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ENFORCEMENT DECREE OF THE ACT ON ASSISTANCE TO PATIENTS SUFFERING FROM ACTUAL OR POTENTIAL AFTEREFFECTS OF DEFOLIANTS, ETC. AND ESTABLISHMENT OF RELATED ORGANIZATIONS

Wholly Amended by Presidential Decree No. 15603, Dec. 31, 1997

Amended by Presidential Decree No. 16205, Mar. 26, 1999

Presidential Decree No. 16721, Feb. 23, 2000

Presidential Decree No. 16875, jun. 27, 2000

Presidential Decree No. 17106, Jan. 8, 2001

Presidential Decree No. 17480, Dec. 31, 2001

Presidential Decree No. 17568, Mar. 30, 2002

Presidential Decree No. 17856, Dec. 30, 2002

Presidential Decree No. 18225, Jan. 17, 2004

Presidential Decree No. 18685, Jan. 17, 2005

Presidential Decree No. 18983, Jul. 27, 2005

Presidential Decree No. 19198, Dec. 28, 2005

Presidential Decree No. 19274, Jan. 13, 2006

Presidential Decree No. 19389, Mar. 10, 2006

Presidential Decree No. 19578, jun. 29, 2006

Presidential Decree No. 19841, Jan. 19, 2007

Presidential Decree No. 19950, Mar. 22, 2007

Presidential Decree No. 20515, Dec. 31, 2007

Presidential Decree No. 20564, Jan. 22, 2008

Presidential Decree No. 20727, Feb. 29, 2008

Presidential Decree No. 21281, Jan. 28, 2009

Presidential Decree No. 21421, Apr. 6, 2009

Presidential Decree No. 21467, Apr. 30, 2009

Presidential Decree No. 21867, Dec. 7, 2009

Presidential Decree No. 21992, Jan. 15, 2010

Presidential Decree No. 22608, Dec. 31, 2010

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23517, Jan. 13, 2012

Presidential Decree No. 23734, Apr. 17, 2012

Presidential Decree No. 23885, jun. 27, 2012

Presidential Decree No. 24129, Sep. 28, 2012

Presidential Decree No. 24247, Dec. 21, 2012

Presidential Decree No. 24312, Jan. 14, 2013

Presidential Decree No. 24890, Dec. 4, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25098, Jan. 14, 2014

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25778, Nov. 24, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26053, Jan. 12, 2015

Presidential Decree No. 27253, jun. 21, 2016

Presidential Decree No. 27617, Nov. 29, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27756, Dec. 30, 2016

