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ACT ON THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL CEMETERIES

Act No. 7649, Jul. 29, 2005

Amended by Act No. 8535, Jul. 19, 2007

Act No. 8565, Jul. 27, 2007

Act No. 8609, Aug. 3, 2007

Act No. 9078, Mar. 28, 2008

Act No. 9079, Mar. 28, 2008

Act No. 10741, May 30, 2011

Act No. 11027, Aug. 4, 2011

Act No. 11331, Feb. 17, 2012

Act No. 11818, May 22, 2013

Act No. 11940, Jul. 16, 2013

Act No. 12248, Jan. 14, 2014

Act No. 12667, May 21, 2014

Act No. 13289, May 18, 2015

Act No. 13426, Jul. 24, 2015

Act No. 13433, Jul. 24, 2015

Act No. 13609, Dec. 22, 2015

Act No. 14183, May 29, 2016

Act No. 14184, May 29, 2016

Act No. 14460, Dec. 20, 2016

Act No. 14480, Dec. 27, 2016

Act No. 14609, Mar. 21, 2017

Act No. 15029, Oct. 31, 2017

 Article 1 (Purpose)
The purpose of this Act is to bury persons who have sacrificed themselves for, and have contributed to, the State or society, when they die, and to commemorate and exalt their loyalty, righteousness, and great services by providing for matters regarding the establishment and operation of national cemeteries.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 11818, May 22, 2013>
1. The term "remains" means the remains of the body of a decedent (including parts of the body of a decedent where his/her body was buried at sea or where it was impossible to find his/her body; hereinafter the same shall apply), which have been cremated into ashes (including small crystals found among cremated remains);
2. The term "interment" means burying remains or the body of a decedent in a burial ground;
3. The term "enshrinement" means accommodating remains in buildings referred to in Article 2 (1) 2 of the Building Act or in outdoor facilities in the form of a fence, monument, sculpture, etc. (hereinafter referred to as “enshrinement facility”);
3-2. The term “natural burial” means burying remains under or around trees, flowers, grass, etc.;
4. The term "enshrinement of a mortuary tablet" means preserving a stone tablet, etc. on which a decedent’s name, etc. is carved where his/her remains could not be interred or enshrined because of the loss of his/her remains or body or where the period of interment or enshrinement has expired;
5. The term "burial" means interment, enshrinement, natural burial and enshrinement of a mortuary tablet;
6. The term "joint burial" means burying a decedent and his/her deceased spouse together in the same tomb or urn box, or enshrining decedents, whose identities are not verifiable due to death in action or other circumstances, together in an enshrinement facility in the form of remains;
7. The term "burial ground" means an area demarcated for burying the body of a decedent who falls under any item of Article 5 (1) 1 in a specific place within a national cemetery pursuant to Article 13;
8. The term “grave” means a facility for interring a decedent's remains or body;
9. The term “natural burial ground” means a facility to deliver natural burial funeral services;
10. The term "facility for enshrinement of a mortuary tablet" means a facility to enshrine the mortuary tablet;
11. The term “burial facility” means a grave, an enshrinement facility, a natural burial ground and a facility for enshrinement of a mortuary tablet;
12. The term “national cemetery facility” means a burial facility and additional facilities thereof, and other facilities necessary for the operation of national cemeteries;
13. The term “national cemetery facility program” means a program of establishing or altering a national cemetery facility.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 3 (Classification of National Cemeteries)
(1) National cemeteries shall be classified as follows:
1. The Seoul National Cemetery;
2. The Daejeon National Cemetery;
3. The April 19th National Cemetery;
4. The March 15th National Cemetery;
5. The May 18th National Cemetery;
6. National Cemetery.
(2) The location of each national cemetery shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 3 (Classification of National Cemeteries)
(1) National cemeteries shall be classified as follows: <Amended by Act. No. 15029, Oct. 31, 2017>
1. The Seoul National Cemetery;
2. The Daejeon National Cemetery;
3. The April 19th National Cemetery;
4. The March 15th National Cemetery;
5. The May 18th National Cemetery;
6. National Cemetery;
7. The Sinam National Cemetery.
(2) The location of each national cemetery shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
<<Enforcement Date: May 1, 2018>> Article 3 (1) 7
 Article 4 (Relationships with other Acts)
This Act shall take precedence over the Act on Funeral Services, Etc.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 4-2 (Establishment of Plan for Comprehensive Management of National Cemeteries, etc.)
(1) The Minister of Patriots and Veterans Affairs shall systematically establish and implement a comprehensive management plan for the development and expansion of national cemeteries, the management and operation of facilities and systems, the development of systems for the examination of, and funeral services for, persons eligible for burial in national cemeteries, and various programs for the commemoration and exaltation of loyalty and righteousness.
(2) Necessary organizational and operational matters, etc., for the comprehensive management of national cemeteries shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9078, Mar. 28, 2008]
 Article 5 (Persons Eligible for Burial in Each National Cemetery)
(1) The remains or body of any of the following persons shall be buried in national cemeteries: Provided, That the foregoing shall not apply where the bereaved family of a decedent does not want to bury him/her in a national cemetery: <Amended by Act No. 9079, Mar. 28, 2008; Act No. 10741, May 30, 2011; Act No. 11331, Feb. 17, 2012; Act No. 11940, Jul. 16, 2013; Act No. 12667, May 21, 2014; Act No. 13609, Dec. 22, 2015; Act No. 14183 & 14184, May, 29, 2016; Act No. 14460, Dec. 20, 2016; Act No. 14609, Mar. 21, 2017; Act No. 15029, Oct. 31, 2017>
1. The Seoul National Cemetery or the Daejeon National Cemetery:
(a) A person who served as President, Speaker of the National Assembly, or Chief Justice of the Supreme Court, or President of the Constitutional Court, or a decedent who is honored with a state funeral service pursuant to Article 2 of the State Funeral Act;
(c) A military person who died while in active service (including an officer cadet and a person in seconded service under Article 2 (1) 4 and 7 of the Military Service Act); a military person or a civilian military employee who died while being called up (including a person falling under any subparagraph of Article 74 (1) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State);
(d) A deceased person who was awarded a medal for meritorious military services under Article 13 of the Awards and Decorations Act;
(e) A person who died after having served as a general-class officer or after having performed military service for at least 20 years (Article 16 of the Military Pension Act shall apply mutatis mutandis to the calculation of the service period; and the period of military training, such as training at military academy, shall be included in the calculation thereof) and then being discharged, or retired, or exempted from active service;
(f) A Reserve Forces member or a police officer who was killed in a battle or died on duty;
(g) A person who died after having been discharged, retired, or exempted from service because of an injury under Article 4 (1) 4, 6, or 15 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, which he/she had sustained in a battle or on duty as a military person, a civilian military employee, or a police officer (including a person who was deemed a military person or a police officer wounded in action or on duty and thus entitled to the compensation pursuant to Article 74 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State);
