FRAMEWORK ACT ON MILITARY STATUS AND SERVICE

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purposes of this Act are to guarantee fundamental rights of soldiers, whose mission is to defend the State and protect nationals, and to contribute to fostering an advanced and powerful elite military force by prescribing basic matters regarding soldiers’ duties and their military life.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "soldier" means officers, warrant officers, noncommissioned officers, and enlisted personnel in active service;

2. The term "commander" means the head of a unit of at least company size, the head of a vessel unit, or a person commanding a vessel or an aircraft;

3. The term "superior" means the supreme commander of the armed forces and a person’s direct superior who has a right to command his or her subordinate in a command-obedience relationship;

4. The term "order" means a work order issued by a person’s superior;

5. The term "military life" means soldiers’ barrack life, duties, educational training, and all other activities being carried out surrounding their military camp;

6. The term "barrack life" means the daily activities of soldiers who have a duty to live in a barrack, surrounding the soldiers’ living quarters.

Article 3(Scope of application) #

This Act shall apply to soldiers and to each of the following persons as if they are soldiers:

1. Cadets, officer candidates, warrant officer candidates, and noncommissioned officer candidates;

2. Reservists and replacements called up for military service;

3. Civilian military employees.

FRAMEWORK ACT ON MILITARY STATUS AND SERVICE

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Responsibility of the State) #

Article 5(Code of conduct of the State armed forces) #

Article 6(Relationship to other statutes) #

Article 7(Framework policy on military service) #

Article 8(Establishment of the deliberative committee on military service policy) #

Article 9(Organization of the Committee) #

Article 10(Fundamental rights of soldiers and restriction thereof) #

Article 11(Principle of equal treatment) #

Article 12(Prohibition of standing-by in the barracks) #

Article 13(Freedom and privacy of personal life) #

Article 14(Protection of communications privacy) #

Article 15(Protection of religious life) #

Article 16(Public announcement and activities) #

Article 17(Right to medical care) #

Article 17-2(Restriction on outdoor activities based on fine dust concentration) #

Article 17-3(Measures against heat waves, cold waves) #

Article 18(Guarantee of leave) #

Article 18-2(Guarantee of living conditions) #

Article 18-3(Creation of service conditions for gender equality) #

Article 19(Oath) #

Article 20(Duty of loyalty) #

Article 21(Duty of faithfulness) #

Article 22(Duty of honesty) #

Article 23(Duty of integrity) #

Article 24(Duty of command originator) #

Article 25(Duty to obey orders) #

Article 26(Ban on private sanctions and abuse of authority) #

Article 27(Restriction of disorder of military discipline) #

Article 28(Duty of confidentiality) #

Article 29(Ban on desertion of duty) #

Article 30(Ban on profit-seeking and holding multiple positions) #

Article 31(Ban on collective action) #

Article 32(Ban on possession/distribution of rebellious products) #

Article 33(Ban on political campaign) #

Article 34(Duty to comply with law of war) #

Article 35(Relationship among soldiers) #

Article 36(Responsibilities of superior) #

Article 37(Respect for multiple cultures) #

Article 38(Education on fundamental rights and gender responsive education) #

Article 38-2(Military discipline training) #

Article 38-3(Inspection of administration of narcotics) #

Article 39(Proposal of opinion) #

Article 40(Grievance settlement) #

Article 41(Special counselor) #

Article 42(Officer for protection of soldier’s human rights) #

Article 43(Duty to report) #

Article 44(Protection of informant’s identity) #

Article 45(Protection of informant) #

Article 45-2(Special cases concerning appointment of attorneys-at-law for bereaved family of soldiers who died in line of duty) #

Article 46(Special duty) #

Article 47(Emergency call-up) #

Article 48(Sentry’s use of weaponry) #

Article 49(Delegation of authority) #

Article 50(Provisions on military service) #

Article 51(Legal fiction as public official in application of penalty provisions) #

Article 52(Penalty provisions) #