Article 12(Special leave upon request) #
(1) A commander may approve leave upon request by a soldier in accordance with the following classifications; in such cases, special leave upon request under subparagraphs 1 and 1-2 for soldiers of the rank of sergeant or higher may be approved in units of 1 hour, and a cumulative total of 8 hours shall be counted as 1 day of such leave: <Amended on Oct. 30, 2018; Sept. 3, 2019; Dec. 31, 2021; July 18, 2023; July 2, 2024; Feb. 11, 2025; Mar. 18, 2025; May 7, 2025>
1. Where the soldier needs to receive medical treatment due to injury or illness: Up to 30 days per year; provided, where treatment exceeding 30 days per year is unavoidable, the period necessary for treatment may be approved as prescribed by the Minister of National Defense;
1-2. Where the soldier needs to care for a grandparent, parent (including the spouse's parent), spouse, child, or grandchild who requires medical treatment due to an accident or illness (limited to cases where the requirements under each subparagraph of Article 54-5 of the Enforcement Decree of the Military Personnel Act are met, in cases of caring for a grandparent or grandchild): Up to 30 days per year;
2. Where the soldier, as a victim of sexual violence under subparagraph 3 of Article 2 of the Sexual Violence Prevention and Victims Protection Act, requires treatment: Up to 60 days;
3. Where the soldier gets married: Up to 5 days;
4. Where the soldier's child gets married: Up to 1 day;
5. Where the soldier's spouse gives birth: 20 days (25 days in the case of multiple births);
6. Where the soldier's spouse or the soldier's or spouse's parent dies: Up to 5 days;
7. Where the soldier's or spouse's grandparent dies: Up to 3 days;
8. Where the soldier's child or the child's spouse dies: Up to 3 days;
9. Where the soldier's or spouse's sibling dies: Up to 3 days;
10. When carrying out adoption under the Special Act on Domestic Adoption and the Act on Intercountry Adoption: Within 20 days.
(2) A female soldier who is pregnant may take maternity leave for 90 days in total before and after childbirth (100 days in the case of giving birth to a premature infant as prescribed by the Minister of National Defense; 120 days in the case of a multiple pregnancy); and the period of leave after childbirth shall be at least 45 days (60 days in the case of a multiple pregnancy); provided, where a pregnant female soldier applies for maternity leave due to any of the following grounds, she may divide and use up to 44 days (59 days in the case of a multiple pregnancy) of the maternity leave at any time before childbirth: <Amended on Oct. 30, 2018; Dec. 31, 2021; July 2, 2024; Feb. 11, 2025>
1. Where she has a history of miscarriage or stillbirth (excluding miscarriages due to induced abortion not permitted under Article 14 (1) of the Mother and Child Health Act; the same shall apply hereinafter, except for subparagraph 3);
2. Where she is 35 years of age or older at the time of applying for maternity leave;
3. Where she submits a medical certificate from a medical institution indicating a risk of miscarriage, stillbirth, or premature birth.
(3) A female soldier who has had a miscarriage or stillbirth may take miscarriage or stillbirth leave according to the following classifications: <Amended on Dec. 31, 2019; July 2, 2024>
1. If the pregnancy was up to 15 weeks: Up to 10 days from the date of miscarriage or stillbirth;
2. If the pregnancy was between 16 and 21 weeks: Up to 30 days from the date of miscarriage or stillbirth;
3. If the pregnancy was between 22 and 27 weeks: Up to 60 days from the date of miscarriage or stillbirth;
4. If the pregnancy was 28 weeks or more: Up to 90 days from the date of miscarriage or stillbirth.
(4) A male soldier whose spouse has had a miscarriage or stillbirth may take 3 days of miscarriage or stillbirth leave within the relevant period under each subparagraph of paragraph (3). <Added on Dec. 31, 2019; July 2, 2024>
(5) A female soldier may take one day of menstrual leave per month for rest during her menstrual period. In such cases, the menstrual leave shall be unpaid. <Amended on Dec. 31, 2019; July 2, 2024>
(6) A pregnant female soldier may use up to 2 hours per day of maternity protection time for rest or medical treatment. In such cases, the commander shall approve the use of maternity protection time if a female soldier in her first 12 weeks or after the 32nd week of pregnancy applies for it. <Amended on Oct. 30, 2018; Dec. 31, 2019; July 2, 2024; Feb. 11, 2025; Jul. 22, 2025>
(7) A soldier who has a child aged 8 or younger or in the second grade of elementary school or below may use up to 2 hours per day of childcare time, within a maximum of 36 months, to care for the child. <Amended on Oct. 30, 2018; Dec. 31, 2019; July 2, 2024; Feb. 11, 2025>
(8) A soldier receiving infertility treatment procedures, such as artificial insemination or in vitro fertilization, may use leave for infertility treatment according to the following classifications: <Amended on Oct. 30, 2018; Dec. 31, 2019; Dec. 31, 2021; July 2, 2024>
1. Female soldiers: Where falling under any of the following items, the period specified in the relevant item:
a. In the case of undergoing procedures such as artificial insemination: A total of 2 days (1 day on the day of the procedure, and 1 day either the day before or within 2 days after the procedure, or on another day related to the treatment);
b. In the case of embryo transfer using frozen embryos during in vitro fertilization: A total of 3 days (1 day on the day of the procedure, and 2 days either before or after the procedure or on related treatment days);
c. In the case of egg retrieval for in vitro fertilization: A total of 4 days (1 day on the day of egg retrieval, 1 day on the day of the procedure, and 2 additional days either before or after those dates or on other related treatment days);
