CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters necessary for compensation to patients suffering from actual aftereffects of defoliants under the Act on the Treatment of and Support for Persons etc. of Distinguished Service to the State and assistance and support to patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants, as well as matters necessary for conducting epidemiological investigations and research on the effects of defoliants on human health.
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 13194, Feb. 3, 2015; Act No. 13605, Dec. 22, 2015>
| 1. | The term "defoliants" means herbicides that contain dioxin that were used to remove leaves, etc. from trees during the Vietnam War or in areas adjoining the Southern Limit Line of the Demilitarized Zone of the Republic of Korea which is designated by Ordinance of the Ministry of National Defense (hereinafter referred to as "areas adjoining the Southern Limit Line"); |
| 2. | The term "patient suffering from actual aftereffects of defoliants" means: |
| 3. | The term "patient suffering from potential aftereffects of defoliants" means a Vietnam War veteran or a veteran who has served in an area adjoining the Southern Limit Line and suffers from a disease referred to in Article 5 (2); |
| 4. | The term "second-generation patient suffering from actual aftereffects of defoliants" means a child of a person determined to be, and registered as, a patient suffering from actual aftereffects of defoliants pursuant to Articles 4 and 7 (5); or a child of a deceased person recognized as a patient suffering from actual aftereffects of defoliants pursuant to Article 8 (referring to a child who was conceived and born on or after the date his/her parent entered the Vietnam War, served in an area adjoining the Southern Limit Line, or participated areas that defoliants were sprayed, during a period between October 9, 1967 and January 31, 1972) and suffers from a disease referred to in Article 5 (3). |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 3 (Applicable Persons) |
This Act shall apply to persons determined 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 Articles 4 and 7 (5). <Amended by Act No. 13605, Dec. 22, 2015> [This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 4 (Determination, Registration, etc. of Applicable Persons) |
| (1) | If any of the following persons intends to be a subject to this Act, he/she shall file an application for registration with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree: |
| 1. | A Vietnam War veteran; |
| 2. | A veteran who served in an area adjoining the Southern Limit Line; |
| 3. | A child of a patient suffering from actual aftereffects of defoliants. |
| (2) | Upon receipt of a registration application under paragraph (1) or an objection under the latter part of paragraph (5) from a Vietnam War veteran or a veteran who served in an area adjoining the Southern Limit Line, the Minister of Patriots and Veterans Affairs shall request the Minister of National Defense to confirm that the applicant is a veteran in the Vietnam War or a veteran who served in an area adjoining the Southern Limit Line: Provided, That the foregoing shall not apply where it is verifiable with documents submitted by the applicant along with a registration application that the applicant is a Vietnam War veteran or a veteran who served in an area adjoining the Southern Limit Line. <Amended by Act No. 13605, Dec. 22, 2015> |
| (3) | The Minister of National Defense in receipt of a request for confirmation under the main sentence of paragraph (2), shall verify whether the fact is true and notify the Minister of Patriots and Veterans Affairs of the results of his/her verification without delay. |
| (4) | In any of the following cases, the Minister of Patriots and Veterans Affairs shall provide relevant data to the head of a veterans hospital (hereinafter referred to as the "head of a veterans hospital") under Article 7 of the Korea Veterans Health Service Act and request him/her to perform an examination whether the applicant is 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: Provided, That such examination may be waived if an applicant submits a medical certificate issued by a local care hospital (hereinafter referred to as "local care hospital") under Article 3-4 of the Medical Service Act (referring to a medical certificate with the final diagnosis described in the blank for a disease name; hereinafter referred to as "final medical certificate issued by a local care hospital"): <Amended by Act No. 11141, Dec. 31, 2011> |
| 1. | Where the registration application is filed by a child of a patient suffering from actual aftereffects of defoliants pursuant to paragraph (1); |
| 2. | Where it has been confirmed in accordance with the proviso to paragraph (2) that the applicant is a Vietnam War veteran; |
| 3. | Where it has been confirmed by the Minister of National Defense in accordance with paragraph (3) that the applicant is a veteran who served during the Vietnam War or in an area adjoining the Southern Limit Line. |
| (5) | If the Minister of Patriots and Veterans Affairs is notified by the Minister of National Defense pursuant to paragraph (3) that an applicant is not a veteran who served during the Vietnam War or in an area adjoining the Southern Limit Line, he/she shall notify the applicant of such fact. In such cases, an applicant may file an application for the verification of the fact directly with the Minister of National Defense, along with supporting data. In such cases, the applicant may file an objection with the Minister of Patriots and Veterans Affairs together with materials for explanation within 30 days from the date of receipt of the notification, as prescribed by Ordinance of the Prime Minister. <Amended by Act No. 13605, Dec. 22, 2015> |
| (6) | Upon completion of the examination under the main sentence of paragraph (4), the head of a veterans hospital shall notify the Minister of Patriots and Veterans Affairs of the result of the examination. |
| (7) | The Minister of Patriots and Veterans Affairs shall determine whether an applicant is subject to this Act, based on verification with documents under the proviso to paragraph (2); notification by the Minister of National Defense under paragraph (3); the result of examination under the main sentence of paragraph (4); or a final medical certificate issued by a local care hospital and submitted pursuant to the proviso to paragraph (4), and shall notify the applicant of the result thereof: Provided, That whether a person who submitted a final medical certificate issued by a local care hospital under the proviso to paragraph (4) is subject to this Act shall be determined after deliberation and resolution by the National Merit Reward Commission under Article 74-5 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Commission"), if it is unclear whether the disease name described in the medical certificate corresponds to a disease specified in Article 5 (1), (2), or (3) and it is thus concluded that another medical examination is required. <Amended by Act No. 11141, Dec. 31, 2011; Act No. 13605, Dec. 22, 2015>. |
| (8) | The Minister of Patriots and Veterans Affairs shall record the names of persons determined as applicable persons under this Act in the register, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 4-2 (Reporting on Change in Personal Circumstances, etc.) |
| (1) | Where a person determined to be, and registered as, a patient suffering from potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants pursuant to Articles 4 and 7 (5) falls under any of the following cases, he/she or his/her family member, bereaved or not, shall report it to the Minister of Patriots and Veterans Affairs without delay, in accordance with Ordinance of the Prime Minister: <Amended by Act No. 13605, Dec. 22, 2015> |
| 1. | Where he/she was deceased; |
| 2. | Where he/she has lost his/her nationality; |
| 3. | Where his/her whereabouts has been unknown for at least one consecutive year; |
| 4. | Where he/she falls under subparagraph 3 but the circumstance referred to therein ceases to exist; |
| 7. | Where his/her name, address, or date of birth has changed; |
| 8. | Where any record of his/her service in Vietnam War or other records of his/her military service has been changed or corrected. |
| (2) | The Minister of Patriots and Veterans Affairs in receipt of a report under paragraph (1), shall cancel the registration, pay allowances or restitute allowances erroneously paid, or take other necessary measures without delay, and shall notify the reporting person of the details of and reasons for such measures. |
| (3) | The Minister of Patriots and Veterans Affairs may request a patient suffering from potential aftereffects of defoliants and a second-generation patient suffering from actual aftereffects of defoliants, or a bereaved family member or family member thereof to submit necessary materials, to verify any change in personal circumstances referred to in paragraph (1). In such cases, any person in receipt of the request shall comply with such request, except in extenuating circumstances. <Newly Inserted by Act No. 13605, Dec. 22, 2015> |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 4-3 (Time When Right to Receive Assistance Becomes Effective) |
| (1) | The right to receive assistance in accordance with this Act shall be effective beginning with the month in which an application for registration is filed under Article 4 (1), or in which the head of a veterans hospital submits the results of the medical examination to the Minister of Patriots and Veterans Affairs in accordance with Article 7 (4): Provided, That the time when any of the following rights becomes effective shall be classified as follows: |
| 1. | The right to receive medical treatment under Article 7 (1) shall be effective beginning with the date an application for registration is filed under Article 4 (1) or the date the head of a veterans hospital submits the results of the medical examination to the Minister of Patriots and Veterans Affairs in accordance with Article 7 (4); |
| 2. | The right to receive education assistance under Article 7-5 (2) or a subsidy under Article 8-4 (1) shall be effective beginning with the month in which an application for education assistance or subsidy payment is filed. |
| 1. | Among medical treatments under Article 7 (1), the right to receive medical treatment for any disease other than the disease that constitutes the ground for the determination and registration of a patient suffering from potential aftereffects of defoliants or second-generation patient suffering from actual aftereffects of defoliants shall become effective beginning with the date an application for a physical examination for re-verification is filed; |
| 2. | The right to receive allowances under Article 7-3, education assistance under Article 7-5 (excluding education assistance under Article 7-5 (2)) and employment assistance under Article 7-9 shall become effective beginning with the month in which an application for a physical examination for re-verification is filed. |
