CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for fundamental matters pertaining to veterans affairs in order to honor the sublime spirit of persons who have dedicated their lives or contributed to the country, and to serve veterans and the bereaved families or the dependents for the dignified lives and the promotion of well-beings, thereby contributing to enhancing citizens' patriotism. <Amended on Feb. 17, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
| Article 2 (Fundamental Concepts) |
The Republic of Korea, today, has been built with the sublime spirit of persons who sacrificed for and contributed to the country. We and our posterity shall remember and honor their spirit, and the basic ideology of veterans affairs lies in making such remembrance, etc. our spiritual foundation, thus contributing to the national integration and national development.
[This Article Wholly Amended on Aug. 4, 2011]
The terms used in this nuclear energy shall be defined as follows:
| 1. | The term "persons who sacrificed or contributed" means those who specially made sacrifices or contributions for any of the following purposes and meet the eligibility requirements prescribed by the relevant statutes pertaining to veterans affairs: |
| (a) | National independence from the Japanese ruling; |
| (b) | National defense or security; |
| (c) | Development of liberal democracy of the Republic of Korea; |
| (d) | Execution of official duties including protection of the life or property of citizens; |
| 2. | The term "persons entitled to veterans benefits" means those who have made a sacrifice or contribution and their bereaved families and dependents, who shall be granted honorable treatment and support under the Acts and subordinate statutes pertaining to veterans affairs; |
| 3. | The term "Acts and subordinate statutes pertaining to veterans affairs" means any Act and subordinate statute pertaining to the honorable treatment of and support to persons entitled to veterans benefits. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 4 (Relationship with other Acts) |
Where any other Act pertaining to veterans affairs is enacted or amended, such enactment or amendment shall be made in compliance with the purposes and basic ideology of this Act.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 5 (Responsibilities of State and Local Governments) |
| (1) | The State and local governments shall endeavor to honor the meritorious deeds and patriotism of persons who have made a sacrifice or contribution as well as to lay the foundation for honorable treatment of persons entitled to veterans benefits. |
| (2) | The State and local governments shall establish and implement policies necessary for realizing the basic ideology as provided in Article 2. |
| (3) | When establishing or implementing policies pertaining to the welfare of citizens or residents, or when enacting or amending any Act and subordinate statute, the State and local governments shall take such active measures as giving preferential consideration to persons entitled to veterans benefits. |
| (4) | The State and local governments shall endeavor to secure financial resources needed for State veteran affairs operations. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 6 (Responsibilities of Citizens) |
All citizens shall actively cooperate in policies of the State and local governments devised to respect and honor the meritorious deeds and patriotism of persons who have made a sacrifice or contribution.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 7 (Obligation to Maintain Dignity of Persons Entitled to Veterans Benefits) |
Persons entitled to veterans benefits shall maintain dignity in order to attain citizens' respect, in consideration of the fact that the meritorious deeds and patriotism of persons who have made a sacrifice or contribution would serve as an example to the people.