Presidential Decree No. 28569, Dec. 29, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and Establishment of Related Organizations and other necessary mattes concerning the implementation thereof. <Amended by Presidential Decree No. 23734, Apr. 17, 2012; Presidential Decree No. 24247, Dec. 21, 2012.>
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 2 (Application for Registration)
Any person who intends to be registered as a patient suffering from actual aftereffects of defoliants; a patient suffering from potential aftereffects of defoliants; or a second-generation patient suffering from actual aftereffects of defoliants pursuant to Article 4 (1) of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and Establishment of Related Organizations (hereinafter referred to as the "Act") or a person who intends to be registered as a bereaved family member of the deceased patients suffering from actual aftereffects of defoliants, etc. under Article 8 (1) of the Act (hereinafter referred to as "bereaved family member of a deceased patient suffering from actual aftereffects of defoliants, etc.") pursuant to paragraph (2) of the same Article, shall file a written application for registration with the Minister of Patriots and Veterans Affairs, accompanied by the document prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 23734, Apr. 17, 2012; Presidential Decree No. 24247, Dec. 21, 2012; Presidential Decree No. 27253, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 3 (Request for Verification, etc.)
(1) Upon receipt of an application pursuant to Article 2, the Minister of Patriots and Veterans Affairs shall submit a request to verify whether any of the following persons (hereinafter referred to as "person subject to verification as a Vietnam War veteran, etc.") has served in armed forces during the Vietnam War or in the area adjoining the Southern Limit Line in the form prescribed by Ordinance of the Prime Minister, to the Minister of National Defense: <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
1. A person who files an application for registration as a patient suffering from actual aftereffects of defoliants;
2. A person who files an application for registration as a patient suffering from potential aftereffects of defoliants;
3. A deceased patient suffering from actual aftereffects of defoliants, etc. if a person files an application for registration as a bereaved family member of the deceased patient suffering from actual aftereffects of defoliants, etc.
(2) Upon receipt of a request for verification pursuant to paragraph (1), the Minister of National Defense shall provide a verification notice to the Minister of Patriots and Veterans Affairs, immediately after verifying whether a person is a Vietnam War veteran, etc. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(3) Deleted. <by Presidential Decree No. 27253, Jun. 21, 2016>
(4) Where a person subject to verification as a Vietnam War veteran, etc. either fails to file an objection within 30 days after he/she is notified that he/she does not fall under any of the following cases pursuant to the latter part of Article 4 (5) of the Act, or is confirmed that he/she does not fall thereunder despite his/her objection, an application for registration filed under Article 2 shall be deemed to have been rejected: <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
1. A Vietnam War veteran defined in subparagraph 2 (a) of Article 2 of the Act;
2. A veteran who served in an area adjoining the Southern Limit Line defined in subparagraph 2 (b) of Article 2 of the Act.
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 4 (Medical Examinations)
In any of the following cases, the head of a veterans hospital specified in Article 7 of the Korea Veterans Health Service Act (hereinafter referred to as "head of a veterans hospital") shall inform a person subject to a medical examination of the date and time and place of a medical examination:
1. Where the head of a veterans hospital receives a request for medical examination pursuant to Article 4 (4) of the Act;
2. Where the head of a medical institution discovers a patient suffering from actual aftereffects of defoliants, a patient suffering from potential aftereffects of defoliants, or a second-generation patient suffering from actual aftereffects of defoliants in the course of medical treatment; and sends the relevant medical treatment records, etc. of such patient pursuant to Article 7 (3) of the Act;
3. Where any person is diagnosed as a patient suffering from actual potential aftereffects of defoliants, a patient suffering from potential aftereffects of defoliants, or a second-generation patient suffering from actual aftereffects of defoliants in the course of medical treatment pursuant to Article 7 (4) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 5 Deleted. <by Presidential Decree No. 27253, Jun. 21, 2016>
 Article 6 (Medical Reexaminations)
(1) Where a person in receipt of a notice of determination pursuant to Article 4 (7) of the Act or Article 8 (2) of this Decree, has an objection to such determination, he/she may file an application for medical reexamination with the Minister of Patriots and Veterans Affairs within sixty days from the date of receipt of such notice, clearly indicating the ground for the objection. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(2) The Minister of Patriots and Veterans Affairs in receipt of an application under paragraph (1), shall request medical reexaminations from the head of a veteran hospital. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
[This Article Newly Inserted by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 6-2 (Compensation, etc. to Patients Suffering from Actual Aftereffects of Defoliants)
(1) Any person entitled to compensation pursuant to Article 6 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
1. A person (hereinafter referred to as "person entitled to compensation") who was initially assigned any disability rating on the ground of having potential aftereffects of defoliants in the course of a medical examination under Article 6-2 of the Act, becoming actual aftereffects of defoliants thereafter (hereinafter referred to as "disease giving rise to a claim for compensation"); and who is assigned a veterans disability rating under Article 6-4 (1) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter referred to as “veterans disability ratings”) in the course of a physical examination under Article 6-3 (2) 1 or 2 of the same Act;
2. A bereaved family member of the person suffering from a disease giving rise to a claim for compensation, becoming actual aftereffects of defoliants after his/her death. In such cases, Article 13 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State shall apply mutatis mutandis to the priority order among the bereaved family members entitled to compensation.
(2) The amount of compensation referred to in Article 6 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
1. A person entitled to compensation under paragraph (1) 1: The amount calculated by deducting the sum of the amount of compensation already received pursuant to the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and the amount of allowances already received pursuant to Article 7-3 of the Act from the amount of compensation to be received pursuant to Article 12 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, for the period from the month including the date an application for registration is filed pursuant to Article 4 of the Act on the ground of suffering from the disease giving rise to a claim for compensation (referring to where a person entitled to compensation is initially assigned a disability rating in the course of a physical examination under Article 6-2 of the Act; hereinafter the same shall apply) to the month including the date a person entitled to compensation is assigned a veterans disability rating on the ground that the disease giving rise to a claim for compensation becomes actual aftereffects of defoliants;
2. A bereaved family member of the person entitled to compensation under paragraph (1) 2: The amount calculated as follows:
(a) The amount calculated by deducting the sum of the amount of compensation already received pursuant to the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and the amount of allowances already received pursuant to Article 7-3 of the Act, from the amount of compensation to be received pursuant to Article 12 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State according to the degree of impairment based on the veterans disability rating, for the period from the month including the date an application for registration is filed on the ground of suffering from the disease giving rise to a claim for compensation pursuant to Article 4 to the month including the date of death of the person entitled to compensation;
