SUPPORT FOR DISCHARGED SOLDIERS ACT
Wholly Amended by Act No. 7791, Dec. 29, 2005
Amended by Act No. 8229, Jan. 3, 2007
Act No. 8514, Jul. 13, 2007
Act No. 9080, Mar. 28, 2008
Act No. 9327, Dec. 31, 2008
Act No. 9397, Jan. 30, 2009
Act No. 9462, Feb. 6, 2009
Act No. 9754, jun. 9, 2009
Act No. 10258, Apr. 15, 2010
Act No. 11204, Jan. 17, 2012
Act No. 11556, Dec. 18, 2012
Act No. 11731, Apr. 5, 2013
Act No. 11849, jun. 4, 2013
Act No. 11942, Jul. 16, 2013
Act No. 13717, Jan. 6, 2016
Act No. 13718, Jan. 6, 2016
Act No. 14259, May 29, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to stabilize the livelihood of discharged soldiers and contribute to economic growth and social development by helping ex-soldiers, discharged after faithfully performing their duties to defend national land, return to civilian society smoothly and by facilitating the development and utilization of the human resources.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| (1) | The terms used in this Act shall be defined as follows: |
| 1. | The term "discharged soldier" means a person discharged from military service pursuant to the Military Service Act or the Military Personnel Management Act (including a person who retired, or exempted from military service or dismissed from the call-up for full-time reserve service; the same shall apply hereinafter); |
| 2. | The term "ex-soldier discharged from long-term service" means a person discharged from active service after serving as an officer, warrant officer, or noncommissioned officer for ten years or longer; |
| 3. | The term "ex-soldier discharged from medium-term service" means a person discharged from active service after serving as an officer, warrant officer, or noncommissioned officer for not less than five years but less than ten years. |
| (2) | The period of military service under paragraph (1) shall be calculated by the number of years and months for a period from the month in which a person was commissioned or enlisted in the military to the month in which he/she is discharged from the service, but the periods of service during which a person has served as an officer, warrant officer, noncommissioned officer, and an enlisted rank respectively shall all be aggregated. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 3 (Responsibilities of State, etc.) |
| (1) | The State and each local government shall endeavor to assist discharged soldiers in their return to civilian society and to develop and utilize the human resources. |
| (2) | The State and each local government shall seek necessary measures to ensure that discharged soldiers' military careers can be recognized in civilian society and the education and skills that they have received and learned in the military can be utilized in civilian society. |
| (3) | The State and each local government shall make efforts necessary for the improvement of employment of discharged soldiers and the stabilization of their livelihood. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 4 (Applications for Benefits, etc.) |
| (1) | An ex-soldier discharged from medium-term service or from long-term service (referred to as "ex-soldier discharged from medium or long-term service" hereinafter) shall, if he/she intends to receive benefits under this Act, file an application with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where a person intends to receive benefits under Article 16. |
| (2) | The Minister of Patriots and Veterans Affairs shall verify whether a person who files an application for benefits in accordance with paragraph (1) is an ex-soldier discharged from medium or long-term service and is eligible for the application of this Act and shall determine whether to grant the benefits. In such cases, the Minister of Patriots and Veterans Affairs may request the head of an appropriate administrative agency to verify relevant facts or furnish him/her with relevant data, and the head of the appropriate administrative agency shall, upon receiving the request to verify relevant facts or furnish relevant data, comply with the request, unless any extenuating circumstances exist otherwise. |
| (3) | Matters necessary for the application procedure under paragraph (1) and the verification of whether a person is an ex-soldier discharged from medium or long-term service under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 5 (Entitlement to Receive Benefits under this Act Arises or Lapses) |
| (1) | An entitlement to receive benefits under this Act shall arise in the month in which an application for benefits is filed in accordance with Article 4 (1). |
| (2) | If any of the following statuses occurs to a discharged soldier, the entitlement to receive benefits under this Act shall lapse in the month immediately following the month in which such a status occurs: |
| 2. | If he/she loses his/her Korean nationality; |
| 3. | If he/she falls under any subparagraph of Article 25 (1). |
| (3) | If an application for benefits under Article 4 (1) is filed by fraudulent or other wrongful means, the entitlement to receive benefits under this Act shall lapse retroactively on the day on which the entitlement otherwise arises. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 6 (Assistance in Research Activities, etc.) |
| (1) | The Minister of Patriots and Veterans Affairs may conduct the following activities for the support of discharged soldiers and the development and utilization of the human resources: |