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER II BASIC PLANS FOR DEVELOPMENT OF VETERANS AFFAIRS AND IMPLEMENTATION PROCESS
SECTION 1 Establishment and Implementation of Basic Plans for Development of Veterans Affairs
| Article 8 (Establishment of Basic Plans for Development of Veterans Affairs) |
| (1) | The Minister of Patriots and Veterans Affairs shall establish a basic plan for the development of veterans affairs (hereinafter referred to as "basic plan") every five years, following consultations with the heads of related central administrative agencies and deliberation by the National Veterans Affairs Commission under Article 11. |
| (2) | A basic plan shall include the following: <Amended on Dec. 20, 2016> |
| 1. | Primary objectives and directions of development of veterans affairs; |
| 2. | Detailed tasks for each of the following items and methods thereof: |
| (a) | Matters pertaining to the promotion of the meritorious deeds and patriotism of persons who have made a sacrifice or contribution and enhancement of people's patriotism; |
| (b) | Matters concerning compensation, such as veterans' benefits, educational support, employment support, and medical support, to persons entitled to veterans benefits; |
| (c) | Matters pertaining to the honorable treatment of persons entitled to veterans benefits in the society; |
| 3. | Matters pertaining to the raising and management of financial resources in connection with veterans affairs; |
| 4. | Matters pertaining to international exchange and cooperation in connection with veterans affairs; |
| 5. | Other matters recognized as necessary for veterans affairs. |
| (3) | Where the Minister of Patriots and Veterans Affairs makes amendments to a basic plan, he or she shall undergo consultation with the heads of related central administrative agencies under paragraph (1) and deliberation by the National Veterans Affairs Commission under Article 11: Provided, That this shall not apply to any amendment of an Act and subordinate statute or minor changes, such as revisions to business plans of the related central administrative agencies. |
| (4) | Where a basic plan is established or amended pursuant to paragraph (1) or (3), the Minister of Patriots and Veterans Affairs shall immediately notify the heads of related central administrative agencies of such fact. |
| (4) | Detailed matters necessary for the establishment and alteration of the basic plan pursuant to the provisions of paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 9 (Establishment and Implementation of Action Plans) |
| (1) | The Minister of Patriots and Veterans Affairs and the heads of related central administrative agencies shall establish and implement annual action plans (hereinafter referred to as "action plans") in compliance with a basic plan. |
| (2) | The Minister of Patriots and Veterans Affairs and the heads of related central administrative agencies shall revise action plans and take necessary measures, if such revision of the action plans is necessary due to revisions of a basic plan pursuant to Article 8 (3). |
| (3) | The heads of local governments related to any action plan shall take necessary measures to make such action plan be implemented effectively. |
| (4) | The heads of central administrative agencies and the heads of local governments shall immediately notify the Minister of Patriots and Veterans Affairs of any action plan established or revised pursuant to paragraphs (1) through (3) as well as the results of the measures taken accordingly. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 10 (Partial Subsidization of Expenses) |
The State may partially subsidize the expenses to be incurred by local governments in implementing a basic plan within budgetary limits.
[This Article Wholly Amended on Aug. 4, 2011]
SECTION 2 National Veterans Affairs Commission
| Article 11 (National Veterans Affairs Commission) |
In order to deliberate on important policies pertaining to veterans affairs, the National Veterans Affairs Commission (hereinafter referred to as the "Commission") shall be established under the jurisdiction of the Prime Minister. <Amended on Aug. 13, 2013>
[This Article Wholly Amended on Aug. 4, 2011]
| Article 12 (Functions of Committee) |
The Committee shall deliberate on the following matters: <Amended on Aug. 13, 2013>
| 1. | Matters pertaining to direction-setting for policies on veterans affairs; |
| 2. | Matters pertaining to the establishment and amendments of a basic plan; |
| 3. | Important matters pertaining to the creation and promotion of a culture honoring patriots and veterans and to the instillation of patriotism; |
| 4. | Matters pertaining to the scope and standards of veterans affairs, including new entitlement of persons to veterans benefits; |
| 5. | Important matters pertaining to veterans affairs, including determination of the compensation standard for persons entitled to veterans benefits; |
| 6. | Matters pertaining to the coordination of important policies related to veterans affairs; |
| 7. | Matters pertaining to policies to support discharged servicemen; |
| 8. | Other matters acknowledged by the chairperson as requiring deliberation by the Commission in connection with veterans affairs. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 13 (Composition of Committee) |
| (1) | The Commission shall be comprised of not more than 35 members, including one chairperson and one vice-chairperson. |
| (2) | The Prime Minister shall be the chairperson, and the vice-chairperson shall be designated by the chairperson from among members falling under subparagraph 2, and any of the following persons shall serve as a member: <Amended on Feb. 17, 2012; Aug. 13, 2013> |
| 1. | The heads of the relevant central administrative agencies prescribed by Presidential Decree; |
| 2. | Any person commissioned by the chairperson from among those who have extensive knowledge and experiences in veterans affairs, social welfare, national defense, history, education, etc. |
| (3) | The terms of office of the members under paragraph (2) 2 shall be two years. |
| (4) | A sub-committee may be established under the Commission in order to render efficient support to the Commission. |