(b) The amount of compensation to be received by the bereaved family members of a military personnel or police officer wounded in action or on duty pursuant to Article 12 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, for the period from the month immediately after the month including the date of death of a person entitled to compensation to the month immediately before the month including the date the bereaved family members of a person entitled to compensation has an entitlement to compensation pursuant to Article 9 of said Act.
(3) A person who intends to receive compensation pursuant to paragraphs (1) and (2), shall submit an application (including in electronic form) to the Minister of Patriots and Veterans Affairs, accompanied by necessary documents (including in electronic form), as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 7 (Physical Examination)
Articles 13 through 19 and 19-2 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (excluding Articles 14, 17 (5) and (6), 19 and 19-2 of said Decree in cases of patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants) shall apply mutatis mutandis to patients suffering from actual aftereffects of defoliants, patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants under Article 6-2 of the Act. In such cases, any person whose disability or veterans disability can be rated based upon the result of a physical examination or who deceases after receiving a physical examination, may be assigned a veterans disability rating or disability rating by reviewing relevant documents. <Amended by Presidential Decree No. 24129, Sep. 28, 2012; Presidential Decree No. 27253, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 7-2 (Procedures for Disability Rating, etc.)
(1) Disabilities of patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants under Article 6 (2) of the Act shall be rated by the Minister of Patriots and Veterans Affairs after medical doctors, such as medical specialists in the relevant fields, commissioned by the heads of veteran hospitals conduct physical examinations. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(2) If necessary to determine disability ratings under paragraph (1), the Minister of Patriots and Veterans Affairs may consult with medical doctors in the relevant field.
(3) Allowances may be paid to medical doctors who conduct physical examinations pursuant to paragraph (1) and medical doctors who provide consultation pursuant to paragraph (2) within budgetary limits.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), necessary matters concerning the detailed procedures for disability ratings for patents suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants, and the appointment of medical doctors who provide consultation shall be prescribed by the Minister of Patriots and Veterans Affairs.
[This Article Newly Inserted by Presidential Decree No. 24129, Sep. 28, 2012]
 Article 8 (Medical Treatment, etc. of Patients Suffering from Potential Aftereffects of Defoliants, etc.)
(1) Where it is deemed impracticable for a veteran hospital to provide medical treatment to patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants, due to the need of intensive medical treatment, the lack of medical facilities, or other reasons, the Minister of Patriots and Veterans Affairs may outsource such medical treatment to any medical institution specified in Article 3 of the Medical Service Act, pursuant to Article 7 (2) of the Act. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(2) Where the Minister of Patriots and Veterans Affairs outsources medical treatment pursuant to paragraph (1), he/she shall determine the date and time, and place of medical treatment in consultation with the head of the relevant veteran hospital or the head of the medical institution to which medical treatment is outsourced pursuant to paragraph (1), and immediately inform a person subject to medical treatment of such date and time, and place. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(3) Articles 62 (1) and 63 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, shall apply mutatis mutandis to the medical treatment of patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants under Article 7 (1) and (2) of the Act. In such cases, "military personnel or police officers wounded in action or on duty, persons wounded during the April 19 Revolution, public officials wounded on duty and special contributors wounded on duty" and "persons subject to medical treatment" shall be construed as “patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliants” respectively. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(4) Article 64-2 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, shall apply mutatis mutandis to the medicine expenses to be reimbursed by patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants.
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 8-2 (Out-Of-Pocket Expenses)
Where a patient suffering from potential aftereffects of defoliants or second-generation patient suffering from actual aftereffects of defoliants whose disability is rated lower than moderate degree pursuant to the proviso to Article 7 (7) of the Act, receives medical treatment for any disease other than the disease giving rise to the determination and registration, he/she shall pay 10 percent of the out-of-pocket expenses incurred in that medical treatment, as prescribed by Ordinance of the Prime Minister: Provided, That where such person receives emergency treatment pursuant to Article 62 (1) of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State which applies mutatis mutandis in accordance with Article 8 (3) on the ground that emergency symptoms referred to in Article 63 (3) of said Decree occur, the State shall fully pay expenses incurred in such emergency treatment, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 28569, Dec. 29, 2017>
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 8-3 (Methods, Scope, etc. of Medical Assistance, etc.)
Except as otherwise expressly provided for in Articles 8 and 9-2, necessary matters concerning medical assistance to patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliants, such as methods, scope, etc. of providing medical treatment and subsidizing medical expenses, shall be prescribed by Ordinance of the Prime Minister.
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 8-4 (Providing Prosthetic Devices)
(1) Any person who intends to be provided with a prosthetic device pursuant to Article 7-2 of the Act, shall file an application with the Minister of Patriots and Veterans Affairs.
(2) Upon receipt of an application pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs shall provide the prosthetic device after verifying whether the prosthetic device is necessary. In such cases, the types of, and standards for the provision of, prosthetic devices shall be prescribed by the Minister of Patriots and Veterans Affairs.
(3) Where a prosthetic device is worn out or broken and needs to be repaired, a person provided with such prosthetic device pursuant to paragraph (2) may request the repair thereof from the Minister of Patriots and Veterans Affairs.
[This Article Newly Inserted by Presidential Decree No. 23734, Apr. 17, 2012]
 Article 9 (Disability Ratings of Patients Suffering from Potential Aftereffects of Defoliants, Payment of Allowances, etc.)
(1) The disability ratings, and the amount of allowances to be paid to, patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants under Article 7-3 (1) of the Act, shall be as listed in attached Tables 1 and 2. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(2) “In extenuating circumstances prescribed by Presidential Decree, such as damage of information and communications networks (referring to the information and communications network referred to in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; hereinafter the same shall apply” in the proviso to Article 7-3 (3) of the Act, means any of the following cases: <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