| 1. | Hosting of symposiums; |
| 3. | Other research necessary for the support of discharged soldiers and the development and utilization of the human resources. |
| (2) | The Minister of Patriots and Veterans Affairs may grant full or partial subsidies, within budgetary limits, to research institutions and organizations that conduct research activities with regard to the support of discharged soldiers for expenses incurred in such research activities. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 7 (Collection, Management, etc. of Personal Information) |
| (1) | The Minister of Patriots and Veterans Affairs may collect and manage personal information for the purposes of supporting discharged soldiers (including soldiers to be discharged; the same shall apply hereafter in this Article) and the development and utilization of the human resources. |
| (2) | The Minister of Patriots and Veterans Affairs may, if necessary for the collection and management of personal information under paragraph (1), request the Minister of National Defense or the Administrator of the Military Manpower Administration to furnish him/her with personal data about discharged soldiers. In such cases, the Minister of National Defense or the Administrator of the Military Manpower Administration shall, upon receiving the request to furnish data, comply with such request, unless any extenuating circumstances exist otherwise. |
| (3) | The Minister of Patriots and Veterans Affairs may establish and operate a corporation to manage personal information about discharged soldiers and to provide guidance for the career and employment of ex-soldiers discharged from medium or long-term service and the assistance in their starting up of new business. The Minister of Patriots and Veterans Affairs may grant contributions or subsidies, within budgetary limits, for expenses incurred in the establishment and operation of the corporation. |
| (4) | Matters necessary for the details of the request for personal information under paragraph (2), the procedure for requesting and furnishing such information, and the timing to request or furnish such information shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| (1) | The Minister of Patriots and Veterans Affairs may conduct surveys on the living standard of discharged soldiers in order to efficiently provide support under this Act for discharged soldiers. |
| (2) | Deleted. <by Act No. 11942, Jul. 16, 2013> |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Articles 9 through 12 Deleted. <by Act No. 9397, Jan. 30, 2009> |
CHAPTER III ASSISTANCE IN EMPLOYMENT AND BUSINESS START-UP
| Article 13 (Occupational Education and Training) |
| (1) | The Minister of Patriots and Veterans Affairs may provide ex-soldiers discharged from medium or long-term service (including those to be discharged from medium or long-term service; the same shall apply hereafter in this Article) with educational programs for social adaptation and occupational education and training. |
| (2) | The Minister of Patriots and Veterans Affairs may recommend ex-soldiers discharged from medium or long-term service to an institution that provides training courses for the development of occupational skills pursuant to the Act on the Development of Workplace Skills of Workers so that they can receive training for the development of occupational skills. |
| (3) | The State may fully or partially subsidize expenses incurred in providing education for social adaptation, the occupational education and training, and the training for the development of occupational skills under paragraphs (1) and (2), within budgetary limits. |
| (4) | Matters necessary for the methods and details of providing educational programs for social adaptation and occupational education and training under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11942, Jul. 16, 2013> |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 14 (Employment Support, etc.) |
| (1) | The State shall provide employment support to any of the following persons (hereinafter referred to as "a person entitled to employment support"): <Amended by Act No. 11942, Jul. 16, 2013> |
| 1. | An ex-soldier discharged from long-term service not more than three years ago; |
| 2. | An ex-soldier discharged from long-term service more than three years ago who meets the criteria prescribed by Presidential Decree regarding the living standards, etc.; |
| 3. | One of children designated by an ex-soldier who falls under subparagraph 1 or 2 and has a difficulty in getting employed due to any disease or disability that prevents him/her from supporting livelihood. Matters necessary for the criteria for the diseases and disabilities eligible for employment support in such cases shall be prescribed by Presidential Decree. |
| (2) | As to the provision of employment support pursuant to paragraph (1), institutions entitled to employment support, the duty of State agencies, etc. to employ, the inspection of the actual state of employment by State agencies, etc., the duty of enterprises, etc. to employ preferentially, the reporting of enterprises, etc., the special employment of veterans, the aggregation of a career period, and prohibition against discriminative treatment, Articles 30, 32, 33, 33-2, 33-3, 34 (1) through (4), 35-2, and 36 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State shall apply mutatis mutandis. <Amended by Act No. 9462, Feb. 6, 2009; Act No. 11942, Jul. 16, 2013> |