(h) A fire-fighting officer who died on duty while controlling a fire, saving the life of a person, conducting rescue operation in disasters or calamities, providing first aid service, participating in a training drill in a simulated scene of such an on-duty activity or providing fire service under subparagraphs 1 through 4 of Article 16-2 (1) of the Framework Act on Fire-Fighting Services or conducting life safety activities under Article 16-3 (1) of the same Act, or a deceased fire-fighting officer whose injury severity was rated under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
(i) A deceased person who took part in the Korean War as a Korean student volunteer soldier from Japan under Article 4 (1) 9 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
(j) A person who was killed or wounded for the righteous cause under subparagraph 2 or 3 of Article 2 of the Act on Honorable Treatment of and Support for Persons Who Died or Was Injured for Public Good and who meets the requirements prescribed by Presidential Decree;
(k) A public official who died while performing dangerous duties, prescribed by Presidential Decree, such as wildfire fighting and correctional duty, and who was requested by the head of the competent agency to be buried in a national cemetery as a public official who died on duty;
(l) A deceased person (excluding police officials and fire-fighting officials) recognized by the Deliberative Committee on Burial Eligibility under Article 10 as a public official who died or was injured in the line of duty (limited to public officials who sustained an injury assessed as Class 1, 2, or 3 under Article 6-4 (1) of Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State) under Article 4 (1) 14 or 15 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State while performing dangerous duties that meet the requirements prescribed by Presidential Decree pursuant to item (k);
(m) A deceased person who contributed significantly to the State or society (including foreigners) and meets the requirements prescribed by Presidential Decree;
(n) A deceased person who was a member of Dokdo Volunteer Defense Team under subparagraph 1 of Article 2 of the Support for Dokdo Volunteer Defense Team Act;
2. The April 19th National Cemetery or the March 15th National Cemetery: A decedent who was determined as a deceased or wounded activist of the 4.19 Revolution or a person of merit of the 4.19 Revolution under Article 4 (1) 11 through 13 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
3. The May 18th National Cemetery: A decedent who was determined as a deceased or wounded activist of the 5.18 Democratization Movement or any other victim of the 5.18 Democratization Movement under subparagraphs 1 through 3 of Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement;
4. National Cemetery:
(a) A decedent who falls under Article 4 (1) 3 or 5 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State or under subparagraph 4, 6, or 7 of the aforementioned paragraph;
(b) A deceased war veteran of distinguished services under subparagraph 2 of Article 2 of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations;
(c) A deceased soldier discharged after long service under Article 2 (1) 2 of the Support for Discharged Soldiers Act.
(2) Notwithstanding the main body of paragraph (1), the remains or body of a deceased person falling under any subparagraph of paragraph (1) 1 through 4 shall be buried in the national cemetery established in the Jeju Special Self-Governing Province: Provided, That the foregoing shall not apply where the bereaved family of a deceased person does not want to bury him/her in the national cemetery: <Newly Inserted by Act No. 11027, Aug. 4, 2011>
(3) The spouse of a person buried in a national cemetery pursuant to paragraph (1) may be buried in the same spot, depending upon the wish of the spouse or his/her bereaved family, and the spouse shall meet the following requirements: Provided, That the spouse of a decedent whose portrait or mortuary tablet is enshrined pursuant to Article 6 (2) may have his/her mortuary enshrined or lay the remains in state with the decedent: <Amended by Act No. 11027, Aug. 4, 2011; Act No. 15029, Oct. 31, 2017>
1. The spouse who remained married to an eligible person at the time of his/her death: Provided, That a deceased spouse of a former marriage may be included herein if an eligible person had a subsequent remarriage after the death of his/her spouse, but the surviving spouse of an eligible person shall be excluded herefrom if he/she had a subsequent remarriage after his/her death;
2. A person who had a de facto marital relationship with an eligible person at the time of his/her death. In such cases, the Deliberative Committee on Burial Eligibility under Article 10 shall determine whether to permit their joint burial.
(4) Notwithstanding paragraph (1), none of the following persons shall be buried in a national cemetery: <Amended by Act No. 11027, Aug. 4, 2011; Act No. 11331, Feb. 17, 2012; Act No. 13289, May 18, 2015>
1. A person who lost the nationality of the Republic of Korea: Provided, That a person who falls under paragraph (1) 1 (b) or (i) shall be excluded herefrom;
2. A person, who falls under paragraph (1) 1 (c) (excluding persons who fall under Article 4 (1) 3 (b) or 5 (b) of the Act on the Honorable Treatment of and Support of Persons, etc. of Distinguished Services to the State), lost his/her life but was not killed in action or in the line of duty;
3. A person who falls under any case described in Article 79 (1) 1 through 4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State: Provided, That such person may be buried in a national cemetery, if he/she served a term of imprisonment, subject to subparagraph 2 of Article 2 of the Act on the Honor Restoration of and Compensation to Persons Related to Democratization Movements, and his/her meritorious service is recognized;
4. A person who was removed or discharged from office as a result of impeachment or punishment;
5. Other persons determined by the Deliberative Committee under Article 10 as one who degrades the honor of national cemeteries.
(5) Where a person otherwise eligible for burial under paragraph (1) 1 (b), (1) 2, or (1) 3 is excluded from the list of eligible persons, such person may be buried in a national cemetery, if he/she served a term of imprisonment for his/her meritorious services to independence, to the State, or the 5.18 Democratization Movement. <Amended by Act No. 11027, Aug. 4, 2011>
(6) Notwithstanding the main body of paragraph 4 (1), any person without the nationality of the Republic of Korea may be buried in a national cemetery depending on deliberation or determination made by the Deliberative Committee under Article 10 in accordance with the criteria prescribed by Presidential Decree. <Newly Inserted by Act No. 11940, Jul. 16, 2013>
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 5 (Persons Eligible for Burial in Each National Cemetery)
(1) The remains or body of any of the following persons shall be buried in national cemeteries: Provided, That the foregoing shall not apply where the bereaved family of a decedent does not want to bury him/her in a national cemetery: <Amended by Act No. 9079, Mar. 28, 2008; Act No. 10741, May 30, 2011; Act No. 11331, Feb. 17, 2012; Act No. 11940, Jul. 16, 2013; Act No. 12667, May 21, 2014; Act No. 13609, Dec. 22, 2015; Act No. 14183 & 14184, May, 29, 2016; Act No. 14460, Dec. 20, 2016; Act No. 14609, Mar. 21, 2017; Act No. 15029, Oct. 31, 2017>
1. The Seoul National Cemetery or the Daejeon National Cemetery:
(a) A person who served as President, Speaker of the National Assembly, or Chief Justice of the Supreme Court, or President of the Constitutional Court, or a decedent who is honored with a state funeral service pursuant to Article 2 of the State Funeral Act;
(c) A military person who died while in active service (including a cadet and a person in seconded service under Article 2 (1) 4 and 7 of the Military Service Act) and a military person or a civilian military employee who died while being called up (including a person falling under any subparagraph of Article 74 (1) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State);
