Article 1(Purpose) #
The purpose of this Act is to provide high quality health and medical services to military personnel, etc. and to contribute to developing military health and medical services and enhancing military power, by providing for matters concerning the military health and medical system and policy for healthy military life of military personnel and civilian personnel in the military service.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Mar. 18, 2025>
1. The term "military personnel, etc." means military personnel under Article 2 of the Military Personnel Management Act and civilian personnel in the military service under the Act on the Management of Civilian Personnel in the Military Service;
2. The term "military health and medical service" means any activity conducted by the State, local governments, health and medical services institutions, military health and medical services institutions, military health and medical services personnel, etc. in order to protect and improve the health of military personnel, etc.;
3. The term "military health and medical services personnel" means a person prescribed by Presidential Decree who has been qualified, licensed, etc., or has been permitted to provide various health and medical services at military health and medical services institutions, as prescribed by related statutes or regulations;
4. The term "military health and medical services institution" means a health and medical services institution under the control of the Ministry of National Defense or the Republic of Korea Army, Navy, and Air Force, such as a military hospital and a medical corp.
5. The term "military patients, etc. infected with an infectious disease" means soldiers, etc. who are patients with an infectious disease, persons suspected of being infected, or pathogen carriers as prescribed in Articles 2 (13) through (15) of the Act on the Prevention and Management of Infectious Diseases;
6. The term "military personnel suspected of being infected with an infectious disease" means soldiers, etc. who are persons suspected of being infected as prescribed in subparagraph 15-2 of Article 2 of the Act on the Prevention and Management of Infectious Diseases.
Article 3(Relationship to other statutes) #
Except as otherwise provided for in other Acts, this Act shall apply to health and medical services to military personnel, etc.
Article 4(Responsibilities of the State) #
(1) The State shall devise various measures concerning military health and medical services so that military personnel, etc. may live a healthy military life.
(2) The State shall build various legal and institutional systems for improving the health of military personnel, etc. and for preventing and treating various diseases and injuries and shall secure funds necessary therefor.
Article 5(Guarantee of right of access to health and medical services) #
(1) Military personnel, etc. shall be entitled to receive optimal health and medical services necessary to protect and improve their health.
(2) Military health and medical services personnel shall perform their duties in a sincere and kind way and shall endeavor to provide high quality health and medical services.
(3) Where senior officers of military personnel, etc. and military health and medical services personnel are requested to provide medical treatment by military personnel, etc., or where military personnel, etc. need medical treatment, they shall take appropriate measures and shall neither refuse nor evade any request for medical treatment without good cause.
(4) With respect to treating patients, military personnel, etc. shall actively support health and medical services personnel in their medical services and shall not interfere with their medical services.
(5) The Minister of National Defense may provide military personnel, etc. with health education to increase their understanding of health and medical services under paragraph (1), as prescribed by Presidential Decree.
Article 6(Formulation and implementation of military health and medical services development plans) #
(1) The Minister of National Defense shall formulate and implement a military health and medical services development plan every 5 years. <Amended on Jan. 16, 2024>
(2) A military health and medical services development plan under paragraph (1) shall include the following:
1. Basic objectives and direction-setting to improve military health and medical services;
2. Matters concerning the training of military health and medical services personnel and the securing of human resources therefor;
3. Matters concerning the securing of funds necessary for improving military health and medical services;
4. Other matters concerning the improvement of military health and medical services.
(3) The Minister of National Defense shall finalize a military health and medical services development plan, following deliberation by the Military Health and Medical Services Improvement Promotion Committee under Article 7.
(4) The Minister of National Defense shall formulate and implement an implementation plan for the development of military health and medical services (hereinafter referred to as "implementation plan") every year in accordance with the military health and medical services development plan. <Added on Jan. 16, 2024>
(5) The Minister of National Defense shall annually inspect and evaluate the progress of implementation of an action plan and shall reflect the results thereof in formulating the next military health and medical services development plan. <Amended on Jan. 16, 2024>
(6) When the Minister of National Defense has formulated a military health and medical services development plan and an implementation plan, he or she shall submit it to the competent standing committee of the National Assembly and publish it; provided, matters constituting military secrets shall not be published. <Added on Jan. 16, 2024>
Article 7(Military Health and Medical Services Improvement Promotion Committee) #
The Military Health and Medical Services Improvement Promotion Committee (hereinafter referred to as the "Committee") shall be established under the Ministry of National Defense to deliberate on the following matters concerning military health and medical services:
1. Matters concerning the formulation of a military health and medical services development plan;
2. Matters concerning military health and medical services policies;
3. Matters concerning the improvement of the military health and medical services system;
4. Other matters submitted to the Committee for deliberation by the Chairperson of the Committee.
Article 8(Composition of the Committee) #
(1) The Committee shall be comprised of not more than 12 members including one Chairperson.
(2) The Vice Minister of National Defense shall serve as the Chairperson of the Committee.