1. Where a postal service office or bank at which an account (referring to an account of a postal service office provided for in the Postal Savings and Insurance Act (hereinafter referred to as a “postal service office”) or a bank provided for in the Banking Act (hereinafter referred to as a “bank”); hereinafter the same shall apply) is opened, cannot transfer allowances because it is impracticable to operate its business normally due to the closure or suspension of such business, damage of information and communications, or other similar reason;
2. Where the Minister of Patriots and Veterans Affairs deems that it is inevitable to pay allowances in cash.
(3) Articles 29, 30, 32-2 (excluding any cause referred to in Article 6-2 (1) 2 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State from causes for changes in personal circumstances referred to in the proviso to Articles 32-2 (2) of the Enforcement Decree of said Act), 32-3, and 33 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, shall apply mutatis mutandis to the payment of allowances under paragraphs (1) and (2). <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 9-2 (Amount Subject to Prohibition of Seizure)
“Amount prescribed by Presidential Decree” in Article 7-4 (3) of the Act means the full amount of monthly allowances paid pursuant to Article 7-3 (4).
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 9-3 (Education Assistances for Persons Entitled to Allowances)
(1) “Disability ratings prescribed by Presidential Decree” in Article 7-5 (2) of the Act, means the moderate degree of disability.
(2) A person falling under Article 7-5 (2) of the Act shall be provided with education assistance, only where he/she satisfies the standards determined and publicly notified by the Minister of Patriots and Veterans Affairs in consideration of the standard median income referred to in subparagraph 11 of Article 2 of the National Basic Living Security Act as well as statistical data from the household income and expenditure surveys (whole country) designated and publicly notified by the Commissioner of the Statistic Korea in accordance with subparagraph 2 of Article 3 of the Statistics Act.
[This Article Wholly Amended by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 9-4 (Methods of and Procedures for Applying for Education Assistance)
(1) Any person who intends to receive education assistance in accordance with Article 7-6 (1) of the Act (hereinafter referred to as “applicant for education assistance”), shall file an application for education assistance with the Minister of Patriots and Veterans Affairs, accompanied by related documents, such as a report on his/her income and property, and a written consent to the provision of his/her financial information, as prescribed by Ordinance of the Prime Minister.
(2) Except as otherwise expressly provided for in paragraph (1), necessary matters concerning the methods of and procedures for applying for education assistance, shall be prescribed by Ordinance of the Prime Minister.
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 9-5 (Scope of Financial Information, etc.)
(1) “Average deposit balance, and other materials or information prescribed by Presidential Decree” in Article 7-6 (2) 1 of the Act, means the following materials or information:
1. Demand deposits, such as an ordinary deposit, a saving deposit and a preferential savings deposit: Average balance within the last three months;
2. Savings deposits, such as a term deposit, installment savings deposit, a term saving: Balance of deposit or total amount of deposit;
3. Stocks, beneficiary certificates, investment money, investment shares, real estate trust, or annuity trust: The final market value. In such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the evaluation of the value of unlisted stocks;
4. Bonds, promissory notes, checks, debt certificates, certificates of preemptive rights or certificates of deposit: The face value;
5. Annuity savings: The amount paid periodically or the final balance.
(2) “Amount of debts, and other materials or information prescribed by Presidential Decree” in Article 7-6 (2) 2 of the Act, means the following materials or information:
1. Current loans and details of arrears;
2. Unsettled credit card balance.
(3) “Materials or information prescribed by Presidential Decree” in Article 7-6 (2) 3 of the Act, means the following materials or information:
1. Insurance policies: An amount to be refunded if the insurance contracts are cancelled, or insurance payouts paid within the last one year;
2. Annuity insurances: An amount to be refunded if the insurance contracts are cancelled, or the amount paid periodically.
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 9-6 (Inspections for Verification)
(1) Upon receipt of an application for education assistance pursuant to Article 7-6 of the Act, or where deemed necessary to verify eligibility for education assistance, the Minister of Patriots and Veterans Affairs shall inspect the income and property of an education assistance applicant and education assistance recipient (referring to persons who are receiving education assistance in accordance with Article 7-5 (2) of the Act) and persons under a duty to support the applicant or recipient (referring to the spouse, parents, children, and children's spouses who are under a duty to support the applicant or recipient; hereinafter the same shall apply), whether any person under a duty actually supports the applicant or recipient, and the capability for work; and shall notify the education assistance applicant and education assistance recipient of the outcomes of such inspection.
(2) Except as otherwise expressly provided for in paragraph (1), necessary matters concerning inspections referred to in Article 7-7 of the Act, shall be prescribed by Ordinance of the Prime Minister.
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 9-7 (Request for and Provision of Financial Information, etc.)
(1) Where the Minister of Patriots and Veterans Affairs requests the head of a finance company, etc. (referring to a finance company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, and a credit information collection agency specified in Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, etc. (referring to financial information, credit information, and insurance information specified in Article 7-6 (2) of the Act; hereinafter the same shall apply) of an education assistance applicant, education assistance recipient, and persons under a duty to support the applicant or recipient, he/she shall include the following matters in the details of the request:
1. Names and resident registration numbers of an education assistance applicant, an education assistance recipient, and persons under a duty to support the applicant or recipient;
2. Scope of financial information, etc. requested, the base date of inquiry and the period for inquiry.
(2) Where the head of a finance company, etc. in receipt of a request pursuant to paragraph (1) provides relevant financial information, etc. to the Minister of Patriots and Veterans Affairs, he/she shall provide the following matters:
1. Names and resident registration numbers of an education assistance applicant, an education assistance recipient, and persons under a duty to support the applicant or recipient;
2. Names of the finance company, etc. that provides financial information, etc.;
3. Names of the financial products to be informed, and account numbers thereof;
4. Details of financial information, etc.
(3) The Minister of Patriots and Veterans Affairs may request the head of a finance company, etc. to provide financial information, etc. through the information and communications network of an association, federation, or national federation in which the finance company, etc. has joined.
(4) The Minister of Patriots and Veterans Affairs shall request the finance company to provide financial information, etc. of an education assistance applicant, an education assistance recipient, and persons under a duty to support the applicant or recipient in accordance with Article 7-8 (2) of the Act, to the minimum extent necessary to conduct an inspection to verify whether the applicant, recipient or persons under a duty of support are entitled to education assistance.
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 9-8 (Employment Assistance)
(1) “Disability ratings prescribed by Presidential Decree” in Article 7-9 (1) 3 of the Act, means the moderate degree of disability.