(d) A deceased person who was awarded a medal for meritorious military services under Article 13 of the Awards and Decorations Act;
(e) A person who died after having served as a general-class officer or after having performed military service for at least 20 years (Article 16 of the Military Pension Act shall apply mutatis mutandis to the calculation of the service period; and the period of military training, such as training at military academy, shall be included in the calculation thereof) and then being discharged, or retired, or exempted from active service;
(f) A Reserve Forces member or a police officer who was killed in a battle or died on duty;
(g) A person who died after having been discharged, retired, or exempted from service because of an injury under Article 4 (1) 4, 6, or 15 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, which he/she had sustained in a battle or on duty as a military person, a civilian military employee, or a police officer (including a person who was deemed a military person or a police officer wounded in action or on duty and thus entitled to the compensation pursuant to Article 74 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State);
(h) A fire-fighting officer who died on duty while controlling a fire, saving the life of a person, conducting rescue operation in disasters or calamities, providing first aid service, participating in a training drill in a simulated scene of such an on-duty activity or providing fire service under subparagraphs 1 through 4 of Article 16-2 (1) of the Framework Act on Fire-Fighting Services, or conducting life safety activities under Article 16-3 (1) of the same Act, or a deceased fire-fighting officer whose injury severity was rated under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
(i) A deceased person who took part in the Korean War as a Korean student volunteer soldier from Japan under Article 4 (1) 9 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
(j) A person who was killed or wounded for the righteous cause under subparagraph 2 or 3 of Article 2 of the Act on Honorable Treatment of and Support for Persons Who Died or Was Injured for Public Good and who meets the requirements prescribed by Presidential Decree;
(k) A public official who died while performing dangerous duties, prescribed by Presidential Decree, such as wildfire fighting and correctional duty, and who was requested by the head of the competent agency to be buried in a national cemetery as a public official who died on duty;
(l) A deceased person (excluding police officials and fire-fighting officials) recognized by the Deliberative Committee on Burial Eligibility under Article 10 as a public official who died or was injured in the line of duty (limited to public officials who sustained an injury assessed as Class 1, 2, or 3 under Article 6-4 (1) of Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State) under Article 4 (1) 14 or 15 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State while performing dangerous duties that meet the requirements prescribed by Presidential Decree pursuant to item (k);
(m) A deceased person who contributed significantly to the State or society (including foreigners) and meets the requirements prescribed by Presidential Decree;
(n) A deceased person who was a member of Dokdo Volunteer Defense Team under subparagraph 1 of Article 2 of the Support for Dokdo Volunteer Defense Team Act;
2. The April 19th National Cemetery or the March 15th National Cemetery: A decedent who was determined as a deceased or wounded activist of the 4.19 Revolution or a person of merit of the 4.19 Revolution under Article 4 (1) 11 through 13 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
3. The May 18th National Cemetery: A decedent who was determined as a deceased or wounded activist of the 5.18 Democratization Movement or any other victim of the 5.18 Democratization Movement under subparagraphs 1 through 3 of Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement;
4. National Cemetery:
(a) A decedent who falls under Article 4 (1) 3 or 5 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State or under subparagraph 4, 6, or 7 of the aforementioned paragraph;
(b) A deceased war veteran of distinguished services under subparagraph 2 of Article 2 of the Act on Honorable Treatment of War Veterans, etc. of and Establishment of Related Associations;
(c) A deceased soldier discharged after long service under Article 2 (1) 2 of the Support for Discharged Soldiers Act.
(2) Notwithstanding the main body of paragraph (1), the remains or body of a deceased person falling under any subparagraph of paragraph (1) 1 through 4 shall be buried in the national cemetery established in the Jeju Special Self-Governing Province: Provided, That the foregoing shall not apply where the bereaved family of a deceased person does not want to bury him/her in the national cemetery: <Newly Inserted by Act No. 11027, Aug. 4, 2011>
(3) The spouse of a person buried in a national cemetery pursuant to paragraph (1) may be buried in the same spot, depending upon the wish of the spouse or his/her bereaved family, and the spouse shall meet the following requirements: Provided, That the spouse of a decedent whose portrait or mortuary tablet is enshrined pursuant to Article 6 (2) may have his/her mortuary enshrined or may lay the remains in state with the decedent: <Amended by Act No. 11027, Aug. 4, 2011; Act No. 15029, Oct. 31, 2017>
1. The spouse who remained married to an eligible person at the time of his/her death: Provided, That a deceased spouse of a former marriage may be included herein if an eligible person had a subsequent remarriage after the death of his/her spouse, but the surviving spouse of an eligible person shall be excluded herefrom if he/she had a subsequent remarriage after his/her death;
2. A person who had a de facto marital relationship with an eligible person at the time of his/her death. In such cases, the Deliberative Committee on Burial Eligibility under Article 10 shall determine whether to permit their joint burial.
(4) Notwithstanding paragraph (1), none of the following persons shall be buried in a national cemetery: <Amended by Act No. 11027, Aug. 4, 2011; Act No. 11331, Feb. 17, 2012; Act No. 13289, May 18, 2015>
1. A person who lost the nationality of the Republic of Korea: Provided, That a person who falls under paragraph (1) 1 (b) or (i) shall be excluded herefrom;
2. A person, who falls under paragraph (1) 1 (c) (excluding persons who fall under Article 4 (1) 3 (b) or 5 (b) of the Act on the Honorable Treatment of and Support of Persons, etc. of Distinguished Services to the State), lost his/her life but was not killed in action or in the line of duty;
3. A person who falls under any case described in Article 79 (1) 1 through 4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State: Provided, That such person may be buried in a national cemetery, if he/she served a term of imprisonment, subject to subparagraph 2 of Article 2 of the Act on the Honor Restoration of and Compensation to Persons Related to Democratization Movements, and his/her meritorious service is recognized;
4. A person who was removed or discharged from office as a result of impeachment or punishment;
5. Other persons determined by the Deliberative Committee under Article 10 as one who degrades the honor of national cemeteries.
(5) Where a person otherwise eligible for burial under paragraph (1) 1 (b), (1) 2, or (1) 3 is excluded from the list of eligible persons, such person may be buried in a national cemetery, if he/she served a term of imprisonment for his/her meritorious services to independence, to the State, or the 5.18 Democratization Movement. <Amended by Act No. 11027, Aug. 4, 2011>
(6) Notwithstanding the main body of paragraph 4 (1), any person without the nationality of the Republic of Korea may be buried in a national cemetery depending on deliberation or determination made by the Deliberative Committee under Article 10 in accordance with the criteria prescribed by Presidential Decree. <Newly Inserted by Act No. 11940, Jul. 16, 2013>