(3) The following persons shall serve as ex officio members:
1. The Director for Health and Welfare of the Ministry of National Defense;
2. The Commander of the Republic of Korea Armed Forces Medical Command.
(4) The Minister of National Defense shall appoint or commission non-ex officio members from among any of the following:
1. Public officials belonging to the Senior Executive Service who are nominated by the heads of related central administrative agencies;
2. Persons who have extensive knowledge of and experience in health and medical services.
(5) The composition and operation of the Committee and other necessary matters shall be prescribed by Presidential Decree.
Article 9(Management of military health and medical services resources) #
(1) The Minister of National Defense shall devise comprehensive and systematic measures to develop and secure military health and medical services resources, such as human resources, facilities, supplies, knowledge, and technology relating to military health and medical services.
(2) The Minister of National Defense shall manage military health and medical services resources so that such resources may be appropriately supplied, by forecasting the long-term and short-term demands therefor.
Article 10(Securing military health and medical services personnel) #
(1) The Minister of National Defense may conduct education necessary to train excellent military health and medical services personnel and to improve their quality pursuant to Article 9 (1).
(2) Where it is necessary to secure military health and medical services personnel under paragraph (1), the Minister of National Defense may train military medical officers by entrusting such tasks to medical schools established pursuant to Article 4 of the Higher Education Act.
(3) Remuneration of military health and medical services personnel shall be prescribed by Presidential Decree, corresponding to the level of remuneration paid by private medical institutions.
(4) The Minister of National Defense shall prescribe matters concerning criteria for selecting persons eligible for entrustment, and methods and procedures for entrustment under paragraph (2).
Article 11(Military emergency medical system) #
(1) In the event of emergency that requires immediate medical attention in the military, the State shall ensure that appropriate emergency medical services are provided promptly.
(2) The Minister of National Defense shall endeavor to establish a military emergency medical system including the following, based upon special conditions of the military:
1. Securing emergency medical services professionals;
2. Strengthening the capabilities to transport emergency patients;
3. Strengthening education in first aid.
(3) Where any military health and medical services personnel deems it impracticable to give appropriate emergency medical services due to a serious emergency situation, he or she shall without delay transport such patient to a medical institution that may provide medical treatment so that the patient may receive medical treatment.
Article 11-2(First aid by military personnel) #
(1) Military personnel, etc. who have completed first aid training determined by the Minister of National Defense may provide first aid in a military facility or military operation area during a period of military service while in wartime, during a disturbance, or under other equivalent emergency situations, notwithstanding that they are not emergency medical personnel defined in subparagraph 4 of Article 2 of the Emergency Medical Service Act.
(2) Matters necessary for education courses for military personnel, etc. and the scope of first aid under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Feb. 3, 2022]
Article 12(Prevention and control of infectious diseases) #
(1) The State shall prevent the outbreak and epidemic of infectious diseases (referring to infectious diseases defined in subparagraph 1 of Article 2 of the Infectious Disease Control and Prevention Act; hereinafter the same shall apply) in the military, and formulate and implement policies necessary for the prevention and control thereof. <Amended on Mar. 18, 2025>
(2) The Minister of National Defense shall conduct fact-finding research to check whether an infectious disease occurs in the military and the actual conditions of such disease, as prescribed by Presidential Decree and shall utilize the result of fact-finding research as basic data for the formulation of a military health and medical services development plan under Article 6. <Amended on Sep. 1, 2015>
(3) The Minister of National Defense shall formulate a vaccination plan every year and administer vaccinations to prevent infectious diseases, as prescribed by Presidential Decree. In such cases, the Minister of National Defense shall share the data provided in the subparagraphs of Article 33-4 (2) of the Infectious Disease Control and Prevention Act with the head of a relevant central administrative agency for the integrated management of vaccination records, and the procedures, methods for such sharing and other necessary matters shall be prescribed by Presidential Decree. <Amended on Apr. 23, 2019; Aug. 11, 2020; Mar. 18, 2025>
(4) Where the Minister of National Defense deems that there is a concern that an infectious disease may occur and spread, he or she shall, without delay, establish an epidemiological investigation team and conduct an epidemiological investigation. In such cases, matters necessary for the details, timing, and methods of the epidemiological investigation and the composition and duties of the epidemiological investigation team shall be prescribed by Presidential Decree. <Added on Sept. 1, 2015>
Article 12-2(Military infectious disease management information system) #
(1) The Minister of National Defense may establish and operate a system (hereinafter referred to as the “military infectious disease management information system”) to manage military patients, etc. infected with an infectious disease, military personnel suspected of being infected with an infectious disease, military healthcare personnel, pharmaceuticals, equipment, and facilities for the purpose of efficiently processing various data or information necessary for the prevention, management, and treatment of infectious diseases in the military and computerizing record and management tasks.
