persons to be employed;

2. Qualifications;

3. The method, time and place of the examination;

4. Subjects of examination and ratio of scoring;

5. Matters concerning the issuance and receipt of applications for examination, and the announcement of successful candidates;

6. Matters concerning privileges and benefits for successful applicants;

7. Other matters necessary for the examination.

(2) Notwithstanding paragraph (1), where the head of an agency intends to conduct an employment examination under the main clause of Article 7 (2) of the Military Civilian Personnel Act (hereinafter referred to as the "career-based competitive examination for appointment"), he or she shall publicly announce the matters under each subparagraph of paragraph (1) on an internet website, etc. by not later than 10 days before the deadline for receiving applications in a manner that all persons qualified to apply can become aware thereof; provided, if for unavoidable reasons any announced matter is to be changed, he or she shall make a further public announcement by not later than 7 days before the examination date. <Added on May 27, 2025>

(3) In employing civilian military employees pursuant to the proviso to Article 19 (2) of the Act, the head of an agency need not publicly announce an employment examination under paragraph (1) in any of the following cases: <Amended on Aug. 19, 2011; May 27, 2025>

1. Where he or she requests a school in the field related to the duties to be performed after appointment or a research institute established under a special Act to recommend at least twice the number of persons to be selected, to recommend at least twice the number of persons to be selected;

2. Where applicants are recruited by official documents, information and communications networks or other means in order to select them from among civilian military employees working in a field related to the position to which they are to be appointed;

3. Where recruiting persons to work in simple functional areas prescribed by the basic operation regulations as fields in which it is difficult to fill vacancies through the career-based competitive examination for appointment;

4. Where appointment is made pursuant to the proviso of Article 7 (2) of the Act on the Personnel Management of Civilian Military Employee.

[Title Amended on Aug. 19, 2011]

Article 23(Qualifications) #

(1) The Personnel Management of Civilian Personnel in the Military Service Act and other Acts and subordinate statutes related to the personnel management of civilian personnel in the military service shall apply to the qualifications for application and restrictions on academic background of civilian personnel in the military service who belong to responsible administrative agencies in the military.

(2) Notwithstanding paragraph (1), where the head of an agency deems it particularly necessary in an employment examination (excluding an open competitive examination for recruitment of civilian military employees in general service), he or she may restrict qualifications for application, such as educational background, career, age, requirements for possession of a certificate of qualification, etc. <Amended on Aug. 19, 2011; Dec. 19, 2017>

Article 24(Determination of persons eligible for promotion) #

(1) Where the Minister of National Defense, etc. intends to promote and appoint civilian military employees (excluding civilian military employees for whom the appointment authority is delegated to the head of an agency in accordance with the Appendix) of a responsible administrative agency in the military, he or she shall hear the opinions of the head of the agency.

(2) The Promotion and Appointment of Grade V General Civilian Civilian Military Employees shall be established in a promotion screening committee and shall be appointed through examination, and where it is deemed necessary to conduct a promotion examination, it shall be specified in the basic operational regulations.

(3) The Minister of National Defense, etc. or the head of each agency may require the personnel management committee for civilian personnel in the military service under Article 5 of the Act on the Personnel Management of Civilian Personnel in the Military Service to conduct an examination under paragraph (2) in consideration of the number of personnel to be promoted, etc.

Article 25(Payment of bonus) #

Bonuses referred to in Article 25 of the Act means the performance-based annual salary under the Public Officials Remuneration Regulations and the performance-based bonuses under the Regulations on Allowances for Public Officials; provided, notwithstanding the provisions of the Public Officials Remuneration Regulations and the Regulations on Allowances for Public Officials, etc., the amount and method of payment thereof may be separately determined by the head of an agency, notwithstanding the provisions of the Public Officials Remuneration Regulations and the Regulations on Allowances for Public Officials. <Amended on Nov. 5, 2019>

Article 26(Scope of allocation of budget) #

The extent to which the expenditure budget may be diverted (transferred) to each item within the total amount of the expenditure budget pursuant to Article 29 (1) of the Act shall be determined by the head of an agency for each fiscal year in consultation with the Minister of Strategy and Finance; provided, where the head of an agency requests such diversion because it is impracticable for the head of an agency to directly consult with the Minister of Strategy and Finance, the Minister of National Defense shall hear the opinion of the head of an agency and determine it after consultation with the Minister of Strategy and Finance.

Article 27(Carryover of budget) #

(1) Pursuant to Article 30 (1) of the Act, the amount of expenses in an ordinary nature that could not be disbursed within the relevant fiscal year due to unavoidable reasons, which may be carried over to the following fiscal year and used for the following fiscal year shall not exceed 20/100 of the budget for expenditure of expenses in an ordinary nature for the relevant fiscal year.

(2) Ordinary expenses in Article 30 (1) of the Act means expenses incurred in operating and managing responsible administrative agencies in the military and in operating and managing facilities, equipment, etc., which are determined by the Minister of Strategy and Finance.

Article 28(Bearing of expenses) #

(1) Where the Minister of National Defense fails to reach an agreement on the apportionment of expenses under Article 31 (2) of the Act, the Minister shall request the Committee to deliberate on matters concerning the apportionment of expenses.

(2) Upon receipt of a request for deliberation on matters concerning the apportionment of expenses from the Minister of National Defense pursuant to paragraph (1), the Committee shall hear the opinions of the relevant local governments, institutions or organizations.

(3) The Minister of National Defense shall notify the relevant local governments, institutions, or organizations of the results of deliberation under paragraphs (1) and (2).