(2) Articles 46-2 (2), 47 through 49, 49-2, 50 through 56, 58 through 61 and 61-2 through 61-4 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, shall apply mutatis mutandis to the details and methods of employment assistance provided under Article 7-9 of the Act. In such cases, “military personnel or police officers wounded in action or on duty, persons wounded during the 4.19 Revolution, public officials wounded on duty, and special contributors wounded on duty” shall be construed as “patients suffering from potential aftereffects of defoliants who are entitled to allowances under Article 7-9 (1) 1 of the Act."
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 10 Moved to Article 8-4 <by Presidential Decree No. 27253, Jun. 21, 2016>
 Article 10-2 (Lack of Support Capability)
"Lack of support capability prescribed by Presidential Decree" in Article 8-2 (1) of the Act, means any of the following cases: <Amended by Presidential Decree No. 21867, Dec. 7, 2009; Presidential Decree No. 24890, Dec. 4, 2013; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28617, Nov. 29, 2016>
1. Where a person under a duty of support has any mental or physical impairment listed in the category table of disabilities of the disabled persons under attached Table 2 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
2. Where a person under a duty of support falls under any of the following cases and is in mandatory military service:
(a) An active duty soldier who has enlisted in the army pursuant to Article 16 or 20 of the Military Service Act (including a noncommissioned officer appointed without his application);
(b) A person who is called up to full-time reserves service pursuant to Article 22 of the Military Service Act;
(c) A member of an auxiliary police company, and a member of an obligatory fire-fighting unit who are seconded for any public service other than that in a military unit pursuant to Article 25 of the Military Service Act;
(d) A person who is called up to a social work member under Article 2 (1) 10 of the Military Service Act;
3. Where the whereabouts of a person under a duty of support is unknown for at least one year;
4. Where the Minister of Patriots and Veterans Affairs deems that a person under a duty of support lacks support capability due to his/her schooling or livelihood difficulties.
[This Article Newly Inserted by Presidential Decree No. 21467, Apr. 30, 2009]
 Article 10-3 (Assistance in Admission to Ancient Palaces, etc.)
(1) The types and discount schedule of the facilities, available free of charge or at a discounted fee, to persons referred to in Article 8-3 of the Act, shall be as specified in attached Table 3. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(2) Where a person referred to in Article 8-3 of the Act, intends to enter into an ancient palace, a park, etc. free of charge or at a discounted fee pursuant to paragraph (1), he/she shall present a free pass card for old palaces, etc. (hereinafter referred to as “free pass card”) issued by the Minister of Patriots and Veterans Affairs pursuant paragraphs (3) and (4), to an administrator of the relevant facility. In such cases, a person referred to in paragraph (1) and registered as a veteran pursuant to the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations, may present a war veteran's card or a certificate of persons of distinguished services to the State issued under Article 6 of the Enforcement Decree of the same Act in lieu of a free pass card. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(3) Any person referred to in Article 8-3 of the Act may file an application for issuing a fee pass card with the Minister of Patriots and Veterans Affairs, and the Minister of Patriots and Veterans Affairs shall issue a fee pass card after confirming whether the person is entitled to the issuance of the fee pass card. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(4) Detailed matters concerning the application for and issuance of fee pass cards, such as methods of application, issuing agency, procedures for issuance and a card form, shall be determined by the Minister of Patriots and Veterans Affairs.
[This Article Newly Inserted by Presidential Decree No. 21467, Apr. 30, 2009]
 Article 10-4 (Subsidization for Long-Term Care Assistance)
(1) The Minister of Patriots and Veterans Affairs shall, pursuant to Article 8-4 of the Act, pay subsidize a beneficiary under Article 3 (1) of the Medical Care Assistance Act who is a patient suffering from potential aftereffects of defoliants and is assigned a disability rating, for 60 percent of the amount which he/she shall bear.
(2) Where a person referred to in paragraph (1) intends to apply for the grant of a subsidy for long-term care assistance pursuant to Article 8-4 (2) of the Act, he/she shall file an application for the grant of a subsidy for long-term care assistance with the Minister of Patriots and Veterans Affairs, accompanied by documents prescribed by Ordinance of the Prime Minister.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), necessary matters concerning subsidization for long-term care assistance shall be prescribed by Ordinance of the Prime Minister.
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 11 (Recovery of Allowances, etc.)
(1) Where any cause for recovering allowances, etc. specified in Article 25 (1) of the Act (hereinafter referred to as “allowances, etc.”) occurs, the Minister of Patriots and Veterans Affairs shall provide a notice on the return of allowances, etc. to the person who has received the allowances, etc. (excluding a person exempted from a liability to return allowances, etc. pursuant to Article 26 of the Act). In such cases, the period for return shall not exceed thirty days. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(2) The Minister of Patriots and Veterans Affairs shall provide a dunning notice to a person who fails to return the allowances, etc. within the period for return referred to in paragraph (1), by not later than seven days from the date the period for return expires, fixing an extended period for return not exceeding 15 days. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(3) A person who receives a notice on return or a dunning notice pursuant to paragraph (1) or (2), shall return allowances, etc. to a national treasury receipt agency, and the national treasury receipt agency which has received the return of allowances, etc. shall immediately provide a notice of confirming the return of allowances, etc. to the Minister of Patriots and Veterans Affairs. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 12 (Grounds for Discharge from Liability to Return Allowances, etc.)
(1) In any of the following cases, the liability to return allowances, etc. may be discharged pursuant to Article 26 of the Act:
1. Where any person who has been notified that he/she served in the Vietnam War or in an area adjoining the Southern Limit Line (hereinafter referred to as “fact of service”), is notified again that he/she has not served in Vietnam War or in an area adjoining the Southern Limit Line;
2. Where any person who has been notified as a patent suffering from potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants, is notified again of the disease name, disability rating, etc. differently from the original one.
(2) Where any ground referred to in paragraph (1) occurs, the Minister of Patriots and Veterans Affairs shall immediately investigate and verify such ground; and a discharge from the liability to return allowances, etc. shall be subject to a resolution by the Patriots and Veterans Entitlement Commission under Article 74-5 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State. <Amended by Presidential Decree No. 23885, Jun. 27, 2012; Presidential Decree No. 27253, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 13 (Employees Who Ordinarily Provide Public Service at State Agency, etc.)
“Employees prescribed by Presidential Decree who ordinarily provide public service at a State agency or local government” referred to in Article 28 (1) 4 of the Act, means persons specified in Article 2 of the Enforcement Decree of the Public Officials Pension Act.
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 14 (Statement of Opinions, etc.)
(1) Where an opportunity to state opinions is provided pursuant to the main sentence of Article 28 (6) of the Act, a written notice, including the reason for providing the opportunity, and the date and time and place of stating opinions, shall be given to the person subject to the relevant disposition or his/her agent at least seven day before the date of stating opinions. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(2) A person subject to a disposition or his/her agent may either appear and state his/her opinions at a designated date and time or submit his/her opinions in writing.