[This Article Newly Inserted by Act No. 13605, Dec. 22, 2015]
| Article 5 (Criteria for Determining Patients Suffering from Actual Aftereffects of Defoliants) |
| (1) | The scope of actual aftereffects of defoliants, which shall serve as the criteria for determining applicable persons pursuant to Article 4 (7), shall be as follow: <Amended by Act No. 11203, Jan. 17, 2012; Act No. 16090, Dec. 24, 2018> |
| 1. | Non-Hodgkin's lymphoma; |
| 4. | Peripheral neuropathy; |
| 5. | Porphyria cutanea tarda; |
| 13. | Diabetes: Provided, That gestational diabetes mellitus shall not be included herefrom; |
| 14. | B-cell chronic leukemia (including chronic lymphocytic leukemia and hairy cell leukemia) |
| 15. | Chronic myeloid leukemia; |
| 16. | Parkinson’s disease: Provided, that parkinsonism in diseases classified elsewhere and secondary parkinsonism shall not be included; |
| 17. | Ischaemic heart disease; |
| 19. | Salivary gland cancer; |
| 20. | Gallbladder cancer (including biliary tract cancer). |
| (2) | The scope of potential aftereffects of defoliants, which shall serve as the criteria for determining applicable persons pursuant to Article 4 (7), shall be as follow: <Amended by Act No. 11203, Jan. 17, 2012; Act No. 14252, May 29, 2016> |
| 1. | Photosensitive dermatitis; |
| 3. | Seborrheic dermatitis; |
| 6. | Disorders of the central nervous system; Provided, That Parkinson’s disease referred to in the main sentence of paragraph (1) 16 shall not be included; |
| 8. | Multiple neuroparalysis; |
| 10. | Amyotrophic lateral sclerosis; |
| 12. | Malignant tumor; Provided, That malignant tumor that belongs to actual aftereffects of defoliants under paragraph (1) shall not be included; |
| 13. | Liver diseases: Provided, That diseases caused by hepatitis B or C virus shall be excluded herefrom; |
| 17. | Deleted; <by Act No. 11203, Jan. 17, 2012> |
| 21. | Deleted. <by Act No. 11203, Jan. 17, 2012> |
| (3) | The scope of diseases of second-generation patients suffering from actual aftereffects of defoliants, which shall serve as the criteria for determining applicable persons pursuant to Article 4 (7), shall be as follow: |
| 1. | Spina bifida: Provided, That spina bifida occulta shall be excluded herefrom; |
| 2. | Peripheral neuropathy; |
| 3. | Spondylopathy associated with paraplegia. |
| (4) | Notwithstanding paragraphs (1) through (3), if found that a person has suffered from any of the following diseases, he/she shall not be deemed as a patient suffering from an actual aftereffect of defoliants or a potential aftereffect of defoliants, or a second-generation patient suffering from actual aftereffects of defoliants: |
| 1. | A disease caused hereditarily or in connection with nurturing; |
| 2. | A disease that is found to have occurred before military service; |
| 3. | A disease caused by an external wound; |
| 4. | Other diseases cause of which is clearly and medically found through clinical observations to have no connection with defoliants. |
| (5) | Where a Vietnam War veteran or a veteran who served in an area adjoining the Southern Limit Line suffers from a disease referred to in paragraph (1), the disease shall be deemed associated with defoliants, unless it is proved that the disease falls under paragraph (4). |
| (6) | Where a Vietnam War veteran or a veteran who served in an area adjoining the Southern Limit Line suffers from a disease referred to in paragraph (2), he/she shall be deemed as a patient suffering from potential aftereffects of defoliants, unless it is proved that the disease falls under paragraph (4). |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
CHAPTER II COMPENSATION AND ASSISTANCE
| Article 6 (Compensation, etc. to Patients Suffering from Actual Aftereffects of Defoliants) |
| (2) | Any person determined to be, and registered as, a patient suffering from actual aftereffects of defoliants pursuant to Articles 4 and 7 (5), who fails to be assigned a veterans disability rating in the course of a physical examination conducted by the Minister of Patriots and Veterans Affairs, shall be classified as a person entitled to the support under Articles 20 (1) and 20-2 of the Support for Discharged Soldiers Act; and shall be entitled to medical care service under said Act. <Amended by Act No. 11203, Jan. 17, 2012; Act No. 13605, Dec. 22, 2015> |
| (4) | If found that a disease classified as potential aftereffects of defoliants referred to in Article 5 (2) becomes actual aftereffects of defoliants referred to in Article 5 (1), compensation therefor may be granted retrospectively from the date on which the initial application was filed in accordance with Article 4 (1). In such cases, the amount of and the guidelines for compensation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 6-2 (Physical Examination) |
[This Article Wholly Amended by Act No. 13605, Dec. 22, 2015]
| Article 7 (Medical Treatment for Patients Suffering from Potential Aftereffects of Defoliants, etc.) |
| (1) | The Minister of Patriots and Veterans Affairs shall provide medical treatment for all diseases (including wounds; hereafter the same shall apply in this paragraph) to persons who have disabilities rated under Article 7-3 (1) and determined to be, and registered as, a patient suffering from potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants pursuant to Article 4 and paragraph (5) of this Article, and shall provide medical treatment only for the disease assessed as the ground for such determination and registration to any person other than those specified above: Provided, That no medical treatment shall be provided for a disease caused by any of the following: <Amended by Act No. 13605, Dec. 22, 2015> |
| 1. | A patient's intentional or negligent act; |
| 2. | An injury inflicted by another person; |
| 3. | Heredity (excluding second-generation patients suffering from actual aftereffects of defoliants); |
| 4. | A disease that has occurred before military service (excluding second-generation patients suffering from actual aftereffects of defoliants. |
| (2) | The Minister of Patriots and Veterans Affairs shall entrust medical treatment under paragraph (1) to the head of each veterans hospital: Provided, That such medical treatment may be entrusted to other specialized medical institutions, if deemed necessary. |
| (3) | Where the head of any of the following medical institutions finds in the course of medical treatment that his/her patient is suffering from actual or potential aftereffects of defoliants or his/her patient is a second-generation patient suffering from actual aftereffects of defoliants, he/she shall send medical treatment records and his/her written clinical opinion to the head of a veterans hospital without delay in accordance with Presidential Decree: |
| 2. | A medical institution that provides medical treatment to patients suffering from actual aftereffects of defoliants pursuant to Article 20 (1) of the Support for Veterans Act: Provided, That such medical treatment shall be provided only to a person deemed entitled to medical care pursuant to Article 6 (2); |
| 3. | A medical institution to which medical treatment for patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliants is entrusted pursuant to the proviso to paragraph (2). |
| (4) | Where a person is diagnosed as a patient suffering from actual or potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants in the course of medical treatment, or receives relevant data from the head of a medical institution pursuant to paragraph (3), the head of a veterans hospital shall examine whether such person is an actual patient suffering from actual or potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants and then submit the results thereof to the Minister of Patriots and Veterans Affairs. |
| (5) | The Minister of Patriots and Veterans Affairs shall determine whether a person is a patient suffering from actual or potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants, based on the results of examination submitted pursuant to paragraph (4); shall notify the person determined as a patient suffering from actual or potential aftereffects of defoliants of such determination or a second-generation patient suffering from actual aftereffects of defoliants; and shall register the person in the register under Article 4 (8). |
| (6) | Necessary matters concerning the medical treatment and the entrustment of medical treatment under paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
| (7) | Expenses for medical treatments under paragraphs (1) and (2) shall be reimbursed by the State: Provided, That where any person, determined to be, and registered as, a patient suffering from potential aftereffects of defoliants or second-generation patient suffering from actual aftereffects of defoliants, who has his/her disability rated below that prescribed by Presidential Decree pursuant to Article 7-3 (1), receives medical treatment under paragraph (1) due to any disease other than the disease which constitutes the ground of such determination and registration, some expenses for such medical treatment may be reimbursed by such person, as prescribed by Presidential Decree. <Amended by Act No. 13605, Dec. 22, 2015> |
| (8) | through (10) Deleted. <by Act No. 13605, Dec. 22, 2015> |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 7-2 (Providing Prosthetic Devices) |
Where a person determined to be, and registered as, a patient suffering from potential aftereffects of defoliants pursuant to Articles 4 and 7 (5) needs a prosthetic device due to an operation for the relevant disease, the State may provide the prosthetic device to such person, as prescribed by Presidential Decree. <Amended by Act No. 13605, Dec. 22, 2015> [This Article Newly Inserted by Act No. 11203, Jan. 17, 2012]
| Article 7-3 (Payment, etc. of Allowances) |
| (1) | The Minister of Patriots and Veterans Affairs may pay allowances, within budgetary limits, to patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliants, who have disabilities rated pursuant to Presidential Decree (hereinafter referred to as “disability ratings”) as specified for the respective both kinds of patients (hereinafter referred to as “persons entitled to allowances”): Provided, That where any patient suffering from potential aftereffects of defoliants who is entitled to allowances, falls under any of the following cases, the Minister of Patriots and Veterans Affairs shall request him/her to select either such allowances or any of the following compensations: |
| (2) | A person entitled to allowances may, even though he/she loses Korean nationality, receive allowances under paragraph (1). |
| (3) | Allowances under paragraph (1) shall be paid in the manner of paying them into the deposit account (referring to an account of a postal service office prescribed by the Postal Savings and Insurance Act (hereinafter referred to as "postal service office”) or a bank prescribed by the Banking Act (hereinafter referred to as a “bank”); hereinafter the same shall apply) designated by a person entitled to allowances: Provided, That allowances may be paid in cash upon the application of the relevant persons entitled to allowances, in extenuating circumstances prescribed by Presidential Decree, such as damage of information and communications networks (referring to information and communications networks 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). |