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
<<Enforcement Date: May 1, 2018>> Article 5 (1) 5
 Article 6 (Joint Burial, etc. of Persons Killed in Action, etc.)
(1) The Minister of Patriots and Veterans Affairs or the Minister of National Defense may bury the remains of deceased persons in the same spot, whose identity cannot be established due to death in action or other circumstances.
(2) The spirit of any of the following decedents may be enshrined with his/her portrait or mortuary tablet in a memorial monument, etc.: <Amended by Act No. 15029, Oct. 31, 2017>
1. and 2. Deleted. <by Act No. 15029, Oct. 31, 2017>
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 7 (Relocation of Graves)
(1) The Minister of Patriots and Veterans Affairs or the Minister of National Defense may relocate the bodies or remains of an eligible person and his/her spouse who were buried in any place other than a national cemetery to a national cemetery, if their bereaved family requests such relocation.
(2) The body or remains of a person interred or enshrined in a national cemetery may be moved to any place from a national cemetery if his/her bereaved family so desires: Provided, That the body or remains once moved from a national cemetery may not be returned to a national cemetery. <Amended by Act No. 11818, May 22, 2013>
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 8 (Restriction on Burying Bodies)
Notwithstanding the main sentence of Article 5 (1) and Article 5 (2), no decedent's body shall be buried in a national cemetery, except for a person falling under Article 5 (1) 1 (a) or (m). <Amended by Act No. 11027, Aug. 4, 2011>
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 9 (Procedure for Selecting Persons Eligible for Burial)
The procedure for selecting persons eligible for burial in a national cemetery shall be provided separately on the basis of each category of eligible persons under Article 5 (1) 1 (j) through (m), and further details shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 10 (Establishment, etc. of Deliberative Committee on Burial Eligibility)
(1) The Deliberative Committee on Burial Eligibility (hereinafter referred to as the "Deliberative Committee") shall be established under the Ministry of Patriots and Veterans Affairs in order to deliberate on the following matters: <Amended by Act No. 11027, Aug. 4, 2011; Act No. 11940, Jul. 16, 2013>
1. Whether a person falling under Article 5 (1) 1 (j), (l), or (m) is eligible to be buried in a national cemetery;
2. Whether a person who had a de facto marital relationship under Article 5 (3) 2 is eligible to be buried in a national cemetery;
3. Whether the honor of national cemeteries under Article 5 (4) 5 would be degraded;
3-2. Whether a person falling under Article 5 (6) is eligible to be buried in a national cemetery;
4. Matters to determine the area of a grave under Article 12 (2);
5. Whether to maintain a grave permanently or to enshrine a mortuary tablet instead after the lapse of 60 years under Article 15;
6. Other matters related to the selection of persons eligible for burial in a national cemetery.
(2) The Deliberative Committee shall complete deliberation on the selection of a person eligible for burial in a national cemetery within 30 days after the receipt of an application.
(3) If necessary for deliberation, the Deliberative Committee may demand the person concerned to appear before the Deliberative Committee or investigate such person, or demand the State, a local government, or any other public institution to submit a report or materials on the relevant matters.
(4) The Deliberative Committee shall be comprised of not more than 20 members, governmental and non-governmental, including one Chairperson.
(5) The Vice Minister of Patriots and Veterans Affairs shall serve as the Chairperson of the Deliberative Committee, and persons recommended by the head of the competent central administrative agency shall serve as members of the Committee.
(6) Matters necessary for organizing and operating the Deliberative Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 11 (Request, etc. for Burial)
(1) Burial (including enshrinement of a portrait), joint burial or relocation under Articles 5 through 7 shall be requested by a bereaved family member or the head of a related agency to the Minister of Patriots and Veterans Affairs or the Minister of National Defense. <Amended by Act No. 11818, May 22, 2013>
(2) Matters necessary for the request procedure, etc. under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 11-2 (Preparing Implementation Plan for National Cemetery Facility Program)
(1) A national cemetery facility program shall be implemented by the Minister of Patriots and Veterans Affairs (referring to the Minister of National Defense in the case of the Seoul National Cemetery under Article 3 (1) 1; hereafter the same shall apply in this Article through Article 11-10).
(2) In order to implement a national cemetery facility program, the Minister of Patriots and Veterans Affairs shall prepare an implementation plan for the national cemetery facility program (hereinafter referred to as “implementation plan”) including the following matters: Provided, That this shall not apply to minor national cemetery facility programs prescribed by Presidential Decree:
1. Outline, scale and scope of the program;
2. Location and area of the implementation site;
3. Implementation period of the program;
4. Plans concerning land utilization;
5. The location map and cadastral map of the implementation site;
6. Other matters prescribed by Presidential Decree concerning the national cemetery facility program.
(3) When preparing an implementation plan pursuant to paragraph (2), the Minister of Patriots and Veterans Affairs shall listen to the opinions of the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, a Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as Mayors/Do Governors) and the head of a related administrative agency of the area where a national cemetery facility is established.
(4) Upon receipt of a request under paragraph (3), the Mayors/Do Governors and the head of a related administrative agency shall submit his/her opinion within 30 days from the date of receipt thereof, and where no opinion is submitted within the period, it shall be deemed that no opinion exists.
(5) When having prepared an implementation plan pursuant to paragraph (2), the Minister of Patriots and Veterans Affairs shall publicly announce the implementation plan in a daily newspaper whose business targets residents of the concerned area and on the Internet website of the Ministry of Patriots and Veterans Affairs (or the Ministry of National Defense where the Ministry of National Defense is an implementer), and have residents thereof inspect it for at least 20 days from the date of announcement.
(6) Any person with opinions on the implementation plan publicly announced pursuant to paragraph (5) may submit his/her opinion to the Minister of Patriots and Veterans Affairs within the inspection period, and if the Minister of Patriots and Veterans Affairs deems the opinion valid, he/she shall reflect it to the implementation plan.
(7) Before finalizing an implementation plan, the Minister of Patriots and Veterans Affairs shall deliberate on the environmental impact assessment under the Environmental Impact Assessment Act, the prior deliberation of factors influencing disasters under the Countermeasures against Natural Disasters Act, and the traffic impact assessment under the Urban Traffic Improvement Promotion Act. <Amended by Act No. 13426, Jul. 24, 2015>
(8) Paragraphs (2) through (7) shall apply mutatis mutandis where the finalized implementation plan is changed: Provided, That this shall not apply to minor matters prescribed by Presidential Decree.
(9) Matters necessary for the determination of a national cemetery facility, its structure and installation standards, etc. shall be prescribed by Ordinance of the Prime Minister.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 11-3 (Notification of Implementation Plan)
