KOREAN VETERANS ASSOCIATION ACT
Wholly Amended by Act No. 1367, Jul. 19, 1963
Amended by Act No. 2634, Oct. 10, 1973
Act No. 3343, Dec. 31, 1980
Act No. 3665, Dec. 21, 1983
Act No. 4511, Dec. 2, 1992
Act No. 4759, Mar. 24, 1994
Act No. 5292, Jan. 13, 1997
Act No. 5480, Dec. 24, 1997
Act No. 5674, Jan. 21, 1999
Act No. 6044, Dec. 28, 1999
Act No. 6290, Dec. 26, 2000
Act No. 6348, Jan. 8, 2001
Act No. 9326, Dec. 31, 2008
Act No. 11849, jun. 4, 2013
Act No. 12105, Aug. 13, 2013
Act No. 13197, Feb. 3, 2015
Act No. 14256, May 29, 2016
Act No. 14183, May 29, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to establish a Korean Veterans Association to promote friendship among veterans through mutual aid, to improve the rights and interests of members, and to contribute to national development and the public interest.
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 2 (Legal Personality and Establishment) |
| (1) | The Korean Veterans Association (hereinafter referred to as the "Veterans Association") shall be a legal entity. |
| (2) | The Veterans Association shall be established when it registers such establishment after preparing its articles of incorporation with approval of the Minister of Patriots and Veterans Affairs. |
| (3) | Except as provided in this Act, the provisions of the Civil Act concerning legal entities shall apply mutatis mutandis to the Veterans Association. |
| (4) | No Veterans Association that does not comply with this Act shall be established and no entity other than the Veterans Association under this Act shall use the title "Veterans Association" or similar. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 3 (Prohibition of Political Activities) |
| (1) | The Veterans Association shall not engage in any political activity. |
| (2) | All executive officers of the main or branch offices of the Veterans Association are disqualified from serving as the representative, an executive member or a person in charge of accounting of a political party under the Political Parties Act. |
| (3) | If an executive officer of the main or branch office of the Veterans Association violates paragraph (2), such executive officer shall be dismissed from service. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 4 (Articles of Incorporation) |
The articles of incorporation of the Veterans Association shall contain the following matters:
| 3. | Matters pertaining to business activities; |
| 4. | Matters pertaining to the rights and duties of members; |
| 5. | Matters pertaining to general meetings and the board of directors; |
| 6. | Matters pertaining to executive organs and their work responsibilities; |
| 7. | Matters pertaining to assets, membership fees and audit; |
| 8. | Matters pertaining to amendments to the articles of incorporation; |
| 9. | Matters pertaining to executive officers and employees; |
| 10. | Other matters pertaining to the operation of the Veterans Association. |
| Article 4-2 (Business Activities) |
The Veterans Association shall engage in the following business activities to attain the purpose of Article 1: | 1. | Promotion of friendship through mutual aid among members of the Veterans Association (hereinafter referred to as "member"); |
| 2. | Promotion of welfare and the rights and interests of the members; |
| 3. | Cooperation and assistance in homeland defense; |
| 4. | Maintenance and strengthening of friendly relationship with the International Veterans Association; |
| 5. | Cultivation and instilling of the spirit for defending the country; |
| 6. | Profit-making activities and other incidental activities necessary to perform the business activities under subparagraphs 1 through 5. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 4-3 (Approval, etc. for Profit-making Activities) |
| (1) | Where the Veterans Association intends to engage in any profit-making activity under subparagraph 6 of Article 4-2, it shall obtain approval of the Minister of Patriots and Veterans Affairs after deliberation and decisions on the relevant profit-making activity by the Welfare Business Deliberation Committee referred to in Article 4-4. The same shall apply in cases of any change of important matters subject to approval prescribed by Ordinance of the Prime Minister. |
| (2) | Necessary matters concerning profit-making activities under paragraph (1) subject to approval, approval standards, approval procedures, etc. shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Act No. 13197, Feb. 3, 2015]
| Article 4-4 (Establishment, etc. of Welfare Business Deliberation Committee) |
| (1) | The Veterans Association shall establish a Welfare Business Deliberation Committee (hereinafter referred to as the “Deliberation Committee”) to deliberate on matters related to the operation of profit-making activities. |
| (2) | The Deliberation Committee shall deliberate on and decide the following: |