| (3) | If necessary in assisting ex-soldiers discharged from medium or long-term service return to civilian society smoothly and have stable livelihood, the State may support them by counselling on career and jobs, arranging employment, and holding employment fairs in addition to the employment support under paragraph (1). <Amended by Act No. 11942, Jul. 16, 2013> |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 14-2 (Agreements on Provision of Financial Information, etc.) |
| (1) | When a person who intends to receive employment support among persons entitled to employment support under Article 14 (1) 2 (hereinafter referred to as “an employment support seeker” in this Article through Article 14-4) applies for employment support pursuant to the main sentence of Article 4 (1), the employment support seeker and the members of his/her household (referring to the member of individual household under subparagraph 7 of Article 2 of the National Basic Living Security Act; hereinafter the same shall apply in Articles 14-3 and 14-4) shall submit the document of agreements for providing any of the following data or information: |
| 3. | Premium paid after buying an insurance policy under each subparagraph of Article 4 (1) of the Insurance Business Act and other data or information prescribed by Presidential Decree (hereinafter referred to as “insurance information”). |
| (2) | Methods and procedures of the agreement pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11942, Jul. 16, 2013]
| Article 14-3 (Survey and Inquiry, etc.) |
| (1) | In order to verify the qualification of employment support of an employment support seeker, the Minister of Patriots and Veterans Affairs may request the employment support seeker and the members of his/her household to submit necessary document or other data on income or property, and may require the relevant public officials to access dwelling of the employment support seeker and members of his/her household or other necessary location to investigate documents, etc. or inquire of the related parties. |
| (2) | A person who accesses, or conducts surveys or inquires pursuant to paragraph (1) shall carry a certificate that indicates his/her authority and present it to related parties. |
| (3) | When the employment support seeker and the members of his/her household refuse to submit the document or data or refuse, interrupt or avoid the survey or inquiry pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs may dismiss the application for the employment support. |
| (4) | Matters necessary for the scope, period and details of the survey and inquiry pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11942, Jul. 16, 2013]
| Article 14-4 (Provision of Financial Information, etc.) |
| (6) | No person who is engaged in or was once engaged in duties pursuant to paragraphs (1) and (2) shall use the financial information, etc. acquired in the course of performing his/her duty for a purpose other than that prescribed in this Act or provide or diverge it to other person or agency. |
| (7) | Matters necessary for a request for provision or provision of financial information, etc. pursuant to paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11942, Jul. 16, 2013]
| Article 15 (Preferential Employment for Specific Type of Jobs) |
| (1) | When an institution entitled to employment support under Article 30 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (hereinafter referred to as "institution entitled to employment support") recruits or employs an employee for a type of a job suitable for ex-soldiers discharged from long-term service, such as safety control, it shall preferentially recruit or employ an ex-soldier discharged from long-term service, who is eligible for employment support and recommended by the Minister of Patriots and Veterans Affairs. <Amended by Act No. 11942, Jul. 16, 2013> |
| (2) | The scope of types of jobs suitable for the employment of ex-soldiers discharged from long-term service under paragraph (1) shall be prescribed by Presidential Decree, taking into consideration the branches and specialities in the military. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 16 (Preferential Treatment in Employment, etc.) |
| (1) | When an institution entitled to employment support places a limitation on the age eligible for an application for an employment examination conducted by it in order to employ an employee, it shall extend the maximum age for an application by up to three years for discharged soldiers who apply for the employment examination (including public social service personnel discharged from military service after performing the duties under each subparagraph of Article 26 (1) of the Military Service Act; the same shall apply hereafter in this Article), as prescribed by Presidential Decree. <Amended by Act No. 9754, Jun. 9, 2009; Act No. 11849, Jun. 4, 2013; Act No. 11942, Jul. 16, 2013> |
| (2) | A person who is in active service (including persons who are performing the duties of social service personnel under Article 2 of the Military Service Act) and applies for an employment examination not more than six months before the day on which he/she is expected to be discharged from active service (or the date on which any social service personnel is expected to be discharged from military service) shall be deemed a discharged soldier. <Amended by Act No. 9754, Jun. 9, 2009; Act No. 11849, Jun. 4, 2013> |