(1) Where an implementation plan is finalized or the finalized implementation plan is changed (except minor matters prescribed by Presidential Decree), the Minister of Patriots and Veterans Affairs shall, as prescribed by Presidential Decree, notify the implementation plan and the related documents including the topographical drawing under Article 8 of the Framework Act on the Regulation of Land Use, and send a copy of the implementation plan and the related documents to the competent Mayors/Do Governors.
(2) Upon receipt of a copy of the implementation plan and the related documents pursuant to paragraph (1), the Mayors/Do Governors shall disclose them to the general public.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 11-4 (Legal Fiction of Authorization or Permission, etc. under Other Acts)
(1) When the Minister of Patriots and Veterans Affairs prepares an implementation plan (including changes thereof) pursuant to Article 11-2, the matters he/she consults on with the head of the relevant administrative agency under paragraph (2) regarding determination, permission, authorization, approval, designation, agreement, consultation, report or revocation, etc. in the following subparagraphs (hereinafter referred to as “authorization or permission, etc.”) shall be deemed authorized or permitted, etc., and where the implementation plan was notified pursuant to Article 11-3 (1), it shall be deemed that authorization or permission, etc. under the following Acts has been notified or announced: <Amended by Act No. 12248, Jan. 14, 2014; Act No. 13433, Jul. 24, 2015; Act No. 14480, Dec. 27, 2016>
1. Building consultation under Article 29 of the Building Act;
2. Consultation on or approval for occupying or using public waters under Article 10 of the Public Waters Management and Reclamation Act, report on an implementation plan for occupancy or use under Article 17 of the same Act, consultation on or approval for reclamation executed by the State, etc. under Article 35 of the same Act and approval for an implementation plan for reclaiming public waters under Article 38 of the same Act;
3. Change or abolition of public property use under Article 11 of the Public Property and Commodity Management Act and permission for use or profit under Article 20 of the same Act;
4. Determination of urban or Gun management plans under Article 30 of the National Land Planning and Utilization Act, permission for development activities under Article 56 of the same Act, designation of implementers of urban or Gun planning facility projects under Article 86 of the same Act and authorization of implementation plans under Article 88 of the same Act;
5. Approval for use of agricultural infrastructure or water under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act and permission for the change, etc. of land shape and quality under Article 111 of the same Act;
6. Permission for or consultation on diverting farmland under Article 34 of the Farmland Act, permission for or consultation on temporarily using farmland for other purposes under Article 36 of the same Act and approval for altering the use thereof under Article 40 (1) of the same Act;
7. Permission granted to a person other than a road management agency for implementation of road works under Article 36 of the Road Act and permission for occupying and using roads under Article 61 of the same Act;
8. Determination of park building plans under Article 16-2 of the Act on Urban Parks, Green Areas, Etc., permission for occupation and use of urban parks under Article 24 of the same Act, permission for restricted activities in urban natural park areas under Article 27 of the same Act and permission for occupation and use of greenbelts under Article 38 of the same Act;
9. Permission for opening, etc. of private roads under Article 4 of the Private Road Act;
10. Cancellation of designation of land for erosion control under Article 20 of the Erosion Control Work Act;
11. Permission for or reporting on cutting standing timber, etc. under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act, permission for or reporting on restricted activities within forest conservation zones (excluding conservation zones for forest gene resources) under Article 9 (1) and subparagraphs 1 and 2 of Article 9 (2) of the Forest Protection Act and cancellation of designation of a forest conservation zone under Article 11 (1) 1 of the same Act;
12. Permission for diverting mountainous districts under Article 14 of the Mountainous Districts Management Act, permission for and reporting on temporary use of mountainous districts under Article 15-2 of the same Act and permission for collecting earth or stone under Article 25 of the same Act;
15. Authorization on private-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act;
16. Approval for implementation plans for coastal maintenance projects under Article 25 of the Coast Management Act;
17. Permission for reburial of a grave under Article 27 of the Act on Funeral Services, Etc.;
18. Approval for implementing development projects under Article 147 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, permission for restricted activities in an absolute conservation zone under Article 355(3) of the same Act and permission for restricted activities in a relative conservation zone under Article 356 (2) of the same Act;
19. Consultation under Article 23 of the Grassland Act;
20. Approval for or reporting on the installation of waste disposal facilities under Article 29 of the Wastes Control Act;
21. Permission for constructing a public sewerage system under Article 16 of the Sewerage Act and permission for occupying and using a public sewerage system under Article 24 of the same Act;
22. Permission for implementing river works under Article 30 of the River Act, permission for occupying and using rivers under Article 33 of the same Act and permission for using river water under Article 50 of the same Act.
(2) Where the matters falling under the subparagraphs of paragraph (1) are included in the implementation plan, the Minister of Patriots and Veterans Affairs shall, in advance, consult with the head of a related administrative agency, after preparing the related documents prescribed by the relevant Act along with the implementation plan.
(3) The head of a related administrative agency shall submit his/her opinion to the Minister of Patriots and Veterans Affairs within 30 days from the date of receiving such request under paragraph (2). In this case, where the opinion is not submitted within the period, it shall be deemed that consultation has been made.
(4) Where authorization or permission, etc. is deemed to be granted under paragraph (1), any license fees, charges or usage fees imposed under the relevant Acts shall be exempted.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 11-5 (Inspection, etc. of Related Documents)
The Minister of Patriots and Veterans Affairs may request inspection or copies of documents necessary for a national cemetery facility program or issuance of a certificate, etc. to a register office or the heads of other related administrative agencies for free.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 11-6 (Preferential Establishment of Infrastructure)
Where a notification is made under Article 11-3, administrative agencies responsible for managing infrastructure including roads, waterworks, sewerage, electrical facilities, communication facilities, gas equipment and district heating facilities, etc. shall preferentially establish infrastructure related to a national cemetery facility within budgetary limits, for a smooth implementation of a national cemetery facility program.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 11-7 (Public Announcement, etc. of Construction Completion)
(1) Upon completion of construction of a national cemetery facility, where the program includes matters related to completion inspection or completion authorization, etc. in accordance with authorization or permission, etc. granted pursuant to Article 11-4, the Minister of Patriots and Veterans Affairs shall consult on such matters with the head of a related administrative agency. In such cases, the matters that have been consulted with the head of a related administrative agency shall be deemed to have received such completion inspection or completion authorization, etc.