| (4) | Allowances shall be paid in accordance with the main sentence of paragraph (3) into a deposit account opened and designated by a person entitled to allowances in his/her own name. |
| (5) | The amount and payment methods of allowances under paragraph (1) and other necessary matters concerning payment shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13605, Dec. 22, 2015]
| Article 7-4 (Protection of Rights) |
| (1) | No right to receive allowances referred to in Article 7-3 (1) shall be transferred, seized, and provided as security. <Amended by Act No. 13605, Dec. 22, 2015> |
| (3) | No monthly allowances paid in accordance with Article 7-3 (4) shall be seized in excess of an amount prescribed by Presidential Decree in consideration of the standard median income referred to in subparagraph 11 of Article 2 of the National Basic Living Security Act (hereinafter referred to as “standard median income”). <Amended by Act No. 13605, Dec. 22, 2015> |
| (4) | Notwithstanding paragraphs (1) and (3), allowances referred to in Article 7-3 (1) may be seized where allowances, etc. are recovered in accordance with Article 25. <Newly Inserted by Act No. 13605, Dec. 22, 2015> |
[This Article Wholly Amended by Act No. 9394, Jan. 30, 2009]
| Article 7-5 (Education Assistance) |
| 1. | A patient suffering from potential aftereffects of defoliants, entitled to allowances; |
| (2) | Notwithstanding paragraph (1) 2, the child of a patient suffering from potential aftereffects of defoliants who has a disability rated below that prescribed by Presidential Decree and is entitled to allowances, may be provided with education assistance, as provided by Presidential Decree in consideration of his/her living standard such as the standard median income. |
[This Article Newly Inserted by Act No. 13605, Dec. 22, 2015]
| Article 7-6 (Application for Education Assistance) |
| (1) | Any person who intends to receive education assistance in accordance with Article 7-5 (2) (hereinafter referred to as “education assistance applicant”), shall file an application for education assistance with the Minister of Patriots and Veterans Affairs. |
| (2) | Where an education assistance applicant files an application in accordance with paragraph (1), the applicant and persons under a duty to support the applicant (referring to his/her spouse, parents and children and spouses thereof who are under a duty to support the applicant; hereinafter the same shall apply) shall submit a document to the effect that they give consent to the provision of the following materials or information: |
| 3. | Insurance premiums paid for insurance purchased under Article 4 (1) of the Insurance Business Act, and other materials and information prescribed by Presidential Decree (hereinafter referred to as “insurance information”). |
| (3) | The Minister of Patriots and Veterans Affairs in receipt of an application under paragraph (1), shall determine whether he/she provides education assistance, based upon the findings of an inspection referred to in Article 7-7. |
| (4) | Methods of and procedures for applying for education assistance under paragraph (1) and methods and procedures for giving consent under paragraph (2), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13605, Dec. 22, 2015]
| Article 7-7 (Inspection, Inquiry, etc.) |
| (1) | In order to verify whether an education assistance applicant and an education assistance recipient (referring to a person who are receiving education assistance in accordance with Article 7-5 (2); hereinafter the same shall apply) are entitled to education assistance, the Minister of Patriots and Veterans Affairs may require the education assistance applicant, the education assistance recipient, and persons under a duty to support the applicant or recipient to submit necessary documents and materials concerning income, property, etc.; and may order public officials under his/her jurisdiction to access the residence and any other necessary place of such applicant, recipient or persons to inspect the documents, etc. or inquire of the interested parties. |
| (2) | Any person who performs an access, inspection or inquiry in accordance with paragraph (1), shall carry a certificate indicating his/her authority and present it to the interested parties. |
| (3) | Where an education assistance applicant, education assistance recipient, or person under a duty to support the applicant or recipient refuses to submit documents or materials under paragraph (1), or refuses, obstructs, or evades the inspection or inquiries, the Minister of Patriots and Veterans Affairs may reject the application for education assistance and suspend the education assistance. |
| (4) | Necessary matters concerning the scope, period and content of inspection and inquiries under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13605, Dec. 22, 2015]
| Article 7-8 (Providing Financial Information, etc.) |
| (5) | A request to provide financial information, etc. and the provision thereof under paragraphs (1) through (3), shall be made through an information and communications network: Provided, That this shall not apply in extenuating circumstances, such as damage of the information and communications network. |
| (6) | No person who is or was engaged in the affairs referred to in paragraphs (1) and (2), shall use the financial information, etc. that he/she has become aware of in the course of performing the affairs for any purpose other than that prescribed by this Act; or shall provide or divulge such information to a third party or institution. |
| (7) | Necessary matters concerning requests to provide financial information, etc. and the provision thereof under paragraphs (1) through (3) and (5), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13605, Dec. 22, 2015]
| Article 7-9 (Employment Assistance) |
| (1) | The State shall provide employment assistance to any of the following persons (hereinafter referred to as “persons entitled to employment assistance”): |
| 1. | A patient suffering from potential aftereffects of defoliants, entitled to allowances; |
| 2. | The spouse (referring to the spouse under Article 5 (1) 1 and (2) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State), among the family members or bereaved members of a person referred to in subparagraph 1; |
| 3. | A child, among the family members or bereaved family members of a patient suffering from potential aftereffects of defoliants whose disability is rated above that prescribed by Presidential Decree and who is entitled to allowances. |
| 1. | Ten percent of a perfect score shall be added to the score obtained by a person entitled to employment assistance who falls under paragraph (1) 1; |
| 2. | Five percent of a perfect score shall be added to the score obtained by a person entitled to employment assistance who falls under paragraph (1) 2 or 3. |
| (3) | Articles 29 (2) and (3), 30, 31 (2) through (5), 31-2, 32, 33, 33-2, 33-3, 34, 34-2, 35, 35-2, 36, 37, 37-2, 38 and 39 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 providing employment assistance to persons entitled to employment assistance. In such cases, “persons determined to have a disability rating 1, 2, 3, 4 or 5, who are entitled to employment assistance falling under Article 29 (1) 1” referred to in Article 37-2 (4) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State shall be deemed “patients suffering from potential aftereffects of defoliants whose disability rating is that prescribed by Presidential Decree or higher.” <Amended by Act No. 15027, Oct. 31, 2017> |
[This Article Newly Inserted by Act No. 13605, Dec. 22, 2015]
| Article 8 (Benefits for Bereaved Family Members of Deceased Patients Suffering from Actual Aftereffects of Defoliants, etc.) |
| (2) | Article 4 shall apply mutatis mutandis to applications for registration filed by bereaved family members of deceased patients suffering from actual aftereffects of defoliants: Provided, That a medical examination referred to in Article 4 (4) shall be conducted in writing, such as a death certificate and medical records. <Amended by Act No. 13605, Dec. 22, 2015> |
| (4) | The Minister of Patriots and Veterans Affairs may conduct fact-finding surveys to determine whether a person falls under paragraph (1) 1 or 2. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 8-2 (Old-Age Assistance) |
| (1) | Any senior center established and operated by the State or a local government may provide assistance to the persons aged at least 65 years who fall under any of the following cases and have no person to support them (including where any person under a duty cannot support them due to the lack of support capability prescribed by Presidential Decree): <Amended by Act No. 13605, Dec. 22, 2015> |
| 1. | A person who is registered as a patient suffering from actual aftereffects of defoliants under Articles 4 and 7 (5); and who fails to be assigned a veterans disability rating in the course of a physical examination conducted by the Minister of Patriots and Veterans Affairs; |
| 2. | A person who is registered as a patient suffering from potential aftereffects of defoliants under Articles 4 and 7 (5). |
| (2) | The State may outsource old age assistance referred to in paragraph (1) to any senior center other than those established and operated by the State or a local government, and expenses incurred in providing such assistance shall be borne by the State. |
[This Article Newly Inserted by Act No. 9394, Jan. 30, 2009]
| Article 8-3 (Assistance in Admission to Ancient Palaces, etc.) |
Any of the following persons may be granted admission, free of charge or at a discounted fee, to ancient palaces, parks, etc. managed by the State or a local government, as prescribed by Presidential Decree:
| 1. | A person who is registered as a patient from actual aftereffects of defoliants under Articles 4 and 7 (5); and who fails to be assigned a veterans disability rating in the course of a physical examination conducted by the Minister of Patriots and Veterans Affairs; |
| 2. | A person who is registered as a patient suffering from potential aftereffects of defoliants under Articles 4 and 7 (5). |
[This Article Wholly Amended by Act No. 13605, Dec. 22, 2015]
| Article 8-4 (Subsidization for Long-Term Care Assistance) |
| (1) | The Minister of Patriots and Veterans Affairs may subsidize some of the expenses borne by the persons who are granted home-care benefits or nursing home-care benefits under Article 23 (1) 1 or 2 of the Long-Term Care Insurance Act; who are patients suffering from potential aftereffects of defoliants; and who are assigned a disability rating, in consideration of their living standards such as the standard median income. |