2. Male soldiers: 1 day on the date of sperm collection.
(9) A soldier who has a child or grandchild may use up to 10 days per year of child care leave in any of the following cases: <Amended on Oct. 30, 2018; Dec. 31, 2019; Apr. 20, 2021; July 2, 2024>
1. Where the soldier needs to care for a child or grandchild due to closure or suspension of a daycare center under the Child Care Act, a kindergarten under the Early Childhood Education Act, or a school under any subparagraph of Article 2 of the Elementary and Secondary Education Act (hereinafter referred to as "childcare centers, etc."), or for similar reasons;
2. Where the soldier participates in official events of or parent-teacher meetings at the childcare centers, etc. attended by the child or grandchild;
3. Where the soldier accompanies a child or grandchild who is a minor or a person with a disability under Article 2 (2) of the Act on Welfare of Persons with Disabilities (hereinafter referred to in this Article as "person with a disability") to a hospital visit, including a health checkup under Article 52 of the National Health Insurance Act or a vaccination under Articles 24 and 25 of the Infectious Disease Control and Prevention Act.
(10) Child care leave under paragraph (9) shall be unpaid; paid child care leave per year shall be granted up to the number of days equal to the number of the soldier's children (referring to children who are enrolled in childcare centers, kindergartens, or schools under paragraph (9) 1, minors, or children with disabilities) plus one; provided, in the case of a soldier who has a child with a disability or who qualifies as a mother or father under subparagraph 1 of Article 4 of the Single-Parent Family Support Act, one additional day shall be added to the paid leave days under the main clause. <Added on Apr. 20, 2021; July 2, 2024>
(11) A female soldier may take up to 10 days of prenatal checkup leave during pregnancy for medical examinations. <Added on Dec. 31, 2019; Apr. 20, 2021; July 2, 2024>
(12) A short-term service officer or noncommissioned officer under Article 6 (3) or (7) of the Military Personnel Act (limited to those with a service period of less than 5 years; hereinafter referred to as "short-term service member"), whose discharge date is within 1 year (or the expiration date of the extended service period under Article 3 (1) of the Enforcement Decree of that Act), and an enlisted soldier who has completed at least 1/2 of their mandatory service period may take job search leave according to the following classifications to engage in employment activities such as career counseling, taking employment examinations, or attending on-site recruitment events; provided, where a short-term service member takes job search leave during the original service period and subsequently extends the service period, the remaining job search leave corresponding to the extended period shall be granted by deducting the days already used: <Amended on Apr. 9, 2024>
1. A soldier whose discharge date is within 1 year as a short-term service member:
a. Short-term service member with a service period of 2 years or more but less than 3 years: Up to 3 days;
b. Short-term service member with a service period of 3 years or more but less than 4 years: Up to 4 days;
c. Short-term service member with a service period of 4 years or more but less than 5 years: Up to 5 days;
2. Enlisted soldier who has completed at least 1/2 of the mandatory service period: Up to 2 days.
(13) A commander may grant up to 5 days of disaster relief leave to a soldier who has suffered damage due to a disaster under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety [including damage suffered by the soldier's spouse, parent (including the spouse's parent), or child; hereinafter the same shall apply in this paragraph] (in the case of a soldier who has suffered damage due to a large-scale disaster under Article 14 (1) of that Act and is deemed by the commander to require a long recovery period, the leave may be granted up to 10 days). <Added on Dec. 31, 2021>
(14) A male soldier may use prenatal checkup accompanying leave within a period of 10 days to accompany his spouse during pregnancy checkups. <Added on Jul. 22, 2025>
(15) Matters necessary for the standards and procedures for the use of special leave upon request, other than those prescribed in paragraphs (1) through (14), shall be prescribed by the Minister of National Defense. <Added on Feb. 11, 2025; Jul. 22, 2025>