(2) Where a national cemetery facility program executed by an agency under Article 11-10 has not been completed in accordance with the implementation plan, the Minister of Patriots and Veterans Affairs shall, without delay, order necessary measures, including complementary construction, etc.
(3) The Minister of Patriots and Veterans Affairs shall, after consultation with the head of a related administrative agency under paragraph (1), publicly announce the completion of construction, and notify it to the Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu in which a national cemetery facility is established.
(4) The Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu who is notified of the completion of construction under paragraph (3) shall record the fact on the building register or structure management register under the Acts related to construction.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 11-8 (Attribution of National Cemetery Facility, Etc.)
(1) A national cemetery facility established under a national cemetery facility program shall be attributed to the State, upon completion of construction thereof.
(2) Article 65 of the National Land Planning and Utilization Act shall apply to the attribution of public facilities, except a national cemetery facility, that were established as a result of the implementation of a national cemetery facility program.
(3) In the case of registering a national cemetery facility, a document certifying the grounds for registration under Article 40 (1) 5 of the Registration of Real Estate Act shall be replaced by a document certifying the public announcement of construction completion under Article 11-7 (3).
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 11-9 (Disposition Restriction, etc. of Public Land)
(1) Any land owned by a local government within the implementation area of a national cemetery facility program, which is necessary for the national cemetery facility program, shall not be disposed of for any purpose other than its original purpose prescribed by the implementation plan thereof.
(2) Notwithstanding the Public Property and Commodity Management Act, any property owned by a local government within the implementation area of a national cemetery facility program, which is necessary for the national cemetery facility program, may be used by the Minister of Patriots and Veterans Affairs without compensation or be disposed of by a private contract. In such cases, the Minister of Patriots and Veterans Affairs shall consult, in advance, with the head of the relevant local government about the abolition of use or disposition of the property.
(3) Upon receipt of a request for consultation under the latter part of paragraph (2), the head of the relevant local government shall take necessary measures for consultation within 30 days from the date of receiving such request.
(4) Where the Minister of Patriots and Veterans Affairs uses public property under paragraph (2), he/she may establish a permanent national cemetery facility, notwithstanding Article 13 of the Public Property and Commodity Management Act.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 11-10 (Execution of National Cemetery Facility Program by Agency)
(1) Where the Minister of Patriots and Veterans Affairs deems it necessary for an effective implementation of a national cemetery facility program, he/she may allow those who meet the selection criteria prescribed by Presidential Decree, including local governments, other corporations or organizations, to execute the national cemetery facility program as an agency.
(2) Where the Minister of Patriots and Veterans Affairs has a national cemetery facility program be executed by an agency under paragraph (1), he/she shall notify such matters prescribed by Ordinance of the Prime Minister in the Official Gazette, etc. including the name (in the case of a corporation, referring to the name of the corporation) of the person who executes the relevant program (hereinafter referred to as “agency”) and the scope of the execution by the agency.
(3) The Minister of Patriots and Veterans Affairs may manage or supervise the execution of a national cemetery facility program by an agency and require submission of necessary documents.
(4) An agency shall report the execution of a national cemetery facility program to the Minister of Patriots and Veterans Affairs as prescribed by Ordinance of the Prime Minister.
(5) Where an agency falls under any of the following cases, the Minister of Patriots and Veterans Affairs may cancel the designation of the agency or have others execute the program as an agency:
1. Where it is deemed that the execution of a national cemetery facility program is likely to be delayed significantly compared with the implementation plan;
2. Where the agency increased the cost of construction works significantly;
3. Where the agency is designated in a false or other fraudulent manner;
4. Where the agency fails to meet the agency selection criteria prescribed by Presidential Decree under paragraph (1);
5. Where the agency fails to work under the management or supervision of the Minister of Patriots and Veterans Affairs;
6. Where the agency fails to report the execution under paragraph (4) or reports it falsely.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 12 (Area, etc. of Grave)
(1) The area of a grave for a person eligible to be buried in a national cemetery under Article 5 (1) shall be as follows: <Amended by Act No. 11818, May 22, 2013>
1. A person who has held the office of President: Within 264 square meters;
2. A person other than those who have held the office of President: 3.3 square meters.
(2) Notwithstanding paragraph (1), the Deliberative Committee may separately determine the grave area for a person other than the President, among eligible persons falling under Article 5 (1) 1 (a), or persons under Article 5 (1) 1 (m). In such cases, the area of such grave shall not exceed 26.4 square meters.
(3) Where a person is buried with his/her spouse pursuant to Article 5 (3), the area of such grave shall not, after the joint burial, exceed the area of a grave under paragraphs (1) and (2). <Amended by Act No. 11027, Aug. 4, 2011>
(4) Grave shapes, types and specifications of accessory structures, such as gravestone, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 13 (Classification of Burial Grounds)
(1) The Minister of Patriots and Veterans Affairs or the Minister of National Defense may establish and manage burial grounds in a national cemetery in accordance with the following classifications: <Amended by Act No. 11331, Feb. 17, 2012>
1. Burial ground for heads of state;
2. Burial ground for patriots;
3. Burial ground for persons of distinguished services to the State;
4. Burial ground for military persons and civilian military employees:
(a) Burial ground for generals;
(b) Burial ground for officers;
(c) Burial ground for soldiers;
5. Burial ground for police officers;
5-2. Burial ground for fire-fighting officers;
6. Burial ground for persons killed or wounded for a righteous cause;
7. Burial ground for ordinary persons of meritorious services;
8. Burial ground for foreigners.
(2) Burial grounds under paragraph (1) may be subdivided further or consolidated for the establishment and management of burial grounds, taking into consideration the conditions of each national cemetery.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 14 (Establishment and Operation of Enshrinement Facilities)
(1) The State may establish and operate enshrinement facilities within each national cemetery, taking into consideration the demand and capacity for burial in each national cemetery.
