This Act is enacted for the purpose of maintaining military discipline, consolidating combat capabilities, also protecting human rights and correcting wrongful acts of Active Service Men.

The Active Service Men in this Act refers to Military Officer service, Non-Commissioned Officers and Enlisted Men who serve military actively according to the Act of Military Service System or other laws.

Paragraph 1
The wrongful acts of the Active Service Men are not punishable unless committed intentionally or negligently.
Paragraph 2
The punishable responsibility of the Active Service Men shall not be excused simply because of ignorance of the law, but the punishment may be mitigated according to circumstances.

Paragraph 1
The wrongful acts of the Active Service Men with one of the following situations will not be punished:
Subparagraph 1
The act performed by a person in defense of his/her own rights or the rights of other against immediate unlawful aggression thereof.
Subparagraph 2
The act performed by a person to avert imminent and unavoidable danger to life, body, freedom, or property of himself/herself or others.
Subparagraph 3
The act performed in accordance with law or order.
Subparagraph 4
The proper act performed in the course of duty.
Paragraph 2
The acts of Subparagraphs 1 and 2 of the proceeding paragraph can be mitigated or exempted if the conduct is excessive.
Paragraph 3
The provision of Subparagraphs 2 of paragraph 1 shall not be applicable if the person has particular obligation on her/his duty.

Paragraph 1
The wrongful acts shall not be punished if it is committed by a person who is mentally disorder or defects and, as a result, is unable or less able to judge her/his act or lack the ability to act according to her/his judgment.
Paragraph 2
The punishment may be mitigated for an offender committed for the reasons prescribed in the preceding paragraph or as a result of obvious reduction in the ability to judge whether the act in illegal or in the ability to act following the judgment.
Paragraph 3
Provisions prescribed in the two preceding paragraphs shall not apply to a person who intentionally brings the disorders or defects.

Paragraph 1
The subordinate officer has obligation to obey the order given by the superior within the scope of her/his supervision, and to report to the superior in case that, the subordinate thinks the order violates the law; the subordinate officer shall obey the order in case the superior thinks it does not violate any law and given the order in writing. Thus, the subsequent responsibility arose hereby shall be borne by the superior. However, the subordinate officer has no obligation to obey the order that violates any criminal law.
Paragraph 2
If the order provided in the preceding paragraph is not given by the superior in writing, the subordinate officer may request to give in writing. The order will be deemed withdrawn in case the superior refuses to give it in writing after so requested by the subordinate officer.

Paragraph 1
Each of the two or more persons who commit wrongful acts jointly shall be punished individually.
Paragraph 2
One person who commits several wrongful acts shall be punished separately for each act committed.
Paragraph 3
One definite wrongful act shall not be punished if it has already been punished by this Act or other laws.

Paragraph 1
Dealing with the matter of punishment shall consider the situations of the wrongful acts and following items:
Subparagraph 1
The motive and purpose of the acts.
Subparagraph 2
The stimulation perceived at the moment of committing the acts.
Subparagraph 3
The means used for the commission of the acts.
Subparagraph 4
The offender’s living condition.
Subparagraph 5
The morality and intelligence of the offender.
Subparagraph 6
The influence the acts bring to the leadership or military discipline.
Subparagraph 7
Relationship between the offender and the victim.
Subparagraph 8
The seriousness of the offender’s violation of obligation.
Subparagraph 9
The danger or damage caused by the acts.
Subparagraph 10
The offender’s attitude after committing the acts.
Paragraph 2
The punishment of the wrongful acts which committed by the Active Service Men may be mitigated or exempted under the following circumstances:
Subparagraph 1
The offense is slight or the circumstances are pitiful.
Subparagraph 2
The offender confesses voluntarily before the offense is discovered.
Paragraph 3
The offender shall be transferred to the military or judicial prosecutors with attaching related evidence if the wrongful act is suspected to be a crime.

In case a previous punishment has been approved and served, the punishment may be aggravated if the offender commits the wrongful acts again in three months.

When the punishment is aggravated or mitigated in accordance with the provision of this Act, it shall correspond with the principle of proportionality for exercising the compulsory discretion.

In case the Active Service Men committed the wrongful acts during the period of her/his service, even if discharged or decommissioned, the offender shall still be punished properly, if the prescription of punishment is not expired, unless the offender is dead.