(3) Where a person subject to a disposition or his/her agent appears and states his/her opinions at a designated date and time pursuant to paragraph (2), the competent public official shall document the details of such opinions, and require the person who states such opinions to verify the documents and place his/her signature and seal on the documents.
(4) A written notice provided for in paragraph (1) shall clearly state that the failure to appear and state opinions is deemed the renouncement of the opportunity to state opinions.
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 15 (Determination and Notification of Exclusion from Application of the Act)
(1) Where the Patriots and Veterans Entitlement Commission referred to in Article 74-5 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State deliberates on and passes a resolution on whether any person excluded from the application of the Act is subject to the re-application of the Act pursuant to Article 28 (4) of the Act, it shall immediately notify the Minister of Patriots and Veterans Affairs of such resolution. <Amended by Presidential Decree No. 23885, Jun. 27, 2012; Presidential Decree No. 27253, Jun. 21, 2016>
(2) Upon receipt of the resolution pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether a person is subject to the reapplication of the Act pursuant to paragraph (1), and notify him/her of the result of such determination. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 15-2 (Issuance of Written Confirmation of Patients Suffering from Actual Aftereffects of Defoliants, etc.)
Upon receipt of an application from any person determined to be, or registered as, a patient suffering from actual aftereffects of defoliants; patient suffering from potential aftereffects of defoliants; his/her bereaved family member or family member; or second-generation patient suffering from actual aftereffects of defoliants, pursuant to Articles 4 and 7 (5), the Minister of Patriots and Veterans Affairs may issue a certificate of a patient suffering from actual aftereffects of defoliants; patient suffering from potential aftereffects of defoliants; or second-generation patient suffering from actual aftereffects of defoliants.
[This Article Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016]
 Article 16 (Delegation and Entrustment of Authority)
(1) The Minister of Patriots and Veterans Affairs shall, pursuant to Article 32 of the Act, delegate the authority concerning the following matters to the head of a Regional Office of Patriots and Veterans Affairs or the head of a District Office of Patriots and Veterans Affairs (referring to the Governor of the Jeju Special Self-Governing Province if the relevant person’s place of domicile is located in the Jeju Special Self-Governing Province) who has jurisdiction over the place of domicile of the relevant person: Provided, That where the authority is delegated to the Governor of the Jeju Special Self-Governing Province, the authority transferred to the Governor of the Jeju Special Self-Governing Province pursuant to Article 346 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, among the authority concerning the following matters, shall be excluded: <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
1. Receiving an application for registration pursuant to Article 4 (1) of the Act (including where Article 4 shall apply mutatis mutandis in Article 8 (2) of the Act; hereinafter the same shall apply);
2. Receiving a request for confirmation and a confirmative notification under Article 4 (2) and (3) of the Act;
3. Requesting a medical examination under Article 4 (4) of the Act;
4. Notifying the fact; receiving an objection; and giving a notice of the result thereof under Article 4 (5) of the Act;
5. Receiving a notice of the result of a medical examination under Article 4 (6) of the Act;
6. Determining whether an applicant is a patient suffering from actual aftereffects of defoliants, etc.; notification of such determination; receiving an application for a medical reexamination; and requesting a medical reexamination under Articles 4 (7) and 7 (5) of the Act and Article 6 of this Decree;
7. Registering a person determined to be subject to the application of the Act pursuant to Articles 4 (8) and 7 (5) of the Act;
8. Receiving a report on any change in personal circumstances under Article 4-2 of the Act; and taking the subsequent measures, giving notice and requesting the submission of materials;
9. Providing medical assistance under Article 6 (2) of the Act;
10. Receiving an application for compensation; and paying the amount of compensation pursuant to Article 6 (4) of the Act;
11. Receiving an application for a physical examination; requesting a physical examination; notifying a veterans disability rating; and performing affairs concerning physical examinations pursuant to Article 6-2 of the Act and Article 7 of this Decree;
12. Disability ratings under Article 6-2 (2) of the Act and Article 7-2 of this Decree;
13. Providing medical treatment; requesting outsourced medical treatment; giving notice to a person subject to medical treatment; and receiving a notice of emergency medical treatment, under Article 7 (1) and (2) of the Act, Article 8 of this Decree, and Article 65 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State which shall apply mutatis mutandis pursuant to Article 8 of the this Decree;
14. Receiving a notice of the result of medical treatment under Article 7 (4) of the Act;
15. Providing prosthetic devices specified in Article 7-2 of the Act;
16. Paying allowances under Article 7-3 of the Act;
17. Providing education assistance under Article 7-5 of the Act;
18. Receiving an application for education assistance under Article 7-6 of the Act;
19. Requesting the submission of materials; issuing an order for investigations and inquiries to subordinate public officials; rejecting an application for education assistance; and suspending education assistance, pursuant to Article 7-7 of the Act;
20. Requesting the provision of financial information, etc. under Article 7-8 of the Act;
21. Providing employment assistance under Article 7-9 of the Act;
22. Conducting fact-finding surveys under Article 8 (4) of the Act;
23. Receiving an application for the grant of a subsidy for long-term care assistance; and grating such subsidy, pursuant to Article 8-4 of the Act;
24. Recovering allowances, etc.; collecting arrears in the same manner as dispositions on default national taxes; and writing off allowances as deficits, pursuant to Article 25 of the Act;
25. Discharging from a liability for return; and investigating and verifying grounds for such discharge, pursuant to Article 26 of the Act and Article 12 of this Decree;
26. Suspending assistance under Article 27 of the Act;
27. Excluding from the application of the Act; re-registering a person excluded therefrom; and requiring the verification of criminal history records of such person, pursuant to Article 28 (1) through (3) and (5) of the Act;
28. Receiving notice of the result of deliberation and resolution by the Patriots and Veterans Entitlement Commission; and giving notice of the result of determination on whether the relevant person is subject to the application of the Act, pursuant to Article 15;
29. Issuing a certificate of a patient suffering from potential aftereffects of defoliants, etc. under Article 15-2;
30. Imposing and collecting administrative fines under Article 34 of the Act.
(2) Notwithstanding the main sentence of paragraph (1), the authority over the matters under paragraph (1) 12 in relation to a person whose place of domicile is located in the Jeju Special Self-Governing Province shall be delegated to the head of the Busan Regional Office of Patriots and Veterans Affairs. <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
(3) The Minister of Patriots and Veterans Affairs shall entrust the authority concerning old-age assistance to the President of the Korea Veterans Health Service established under the Korea Veterans Health Service Act pursuant to Article 8-2 of the Act. <Newly Inserted by Presidential Decree No. 21467, Apr. 30, 2009>
(4) Pursuant to Article 32 (2) of the Act, the Minister of Patriots and Veterans Affairs shall entrust postal service offices and banks with affairs concerning the payment of allowances referred to in Article 7-3 of the Act, and educational subsidies referred to in Article 26 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State which shall apply mutatis mutandis pursuant to Article 7-5 (3) of the Act. <Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016>