| 1. | Matters related to the commencement, suspension, and discontinuation of profit-making activities; |
| 2. | Matters related to decisions on the scale of investment in profit-making activities, etc.; |
| 3. | Matters related to a plan for using profit or any change to such plan; |
| 4. | Matters related to the results of an audit on profit-making activities and the appropriateness of profit-making activities; |
| 5. | Other important matters concerning the operation of profit-making activities. |
| (3) | The Deliberation Committee shall be comprised of at least five, but not exceeding ten members, including one Chairperson, and the following persons shall serve as committee members: |
| 1. | Two executive officers or employees appointed by the President of the Veterans Association; |
| 2. | The following persons appointed or commissioned by the Minister of Patriots and Veterans Affairs. In such cases, no such person falling under items (b) through (d) shall be appointed or commissioned from among the public officials belonging to the Ministry of Patriots and Veterans Affairs or those belonging to the Veterans Association: |
| (a) | One public official belonging to the Ministry of Patriots and Veterans Affairs; |
| (b) | At least one attorney-at-law; |
| (c) | At least one certified public accountant; |
| (d) | Others deemed necessary by the Minister of Patriots and Veterans Affairs from among those with abundant professional knowledge and experiences in profit-making activities. |
| (4) | The Chairperson of the Deliberation Committee shall be elected from among and by Committee members. |
| (5) | When the Deliberation Committee deliberates on and decides matters under paragraph (2) 1, it shall review the profitability, growth potential, stability of profit-making activities, their impact on the market, etc. |
| (6) | The Veterans Association shall engage in its profit-making activities following deliberation and decisions by the Deliberation Committee on the matters under the subparagraphs of paragraph (2), and it shall comply with the conclusions of such deliberation and decisions by the Deliberation Committee unless there is a compelling reason not to do so: Provided, That where the Veterans Association holds different views on the conclusions of the deliberation and decisions by the Deliberation Committee, it may request for reexamination as prescribed by Ordinance of the Prime Minister. |
| (7) | Necessary matters concerning the composition of the Deliberation Committee, other than those provided in paragraphs (3) and (4), shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Act No. 13197, Feb. 3, 2015]
| Article 4-5 (Operation of the Deliberation Committee) |
| (1) | The Chairperson shall represent the Deliberation Committee and exercise overall supervision over its affairs. |
| (2) | Where the Chairperson is unable to perform his/her duties due to any unavoidable reason, a member designated by the Deliberation Committee shall act for the Chairperson. |
| (3) | A majority of the members of the Deliberation Committee shall constitute a quorum, and any decision thereof shall require the concurring votes of a majority of those present. |
| (4) | Necessary matters concerning the operation of the Deliberation Committee, other than those provided in paragraphs (1) through (3), shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Act No. 13197, Feb. 3, 2015]
| Article 4-6 (Cancelation of Approval for Profit-making Activities) |
In the case of any of the following profit-making activities approved pursuant to Article 4-3 (1), the Minister of Patriots and Veterans Affairs may cancel its approval: Provided, That when a profit-making activity falls under subparagraph 1, its approval shall be canceled: | 1. | When the approval for a profit-making activity has been obtained by fraud or other improper means; |
| 2. | When the Veterans Association fails to directly conduct a profit-making activity; |
| 3. | When the Veterans Association fails to comply with any corrective measure prescribed in Article 17; |
| 4. | When the Veterans Association refuses an examination, review, or request for submission of materials prescribed in Article 17-2 without good cause; |
| 5. | When the Veterans Association obstructs or evades an examination or review prescribed in Article 17-2 or makes a false report; |
| 6. | When the Veterans Association violates this Act or any statute determined by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Act No. 13197, Feb. 3, 2015]
Where the Minister of Patriots and Veterans Affairs intends to cancel approval for a profit-making activity under Article 4-6, he/she shall hold a hearing. [This Article Newly Inserted by Act No. 13197, Feb. 3, 2015]
| Article 5 (Qualifications for Membership) |
Any of the following persons is eligible for membership: <Amended by Act No. 11849, Jun. 4, 2013; Act No. 14183, May 29, 2016>