| (2) | Any person who intends to be granted as a subsidy in accordance with paragraph (1), shall file an application for the grant of such subsidy with the Minister of Patriots and Veterans Affairs. In such cases, the provisions of Articles 7-6 through 7-8 shall apply mutatis mutandis to the procedures for applying for the grant of subsidies and verifying the living standards of applicants. |
| (3) | Necessary matters concerning detailed selection standards for persons entitled to a subsidy under paragraphs (1) and (2) and an amount to be paid, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13605, Dec. 22, 2015]
| Article 8-5 (Patriots and Veterans Home-care Welfare Service) |
| (1) | The Minister of Patriots and Veterans Affairs may provide any of the following persons with patriots and veterans home-care welfare services which support them for household affairs, health management and emotional activities, etc. at home in order for them to live their daily lives smoothly: |
| 1. | Patients suffering from potential or actual aftereffects of defoliants in Article 3; |
| 2. | Spouses of persons falling under paragraph (1) (referring to spouses in Article 5 (1) 1 and (2) of the Act on the Honorable Treatment of and Support for Persons, Etc. of Distinguished Service to the State). |
| (2) | Any person who intends to receive assistance in paragraph (1) shall file an application for assistance with the Minister of Patriots and Veterans Affairs. |
| (3) | The detailed standards for selecting the beneficiary of services and assistance in paragraph (1) shall be determined by the Minister of Patriots and Veterans Affairs. |
[This Article Newly Inserted by Act No. 16425, Apr. 30, 2019]
CHAPTER III INCORPORATION AND SUPPORT OF ORGANIZATIONS
| Article 9 (Legal Personality) |
| (1) | The Korean Disabled Veteran’s Association by Agent-Orange in Vietnam War (hereinafter referred to as the "Agent Orange Veterans Association") shall be incorporated as a legal entity to promote friendship and mutual aid and support among patients suffering from actual or potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants (hereinafter referred to as "persons suffering from aftereffects of defoliants"), to improve their capabilities of self-support, and to advance the rights and interests of persons suffering from aftereffects of defoliants. <Amended by Act No. 9394, Jan. 30, 2009> |
| (2) | The Agent Orange Veterans Association shall be duly formed when it prepares articles of association, subject to prior approval of the Minister of Patriots and Veterans Affairs, and completes the registration for incorporation. |
| (3) | The provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to the Agent Orange Veterans Association, except as otherwise provided for in this Act. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 10 (Prohibition of Use of Similar Name, etc.) |
No one may incorporate an association called as "Agent Orange Veterans Association" not in compliance with this Act, nor may use the name "Agent Orange Veterans Association" or any other similar name, except the Agent Orange Veterans Association under this Act.
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 11 Deleted. <by Act No. 7873, Mar. 3, 2006> |
| Article 11-2 (Prohibition of Political Activities) |
| (1) | The Agent Orange Veterans Association shall not engage in political activities. |
| (2) | No executive officer of the headquarters, chapters or sub-chapters of the Agent Orange Veterans Association shall serve as a representative, executive officer, or accounting manager of any political party under the Political Parties Act. |
| (3) | When an executive officer of the headquarters, chapters, or sub-chapters of the Agent Orange Veterans Association violates paragraph (2), he/she shall be dismissed from his/her office as an executive officer. |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 12 (Articles of Association) |
| (1) | The articles of association of the Agent Orange Veterans Association shall include the following matters: |
| 2. | Location of its offices; |
| 3. | Matters concerning business; |
| 4. | Matters concerning rights and obligations of members; |
| 5. | Matters concerning general meetings and the board of directors's meetings; |
| 6. | Matters concerning executive organs and allocation of duties; |
| 7. | Matters concerning membership fees, assets, and audits; |
| 8. | Matters concerning amendments to the articles of association; |
| 9. | Matters concerning executive officers and employees; |
| 10. | Matters concerning dissolution; |
| 11. | Matters concerning by-laws and other matters necessary for operation. |
| (2) | Where the Agent Orange Veterans Association intends to amend its articles of association, it shall obtain authorization from the Minister of Patriots and Veterans Affairs. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
The Agent Orange Veterans Association shall conduct the following work: <Amended by Act No. 9394, Jan. 30, 2009; Act No. 11600, Dec. 21, 2012>
| 1. | Promoting friendship between persons suffering from aftereffects of defoliants through mutual aid and support; |
| 2. | Improving welfare of persons suffering from aftereffects of defoliants and advancing their rights and interests; |
| 3. | Venerating the honor of persons suffering from aftereffects of defoliants and commemorating them; |
| 4. | Inspiring enthusiasm for the national defense and instilling patriotism; |
| 5. | Implementing any incidental projects for work referred to in subparagraphs 1 through 4. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 13-2 (Profit-Making Business) |
| (1) | The Agent Orange Veterans Association may directly conduct profit-making business within the extent necessary to accomplish the purpose of work referred to in Article 13. |
| (2) | In cases falling under any of the following subparagraphs, the State, local governments and other public organizations (hereafter referred to as "organizations, etc." in this paragraph) may conclude a private contract with the Agent Orange Veterans Association which operates profit-making business pursuant to paragraph (1): <Amended by Act No. 14833, Apr. 18, 2017> |
| 1. | Where the organizations, etc. purchase goods directly produced by the Agent Orange Veterans Association; |
| 2. | Where the organizations, etc. sells or leases any goods to the Agent Orange Veterans Association directly; |
| 3. | Where the organizations, etc concludes a service contract with the Agent Orange Veterans Association. |
[This Article Newly Inserted by Act No. 11600, Dec. 21, 2012]
| Article 13-3 (Approval of Profit-Making Business) |
| (1) | The Agent Orange Veterans Association that intends to conduct profit-making business pursuant to Article 13-2 (1) shall obtain approval of that business from the Minister of Patriots and Veterans Affairs by a resolution after deliberation of the Deliberative Committee on Welfare Services under Article 13-4. The same shall apply to a revision to any important matter prescribed by Ordinance of the Prime Minister. <Amended by Act No. 13194, Feb. 3, 2015> |
| (2) | Approval standards and procedures for profit-making business, scope of matters subject to approval under paragraph (1), and other related matters shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Act No. 11600, Dec. 21, 2012]
| Article 13-4 (Establishment, etc. of Deliberative Committee on Welfare Services) |
| (1) | The Agent Orange Veterans Association shall establish a Deliberative Committee on Welfare Services (hereinafter referred to as the" Deliberative Committee") to deliberate on matters concerning the operation of profit-making business. |
| (2) | The Deliberative Committee shall deliberate, and pass a resolution, on the following matters: |
| 1. | Matters concerning the commencement, interruption and cancellation of any profit-making business; |
| 2. | Matters concerning the determination of the scale of investment in any profit-making business; |
| 3. | Matters concerning usage plans for earnings, and change thereof; |
4 Matters concerning the propriety of audit results and profit-making business;
| 5. | Other matters concerning the operation of profit-making business. |
| (3) | The Deliberative Committee shall be composed of not less than five, but not more than ten members, including one Chairperson, and the members shall be the following persons: |
| 1. | Two persons designated by the Chairperson of the Agent Orange Veterans Association from among executives or employees thereof; |
| 2. | Each of the following persons, designated or commissioned by the Minister of Patriots and Veterans Affairs. In such cases, those persons falling under any of items (b) through (d) shall not be designated or commissioned from among public officials belonging to the Ministry of Patriots and Veterans Affairs or persons affiliated with the Agent Orange 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) | Other persons with expertise and affluent experience in profit-making business, as deemed necessary by the Minister of Patriots and Veterans Affairs. |
| (4) | The Chairperson of the Deliberative Committee shall be elected among and by the members thereof. |
| (5) | When deliberating, and passing a resolution, on the matter of paragraph (2) 1, the Deliberative Committee shall take into account the profitability, growth, and stability of the relevant profit-making business as well as its effects on the market. |
| (6) | The Agent Orange Veterans Association shall conduct profit-making business after the Deliberative Committee has deliberated, and passed a resolution, on the matters falling under any of the subparagraphs of paragraph (2), and shall comply with the results of deliberation and resolution by the Deliberative Committee, except in exceptional circumstances: Provided, That where the Agent Orange Veterans Association has any dissenting opinion on the results of deliberation and resolution, it may request the re-deliberation, as prescribed by Ordinance of the Prime Minister. |
| (7) | Except as otherwise provided for in paragraphs (3) and (4), matters necessary for the composition of the Deliberative Committee shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Act No. 13194, Feb. 3, 2015]
| Article 13-5 (Operation of Deliberative Committee) |
| (1) | The Chairperson of the Deliberative Committee shall represent it and have general supervision and control over the affairs thereof. |
| (2) | Where the Chairperson is unable to perform his/her duties due to an inevitable reason, the member determined by the Deliberative Committee shall act for the Chairperson. |
| (3) | The majority of the members of the Deliberative Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those members present. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the operation of the Deliberative Committee shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Act No. 13194, Feb. 3, 2015]
| Article 13-6 (Cancellation of Profit-Making Business) |
Where any profit-making business approved by the Minister of Patriots and Veterans Affairs pursuant to Article 13-3 (1) falls under any of the following cases, he/she may cancel approval of the profit-making business: Provided, That in cases falling under subparagraph 1, he/she shall cancel such approval: | 1. | Where profit-making business is approved by fraud or other wrongful means; |