| (3) | An institution entitled to employment support may include the military service period of a discharged soldier in his/her employment period, when it determines the salary grade or wage for the discharged soldier employed by the institution. <Amended by Act No. 11942, Jul. 16, 2013> |
| (4) | If persons attained the same score in excess of the number of persons to be employed when an institution entitled to employment support determines persons who successfully passed an examination, it shall determine the persons eligible for the employment support under this Act preferentially as persons who successfully passed, prior to those who are not eligible for the employment support. <Amended by Act No. 11942, Jul. 16, 2013> |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 17 (Support for Business Start-up) |
The State may conduct programs necessary for counselling and education on business start-up within budgetary limits, in order to assist ex-soldiers discharged from medium and long-term service in their starting up of new business.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 18 Deleted. <by Act No. 11942, Jul. 16, 2013> |
| Article 18-2 (Incentives for Job Changes) |
| (1) | The State shall pay an incentive for a job change in order to promote the stabilization of livelihood of ex-soldiers discharged from long-and mid-term service and their employment and business start-up: Provided, That the amount of the incentive for a job change paid to ex-soldiers discharged from mid-term service shall be determined, as prescribed by Presidential Decree. <Amended by Act No. 11942, Jul. 16, 2013> |
| (2) | The incentive for a job change shall be paid to an ex-soldier discharged from long- and mid-term service for not more than six months, if the person actively seeks a job (including activities for starting up of new business; hereinafter the same shall apply), as prescribed by Presidential Decree, while unemployed, and the Minister of Patriots and Veterans Affairs confirms such activities: Provided, That no incentive for a job change shall be paid to any of the following persons: <Amended by Act No. 11942, Jul. 16, 2013> |
| 1. | An ex-soldier discharged from long- and mid-term service who files an application for the payment of the incentive for job change more than six months after he/she is discharged from service; |
| 2. | A person who received or receives the retirement pension, the lump-sum retirement pension, or the lump-sum retirement pension deductions under subparagraphs 1 through 3 of Article 6 of the Military Pension Act; |
| 3. | A person who has received the full amount of the incentive for a job change pursuant to paragraph (3). |
| (3) | The incentive for a job change shall be paid on a monthly basis within the maximum of 50% of the amount calculated by multiplying the maximum amount of the job-seeker's daily benefit under Article 46 (1) of the Employment Insurance Act by 30, but another 50% of the total amount payable for the remaining months from the next month may be paid in lump sum if the person who has received the incentive for job change is employed or starts up new business during the benefit period. <Amended by Act No. 9397, Jan. 30, 2009> |
| (4) | If a person who receives the incentive for a job change is employed or starts up new business, he/she shall immediately report it to the Minister of Patriots and Veterans Affairs. |
| (5) | No entitlement to receive the incentive for a job change shall be transferred, seized, or offered as security. |
| (6) | Matters necessary for the amount payable as the incentive for a job change, the application for payment, the payment method, and the confirmation of activities for seeking a job shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 18-3 (Suspension of Payment of Incentive for Job Change, etc.) |
| (1) | If an eligible beneficiary falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may suspend the payment of the incentive for job change, as prescribed by Presidential Decree: |
| 1. | If the beneficiary does not actively engage in seeking a job: Provided, That the foregoing shall not apply where such inactivity is due to a disease or other cause or event specified by Presidential Decree; |
| 2. | If the beneficiary received or intends to receive the incentive for job change by fraudulent or other wrongful means. |
| (2) | If an offense under paragraph (1) 2 has been committed or the incentive for job change has been erroneously paid, the Minister of Patriots and Veterans Affairs shall recover the incentive for job change according to the procedures prescribed by Presidential Decree or may collect it in the same manner as delinquent national taxes are collected, if he/she fails to have the incentive returned. |
| (3) | The Minister of Patriots and Veterans Affairs may write off the incentive as a loss, if he/she has tried to recover the incentive for job change pursuant to paragraph (2), but finds that the recovery is impossible because the whereabouts of the person who is obligated to return it is not known or the person has no assets or owing to circumstances beyond his/her control. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
CHAPTER IV EDUCATIONAL BENEFITS, MEDICAL BENEFITS, LOANS, ETC.