| 1. | A person in reserve service after having served in the army, navy or air forces; |
| 2. | A person who has completed his term of service after having been called up for replacement service or wartime workers service; |
| 3. | Officer, warrant officer, noncommissioned officer or enlisted man who is retired or exempted from service, as prescribed by the articles of incorporation. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| (1) | The Veterans Association shall have a main office, City/Do branches, Si/Gun/Gu branches and Eup/Myeon/Dong branches and may, as prescribed by the articles of incorporation, have workplace branches, joint branches or other branches for employees according to the scale of place of work and overseas branches, joint branches or other branches for overseas residents according to the size of area. |
| (2) | The Veterans Association shall have the main office in the metropolitan area, City/Do branches in the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Do and the Special Self-Governing Province, Si/Gun/Gu branches in Si/Gun/Gu (referring to autonomous Gu), and Eup/Myeon/Dong branches in Eup/Myeon/Dong. <Amended by Act No. 12105, Aug. 13, 2013> |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
CHAPTER III DELIBERATIVE ORGANS
| Article 7 (General Meeting) |
| (1) | A general meeting shall be comprised of the president, vice presidents, secretary general, directors, presidents of City/Do branches and other branches, and delegates. |
| (2) | The delegates under paragraph (1) shall be elected from among the members. |
| (3) | Necessary matters regarding the fixed number, election and terms of office of delegates under paragraph (1) shall be prescribed by the articles of incorporation. |
| (4) | A general meeting shall have the power to decide important matters prescribed by the articles of incorporation. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 8 (Convocation of General Meeting) |
| (1) | A regular general meeting shall be called by the president once a year. |
| (2) | An extraordinary general meeting shall be called by the president when deemed necessary by the president or upon the request of at least 1/3 of the delegates for convocation of such meeting. |
| (3) | Upon receipt of delegates’ request for convocation of a meeting under paragraph (2), the president shall call such meeting within 15 days from the date such request is received. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 9 (Meeting and Resolution) |
A resolution in a general meeting shall be made with the presence of a majority of the members and by the concurring votes of a majority of those present: Provided, That when it is intended to amend the articles of incorporation, the resolution shall be made with the presence of a majority of the members and by the concurring votes of at least 2/3 of those present.
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 10 (Approval of Matters to be Resolved) |
Any of the following matters shall be subject to approval of the Minister of Patriots and Veterans Affairs following a resolution thereon made by a general meeting:
| 1. | Amendment to the articles of incorporation; |
| 2. | Matters pertaining to the budget, settlement of accounts and business plan. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 11 (Board of Directors) |
| (1) | The Veterans Association shall have a board of directors. |
| (2) | The board of directors shall have the power to determine the matters prescribed by the articles of incorporation and other matters delegated by general meetings. |
| (3) | The board of directors shall be comprised of directors. |
| (4) | The president and vice presidents shall be ex officio directors. |
| (5) | A resolution of the board of directors shall require the presence of a majority of the directors and the concurring votes of a majority of those present. |
| (6) | The secretary general may attend and speak at meetings of the board of directors. |
| (7) | If deemed impracticably difficult to call a general meeting due to any natural disaster or other urgent circumstances, the president may authorize the board of directors to act on behalf of such general meeting after obtaining approval from the Minister of Patriots and Veterans Affairs. In such cases, any resolution made by the board of directors shall be subject to approval by the next general meeting. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
CHAPTER IV EXECUTIVE ORGANS
| Article 12 (Executive Officers) |
| (1) | The main office of the Veterans Association shall have the president, vice presidents, secretary general, directors and auditor as executive officers. |