(2) The remains of a person eligible for burial in a national cemetery under any subparagraph of Article 5 (1) shall be enshrined in an enshrinement facility depending upon the wish of the person or his/her bereaved family, and the remains of his/her deceased spouse shall be enshrined together with those of his/her spouse depending upon the wish of the deceased spouse or his/her bereaved family.
(3) Specifications of each urn box, such as size and materials, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 14-2 (Establishment and Operation of Natural Burial Grounds)
(1) The State may establish and operate a natural burial ground in national cemeteries, taking into account the demand and capacity for burial in each national cemetery.
(2) The remains of an eligible person under the subparagraphs of Article 5 (1) shall be buried in a natural burial ground depending upon the wish of the person or his/her bereaved family, and the remains of his/her deceased spouse shall be buried together with those of his/her spouse depending upon the wish of the deceased spouse or his/her bereaved family.
(3) Matters necessary for the types of natural burials, the area of a natural burial ground, development method thereof and the types and specifications of accessory structures thereto shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
 Article 15 (Burial Period)
(1) The Minister of Patriots and Veterans Affairs shall prescribe the period of burial in a national cemetery (except enshrinement of a mortuary tablet) to 60 years, and determine whether to have him/her buried permanently or enshrine a mortuary tablet instead after 60 years through deliberation by the Deliberative Committee: Provided, That the foregoing shall not apply where the bereaved family requests the relocation of his/her grave. <Amended by Act No. 11818, May 22, 2013>
(2) The period of being buried under paragraph (1) shall be counted from the date of death: Provided, That the burial period of a person who died before this Act enters into force shall be counted from the enforcement date of this Act, but where his/her deceased spouse is buried together, the period shall be counted based on the person who died later.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 16 (Costs and Expenses for Burial)
(1) Costs and expenses necessary for burying a person in a facility shall be borne by the State. <Amended by Act No. 11818, May 22, 2013>
(2) Notwithstanding paragraph (1), costs and expenses shall be borne by the bereaved family in any of the following cases:
1. Where a person buried in any place other than a national cemetery is moved to a national cemetery pursuant to Article 7 (1) (limited to costs and expenses incurred in carrying his/her remains to a national cemetery);
2. Where a person buried in a national cemetery is moved to any place outside the national cemetery pursuant to Article 7 (2).
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 17 (Establishment of National Cemetery Administration Offices)
(1) A national cemetery administration office shall be established under the control of the Minister of Patriots and Veterans Affairs in order to manage and operate national cemeteries: Provided, That a national cemetery administration office responsible for managing and operating the Seoul National Cemetery under Article 3 (1) 1 shall be established under the control of the Minister of National Defense.
(2) The organization of national cemetery administration offices, the fixed number of personnel, and other matters necessary for the operation of such offices shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 18 (Prohibition of Alteration of Burial Facility or Accessory Structures thereto)
(1) No one shall install or alter a burial facility or any of its accessory structures in violation of this Act. <Amended by Act No. 11818, May 22, 2013>
(2) The head of a national cemetery administration office may reinstate a burial facility or an accessory structure thereto, which has been installed or altered in violation of paragraph (1), to its original condition and take other necessary measures therefor. <Amended by Act No. 11818, May 22, 2013>
(3) Where costs and expenses are incurred in reinstating a burial facility or an accessory structure thereto to its original condition or in taking other necessary measures pursuant to paragraph (2), the head of a national cemetery administration office may require the person who installed or altered such burial facility or accessory structure to bear the costs and expenses. <Amended by Act No. 11818, May 22, 2013>
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 19 (Establishment of Memorial Halls, etc.)
(1) Memorial halls or towers, etc. may be established in each national cemetery in order to exalt the loyalty, righteousness, and great services of persons buried in the national cemetery.
(2) Formalities and rites necessary for paying respects at a memorial tower or performing funeral services shall be prepared.
(3) Necessary matters concerning the types of rites performed in national cemeteries, the procedures for such rites, and the management and operation of various formalities within national cemeteries shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 20 (Maintenance of Dignity of National Cemeteries)
(1) No one shall sing, dance or conduct an entertainment event within a national cemetery, or commit any other act that is likely to undermine the dignity of a national cemetery: Provided, That memorial concerts and other activities for commemorating and exalting loyalty may be held or conducted within the extent that such activities do not degrade the sanctity of national cemeteries.
(2) The head of a national cemetery administrative office may, if he/she finds any person who violates paragraph (1), restrain such a person from doing such a violation or remove such a person from the cemetery.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 21 (Activities for Commemorating and Exalting Loyalty)
The State may implement programs for exalting meritorious services and great deeds of persons who have contributed to the State and society.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 22 (Cooperation of Related Agencies)
(1) If the Minister of Patriots and Veterans Affairs considers it necessary for the management and operation of national cemeteries, he/she may request the head of a related agency to take necessary measures.
(2) The Minister of Patriots and Veterans Affairs may request criminal history records from the head of a related agency in order to verify eligibility for burial in national cemeteries or to investigate whether the honor of national cemeteries would be degraded pursuant to Article 5 (4) 2, 3, or 5. <Amended by Act No. 11027, Aug. 4, 2011>
(3) Upon receipt of a request under paragraph (1) or (2), the head of a related agency shall not refuse to accept such request without good cause.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
 Article 23 (Delegation of Authority)
The Minister of Patriots and Veterans Affairs or the Minister of National Defense may delegate part of his/her authority under this Act to the head of each affiliated agency under his/her control, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9078, Mar. 28, 2008]
 Article 24 (Legal Fiction as Public Official in Application of Penalty Provisions)
Any person who is not a public official, from among the members of the Deliberative Committee and employees of an agency, shall be deemed to be public officials in applying Articles 129 through 132 of the Criminal Act.
[This Article Newly Inserted by Act No. 11818, May 22, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Persons Eligible for Burial in National Cemeteries)
Article 5 (1) 1 shall apply beginning with the first person who dies and is buried in a national cemetery after this Act enters into force: Provided, That the aforesaid subparagraph shall apply to the following cases as below:
1. The aforesaid subparagraph shall apply to decedents under Article 5 (1) 1 (b) through (d), general-class officers under Article 5 (1) 1 (e), persons killed in action under Article 5 (1) 1 (f), and persons eligible for burial under Article 5 (1) 1 (g) and (i), who died before the enforcement date of this Act;
