Regulations of the Operation and Management of National Defense Technology Institutions by Private Entities Article 33

Paragraph (1)The personnel who are in the military service shall, unless agreed otherwise by the Ministry of National Defense, and the occupational military personnel who are willing to transfer shall, transfer to another military agency upon the authority-in-charge conducting the commissioned operation. The other occupational military personnel shall conduct under the following provisions:Subparagraph (1)The personnel, whose service term is over the statutory minimum number of years but not up to the maximum number of years or has not reached the mandatory age of the retirement for each rank, retires under the Officers and Sergeants of Army, Navy and Air Force Service Acts and its Implementation Regulations shall be paid an additional reward of a seven-month salary provided that the personnel is not willing to transfer to the Private Entity(ies).Subparagraph (2)The personnel, whose service term is over the statutory minimum number of years but not up to the maximum number of years or has not reached the mandatory age of the retirement for each rank, retires under the Officer an Sergeant of Army, Navy and Air Force Service Act and its Implementation Regulation shall not be paid any reward provided that the personnel is willing to transfer to and to be employed by the Private Entity(ies) after the personnel is negotiated by the authority-in-charge with the Private Entity(ies).Subparagraph (3)The authority-in-charge shall transfer the personnel other than those prescribed in the two preceding Subparagraphs to other military agencies or incorporate such personnel into the adjusted organization of the institution commissioned for operation. Such personnel shall be supervised by the Private Entity(ies) to conduct the operation commissioned whose salaries and benefits shall be paid by the Private Entity(ies), and shall be subject to the two preceding Subparagraphs provided that such personnel retires, if at all, during the incorporation period, however such personnel shall not be paid the additional reward.Paragraph (2)The salary prescribed in the first Subparagraph of the preceding Paragraph includes basic salary, plus additional compensation amounts based on professional and leadership positions. In the event any personnel who received the additional reward obtains a position in a new government agency within seven months (from the date of the retirement), that new government agency shall be refunded an amount calculated by multiplying the total additional reward by the fraction wherein the numerator is the number of months (during the 7 month period) that the he/she is employed by the new government agency and the denominator is seven (7). Paragraph (3)In calculating the number of months of employment, a period of less than one month shall be disregarded.Paragraph (4)The number of the allowed leaves calculated according to seniority in the original military service shall be carried over to the new government agency in the event that the personnel retires and transfers to the Private Entity(ies) as prescribed in the second Subparagraph of the first Paragraph.