(2) The Minister of National Defense may collect, manage, retain, and process the data specified in the following subparagraphs to establish and operate the military infectious disease management information system and may request relevant institutions and organizations to input or submit necessary data; in such cases, institutions and organizations so requested shall comply therewith unless there is a compelling reason not to do so:
1. Personal information of military patients, etc. infected with an infectious disease and military personnel suspected of being infected with an infectious disease, including their names, resident registration numbers, and telephone numbers (including mobile phone numbers);
2. Data collected through reports, notifications, and communications under Articles 11 through 14 of the Act on the Prevention and Management of Infectious Diseases (limited to data related to military patients, etc. infected with an infectious disease and military personnel suspected of being infected with an infectious disease);
3. Treatment records for infectious diseases and vaccination history of military patients, etc. infected with an infectious disease and military personnel suspected of being infected with an infectious disease;
4. Other data necessary for the prevention, management, and treatment of military patients, etc. infected with an infectious disease and military personnel suspected of being infected with an infectious disease, as prescribed by Presidential Decree.
(3) The military infectious disease management information system may be electronically linked with the information systems specified in the following subparagraphs for utilization; in such cases, the data or information that may be collected through such linkage shall be limited to those necessary for the prevention, management, and treatment of military patients, etc. infected with an infectious disease and military personnel suspected of being infected with an infectious disease:
Article 13(Mutual cooperation with other medical institutions) #
(1) Where necessary, the head of a military health and medical services institution may request a medical institution under the Medical Service Act to treat, etc. patients or entrust treating, etc. patients to such medical institution.
(2) A military health and medical services institution may establish a mutual cooperation system, such as entering into an agreement with a medical institution under the Medical Service Act, to manage the health of military personnel, etc., and to prevent and treat diseases.
(3) The Minister of National Defense shall prescribe the specific details of mutual cooperation between military hospitals and private medical institutions, such as the deployment of military health and medical services human resources and the treatment of patients.
Article 14(Operation of civilian medical advisory group) #
(1) The Minister of National Defense may operate a civilian medical advisory group which consists of related experts to provide professional and technical advice on medical activities or medical affairs concerning military health and medical services.
(2) Matters necessary for forming and operating a civilian medical advisory group under paragraph (1) shall be prescribed by Presidential Decree.
Article 15(Establishment of research institute specializing in military health and medical services) #
(1) The Minister of National Defense may establish a research institute specializing in military health and medical services to authorize it to implement medical policies or conduct research and development on special medicine, epidemiological investigations, health education, etc.
(2) Matters concerning establishing and operating a research institute specializing in military health and medical services under paragraph (1) shall be prescribed by Presidential Decree.
Article 16(Physical examination) #
(1) The Minister of National Defense shall conduct physical examinations of military personnel, etc. at least once before they are discharged or retire, in order to protect their health and prevent disease; provided, the foregoing shall not apply to military personnel, etc. eligible for physical examination under Article 52 of the National Health Insurance Act. <Amended on Mar. 11, 2014>
(2) Matters necessary for military personnel, etc. subject to physical examination under paragraph (1), items of the physical examination, and the timing for conducting the physical examination shall be prescribed by Presidential Decree.
Article 16-2(Fact-finding research on mental health) #
(1) The Minister of National Defense shall conduct fact-finding research on a regular basis to check mental health conditions of military personnel, etc.
(2) Military personnel, etc. subject to fact-finding research on mental health; the timing for, methods of, and procedures for, fact-finding research on mental health; and other necessary matters shall be prescribed by Presidential Decree.
[This Article Added on Mar. 11, 2014]
Article 17(Management of statistics and information on military health and medical services) #
The Minister of National Defense shall collect and manage statistics and information on military health and medical services so that he or she may utilize such statistics and information in implementing military health and medical services policies.
Article 18(Preparation of medical records) #
Each military health and medical services personnel shall prepare medical records when he or she diagnoses and treats patients, and methods for preparing such medical records shall be prescribed by the Minister of National Defense.
Article 19(Medical treatment for persons other than military personnel) #
(1) The Minister of National Defense may allow military health and medical services institutions to provide medical treatment to persons other than military personnel, etc. to the extent that such medical treatment does not interfere with the medical treatment of military personnel, etc.
(2) Persons eligible for medical treatment under paragraph (1) and the range of such persons, etc. shall be determined by the Minister of National Defense.
Article 19-2(Standards for sanitary control of military funeral homes) #
The Minister of National Defense may establish or operate a place for funeral rituals at a military health and medical services institution (hereinafter referred to as "military funeral home"). In such cases, except as otherwise prescribed by Presidential Decree, standards for installations and facilities and safety and standards for sanitary control under Article 29 (1) and (2) of the Act on Funeral Services shall apply.
[This Article Added on Nov. 28, 2017]
Article 20(Penalty provisions) #
Any senior officer of military personnel, etc. or any military health and medical services personnel who refuse or evade medical treatment, or military personnel, etc. who interfere with medical practices, in violation of Article 5 (3) or (4), shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on May 9, 2014>