| (5) | The Commission shall have one secretary. In such cases, the secretary shall be designated by the chairperson from among public officials belonging to senior executive services in the Minister of Patriots and Veterans Affairs. <Newly Inserted on Aug. 13, 2013> |
| (6) | Matters necessary for the organization and operation of the Commission and sub-committees shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 14 (Chairperson's Duties) |
| (1) | The chairpersons shall represent the Committee and exercise general supervision over its affairs. |
| (2) | Where the chairperson is unable to perform his or her duties due to unavoidable reasons, such as an accident, the vice-chairperson shall take over the duties, and where both the chairperson and the vice-chairperson are unable to perform their duties due to unavoidable reasons, such as an accident, a member of the Commission who has been designated by the chairperson in advance shall take over the duties. |
| (3) | The chairperson shall record and keep minutes of a meeting, including the date, place, agenda items, resolutions, etc. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 15 (Establishment, Operation of Survey and Research Institutes) |
| (1) | The State may conduct surveys and research on veterans affairs. |
| (2) | In order to conduct a survey or research under paragraph (1), the State may establish a survey or research institute, or commission institutes, universities, or other relevant specialized institutions, as deemed necessary, to conduct a survey or research. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 16 (Research for Establishment of Policies on Veterans Affairs) |
The Minister of Patriots and Veterans Affairs shall conduct surveys on the actual conditions of livelihood and welfare of the persons entitled to veterans benefits, citizens' awareness of veterans affairs, etc. every three years as prescribed by Presidential Decree in order to use the results thereof in establishing policies on veterans affairs. <Amended on Feb. 17, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
| Article 17 (Cooperation from the Heads of Relevant Institutions) |
| (1) | If deemed necessary for establishing and implementing basic plans and action plans, the Minister of Patriots and Veterans Affairs and the heads of related central administrative agencies may request the heads of related administrative agencies, local governments, public institutions and other corporations or organizations (hereinafter referred to as the "heads of the relevant institutions") to provide cooperation, such as submission of documents. |
| (2) | If deemed necessary for deliberating on matters under Article 12, the Commission may request the heads of the relevant institutions to provide cooperation, such as submission of documents. |
| (3) | If deemed necessary for conducting surveys under Article 16, the Minister of Patriots and Veterans Affairs may request the heads of the relevant institutions to provide cooperation, such as submission of documents. |
| (4) | Where the heads of the relevant institutions receive a request for cooperation under paragraphs (1) through (3), they shall comply therewith unless extenuating circumstances exist. |
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER III HONORABLE TREATMENT AND SUPPORT
| Article 18 (Principles of Honorable Treatment and Support) |
The State and local governments shall provide honorable treatment and support to persons entitled to veterans benefits commensurate with their sacrifices and contributions.
| Article 19 (Provision of Honorable Treatment and Support) |
| (1) | The State shall pay compensation, etc. to persons entitled to veterans benefits as provided by relevant Acts and subordinate statutes. In such cases, the payment level shall be determined in consideration of the amount of spending among the households nationwide, etc. |
| (2) | The State and local governments shall seek necessary measures for honorable treatment and support to persons entitled to veterans benefits, such as stabilization of livelihood and improved welfare. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 20 (Entitlement to Honorable Treatment and Support) |
| (1) | Persons entitled to veterans benefits have a right to receive honorable treatment and support pursuant to the Acts and subordinate statutes pertaining to veterans affairs. |
| (2) | Any person who intends to receive honorable treatment and support pursuant to paragraph (1) (hereafter referred to as “applicant” in this Article) shall register with or apply to the Minister of Patriots and Veterans Affairs, as provided in the Acts and subordinate statutes pertaining to veterans affairs. <Amended on May 22, 2013> |
| (3) | Notwithstanding paragraph (2), if an applicant falls under any of the following, a public official of the Ministry of Patriots and Veterans Affairs may register with or apply to the Minister of Patriots and Veterans Affairs after obtaining consent of the applicant pursuant to the Acts and subordinate statutes pertaining to veterans affairs. In such cases, obtaining consent of the applicant shall be deemed the registration or application of the applicant: <Newly Inserted on May 22, 2013> |
| 1. | Cases of persons who have made a sacrifice or contribution, discovered pursuant to Article 23 (1) 3-2; |
| 2. | Where a person eligible for application has been wounded or killed in action or in the line of duty corresponding thereto; |
| 3. | Other cases where it is difficult to register or apply directly due to the grounds referred to in the Acts and subordinate statutes pertaining to veterans affairs. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 21 (Protection of Right) |
The right of persons entitled to veterans benefits to receive honorable treatment and support may not be transferred or provided as security to other persons except in cases prescribed by the Acts and subordinate statutes pertaining to patriots and veterans affairs, and no person may seize the aforementioned right.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 21-2 (Issuance of Registration Certificates to Persons Entitled to Veterans Benefits) |
The Minister of Patriots and Veterans Affairs shall issue to a person entitled to veterans benefits a registration certificate showing that such person is registered with the State as a person entitled to veterans benefits.
