November 26, 2025
SEOUL – The South Korean government is moving to remove long-standing obedience requirements for civil servants and soldiers, on the heels of former President Yoon Suk Yeol’s martial law declaration on Dec. 3, 2024.
The Ministry of Personnel Management on Tuesday announced plans to abolish provisions that have obligated officials to follow superiors’ commands even when they may be improper or unlawful.
“The revision comes as part of the Lee Jae Myung administration’s policy agenda to build a more competent, integrity-driven and service-oriented public sector,” the ministry explained.
Under the proposed changes to Article 57 of the National Public Service Act, language that requires public officials to “obey the official orders of their superiors” would be deleted and replaced with language mandating that officials perform their duties “under the guidance and supervision” of superiors and cooperate with colleagues.
Civil servants would also be allowed to express objections to a superior’s instructions and refuse to carry them out if they have reasonable grounds to believe the directives are unlawful. The amendment would bar agencies from taking adverse actions — such as denying promotions or initiating disciplinary measures — against officials who raise objections or refuse unlawful orders.
On the same day, the Interior Ministry unveiled a corresponding amendment to the Local Public Service Act, reflecting the same shift away from the long-standing duty of obedience that has been in place since the National Public Service Act was enacted in 1949.
Similar changes are being prepared by the military, with the Ministry of National Defense expressing support for a bill that would grant service members the right to refuse unlawful orders.
The proposed revisions to the Basic Act on Service of Military Personnel were first submitted to the defense committee in September by Defense Minister Ahn Gyu-back, who is also a National Assembly lawmaker. Ahn and nine other representatives from the ruling bloc introduced the amendment seeking to solidify service members’ right to reject unlawful or improper commands, citing the Dec. 3 martial law declaration.
According to the amendment submitted to the committee, Article 25, which governs the duty to obey orders, would be revised to require soldiers to follow only “legitimate orders,” allowing them to refuse any order that is “clearly unlawful” without facing personnel disadvantages.
The revision would also add language to Article 24 requiring commanders to issue orders “in compliance with the Constitution and relevant laws,” and modify Article 36 to explicitly prohibit superiors from issuing commands that “violate the Constitution, laws or exceed their formal authority,” according to the draft.
In addition to supporting the amendment, the Defense Ministry proposed mandating constitutional education within the military, including requiring the defense minister to provide instruction on constitutional principles on a regular basis.
A ministry official, speaking on background, said the new rules would be incorporated into training to ensure clarity for service members.
“We plan to minimize confusion by providing concrete examples of unlawful orders and clear guidance on how soldiers should respond,” the official said on condition of anonymity.