| (2) | The president, vice presidents, directors and auditor shall be elected at a general meeting, and the secretary general shall be appointed by the president: Provided, That when there are any unavoidable reason that make it impossible to call a general meeting, in cases of a vacancy in the office of any director or auditor, other than the president and vice presidents, such vacancy may be filled by the board of directors. In such cases, the director or auditor elected by the board of directors shall hold office until the day before the next general meeting is held. |
| (3) | The president shall represent and exercise overall control over affairs of the Veterans Association, and preside over a general meeting and the board of directors. |
| (4) | The vice presidents shall assist the president and act on behalf of the president in the order designated in advance by the president if the president is not able to perform his/her duties for any unavoidable reason. |
| (5) | The secretary general shall deal with general affairs of the Veterans Association under the president’s orders and direct and supervise its staff members. |
| (6) | The auditor shall examine the accounts and other related affairs of the Veterans Association. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 13 (Number, Terms of Office, etc. of Executive Officers) |
| (1) | The number and terms of office of executive officers to be assigned to the main office of the Veterans Association shall be prescribed by the articles of incorporation. |
| (2) | The kind, number, methods of election, and terms of office, with respect to executive officers to be assigned to various levels of branch offices, other than the main office of the Veterans Association, shall be prescribed by the articles of incorporation. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 14 (Reimbursement of Actual Expenses, etc.) |
Executive officers (excluding those subject to appointment) and delegates of the main office and branch offices of the Veterans Association shall serve without pay, but may receive reimbursement for actual expenses within the budget: Provided, That executive officers subject to appointment may be paid remuneration as prescribed by the articles of incorporation.
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| Article 15 (General Affairs Sections) |
| (1) | The main and branch offices of the Veterans Association may have general affairs sections and clerical workers necessary to handle their business affairs. |
| (2) | The general affairs sections and the maximum number and remuneration of clerical workers under paragraph (1) and other necessary matters shall be prescribed by the articles of incorporation. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
| (1) | The financial resources of the Veterans Association shall consist of membership fees, operational gains and other earnings. |
| (2) | The State and local governments may grant subsidies to the Veterans Association if deemed necessary for the operation thereof and for other purposes within budgetary limits. <Amended by Act No. 14256, May 29, 2016> |
| (3) | Deleted. <by Act No. 14256, May 29, 2016> |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 17 (Corrective Measures) |
In any of the following cases, the Minister of Patriots and Veterans Affairs may order the Veterans Association to take corrective measures:
| 1. | When it operates its profit-making activities in breach of an Act or the purpose of its establishment; |
| 2. | When it uses profit in breach of its plan for using profit; |
| 3. | When it violates orders pursuant to this Act or statutes determined by Ordinance of the Prime Minister or its articles of incorporation. |
[This Article Wholly Amended by Act No. 13197, Feb. 3, 2015]
| Article 17-2 (Examination, Inspection, etc. by Administrative Agencies) |
| (1) | When it is deemed necessary, the Minister of Patriots and Veterans Affairs may have a related public official examine the accounts of the Veterans Association or review other necessary documents thereof. |
| (2) | In the case of paragraph (1), a related public official shall carry a certificate indicating his/her authority and present it to interested persons. |
| (3) | When it is deemed necessary, the Minister of Patriots and Veterans Affairs may request the Veterans Association to report or to submit documents or other materials. |
[This Article Newly Inserted by Act No. 13197, Feb. 3, 2015]
| Article 18 Deleted. <by Act No. 9326, Dec. 31, 2008> |
CHAPTER VII PENALTY PROVISIONS
| Article 19 (Administrative Fines) |
| (1) | Any person who violates Article 2 (4) shall be punished by an administrative fine not exceeding three million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Patriots and Veterans Affairs. |
[This Article Wholly Amended by Act No. 9326, Dec. 31, 2008]
ADDENDA
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | As at the time this Act enters into force, the Korean Veterans Association shall be deemed to have been established pursuant to this Act. |
| (3) | As at the time this Act enters into force, the officers of the Korean Veterans Association shall be deemed to have been elected or appointed pursuant to this Act in so far as it is not contrary to this Act. |