[This Article Newly Inserted on May 29, 2016]
CHAPTER IV CREATION AND PROMOTION OF CULTURE HONORING PATRIOTS AND VETERANS
| Article 22 (Endeavor to Create and Promote Culture Honoring Patriots and Veterans) |
The State and local governments shall actively endeavor to create and promote a culture that commemorates and honors the meritorious deeds and patriotism of persons who have made a sacrifice or contribution.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 23 (Promotion of Projects Honoring Meritorious Deeds) |
| (1) | The State and local governments shall carry out the following projects in order to honor the meritorious deeds and patriotism of persons who have made a sacrifice or contribution: <Amended on May 22, 2013> |
| 1. | Commemorative projects and memorial projects; |
| 2. | Establishment and management of facilities to honor the meritorious deeds and patriotism of persons who have made a sacrifice or contribution (hereinafter referred to as "facilities for promotion of meritorious deeds"); |
| 3. | Education to enhance citizens' patriotism; |
| 3-2. | Discovery of persons who have made a sacrifice or contribution; |
| 4. | Consolation and encouragement of persons entitled to veterans benefits; |
| 5. | Other projects commemorating the meritorious deeds and patriotism of persons who have made a sacrifice or contribution. |
| (2) | The State and local governments may carry out projects under paragraph (1) in collaboration with public institutions, private organizations, etc. or commission public institutions, etc. to conduct such projects. In such cases, the public institutions, private organizations, etc. may be provided with financial or administrative support. |
| (3) | The Minister of Patriots and Veterans Affairs may request the heads of the relevant institutions to provide education pursuant to paragraph (1) 3. In such cases, the heads of the relevant institutions, upon receiving such requests, shall render active cooperation. |
| (4) | The Minister of Patriots and Veterans Affairs may request the heads of the relevant institutions to submit necessary documents for discovery of persons who have made a sacrifice or contribution pursuant to paragraph (1) 3-2. In such cases, the heads of the relevant institutions, upon receiving such requests, shall comply therewith, unless extenuating circumstances exist. <Newly Inserted on May 22, 2013> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 24 (Pledge of Allegiance and Honorable Treatment by Protocol) |
When there is an important ceremony for national holidays or anniversaries, the State, local governments and schools of all levels shall conduct the pledge of allegiance, including silent tributes to patriotic martyrs and deceased patriots, and honorably treat persons entitled to veterans benefits who are invited to such ceremonies in terms of protocol by such means as preferential seating arrangement.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 25 (Designation of Anniversaries and Memorial Days) |
| (1) | The State and local governments may designate anniversaries or memorial days based on specific regions, time, incidents, etc. related to persons who have made a sacrifice or contribution, and hold various events commemorating such persons who have made a sacrifice or contribution. |
| (2) | The State shall designate June of each year as the Memorial Month in order to honor the meritorious deeds and patriotism of persons who have made a sacrifice or contribution and to create and promote a culture honoring patriots and veterans. |
| (3) | If deemed necessary to commemorate the meritorious deeds and patriotism of persons who have made a sacrifice or contribution, the State and local government may name any airport, harbor, road, street, square, park, train station, subway station, etc. after the names, etc. of persons who have made a sacrifice or contribution. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 26 (Establishment and Management of Facilities for Promotion of Meritorious Deeds) |
| (1) | The State and local governments may designate and preserve any building, sculpture, historic site, certain area, etc. pertaining to persons who have made a sacrifice or contribution as facilities for promotion of meritorious deeds in order to commemorate the meritorious deeds and patriotism of such persons who have made a sacrifice or contribution pursuant to relevant Acts and subordinate statutes. |