2. The aforesaid subparagraph shall apply to persons who were in military service for at least 20 years under Article 5 (1) 1 (e) and who died on or after January 1, 1981;
3. The aforesaid subparagraph shall apply to police officers who died on duty under Article 5 (1) 1 (f) after January 1, 1982;
4. The aforesaid subparagraph shall apply to fire-fighting officers who died on duty under Article 5 (1) 1 (h) after September 1, 1994;
5. The aforesaid subparagraph shall apply to persons killed or wounded for a righteous cause under Article 5 (1) 1 (j) who died after August 4, 1970.
[This Article Wholly Amended by Act No. 9078, Mar. 28, 2008]
Article 3 (Applicability to Restriction on Burying Bodies and Cemetery Facility Standards)
Notwithstanding Articles 8 and 12 (1), the method of burying decedents and the area of each grave shall be governed by former statutes until the burial grounds already established in the National Cemetery in Seoul Special Metropolitan City, the National Cemetery in Daejeon Metropolitan City, the April 19th National Cemetery, the March 15th National Cemetery, the May 18th National Cemetery and the Veterans Cemetery established and operated pursuant to former statutes as at the time this Act enters into force, are fully occupied.
Article 4 (Transitional Measures concerning National Cemeteries, etc.)
(1) The National Cemetery in Seoul Special Metropolitan City, the National Cemetery in Daejeon Metropolitan City, the April 19th National Cemetery, the March 15th National Cemetery, the May 15th National Cemetery and the Veterans Cemetery established and operated pursuant to former statutes as at the time this Act enters into force, shall be deemed national cemeteries respectively under Article 3.
(2) Persons buried, graves and facilities in national cemeteries and the Veterans Cemetery, established and operated pursuant to former statutes as at the time this Act enters into force, shall be deemed persons eligible for being buried in a national cemetery, graves, and facilities respectively under Article 5.
Article 5 (Transitional Measure concerning Administrative Affairs Related to National Cemeteries)
Administrative affairs related to national cemeteries under Article 3 (1) 2, among administrative affairs under the jurisdiction of the Minister of National Defense as at the time this Act enters into force, shall be transferred to the Minister of Patriots and Veterans Affairs.
Article 6 Omitted.
ADDENDUM <Act No. 8535, Jul. 19, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 8565, Jul. 27, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8609, Aug. 3, 2007>
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. 9078, Mar. 28, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4-2, 5 (1) 1 (k) and (l), 19, and 23 shall enter into force six months after the date of its promulgation.
(2) (Applicability to Burying Wounded Fire-Fighting Officers) The provisions applicable to fire-fighting officers who suffered injuries assessed at a rating of Class 1, 2, or 3 under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, among the amended provisions of Article 5 (1) 1 (h), shall apply beginning with persons who died on or after September 1, 1994.
ADDENDA <Act No. 9079, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10741, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 11027, Aug. 4, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 11331, Feb. 17, 2012>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 5 (4) 3 shall enter into force on July 1, 2012.
ADDENDA <Act No. 11818, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Implementation Plan)
(1) Any implementation plan for a urban planning facility program (hereinafter referred to as “implementation plan for urban planning facility program”) related to a cemetery development program whose approval or authorization under the National Land Planning and Utilization Act has been obtained by the State or any person who was commissioned to implement a cemetery development program from the State (hereinafter referred to as “national cemetery development program operator”) under Article 9 (4) of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations and Article 17 of the former Support for Discharged Soldiers Act (referring to the Act amended by Act No. 7791, which entered into force on May 1, 2006) as at the time this Act enters into force shall be construed as the implementation plan prepared by the Minister of Patriots and Veterans Affairs under this Act.
(2) Where an implementation plan for urban planning facility program is construed as the implementation plan under this Act pursuant to paragraph (1), the matters construed as being authorized or permitted under Article 92 of the National Land Planning and Utilization Act at the time of the authorization of the implementation plan for urban planning facility program, among those deemed authorization or permission, etc. under the amended provisions of Article 11-4 (1) shall be deemed authorized or permitted under the amended provision of Article 11-4, and the authorization and permission (including cases construed as being authorized or permitted, etc. under Article 92 of the National Land Planning and Utilization Act) ), etc. obtained by a national cemetery program development operator concerning a cemetery development program, except those construed as being authorized or permitted, etc. under the amended provisions of Article 11-4 (1), shall be deemed authorization and permission, etc. obtained by the Minister of Patriots and Veterans Affairs concerning a national cemetery development program under this Act.
Article 3 (Transitional Measures concerning National Cemetery Facility Program)
(1) Any cemetery development or extension program being implemented by a national cemetery development program operator as at the time this Act enters into force shall be construed as a national cemetery facility program under this Act.
(2) Where the cemetery development business being implemented after having been commissioned by the State under paragraph (1) is construed as the national cemetery facility program under this Act, any person who was commissioned to implement the cemetery development program shall be deemed to act as an agency of the national cemetery facility program under the amended provision of Article 11-10 (1), and the Minister of Patriots and Veterans Affairs shall publicly notify it under the amended provision of paragraph (2) of the same Article.
Article 4 Omitted.
ADDENDA <Act No. 11940, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided That, the amended provision of Article 5 (6) shall enter into force six months after this Act enters into force.
Article 2 (Applicability to Burial in National Cemeteries of Persons Without Nationality of the Republic of Korea)
The amended provision of Article 5 (6) shall apply beginning with the first person who dies and is buried after the same amended provision enters into force.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12667, May 21, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13289, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso omitted.)
Articles 2 through 39 Omitted.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13609, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 Omitted.
ADDENDUM <Act No. 14460, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14609, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15029, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 (3) shall enter into force three months after the date of its promulgation and the amended provisions of Article 3 (1) 7 and Article 5 (1) 5 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning National Cemetery, etc.)
Persons buried in, and graves, facilities and others in Sinam Memorial Park established and operated in accordance with municipal ordinance of Daegu Metropolitan City as at the time the amended provisions of Article 5 (1) 5 enter into force shall be deemed persons, graves and facilities eligible for burial recognized by the same amended provisions.