| 2. | Where the Agent Orange Veterans Association does not directly operate profit-making business; |
| 3. | Where the Agent Orange Veterans Association fails to comply with the corrective measures under Article 21; |
| 4. | Where the Agent Orange Veterans Association refuses to undergo an investigation or inspection, or to submit materials under Articles 22 and 23, without just cause; |
| 5. | Where the Agent Orange Veterans Association obstructs or evades an investigation or inspection, or submits a false report, in violation of Articles 22 and 23; |
| 6. | Where profit-making business violates this Act or other statutes determined by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Act No. 13194, Feb. 3, 2015]
The Minister of Patriots and Veterans Affairs, who intends to cancel approval of profit-making business under Article 13-6, shall hold a hearing. [This Article Newly Inserted by Act No. 13194, Feb. 3, 2015]
| Article 14 (Qualification for Membership) |
Members of the Agent Orange Veterans Association shall consist of persons, determined to be, and registered as, patients suffering from aftereffects of defoliants pursuant to Articles 4 and 7 (5). <Amended by Act No. 9394, Jan. 30, 2009; Act No. 13605, Dec. 22, 2015> [This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 15 (Organization) |
| (1) | The Agent Orange Veterans Association may have its headquarters, chapters, and sub-chapters. |
| (2) | The Agent Orange Veterans Association shall have its headquarters in Seoul Special Metropolitan City, a chapter in Seoul Special Metropolitan City and a Metropolitan City or Do, and a sub-chapter in a Si/Gun/Gu. |
| (3) | If necessary in view of the number of members, geographic conditions, and other factors, the Minister of Patriots and Veterans Affairs may demand the Agent Orange Veterans Association to consolidate chapters and sub-chapters in neighboring Dos or Sis/Guns/Gus to establish one chapter or sub-chapter. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 16 (Executive Officers, etc.) |
| (1) | The headquarters of the Agent Orange Veterans Association shall have the following executive officers: |
| 2. | Two vice-chairpersons; |
| 3. | Not more than fifteen directors; |
| (2) | The chairperson, vice-chairpersons, directors, and auditors shall be elected at the general meeting. |
| (3) | The chairperson shall represent the Association and shall have overall control over the business affairs of the Association. |
| (4) | The vice-chairpersons shall assist the chairperson and, if the chairperson is absent, shall act on his/her behalf in accordance with the articles of association. |
| (5) | Auditors shall audit the accounting of the Agent Orange Veterans Association and the business affairs related to accounting. |
| (6) | The Agent Orange Veterans Association shall have one secretary general. |
| (7) | The secretary general shall be appointed by the chairperson with approval of the board of directors, and shall carry out the affairs of the Association in compliance with the orders of the chairperson. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 17 (Heads of Chapters or Sub-Chapters) |
| (1) | Each chapter or sub-chapter of the Agent Orange Veterans Association shall have one head, and the method of appointment shall be stipulated by the articles of association. |
| (2) | Neither a chapter head nor a sub-chapter head under paragraph (1) shall hold concurrent office as a representative. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 18 (General Meeting) |
| (1) | A general meeting shall consist of the chairperson, vice-chairpersons, secretary general, directors, chapter heads, and representatives. |
| (2) | The full number of representatives, the method of appointing representatives, minutes of general meetings under paragraph (1), and other relevant matters shall be stipulated by the articles of association. |
[This Article Wholly Amended by Act No. 8793, Dec. 21, 2007]
| Article 19 (Board of Directors) |
| (1) | The board of directors shall be comprised of the chairperson, vice-chairpersons, and directors: Provided, That chapter heads may become members of the board of directors in accordance with the articles of association. |
| (2) | When it is significantly impracticable to convene a general meeting due to a natural disaster or a state of emergency, the chairperson may authorize the board of directors to act on behalf of the general meeting, after obtaining approval from the Minister of Patriots and Veterans Affairs. In such cases, resolutions shall be subject to approval at a general meeting later convened. |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
The State or local governments may grant subsidies necessary to operate the Agent Orange Veterans Association, within its budgetary limits. <Amended by Act No. 14252, May 29, 2016.>
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 20-2 (Preferential Sale, etc. of State-Owned or Public Property) |
| (1) | If necessary for the operation and welfare programs of the Agent Orange Veterans Association, the State or a local government may sell state-owned or public property preferentially to the Agent Orange Veterans Association, or allow the Agent Orange Veterans Association to use, benefit from or lease such property with or without any consideration, notwithstanding the State Property Act or the Public Property and Commodity Management Act. |
| (2) | If necessary for the operation and welfare programs of the Agent Orange Veterans Association, the State or a local government may transfer commodities without any consideration or rent commodities with or without any consideration, to the Agent Orange Veterans Association, notwithstanding the Commodity Management Act or the Public Property and Commodity Management Act. <Amended by Act No. 15474, Mar. 13, 2018> |
[This Article Newly Inserted by Act No. 9394, Jan. 30, 2009]
| Article 21 (Corrective Measures) |
Where the Agent Orange Veterans Association falls under any of the following cases, the Minister of Patriots and Veterans Affairs may order it to take necessary corrective measures:
| 1. | Where operating profit-making business, in violation of law or in a manner inconsistent with the purpose of its establishment; |
| 2. | Where using its earnings in a manner not conforming to a usage plan for earnings; |
| 3. | Where violating an instruction under any Act or subordinate statute determined by this Act or by Ordinance of the Prime Minister, or its articles of association. |
[This Article Wholly Amended by Act No. 13194, Feb. 3, 2015]
| Article 22 (Investigation and Inspection by Administrative Authorities) |
| (1) | If deemed necessary, the Minister of Patriots and Veterans Affairs may direct relevant public officials to investigate the accounting of the Agent Orange Veterans Association or inspect other documents. |
| (2) | In cases falling under paragraph (1), the relevant public official shall carry with him/her an identification card certifying his/her authority and present it to relevant persons. |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 23 (Request to Submit Reports, Data, etc.) |
If deemed necessary, the Minister of Patriots and Veterans Affairs may request the Agent Orange Veterans Association to submit a report or a document or other data.
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 24 (Grounds for Dissolution) |
The Agent Orange Veterans Association shall be dissolved for any of the following grounds:
| 1. | Occurrence of grounds for dissolution specified by the articles of association; |
| 2. | Resolution on dissolution adopted by a general meeting. |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 25 (Recovery of Allowances, etc.) |
| (1) | Where a person receives any of the following medical expenses, allowances, etc. (hereinafter referred to as “allowances, etc.”; hereinafter the same shall apply in this Article and Article 26) by fraud or other improper means; after having received allowances, etc., the ground for the eligibility for such allowances, etc. is terminated retrospectively; or where allowances, etc. are erroneously paid, the Minister of Patriots and Veterans Affairs shall recover the allowances, etc. such person has received: <Amended by Act No. 13605, Dec. 22, 2015> |
| 1. | Expenses for medical treatment provided for in Article 7; |
| 5. | Subsidies for long-term care assistance provided for in Article 8-4. |
| (2) | Where allowances, etc. which shall be recovered pursuant to paragraph (1) are not recovered within a given period, the Minister of Patriots and Veterans Affairs may collect them in the same manner as dispositions on default of national taxes. |
| (3) | Where the Minister of Patriots and Veterans fails to recover allowances, etc. pursuant to paragraph (2) due to the unknown whereabouts of a person liable to return such allowances or the lack of assets available to return such allowances, or in extenuating circumstances, the Minister may write off such allowances as deficits after resolution by the Commission. |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 26 (Discharge from Liability for Return) |
| (1) | Where the eligibility of a person to receive allowances, etc. under this Act is terminated retrospectively, due to any cause not attributable to such person, the Minister of Patriots and Veterans Affairs may discharge him/her from the liability for return, notwithstanding Article 25. <Amended by Act No. 13605, Dec. 22, 2015> |
| (2) | The scope of the discharge from liability under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 27 (Suspension of Assistances) |
| (1) | Where a patient suffering from potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants engages in any of the following conducts, the Minister of Patriots and Veterans Affairs shall fully or partially suspend the assistances for which he/she would be otherwise eligible under this Act and any other Act, for a fixed period of up to three years, after resolution by the Commission: |
| 1. | Coercing the provision of undue benefits to him/her or arranging such benefits, by taking advantage of his/her status; |
| 2. | Interfering with the execution of public duties by assaulting, intimidating, damaging properties, or in other unjustifiable manner; |
| 3. | Violating this Act or an order under this Act. |
| (2) | Where a patient suffering from potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants was sentenced by imprisonment without prison labor or heavier punishment by a court for committing a crime specified in the Criminal Act and the sentence becomes final and conclusive, the Minister of Patriots and Veterans Affairs shall suspend the payment of allowances for which he/she would otherwise be eligible in accordance with Article 7-3 (1) during the period for punishment from the month immediately after the month in which such sentence becomes final and conclusive: Provided, That this shall not apply to negligent offenders. |
[This Article Wholly Amended by Act No. 13605, Dec. 22, 2015.]