| (2) | The State and local governments shall endeavor to build memorial centers, exhibition centers or sculptures to commemorate the meritorious deeds and patriotism of persons who have made a sacrifice or contribution, and may recommend installation of symbolic artworks, including bust sculptures of such persons who have made a sacrifice or contribution at major buildings, etc., such as public institutions. |
| (3) | When the State or local governments designate and preserve facilities for promotion of meritorious deeds pursuant to paragraph (1) or build memorial centers, exhibition centers or sculptures pursuant to paragraph (2), they may name them after the names, etc. of persons who have made a sacrifice or contribution. |
| (4) | Where a private organization, etc. builds or installs a memorial center, exhibition center, sculpture, or symbol, etc. pursuant to paragraph (2), the Minister of Patriots and Veterans Affairs may partially subsidize expenses to be incurred in building or installing such memorial center, etc. as provided by the Acts and subordinate statutes pertaining to veterans affairs. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 27 (Burial at National Cemeteries, etc.) |
Where any person who has made a sacrifice or contribution is deceased, the State and local governments may bury him or her at a national cemetery, etc., as provided by the relevant Acts and subordinate statutes.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 28 (Enhancement of International Exchanges and Cooperation) |
The State shall endeavor and take necessary measures to pursue and enhance international exchanges and cooperation, including exchange of information pertaining to veterans affairs, the establishment of an institution for joint survey and research as well as joint survey and research, the joint hosting of events, etc. with foreign governments, organizations, etc.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 29 (Support for Surveys and Research) |
Where a public institution, research institute, corporation, organization, etc. carries out academic surveys and research pertaining to the honoring of the meritorious deeds and patriotism of persons who have made a sacrifice or contribution, the State and local governments may provide necessary support pursuant to the relevant Acts and subordinate statutes.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 30 (Encouragement of Participation by Private Sector) |
The State and local governments shall endeavor to create conditions for encouraging participation of the private sector in connection with the honoring of the meritorious deeds and patriotism of persons who have made a sacrifice or contribution, and the creation and promotion of a culture that honors patriots and veterans.
[This Article Wholly Amended on Aug. 4, 2011]
ADDENDA <Act No. 7572, May 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Registration) Any person who has registered with or applied for support pursuant to the Acts and subordinate statutes pertaining to veterans affairs as at the time this Act enters into force shall be regarded as having registered or applied for support pursuant to Article 20 (2). |
ADDENDA <Act No. 9395, Jan. 30, 2009>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11026, Aug. 4, 2011>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 11329, Feb. 17, 2012>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11816, May 22, 2013>
This Act shall enter into force on 7/1/2013.
ADDENDA <Act No. 12104, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning the National Veterans Affairs Commission and Members thereof)
| (1) | The National Veterans Affairs Commission established under the jurisdiction of the Minister of Patriots and Veterans Affairs at the time this Act enters into force pursuant to the former provision shall be deemed the National Veterans Affairs Commission established under the jurisdiction of the Prime Minister pursuant to the amended provision of Article 11. |
| (2) | Any person commissioned as a member of the National Veterans Affairs Commission at the time this Act enters into force pursuant to the former provision shall be deemed that he or she was commissioned as a member of the National Veterans Affairs Commission pursuant to the amended provision of Article 13, and his or her term of office shall be counted from the date of designation pursuant to the former provision. |
ADDENDA <Act No. 14253, May 29, 2016>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 14459, Dec. 20, 2016>
This Article shall enter into force six months after the date of its promulgation.