(5) Pursuant to Article 32 (3) of the Act, the Minister of Patriots and Veterans Affairs shall entrust the heads of veterans hospitals with affairs concerning physical examinations under Article 6-2 of the Act (excluding the affairs either delegated to the head of a Regional Office of Patriots and Veterans Affairs or the head of a District Office of Patriots and Veterans Affairs, or transferred to the Governor of the Jeju Special Self-Governing Province pursuant to paragraph (1) 11). In such cases, the Minister of Patriots and Veterans Affairs may fully or partially subsidize expenses incurred in physical examinations within budgetary limits. <Newly Inserted by Presidential Decree No. 27253, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 21421, Apr. 6, 2009]
 Article 16-2 (Processing of Sensitive Information and Personally Identifiable Information)
(1) If essential to performing the following affairs, the Minister of Patriots and Veterans Affairs (including a person delegated or entrusted with the authority of the Minister of Patriots and Veterans Affairs pursuant to Article 16) may process any data which contains health information specified in Article 23 of the Personal Information Protection Act and resident registration numbers, passport numbers or alien registration numbers specified in subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of said Act: <Amended by Presidential Decree No. 27253, Jun. 21, 2016>
1. Affairs concerning an application for registration, and determination thereof under Articles 4, 7 (5) and 8 (2) of the Act;
2. Affairs concerning reporting of any change in personal circumstances under Article 4-2 of the Act;
3. Affairs concerning compensation to and support for patients suffering from actual aftereffects of defoliants, patients suffering from potential aftereffects of defoliants, and second-generation patients suffering from actual aftereffects of defoliants, as well as their bereaved family members or family members under the Act and this Decree;
4. Deleted; <by Presidential Decree No. 26774, Dec. 30, 2015>
5. Affairs concerning the recovery of allowances, etc. and discharge from liability to return allowances, etc., under Articles 25 and 26 of the Act;
6. Affairs concerning the suspension of assistance under Article 27 of the Act;
7. Affairs concerning the exclusion from the application of the Act, under Article 28 of the Act;
8. Affairs concerning data research, etc. under Article 29 of the Act;
9. Affairs necessary to perform the affairs referred to in subparagraphs 1, 2, and 5 through 8.
(2) If essential to performing affairs concerning support for patients suffering from actual aftereffects of defoliants, patients suffering from potential aftereffects of defoliants, and second-generation patients suffering from actual aftereffects of defoliants, as well as their bereaved family members or family members, the heads of local governments (including the persons delegated or entrusted with the relevant authority) may process any data which contains resident registration numbers specified in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014>
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 16-3 (Re-Examination of Regulation)
The Minister of Patriots and Veterans Affairs shall review the validity of the following matters at least by the end of every third anniversary from January 1, 2017 (referring to the date before January 1 of every third anniversary), and shall take measures for improvement, etc. of such matters:
1. Restricting employment assistance under Article 58 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State which shall apply mutatis mutandis pursuant to Article 9-8;
2. Standards for imposing administrative fines.
[This Article Wholly Amended by Presidential Decree No. 27756, Dec. 30, 2016]
 Article 17 (Standard for Imposing Administrative Fines)
Standards for imposing administrative fines referred to in Article 34 (1) and (2) of the Act, shall be as stipulated in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 27253, Jun. 21, 2016]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1998.
(2) (Transitional Measure concerning Determination and Registration) Notwithstanding the amendment to this Decree, procedures for determination and registration of persons who intend to be subject to the Act (excluding second-generation patients suffering from actual aftereffects of defoliants previous provisions thereof shall be governed by the former provisions until June 30, 1998.
(3) Omitted.
ADDENDUM <Presidential Decree No. 16205, Mar. 26, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16721, Feb. 23, 2000>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Application for New Physical Examination, etc.) A person who has made an application for a new physical examination, physical reexamination, a physical examination for reconfirmation or a physical examination for re-categorization pursuant the former provisions at the time this Decree enters into force shall be deemed as he/she were a person who has made such an application pursuant to this Decree.
(3) Omitted.
ADDENDA <Presidential Decree No. 16875, Jun. 27, 2000>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2000.
(2) Omitted.
ADDENDUM <Presidential Decree No. 17106, Jan. 8, 2001>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17480, Dec. 31, 2001>
This Decree shall enter into force on January 1, 2002.
ADDENDUM <Presidential Decree No. 17568, Mar. 30, 2002>
This Decree shall enter into force on April 27, 2002: Provided, That the amended provisions of attached Table 1 shall enter into force on July 1, 2002.
ADDENDUM <Presidential Decree No. 17856, Dec. 30, 2002>
This Decree shall enter into force on January 1, 2003.
ADDENDA <Presidential Decree No. 18225, Jan. 17, 2004>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 of attached Table 1 and subparagraph 2 of attached Table 2 shall enter into force on July 1, 2004.
(2) (Transitional Measure Concerning Decision on Disability Grade) The former provisions of attached Table 1 shall apply to a person whose disability grade was decided pursuant to the provisions of the former attached Table 1 at the time this Decree enters into force, but whose disability grade would be lowered due to the amended provisions although his/his degree of disability has not changed.
ADDENDUM <Presidential Decree No. 18685, Jan. 17, 2005>
This Decree shall enter into force on the date of its promulgation, but shall begin to apply from January 1, 2005.
ADDENDA <Presidential Decree No. 18983, Jul. 27, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Physical Examinations) In case of a person who has applied for an physical examination pursuant to the former provisions at the time this Decree enters into force, his/her disability grade shall be decided pursuant to the amended provisions of this Decree.
(3) (Transitional Measure Concerning Decision on Disability Grade) The former provisions of attached Table 1 shall apply to a person whose disability grade was decided pursuant to the provisions of the former attached Table 1 at the time this Decree enters into force, but whose disability grade would be lowered due to the amended provisions of attached Table 1 although his/his degree of disability has not changed.
ADDENDUM <Presidential Decree No. 19198, Dec. 28, 2005>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 8 shall enter into force on July 1, 2006.
ADDENDUM <Presidential Decree No. 19274, Jan. 13, 2006>
This Decree shall enter into force on the date of its promulgation, but shall apply from January 1, 2006.
ADDENDUM <Presidential Decree No. 19389, Mar. 10, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19578, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006: Provided, That parts concerning compensation money of the amended provisions of Article 8-2 (2) shall enter into force on July 1, 2007.
Article 2 (Special Provisions concerning Calculation of Amount of Compensation)
(1) Notwithstanding Article 8-2 (1) 1 or 2 (a), the amount of compensation from July 1, 2006 to December 31, 2006 shall be calculated by deducting the amount under subparagraph 2 from the amount under subparagraph 1:
1. The sum falling under the following items on the basis of the determined ratings of injury, or the ratings of injury prescribed by the Minister of Patriots and Veterans Affairs:
(a) Grade I-1: 1,656,000 won every month;