| Article 19 (Educational Benefits) |
| (1) | Where any ex-soldier discharged from long-term service is enrolled as a student in a university under Article 2 of the Higher Education Act (including any industrial college, teachers' college, junior college, distance learning college or university, and technical college) or any school similar thereto, the State may, as prescribed by Presidential Decree, provide him/her with entitlement to a reduction in, exemption from admission fees, and tuition fees. <Amended by Act No. 11204, Jan. 17, 2012; Act No. 14259, May 29, 2016> |
| (2) | Where any ex-soldier discharged from long-term service fails to meet the living standards specified by Presidential Decree and his/her children are enrolled as students in a high school under the Elementary and Secondary Education Act or a school similar thereto, the State and the competent local government may, as prescribed by Presidential Decree, provide him/her with entitlement to a reduction in, exemption from his/her children's admission fees and tuition fees, considering the amounts of national household consumption stated in the household survey statistics among designated statistics under subparagraph 2 of Article 3 of the Statistics Act. In such cases, Articles 14-2 through 14-4 shall apply mutatis mutandis to the procedures, etc. for figuring out the living standards of the relevant ex-soldiers discharged from long-term service. <Amended by Act No. 11942, Jul. 16, 2013> |
| (3) | Where an ex-soldier discharged from long-term service or his/her children eligible for entitlement to a reduction in or exemption from admission fees, and tuition fees under paragraph (1) or (2) has benefitted from a reduction in or subsidies for admission fees and tuition fees, etc. under any other Act or subordinate statute, the relevant amount shall not be subsidized, as prescribed by Presidential Decree. <Amended by Act No. 11204, Jan. 17, 2012; Act No. 11942, Jul. 16, 2013; Act No. 14259, May 29, 2016> |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 20 (Medical Benefits) |
| (2) | The Minister of Patriots and Veterans Affairs may permit ex-soldiers discharged from long-term service and persons discharged from military service after participating in establishing the Armed Forces of the Republic of Korea to have medical treatment with medical expenses abated or exempted at a veterans' hospital under Article 7 of the Korea Veterans Welfare and Healthcare Corporation Act, as prescribed by Presidential Decree. In such cases, the Minister of Patriots and Veterans Affairs may reimburse the veterans' hospital, within budgetary limits, for expenses incurred in relation to abatement of or exemption from medical expenses. |
| (3) | Ex-soldiers discharged from long-term service may use military hospitals, as prescribed by the Minister of National Defense. |
| (4) | If a discharged solider who suffers from a disease contracted or aggravated while in military service fully meets the following requirements, the Minister of Patriots and Veterans Affairs may permit him/her to have medical treatment for the disease with medical expenses abated or exempted. Paragraph (2) shall apply mutatis mutandis to such cases: <Amended by Act No. 11942, Jul. 16, 2013> |
| 1. | A person who was in active service or secondment service under the Military Service Act (including a person appointed as a noncommissioned officer without volunteering); |
| (5) | The criteria and scope of serious diseases under paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 20-2 (Supply of Prosthetic Devices) |
[This Article Newly Inserted by Act No. 11204, Jan. 17, 2012]
| (1) | The Minister of Patriots and Veterans Affairs may grant long-term loans at a low interest rate to ex-soldiers discharged from long-term service. <Amended by Act No. 11942, Jul. 16, 2013> |
| (2) | The financial resources for the loans under paragraph (1) shall be the fund for the support of war veterans and discharged soldiers under Article 6 of the Patriots and Veterans Fund Act. <Amended by Act No. 9327, Dec. 31, 2008; Act No. 11942, Jul. 16, 2013> |
| (3) | Loans under paragraph (1) shall be classified into the following types: |
| 1. | Loans for purchasing farmland; |
| 2. | Housing loans (referring to loans for purchasing a residential house, loans for purchasing a housing site, loans for the construction of a new residential house, loans for the amelioration of a residential house, and loans for renting a residential house); |
| 4. | Loans for the stabilization of livelihood; |
| 5. | Loans for school expenses. |
| (4) | The maximum amount, interest rate, and term for repayment of each type of loan shall be prescribed by Presidential Decree. |
| (6) | A person who borrows a loan for the amelioration of a residential house, a loan for renting a residential house, a business loan, a loan for the stabilization of livelihood, or a loan for school expenses pursuant to paragraphs (1) and (3) shall provide real estate or his/her military pension under the Military Pension Act as security to the State: Provided, That the Minister of Patriots and Veterans Affairs may permit a borrower to offer a guarantor or other property as security, if the borrower has no real estate to be offered as security or if the borrower is not eligible for the military pension under the Military Pension Act. <Amended by Act No. 9397, Jan. 30, 2009> |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 22 (Preferential Supply of Residential Houses) |