| Article 28 (Exclusion from Application of This Act) |
| (1) | Where a patient suffering from potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants, who is, or is to be, subject to this Act, falls under any of the following cases, the Minister of Patriots and Veterans Affairs shall exclude such person from those applicable under this Act and shall not provide such person with any assistance (including the assistance which the spouse or child of that person is entitled to receive in accordance with Articles 7-5 and 7-9) for which he/she would otherwise be eligible under this Act: <Amended by Act No. 10258, Apr. 15, 2010; Act No. 11556, Dec. 18, 2012; Act No. 11731, Apr. 5, 2013; Act No. 13605, Dec. 22, 2015; Act No. 13717, Jan, 6, 2016; Act No. 15027, Oct. 31, 2017; Act No. 15474, Mar. 13, 2018> |
| 1. | A person upon whom a sentence of imprisonment without prison labor or any heavier punishment imposed for a violation of the National Security Act, has become final and conclusive; |
| 3. | A person upon whom a sentence of imprisonment without prison labor for not less than one year or any heavier punishment imposed for committing any of the following crimes, has become final and conclusive: |
| (a) | Crimes provided for in Articles 250 through 253 and attempts to commit such crimes, the crime provided for in Article 264, the crime provided for in Article 279 or an attempt thereof, crimes provided for in Article 287 through 292 and 294, crimes provided for in Articles 297, 297-2, 298 through 301, 301-2, 302, 303 and 305, crime provided for in Article 322 (limited to habitual offenders of any crime provided for in Articles 329 through 331) or an attempt thereof, crimes provided for in Articles 333 through 336 or an attempt thereof, crimes provided for in Articles 337 through 339 or an attempt of any crime provided for in Article 337, the former part of Article 338 and Article 339, crime provided for in Article 341 or an attempt thereof, crime provided for in Article 351 (limited to habitual offenders of crimes provided for in Articles 347, 347-2 and 348, 350, 350-2) or an attempt thereof, and crime provided for in Article 363 of the Criminal Act; |
| 5. | A person who habitually engages in any conduct referred to in Article 27 (1). |
| (2) | Where the spouse or child of a patient suffering from potential aftereffects of defoliants, who receives, or is to receive, education assistance and employment assistance in accordance with Articles 7-5 and 7-9 falls under paragraph (1), the Minister of Patriots and Veterans Affairs shall not provide such assistance. <Newly Inserted by Act No. 13605, Dec. 22, 2015> |
| (3) | Where a person excluded from the application of this Act in accordance with paragraph (1) falls under any of the following cases, the Minister of Patriots and Veterans Affairs may, upon receipt of an application for registration filed under Article 4, determine that such person is subject to the re-application of this Act and provide assistance to him/her, only when he/she is deemed to show sincere repentance: Provided, That this shall not apply in cases falling under paragraph (1) 2: <Amended by Act No. 13605, Dec. 22, 2015; Act No. 14252, May 29, 2016> |
| 1. | Where three years have passed since the execution of the sentence of imprisonment was completed successfully (including where the execution of a sentence is deemed completed) or remitted after such person is sentenced to imprisonment without prison labor or heavier punishment; |
| 2. | Except as otherwise expressly provided for in subparagraph 1, where two years have passed since such person was excluded from the application of this Act. |
| (4) | The Minister of Patriots and Veterans shall exclude any person from the application of this Act based on the grounds specified in paragraph (1) 5; or shall determine the re-application of this Act to a person excluded from the application of this Act pursuant to paragraph (3), after resolution by the Commission. <Amended by Act No. 13605, Dec. 22, 2015; Act No. 14252, May 29, 2016> |
| (5) | Where the Minister of Patriots and Veterans Affairs intends to suspend the payment of allowances in accordance with Article 27 or exclude any person from the application of this Act in accordance with paragraphs (1) and (2), he/she may request the heads of the relevant agency to present materials concerning criminal records of the relevant persons or information on the internment of such persons in the correctional facility. <Amended by Act No. 13605, Dec. 22, 2015; Act No. 15027, Oct. 31, 2017> |
| (6) | Where the Commission intends to pass a resolution under paragraph (4), it shall provide a person subject to the relevant disposition or his/her agent with an opportunity to appear and state his/her opinion, as prescribed by Presidential Decree: Provided, that this shall not apply where it is impracticable to provide the person subject to the relevant disposition or his/her agent with an opportunity to state his/her opinion on the ground that he/she rejects such opportunity or his/her whereabouts is unknown. <Amended by Act No. 13605, Dec. 22, 2015> |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 29 (Data Research, etc.) |
| (1) | The Minister of Patriots and Veterans Affairs shall conduct data research, epidemiological investigations, and studies on the effects of defoliants on human health of the persons falling under any subparagraph of Article 4 (1), as may be necessary. <Amended by Act No. 15027, Oct. 31, 2017> |
| (2) | If deemed necessary, the Minister of Patriots and Veterans Affairs may request a specialized research institute or organization to conduct epidemiological investigations and studies under paragraph (1). |
| (3) | The outcomes of the epidemiological investigations and studies under paragraphs (1) and (2) may be utilized as guidelines for determinations under Article 4 (7). |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 30 (Reimbursement of Expenses) |
The following expenses shall be reimbursed by the State:
| 1. | Expenses incurred in medical examinations under Article 4 (4); |
| 2. | Deleted; <by Act No. 13605, Dec. 22, 2015> |
| 3. | Expenses incurred in data research, epidemiological investigations, and studies performed under Article 29. |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 31 (Request for Provision of Materials) |
| (1) | The Minister of Patriots and Veterans Affairs shall, in order to perform administrative affairs concerning the followings, request the head of a relevant agency to present information on resident registration, family relations registration, registration overseas Korean nationals, materials concerning military service, materials concerning national and local tax, materials concerning income and property, materials concerning various kinds of pensions and insurances such as the National Pension and the National Health Insurance, information on entry into or departure from the country, materials concerning statistics on death causes, etc. In such cases, the head of the relevant agency so requested shall comply with such request except in extenuating circumstance, such as the infringement, etc. of national secrets or of important secrets of individuals or enterprises: |
| 1. | Registration of patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliant under Articles 4 and 7 (5); |
| 2. | Reporting of any changes by patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliant under Article 4-2; |
| 5. | Investigations to verify qualifications for persons entitled to educational assistance under Article 7-7 (1); |
| 6. | Verification of the current status of recruitment or employment assistance rendered by institutions providing employment assistance under Article 7-9 (3); |
| 7. | Subsidization for long-term care assistance under Article 8-4; |
| 8. | Recovery of allowances, etc. and disposition on deficits under Article 25; |
| 10. | Exclusion from application of this Act under Article 28; |
| 11. | Data research, epidemiological investigations, and studies under Article 29. |
| (3) | No person who performs or has ever performed administrative affairs under paragraphs (1) and (2) shall inquire into or use the materials or information under paragraph (1) for other than purpose prescribed by this Act, or provide or divulge such materials or information to other persons or institutions. |
| (4) | The detailed scope of the materials or information which can be requested pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 15027, Oct. 31, 2017]
| Article 32 (Delegation and Entrustment) |
| (1) | The Minister of Patriots and Veterans Affairs may partially delegate his/her authority under this Act to the head of an agency affiliated to the Ministry of Patriots and Veterans Affairs or the head of a local government, or may partially entrust such authority to the head of any other administrative agency, as prescribed by Presidential Decree. |
| (2) | The Minister of Patriots and Veterans Affairs may entrust affairs concerning the payment of allowances, etc. to postal service offices or banks, as prescribed by Presidential Decree. |
| (3) | The Minister of Patriots and Veterans Affairs may entrust affairs concerning physical examinations of patients suffering from actual aftereffects of defoliants; patients suffering from potential aftereffects of defoliants; or second-generation patients suffering from actual aftereffects of defoliants to the heads of veterans hospitals, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13605, Dec. 22, 2015]
CHAPTER V PENALTY PROVISIONS
| Article 33 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 30 million won: <Amended by Act No. 13605, Dec. 22, 2015; Act No. 15027, Oct. 31, 2017> |
| 1. | A person who receives, or assists a third party in receiving, any assistance under this Act, by fraud or other improper means; |
| 2. | A person who uses, provides or discloses financial information, etc., in violation of Article 7-8 (6) (including where the provisions of Article 7-8 (6) shall apply mutatis mutandis in accordance to the latter part of Article 8-4 (2)); |
| 3. | A person who inquires into, uses, provides or divulges materials or information in violation of Article 31-3. |
| (2) | An attempt to commit a crime referred to in paragraph (1) 1 shall be punished. <Amended by Act No. 13605, Dec. 22, 2015> |
[This Article Newly Inserted by Act No. 8793, Dec. 21, 2007]
| Article 34 (Administrative Fines) |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 4. | A person who uses any similar name, in violation of Article 10. |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13605, Dec. 22, 2015]
| Article 35 Deleted. <by Act No. 9394, Jan. 30, 2009> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998.