| (4) | As at the time this Act enters into force, the articles of incorporation of the Korean Veterans Association shall be amended pursuant to this Act within two months from the date this Act enters into force, subject to approval by the Minister of National Defense. |
ADDENDUM <Act No. 2634, Oct. 10, 1973>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3343, Dec. 31, 1980>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Terms of Office of Officers) As at the time this Act enters into force, the terms of office of the officers and delegates of the main and branch offices of the Korean Veterans Association shall be governed in accordance with the previous provisions, and may only be renewed once after this Act enters into force. |
| (3) | (Transitional Measures concerning Amendments to Articles of Incorporation) As at the time this Act enters into force, the articles of incorporation of the Korean Veterans Association shall be amended in accordance with this Act within five months from the date this Act enters into force, subject to approval by the Minister of National Defense. |
ADDENDUM <Act No. 3665, Dec. 21, 1983>
This Act shall enter into force thirty days after the date of its promulgation.
ADDENDA <Act No. 4511, Dec. 2, 1992>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Disposition, etc.) Any approval, supervisory order or disposition or other act done by, or any act done in relation to, the Minister of National Defense under the previous provisions as at the time this Act enters into force shall be deemed the act done by or in relation to the Minister of Patriots and Veterans Affairs corresponding thereto under this Act. |
| (3) | (Transitional Measures concerning Amendments to Articles of Incorporation) The Korean Veterans Association shall amend its articles of incorporation in compliance with this Act within three months from the date this Act enters into force. |
| (4) | (Transitional Measures concerning Regional Branches, etc.) As at the time this Act enters into force, with respect to the former main sentence of Article 6 (2), regional branches shall be deemed to be City/Do branches, joint branches to be Si/Gun/Gu branches, and other branches to be Eup/Myeon/Dong branches. |
ADDENDUM <Act No. 4759, Mar. 24, 1994>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5292, Jan. 13, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Delegates for General Meeting) Any delegate to a general meeting who is elected pursuant to the previous provisions as at the time this Act enters into force shall be deemed the delegate elected pursuant to this Act, and the term of office of such delegate shall include the period for which he/she has been in office in accordance to the previous provisions. |
ADDENDUM <Act No. 5480, Dec. 24, 1997>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 5674, Jan. 21, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6044, Dec. 28, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Terms of Office for Officers of Main Office) Matters regarding the terms of office of the president and vice presidents of the main office of the Veterans Association who have been in office at the time this Act enters into force shall be governed by the previous provisions. |
| (3) | Transitional Measures concerning Amendments to Articles of Incorporation) The Korean Veterans Association shall amend the provisions of its articles of incorporation concerning the terms of office, etc. of officers assigned to the main office thereof, within three months from the date this Act enters into force, subject to approval by the Minister of Patriots and Veterans Affairs. |
ADDENDA <Act No. 6290, Dec. 26, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6348, Jan. 8, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9326, Dec. 31, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12105, Aug. 13, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13197, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Examples of Use of Profit)
Article 3 (Applicable Examples of Audit on Profit-making Activities)
Article 4 (Transitional Measures concerning Approval of Profit-making Activities)
A profit-making activity (applicable only to profit-making activities of which performance results are reported to the Minister of Patriots and Veterans Affairs under the articles of incorporation) that the Veterans Association is operating pursuant to the former provisions of subparagraph 6 of Article 4-2 at the time this Act enters into force shall be deemed to be a profit-making activity approved by the Minister of Patriots and Veterans Affairs under the amended provisions of Article 4-3 (1).
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 14256, May 29, 2016>
This Act shall enter into force on the date of its promulgation.