The State or a local government may supply residential houses built by the State or the local government (including residential houses built with a loan from the State) preferentially to ex-soldiers discharged from long-term service, as prescribed by Presidential Decree. <Amended by Act No. 9397, Jan. 30, 2009>
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 23 (Use of Public Facilities) |
| (1) | The State or a local government may allow ex-soldiers discharged from long-term service to use, gratuitously or at a discounted rate, old palaces, parks, and other facilities managed by the State or the local government, as prescribed by Presidential Decree. |
| (2) | Ex-soldiers soldier discharged from long-term service and their family members who use welfare facilities operated by the military (including physical training facilities) may be given benefits similar to those to military personnel in active service, as determined by the Minister of National Defense. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 23-2 (Legal Aid Assistance) |
| (2) | The Minister of Patriots and Veterans Affairs may fully or partially subsidize the expenses incurred in legal aid under paragraph (1) within budgetary limits. |
| (3) | The provisions of Article 22 of the Legal Aid Act shall apply to the requirements, procedures, etc. of legal aid under paragraph (1), and other matters necessary for legal aid assistance shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11204, Jan. 17, 2012]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 24 (Suspension of Benefits) |
If a discharged soldier eligible for the application of this Act is serving a sentence of imprisonment without prison labor or heavier punishment imposed for a crime under the Criminal Act, the benefits under this Act shall not be given to him/her during the term of penal servitude: Provided, That the foregoing shall not apply to a crime committed in negligence. [This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 25 (Exclusion from Eligibility for Application of This Act) |
| (1) | If a discharged soldier who has benefited, or is expected to benefit, from the application of this Act falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude him/her from the scope of those eligible for the application of this Act: <Amended by Act No. 10258, Apr. 15, 2010; Act No. 11556, Dec 18, 2012; Act No. 11731, Apr. 5, 2013; Act No. 11942, Jul. 16, 2013; Act No. 13717, Jan. 6, 2016; Act No. 13718 Jan. 6, 2016> |
| 1. | A person upon whom a sentence of imprisonment without prison labor or heavier punishment imposed for a violation of the National Security Act becomes final and conclusive; |
| 3. | A person upon whom a sentence of imprisonment without prison labor for at least one year or heavier punishment imposed for any of the following crimes becomes final and conclusive: |
| (a) | A crime under any provision of Articles 250 through 253 of the Criminal Act or an attempt to commit such crime; a crime under Article 264 of the aforesaid Act; a crime under Article 279 of the aforesaid Act or an attempt to commit such crime; a crime under Article 285 of the aforesaid Act or an attempt to commit such crime; a crime under any provision of Articles 287, 288 (except cases of committing a crime under Article 288 (1) for the purpose of marriage), 289 (except cases of committing a crime under Article 289 (2) for the purpose of marriage), 290, 291, 292 (except cases of receiving or harboring a victim kidnapped or abducted by a crime under Article 288 (1) for the purpose of marriage or a victim of trafficking by a crime under Article 289 (2) for the purpose of marriage, and cases of recruiting, transferring or delivering another with an intent to commit a crime under Article 288 (1) for the purpose of marriage or a crime under Article 289 (2) for the purpose of marriage) and 294 (except an attempt to commit a crime under Article 288 (1) for the purpose of marriage or under Article 289 (2) for the purpose of marriage and except an attempt to commit a crime of receiving or harboring a victim of kidnapping or abduction by a crime under Article 288 (1) for the purpose of marriage or a victim of trafficking by a crime under Article 289 (2) for the purpose of marriage); a crime under any provision of Articles 297 through 301, 301-2, 302, 303, and 305 of the aforesaid Act; a crime under Article 332 of the aforesaid Act (limited to a habitual offender under Article 329 through 331) or an attempt to commit such crime; a crime under any provision of Articles 333 through 336 of the aforesaid Act or an attempt to commit such crime; a crime under any provision of Articles 337 through 339 of the aforesaid Act, or an attempt to commit a crime under Article 337 through 339 of the aforesaid Act; a crime under 341 of the aforesaid Act or an attempt to commit such crime; a crime under Article 351 (limited to a habitual offender under Article 347, 347-2, 348, 350, or 350-2 of the aforesaid Act) of the aforesaid Act or an attempt to commit such crime; a crime under Article 363 of the aforesaid Act; |
