Bill Proposed to Require 10-Year Waiting Period After Retirement for Generals to Be Appointed as Defense Minister

A bill has been proposed to amend the law so that a retired general may only be appointed as Minister of National Defense if at least 10 years have passed since their discharge from the military.

On April 21, Boo Seungchan, a member of the National Assembly's National Defense Committee from the Democratic Party of Korea, announced that he had introduced a partial amendment to the Government Organization Act containing this provision.

According to Boo, since 1961, it has been customary without exception for retired generals to be appointed to the position. This practice has repeatedly led to the formation of military cliques and patronage-based appointments, and has been criticized for weakening the principle of civilian control over the military. During the 12·3 Martial Law, specific military factions such as the 'Chungam faction' and the 'Yonghyeon faction' even threatened constitutional order.

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To address these issues, the proposed amendment would add Article 33-2 to the Government Organization Act, stipulating that a former general may only be appointed as Minister of National Defense if at least 10 years have passed since discharge. Boo's office explained that a minimum of 10 years is required for personal networks within the military to dissipate and to minimize interference from both active-duty and retired officers in the minister's duties.

However, exceptions would be made during wartime or national emergencies, allowing the president to exercise appointment powers to overcome crises and ensure there are no obstacles to national defense.

This amendment draws on the example of the United States, which has exemplified the principle of civilian control. After World War II, to prevent the politicization of the enlarged military and to establish civilian control, the U.S. set a 10-year civilian status requirement for retired generals appointed as Secretary of Defense starting in 1947. However, since the 2000s, arguments have gained traction that the president should be able to appoint individuals with military expertise, and in 2008, the requirement was shortened to seven years.

Boo noted that, unlike the U.S., it has become customary in Korea since 1961 for retired generals to be appointed as Minister of National Defense immediately after discharge, and therefore a civilian status period of at least seven years is necessary. He explained that the recent 12·3 Martial Law demonstrated that even ministers appointed more than seven years after retirement could still form military cliques and mobilize the military for unconstitutional or illegal actions.

Boo stated, "It has long been my conviction that the Republic of Korea needs a civilian Minister of National Defense. This amendment is the first step toward establishing the principle of civilian control," adding, "For our military to become a 'military of the people' that is loyal to the Constitution and the public, bold reforms are needed to address the structural contradictions revealed by the 12·3 rebellion."

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