(b) Grade I-2: 1,596,000 won every month;
(c) Grade I-3: 1,530,000 won every month;
(d) Grade II: 1,357,000 won every month;
(e) Grade III: 1,269,000 won every month;
(f) Grade IV: 1,064,000 won every month;
(g) Grade V: 881,000 won every month;
(h) Grade VI-1: 804,000 won every month;
(i) Grade VI-2: 744,000 won every month;
(j) Grade VII: 234,000 won every month;
2. The sum calculated by adding up the amount to be paid pursuant to each item of subparagraph 1 of this paragraph on the basis of the disability grades already decided according to the result of a physical examination under Article 6-3 (2) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State among the amount of compensation already paid by the same Act, and the amount of the allowances that are paid pursuant to Article 7 (7) of the Act on Assistance, etc. to Patients Suffering from Actual or Potential Aftereffects of Defoliants.
(2) Notwithstanding Article 8-2 (2) 2 (b), the amount of compensation from July 1, 2006 until December 31, 2006 shall be the amount falling under any of the following subparagraphs:
1. The spouse: 774,000 won every month;
2. A minor child: 987,000 won every month;
3. Parents: 758,000 won every month.
ADDENDUM <Presidential Decree No. 19841, Jan. 19, 2007>
This Decree shall enter into force on the date of its promulgation, but shall begin to apply from January 1, 2007.
ADDENDUM <Presidential Decree No. 19950, Mar. 22, 2007>
This Decree shall enter into force on April 4, 2007.
ADDENDA <Presidential Decree No. 20515, Dec. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Physical Examination)
In case of a person who has applied for an physical examination pursuant to the previous provisions at the time this Decree enters into force, his/her disability grade shall be decided pursuant to the amended provisions of this Decree.
ADDENDUM <Presidential Decree No. 20564, Jan. 22, 2008>
This Decree shall enter into force on the date of its promulgation, but shall begin to apply from January 1, 2008.
ADDENDA <Presidential Decree No. 20727, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21281, Jan. 28, 2009>
This Decree shall enter into force on the date of its promulgation, but shall begin to apply from January 1, 2009.
ADDENDA <Presidential Decree No. 21421, Apr. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Physical Examination)
In case of a person who has applied for an physical examination pursuant to the previous provisions at the time this Decree enters into force, his/her disability grade shall be decided pursuant to the amended provisions of this Decree.
Article 3 (Transitional Measure concerning Decision on Disability Grade)
The former provisions of attached Table 1 shall apply to a person whose disability grade was decided pursuant to the provisions of the former attached Table 1 at the time this Decree enters into force, but whose disability grade would be lowered due to the amended provisions of attached Table 1 although his/his degree of disability has not changed.
ADDENDUM <Presidential Decree No. 21467, Apr. 30, 2009>
This Decree shall enter into force on May 1, 2009.
ADDENDA <Presidential Decree No. 21867, Dec. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2009. (Proviso Omitted)
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 21992, Jan. 15, 2010>
This Decree shall enter into force on the date of its promulgation, but shall begin to apply from January 1, 2010.
ADDENDUM <Presidential Decree No. 22608, Dec. 31, 2010>
This Decree shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23517, Jan. 13, 2012>
This Decree shall enter into force on the date of its promulgation, but shall begin to apply from January 1, 2012.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Article 2 Omitted.
Article 3 (Relations with Other Statutes)
References to the former Decree of the Act on Assistance, etc. to Patients Suffering from Actual or Potential Aftereffects of Defoliants or any provisions thereof in other statutes at the time this Decree enters into force shall, if there are any provisions corresponding to the former provisions in this Decree, be deemed to refer to this Decree or such corresponding provisions in lieu of the former provisions.
ADDENDA <Presidential Decree No. 23885, Jun. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012.
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 24129, Sep. 28, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures, etc. concerning Decision Procedures for Disability Grades, etc.)
(1) In case of a person who has applied for an physical examination before July 1, 2012 pursuant to the Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State which applies mutatis mutandis in accordance with the former Article 7 (referring to the previous Decree before it was amended by Presidential Decree No. 23885, Partial Amendment to the Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State; hereinafter referred to as “the former Decree of th Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State” in this paragraph), or a person for whom the Minister of Patriots and Veterans Affairs has decided to conduct a physical examination ex officio, the decision on his/her disability grade shall, notwithstanding the amended provisions of Articles 7 and 9-2, be governed by the former Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State which applies mutatis mutandis in accordance with the former Article 7.
(2) The amended provisions of Articles 7 and 9-2 shall also apply to a person who has applied for a physical examination from July 1, 2012 to the date on which this Decree enters into force, or a person for whom the Minister of Patriots and Veterans Affairs has decided to conduct a physical examination ex officio.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relations with Other Statutes)
References to the former Decree of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. in other statutes at the time this Decree enters into force shall be deemed to refer to this Decree in lieu of the former Decree.
ADDENDA <Presidential Decree No. 24312, Jan. 14, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicable Example)
This Decree shall apply beginning with allowances that are paid on and after January 1, 2013.
ADDENDA <Presidential Decree No. 24890, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25098, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicable Example)
This Decree shall apply beginning with allowances that are paid on and after January 1, 2014.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on October 7, 2014.
ADDENDA <Presidential Decree No. 25778, Nov. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 (Applicability and Transitional Measures concerning Decision of Disability Grade)
(1) In case of a person who has applied for a physical examination pursuant to Article 7 or for whom the Minister of Patriots and Veterans Affairs has decided to conduct a physical examination ex officio, at the time this Decree enters into force, his/her disability grade shall be decided pursuant to the amended provisions of attached Table 1.
(2) The former provisions of attached Table 1 shall apply to a person whose disability grade was decided pursuant to the former provisions of attached Table 1 at the time this Decree enters into force, but whose disability grade would be lowered due to the amended provisions of attached Table 1 although his/his degree of disability has not changed.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26053, Jan. 12, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicable Example)
This Decree shall apply beginning with allowances that are paid on and after January 1, 2015.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016. (Proviso Omitted)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
ADDENDA <Presidential Decree No. 26876, Jan. 7, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Applicability)
This Decree shall apply beginning with the first allowances to be paid on or after January 1, 2016.
ADDENDUM <Presidential Decree No. 27253, Jun. 21, 2016>
This Decree shall enter into force on June 23, 2016.
ADDENDA <Presidential Decree No. 27617, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 5 Omitted
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27756, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Applicability)
This Decree shall apply beginning with the first allowances to be paid on or after January 1, 2017.
ADDENDUM <Presidential Decree No. 28569, Dec. 29, 2017>
This Decree shall enter into force on January 1, 2018.