| (b) | Deleted; <by Act No. 13718 Jan. 6, 2016> |
| 4. | A public official under Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act and an employee prescribed by Presidential Decree who is engaged in daily duties in the State or local governments, who had committed any of the following crimes with regard to his/her duty during the period of service and for whom the punishment became final and conclusive after being sentenced at least one year of imprisonment without prison labor or a heavier punishment: |
| (2) | If a person who has become ineligible for the application of this Act pursuant to paragraph (1) files an application for benefits, in accordance with Article 4, three years after he/she fully served (or is deemed to have fully served) or was fully discharged from his/her sentence, the Minister of Patriots and Veterans Affairs may determine a person eligible for the application of this Act and may grant benefits to him/her, subject to the deliberation and resolution by the Merit Reward Judgment Committee under Article 74-5 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State: Provided, That the foregoing shall not apply to a person who falls under paragraph (1) 2. <Amended by Act No. 11942, Jul. 16, 2013; Act No. 14259, May 29, 2016> |
| (3) | When the Minister of Patriots and Veterans Affairs intends to suspend benefits under this Act for a discharged soldier pursuant to Article 24 or exclude a discharged soldier from those eligible for the application of this Act pursuant to paragraph (1), he/she may request an agency responsible for the management of past criminal records to verify criminal records of the discharged soldier. |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 26 (Exclusion from Eligibility for Application) |
This Act shall not apply to discharged soldiers eligible for the application of the Act on the Honorable Treatment of Persons of Distinguished Services to Independence, the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran’s Compensation: Provided, That the foregoing shall not apply to benefits under Articles 13, 14 (3), 16 (1) through (3), 17, 18-2, and 21. <Amended by Act No. 11942, Jul. 16, 2013> [This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 26-2 (Requests, etc. for Provision of Data) |
| (1) | For the support prescribed in this Act including employment support, business start-up support, support for payment of an incentive for a job change, educational benefits, medical benefits and loans, suspension and redemption of payment of an incentive for a job change, suspension of benefits and verification of qualifications related to the exclusion from eligibility for application of this Act and survey, the Minister of Patriots and Veterans Affairs may request the provision of data prescribed by Presidential Decree, including financial information, etc., and data related to family relation registration information, certificate of earned income, local taxes, land, building, health insurance, national pension or immigration to the head of the relevant agency, and the head of the relevant agency, upon receipt of a request, shall comply with such request, except in extenuating circumstances. |
| (3) | No person who is engaged in or was once engaged in duties pursuant to paragraphs (1) and (2) shall use the data provided pursuant to paragraph (1) or the information acquired in the course of performing his/her duty for a purpose other than that prescribed in this Act or provide or diverge it to other person or agency. |
[This Article Newly Inserted by Act No. 11942, Jul. 16, 2013]
| Article 27 (Delegation and Entrustment) |
| (1) | The Minister of Patriots and Veterans Affairs may delegate some of his/her authority under this Act to the head of each affiliated agency under his/her control and the Governor of the Jeju Special Self-Governing Province, as prescribed by Presidential Decree. |
| (2) | The Minister of Patriots and Veterans Affairs may entrust business affairs related to requests for provision of data to the head of the relevant agency pursuant to Article 26-2 (1) to the Minister of Health and Welfare. <Newly Inserted by Act No. 11942, Jul. 16, 2013> |
| (3) | The Minister of Patriots and Veterans Affairs may entrust some of business affairs (excluding business affairs pursuant to paragraph (2)) under his/her control under this Act to an appropriate corporation or specialized institution, as prescribed by Presidential Decree. <Amended by Act No. 11942, Jul. 16, 2013> |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 28 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 30 million won: <Amended by Act No. 11942, Jul. 16, 2013> |
| 1. | A person who is supported or have others get supported pursuant to this Act by fraud or other improper means; |