Article 2 (Effective Period)
This Act shall be effective until December 31, 2012. <Amended by Act No. 6761, Dec. 5, 2002; Act No. 8793, Dec. 21, 2007; Act No. 11600, Dec. 21, 2012>
Article 3 (Transitional Measures concerning Determination, Registration, etc.)
| (1) | Notwithstanding the amended provisions of this Act, the procedures for the determination and registration of persons applicable under this Act (excluding second-generation patients suffering from actual aftereffects of defoliants) shall be governed by the former provisions until June 30, 1998. |
| (2) | Persons determined, or determined to be, and registered as, a patient suffering from actual or potential aftereffects of defoliants pursuant to the former provisions as at the time this Act enters into force shall be deemed to have been determined, or determined to be, and registered as, a patient suffering from actual or potential aftereffects of defoliants pursuant to this Act. |
| (3) | The main body of Article 4 (7) shall also apply to persons who filed an application for registration in accordance with the former provisions but whose application is still pending for deliberation or resolution by the Commission as at the time this Act enters into force. |
| (4) | An application filed for verification under the former provisions of Article 4 (1) before July 1, 1998 shall be deemed an application filed for registration under the amended provisions of Article 4 (1), if an application for registration under the former provisions of paragraph (3) of the said Article has not been filed and it shall be deemed to be filed on July 1, 1998. |
Article 4 (Special Cases concerning Patients Suffering from Potential Aftereffects of Defoliants, etc. at End of Effective Period)
| (1) | As to patients suffering from actual aftereffects of defoliants who receive compensation, etc. under Article 6 and bereaved family members of deceased patients suffering from actual aftereffects of defoliants under Article 8 as of the end of the effective period of this Act, this Act shall remain applicable until the compensation, etc. under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State is completed and, as to patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants who receive medical treatment, allowances, etc. under Article 7 as of the end of the effective period of this Act, it shall remain applicable until the medical treatment and the payment of allowances, etc, are completed. |
| (2) | As to a person who filed an application for the registration under Article 4 (1) but whose eligibility for the application has not been determined by the end of the effective period of this Act, this Act shall remain applicable until his/her eligibility is determined and compensation, etc. under Article 6 or assistance under Article 7 is completed. |
Article 5 (Transitional Measure concerning Extinctive Prescription)
The provisions of Article 11 shall apply to benefits and expenses of which an event or a cause for the payment occurs on or after the enforcement date of this Act.
ADDENDUM <Act No. 5679, Jan. 21, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6042, Dec. 28, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6264, Feb. 3, 2000>
This Act shall enter into force on July 1, 2000: Provided, That the part regarding the rating of injury in the amended provisions of Article 6 (1) and the amended provisions of Article 6-2 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6372, Jan. 16, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6647, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 5 (1) 12-2 and (2) 15 shall enter into force on July 1, 2002. Article 2 (Transitional Measure concerning Deliberation and Resolution by the National Merit Reward Commission)
A person who filed an application for registration in order to become eligible for the application of this Act but whose application is pending for deliberation or resolution by the National Merit Reward Commission under the former provisions of Article 4 (7) as at the time this Act enters into force shall be governed by the former provisions. Article 3 (Transitional Measures concerning Persons Already Registered as Patients Suffering from Potential Aftereffects of Defoliants with Diabetes)
| (1) | A person who was determined to be, and registered as, a patient suffering from potential aftereffects of defoliants pursuant to the former provisions of Article 5 (2) 15 as at the time this Act enters into force shall be deemed to have been determined to be, and registered as, a patient suffering from actual aftereffects of defoliants under this Act if he/she falls under the amended provisions of Article 5 (1) 12-2. |
| (2) | A person who filed an application for the registration of a patient suffering from potential aftereffects of defoliants on the ground of diabetes under the former provisions of Article 5 (2) 15 as at the time this Act enters into force shall be deemed to have filed an application for the registration of a patient suffering from actual aftereffects of defoliants under the amended provisions of Article 5 (1) 12-2. In such cases, the rating of injury and the rating of impairment shall be determined simultaneously at physical examinations under Article 6-2. |
ADDENDUM <Act No. 6761, Dec. 5, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6919, May 29, 2003>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 7791, Dec. 29, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on May 1, 2006. |
ADDENDA <Act No. 7873, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 7875, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 (1) 12-3 and 6 (4) shall enter into force on July 1, 2006. Article 2 (Transitional Measure concerning Compensation)
Where a person who was registered, or filed an application for registration, as a patient suffering from potential aftereffects of defoliants as at the time this Act enters into force is diagnosed as a patient suffering from actual aftereffects of defoliants after this Act enters into force, such a person shall be compensated accordingly from the month in which this Act enters into force, notwithstanding the amended provisions of Article 6 (4). Article 3 (Applicability to Time of Accrual of Rights)
The amended provisions of Article 7 (10) shall apply to persons who file an application for registration as a patient suffering from potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants on and after this Act enters into force: Provided, That a person who filed an application for registration before this Act enters into force shall be deemed to have filed the registration application on the enforcement date of this Act. Article 4 (Transitional Measures concerning Persons Registered as Patients Suffering from Potential Aftereffects of Defoliants with Chronic Lymphocytic Leukemia)
| (1) | If a person who was determined to be, and registered as, a patient suffering from potential aftereffects of defoliants pursuant to Article 5 (2) 12 before this Act enters into force falls under the amended provisions of Article 5 (1) 12-3, such person shall be deemed to have been determined to be, and registered as, a patient suffering from actual aftereffects of defoliants under this Act from July 1, 2006. |
| (2) | A person who filed an application for registration as a patient suffering from potential aftereffects of defoliants with chronic lymphocytic leukemia, a type of malignant tumor under Article 5 (2) 12, before this Act enters into force shall be deemed to have filed an application for registration as a patient suffering from actual aftereffects of defoliants under the amended provisions of Article 5 (1) 12-3. In such cases, the rating of injury and the rating of impairment shall be determined simultaneously at the physical examination under Article 6-2. |
Article 5 (Transitional Measure concerning Extinctive Prescription)
The extinctive prescription as to rights that have accrued as rights to receive allowances, etc. as at the time this Act enters into force and which have not lapsed by extinctive prescription under the former provisions shall be governed by Article 96 of the Budget and Accounts Act.
ADDENDUM <Act No. 8228, Jan. 3, 2007>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 18 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8793, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4-2, 27 (2), and 28 (1) 2 and 4 shall enter into force three months after the date of its promulgation. Article 2 Deleted. <by Act No. 11203, Jan. 17, 2012>
[This Article was deleted by Act No. 11203 on January 17, 2012 following the decision of unconstitutionality made by the Constitutional Court on June 29, 2006]
Article 3 (Transitional Measures concerning Persons Registered as Patients Suffering from Potential Aftereffects of Defoliants with Chronic Lymphocytic Leukemia)
| (1) | If a person who was determined to be, and registered as, a patient suffering from potential aftereffects of defoliants pursuant to Article 5 (2) 12 as at the time this Act enters into force falls under the amended provisions of Article 5 (1) 15, such a person shall be deemed to have been determined to be, and registered as, a patient suffering from actual aftereffects of defoliants under this Act from the date on which this Act enters into force. |
| (2) | A person who filed an application for registration as a patient suffering from potential aftereffects of defoliants with chronic lymphocytic leukemia, a type of malignant tumors under Article 5 (2) 12, before this Act enters into force shall be deemed to have filed an application for registration as a patient suffering from actual aftereffects of defoliants under the amended provisions of Article 5 (1) 15. In such cases, the rating of injury and the rating of impairment shall be determined simultaneously at the physical examination under Article 6-2. |
Article 4 (Transitional Measure concerning Determination, Registration, etc.)
As to a person who filed an application for registration as a second-generation patient suffering from actual aftereffects of defoliants in accordance with the former provisions and whose application is pending for deliberation or resolution by the National Merit Reward Commission as at the time this Act enters into force, the amended provisions of Article 4 (7) shall apply in determining whether such a person is eligible for the application of this Act. Article 5 (Transitional Measure concerning Change of Name of Organization)
The pre-existing Korean Disabled Veteran’s Association by Agent-Orange in Vietnam War as an incorporated association as at the time this Act enters into force shall be deemed the Korean Disabled Veteran’s Association by Agent-Orange in Vietnam War established pursuant to this Act.