| 2. | A person who uses, provides or divulges financial information in violation of Article 14-4 (6) (including cases applied mutatis mutandis in the latter part of Article 19 (2)). |
| (2) | Any of the following persons shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 20 million won: <Newly Inserted by Act No. 11942, Jul. 16, 2013> |
| 1. | A person who uses, provides or divulges credit information or insurance information in violation of Article 14-4 (6) (including cases applied mutatis mutandis in the latter part of Article 19 (2)); |
| 2. | A person who uses, provides or divulges data or information in violation of Article 26-2 (3). |
| (3) | Any attempt to commit a crime under paragraph (1) 1 shall be punished. <Amended by Act No. 11942, Jul. 16, 2013> |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
| Article 29 (Administrative Fines) |
| (3) | An administrative fine under paragraphs (1) and (2) shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. |
| (4) | through (6) Deleted. <by Act No. 9397, Jan. 30, 2009> |
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on May 1, 2006. |
| (2) | (Applicability to Exclusion from Eligibility for Application of Act) The amended provisions of Article 25 (1) 1 and 3 shall apply to cases whether a discharged soldier who files an application for benefits under this Act on or after the date this Act enters into force is eligible for the benefits shall be determined. |
| (3) | (Transitional Measure concerning Development of Cemeteries) A corporation that was entrusted by the State or a local government pursuant to the former Article 17 before this Act enters into force to develop a cemetery may continue the development project until the project is complete. |
| (5) | (Relationship with Other Statutes) A citation of the former Support for Discharged Soldiers Act or a provision thereof by any other Act or subordinate statute in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision of this Act in lieu of the provision, if such provision corresponding thereto exists in this Act. |
ADDENDUM <Act No. 8229, Jan. 3, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8514, Jul. 13, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2008. |
| (2) | (Applicability) The amended provisions of Articles 18-2 and 18-3 shall apply to ex-soldiers discharged from long-term service after this Act enters into force. |
| (3) | (Transitional Measure concerning Calculation of Military Service Period) Notwithstanding the amended provisions of Article 2 (2), a person whom the Minister of Patriots and Veterans Affairs confirmed as an ex-soldier discharged from medium or long-term service pursuant to the former provisions at the time this Act enters into force shall be deemed an ex-soldier discharged from medium or long-term service. |
ADDENDUM <Act No. 9080, Mar. 28, 2008>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 9327, Dec. 31, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDUM <Act No. 9397, Jan. 30, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9462, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9754, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 4 Omitted.
ADDENDA <Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11204, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Education Benefits)
The amended provisions of Article 19 shall apply, beginning in the semester to which the date on which this Act enters into force belongs.
ADDENDA <Act No. 11556, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11731, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11942, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provision of Article 18-2 shall enter into force on January 1, 2014. Article 2 (Applicability to Procedures for Figuring Out Living Standards)
The amended provisions of Articles 14-2 and 14-4 and the latter part of Article 19 (2) shall apply, beginning with an application for employment support or education benefits after this Act enters into force. Article 3 (Applicability to Payment of Incentives for Job Changes)
The amended provision of Article 18-2 shall apply, beginning with an ex-soldier who was discharged first from mid-term service after the same amended provision enters into force. Article 4 (Applicability to Reduction of or Exemption from Admission Fees, Tuition Fees, and Dues for School-Supporting Association)
The amended provision of Article 19 (3) shall apply, beginning with a semester commencing after this Act enters into force. Article 5 (Applicability to Exclusion from Eligibility for Application of This Act)
The amended provision of Article 25 (1) 3 and 4 shall apply, beginning with an ex-soldier for whom the punishment became final and conclusive after being sentenced at least one year of imprisonment without prison labor or a heavier punishment due to an act committed after this Act enters into force.
ADDENDA <Act No. 13717, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13718, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14259, May 29, 2016>
This Act shall enter into force on the date of its promulgation.