Article 6 (Transitional Measures concerning Amendment of Articles of Association, etc.)
| (1) | The Agent Orange Veterans Association shall amend its articles of association pursuant to this Act and obtain approval from the Minister of Patriots and Veterans Affairs within five months after this Act enters into force. |
| (2) | The incumbent executive officers, secretary general, representatives, chapter heads, and sub-chapter heads of the Korean Disabled Veteran’s Association by Agent-Orange in Vietnam War as at the time when this Act enters into force shall be deemed executive officers, secretary general, representatives, chapter heads, and sub-chapter heads appointed pursuant to this Act: Provided, That when the articles of association amended pursuant to paragraph (1) conflict with the foregoing clause, the articles of association shall take precedence. |
ADDENDUM <Act No. 9394, Jan. 30, 2009>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 7-2, 20-2, 34, and 35 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11029, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 11203, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Compensation)
Where a person who was registered, or filed an application for registration, as a patient suffering from potential aftereffects of defoliants as at the time this Act enters into force, is classified as a patient suffering from actual aftereffects of defoliants pursuant to the amended provisions of Article 5 (1) after this Act enters into force, such person shall be compensated from the month in which this Act enters into force, notwithstanding Article 6 (4). Article 3 (Transitional Measures concerning Persons Registered as Patients Suffering from Potential Aftereffects of Defoliants with Parkinson’s Disease or Ischemic Cardiovascular Disease)
| (1) | If a person who was determined to be, and registered as, a patient suffering from potential aftereffects of defoliants pursuant to Article 5 (2) 6 or 17 as at the time this Act enters into force falls under the amended provisions of Article 5 (1) 16 or 17, such a person shall be deemed to have been determined to be, and registered as, a patient suffering from actual aftereffects of defoliants under this Act from the date on which this Act enters into force. |
| (2) | A person who filed an application for registration as a patient suffering from potential aftereffects of defoliants with Parkinson’s disease, a type of disorder of the central nervous system referred to in Article 5 (2) 6, or with ischemic cardiovascular disease under Article 5 (2) 17 as at the time this Act enters into force shall be deemed to have filed an application for registration as a patient suffering from actual aftereffects of defoliants under the amended provisions of Article 5 (1) 16 or 17. In such cases, the rating of injury and the rating of impairment shall be determined simultaneously at physical examinations under Article 6-2. |
Articles 4 (Relationship with Other Statutes)
ADDENDA <Act No. 11556, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11600, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Relations to Other Statutes)
ADDENDA <Act No. 11731, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13194, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 2 (b) of Article 2 shall enter into force on the date of its promulgation. Article 2 (Applicability concerning Earnings)
With respect to matters concerning the use of earnings under Article 21 of the Act on the Establishment of Associations by Persons, etc. of Distinguished Services to the State which applies mutatis mutandis pursuant to the amended provisions of Article 13-3 (3), this Act shall apply beginning with the usage plan for earnings for year of 2016. Article 3 (Applicability concerning Audit of Profit-Making Business)
With respect to matters concerning the audit of profit-making business under Article 22 of the Act on the Establishment of Associations by Persons, etc. of Distinguished Services to the State which applies mutatis mutandis pursuant to the amended provisions of Article 13-3 (3), this Act shall apply beginning with the audit of the operation of the profit-making business for year of 2015. Article 4 (Transitional Measures concerning Approval of Profit-Making Business)
Profit-making business of which the Agent Orange Veterans Association obtains approval from the Minister of Patriots and Veterans Affairs pursuant to the former provisions of Article 13-3 (1) as at the time this Act enters into force shall be deemed approved by the Minister of Patriots and Veterans Affairs by a resolution after deliberation of the Deliberative Committee on Welfare Services under Article 13-4 pursuant to the amended provisions of Article 13-3 (1)
ADDENDA <Act No. 13605, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Reimbursement of Some Expenses for Medical Treatment)
The amended proviso to Article 7 (7) shall apply beginning with the first patient suffering from potential aftereffects of defoliants or second-generation patient suffering from actual aftereffects of defoliants who files an application for registration under Article 4 (including where the head of a veterans hospital submits the result of a medical examination to the Minister of Patriots and Veterans Affairs in accordance with Article 7 (4)) and whose disability is rated after this Act enters into force; or who files an application for a physical examination for re-verification under Article 6-3 (2) 3 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State which shall apply mutatis mutandis in accordance with the amended provisions of Article 6-2, and whose disability is rated after this Act enters into force. Article 3 (Applicability to Education Assistance and Employment Assistance)
The amended provisions of Articles 7-5 (2) and 7-9 (1) shall apply beginning with the child of the first patient suffering from potential aftereffects of defoliants who files an application for registration under Article 4 (including where the head of a veterans hospital submits the result of a medical examination to the Minister of Patriots and Veterans Affairs in accordance with Article 7 (4)) and whose disability is rated after this Act enters into force; or who files an application for a physical examination for re-verification under Article 6-3 (2) 3 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State which shall apply mutatis mutandis in accordance with the amended provisions of Article 6-2 and whose disability is rated after this Act enters into force. Article 4 (Applicability to Suspension of Assistances)
The amended provisions of Article 27 (2) shall apply beginning with the first case where a patient suffering from potential aftereffects of defoliants or second-generation patient suffering from actual aftereffects of defoliants was sentenced to actual imprisonment without prison labor or heavier punishment for any offense committed after this Act enters into force and such sentence becomes final and conclusive. Article 5 (Applicability to Exclusion from Application of This Act)
| (1) | The amended provisions of Article 28 (1) 3 shall apply beginning with the first case where a patient suffering from potential aftereffects of defoliants or second-generation patient suffering from actual aftereffects of defoliants was sentenced to one year’s actual imprisonment without prison labor or heavier punishment for any offense committed after this Act enters into force and such sentence becomes final and conclusive. |
| (2) | The amended provisions of Article 28 (1) 4 shall apply beginning with the first case where a patient suffering from potential aftereffects of defoliants or second-generation patient suffering from actual aftereffects of defoliants was sentenced to one year’s actual imprisonment without prison labor or heavier punishment for any act committed after this Act enters into force and such sentence becomes final and conclusive. |
| (3) | The amended provisions of Article 28 (2) shall apply beginning with the first case where the spouse or child of a patient suffering from potential aftereffects of defoliants who receives, or is to receive, education assistance and employment assistance in accordance with the amended provisions of Articles 7-5 and 7-9, falls under Article 28 (1) for any act committed after this Act enters into force. |
Article 6 (Transitional Measures concerning Compensation to Bereaved Family of Deceased Patient Suffering from Actual Aftereffects of Defoliants, etc.)
| (1) | Notwithstanding the amended provisions of Article 8 (1), the former provisions thereof shall apply to compensation to a person registered as a bereaved family member of a deceased patient suffering from actual aftereffects of defoliants, etc. |
| (2) | Notwithstanding the amended provisions of Article 8 (1) and (2), the former provisions thereof shall apply to the registration of, or compensation to, a person who has applies for registration to become a bereaved family member of a deceased patient suffering from actual aftereffects of defoliants, etc. in accordance with the former provisions as at the time this Act enters into force. |
Article 7 Omitted.
ADDENDA <Act No. 13717, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13718, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14252, May 29, 2016>
ADDENDUM <Act No. 14833, Apr. 18, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15027, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 28 (1) 3 (b) shall enter into force on the dates of its promulgation. Article 2 (Applicability to Exclusion from Persons Subject to Application of This Act)
The amended provisions of Article 28 (1) 3 (b) shall also apply to patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliants who are registered pursuant to Articles 4 and 7 (5) before such amended provisions enter into force: Provided, That where they were registered before January 1, 1998, the above-mentioned provisions shall only apply to those persons, among them, for whom imprisonment without labor not exceeding one year or greater punishment was sentenced by a court for having committed the crime under the amended provisons of Article 28 (1) 3 (b) after January 1, 1998, and such sentence has become decisive and final.
ADDENDA <Act No. 15474, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 28 (1) 3 (a) shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Exclusion from Persons Subject to Application of This Act)
The amended provisions of Article 28 (1) 3 (a) shall also apply to patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliants who were sentenced by imprisonment without prison labor for at least one year by a court for committing an act in the same amended provisions and the sentence becomes final and conclusive.
ADDENDUM <Act No. 15701, Jun. 12, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16090, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 6 (Transitional Measures concerning Persons, etc. Registered as Patients Suffering from Potential Aftereffects of Defoliants due to Salivary Gland Cancer and Gallbladder Cancer)
| (1) | Any person who falls under the amended provisions of Article 5 (1) 19 and 20 among those who are determined and registered as patients suffering from potential aftereffects of defoliants as they fall under Article 5 (2) 12 as at the time this Act enters into force, shall be deemed those who were determined and registered as patients suffering from actual aftereffects of defoliants under this Act on or after this Act enters into force. |
| (2) | Any person who files an application for registration of patients suffering from potential aftereffects of defoliants due to salivary gland cancer or gallbladder cancer (including biliary tract cancer) among malignant tumors in Article 5 (2) 12 as at the time this Act enters into force, shall be deemed filed an application for registration of patients suffering from actual aftereffects of defoliants pursuant to the amended provisions of Article 5 (1) 19 and 20. In such cases, veterans disability ratings and disability ratings shall also be determined in physical examinations in Article 6-2. |
Article 6 (Transitional Measures concerning Compensation)
Any person who registers or files an application for registration as a patient from potential aftereffects of defoliants as at the time this Act enters into force and becomes a patient suffering from actual aftereffects of defoliants pursuant to the amended provisions of Article 5 (1) 19 and 20 after this Act enters into force, shall be compensated from the month to which the enforcement date of this Act belongs, notwithstanding Article 6 (4).
ADDENDUM <Act No. 16425, Apr. 30, 2019>
This Act shall enter into force on the date of its promulgation.