ACT ON COMPENSATION TO PERSONS WHO PERFORMED SPECIAL MISSIONS
Act No. 7122, Jan. 29, 2004
Amended by Act No. 7873, Mar. 3, 2006
Act No. 7978, Sep. 22, 2006
Act No. 9562, Apr. 1, 2009
Act No. 11042, Sep. 15, 2011
Act No. 12567, May 9, 2014
Act No. 12907, Dec. 30, 2014
Act No. 13779, Jan. 19, 2016
Act No. 16360, Apr. 23, 2019
The purpose of this Act is to promote the stabilization of the livelihood of persons who have made an extraordinary sacrifice for the nation in connection with a special military mission and their bereaved family members and contribute to the harmony of the nation by compensating them for their sacrifice as may be necessary.
| (1) | The definitions of terms used in this Act shall be follows: <Amended on Apr. 22, 2006> |
| 1. | The term "special military mission" means activities for the purpose of collecting information about specific matters in a specific form, which demand an extraordinary sacrifice to the nation; |
| 2. | The term "person who performed a special military mission" means a person who carried out a special military mission or received education and training for such a mission while he/she belonged to a military intelligence unit during a period specified by Presidential Decree between August 15, 1948 and December 31, 2002 and who is recognized as a person who performed a special military mission pursuant to Article 4 (2) 1; |
| 3. | The term "bereaved family member" means an heir to the estate of a person who performed a special military mission under the Civil Act. |
| (2) | Necessary matters concerning the determinations of eligibility as a person who performed a special military mission, the period of eligibility, and other relevant matters shall be prescribed by Presidential Decree. |
| Article 2-2 (Exclusion from Persons Eligible for Application of This Act) |
| (1) | A person upon whom a sentence of imprisonment without prison labor imposed for any of the following crimes has become final and conclusive shall be excluded from those eligible for the application of this Act: |
| 1. | A crime specified in Chapter I or Chapter II of Part II of the Criminal Act; |
| 3. | A crime specified in Article 29 , Article 32 , or Article 33 of the National Guard Act (referring to the Act enacted by the military administration with an unknown Act number on July 5, 1948 and then repealed by Act No. 1004 on January 20, 1962); |
| (2) | When a person has been excluded from those eligible for the application of this Act pursuant to paragraph (1) yet three years have passed since a sentence imposed upon him/her was completely executed or discharged, the Special Mission Committee under Article 4 may make a decision to again include such person in those eligible for the application of this Act and pay him/her compensation, only where the degree of the person's remorse is conspicuous and it has been determined to be so. |
[This Article Newly Inserted on Sep. 22, 2006]
| Article 3 (Surviving Family Members’ Entitlement) |
| (1) | A bereaved family member shall have a right to receive the payment of compensation and rewards under this Act in accordance with provisions applicable to inheritance of the estate in the Civil Act in force at the time when the person who performed a special military mission dies. |
| (2) | Notwithstanding paragraph (1), the payment for siblings and collateral relatives by blood of a person who performed a special military mission may be reduced by applying a prescribed rate to the total sum, as prescribed by Presidential Decree. <Amended on Sep. 22, 2006> |
| Article 4 (Committee for Deliberation on Compensation for Persons who Performed Special Military Missions) |
| (1) | The Special Mission Committee (hereinafter referred to as the "Committee") shall be installed under the Minister of National Defense for the purpose of deliberation and adoption of resolutions on matters regarding compensation for persons who performed special military missions and their bereaved family members. <Amended on Dec. 30, 2014> |
| (2) | The functions of the Committee shall be as follows: |
| 1. | Matters concerning whether a person qualifies as a person who performed a special military mission or as one of his/her bereaved family members; |
| 2. | Matters concerning the payment of compensation and rewards to persons who performed special military missions and their bereaved family members; |
| 3. | Assistance to organizations related to persons who performed special military missions; |
| 4. | Other matters specified by Presidential Decree as those related to compensation. |
| (3) | The Committee shall be comprised of not more than 15 members, including one chairperson. |
| (4) | Committee members shall be commissioned or appointed by the Minister of National Defense from among competent public officials and persons with ample knowledge and experience, as prescribed by Presidential Decree. <Amended on Dec. 30, 2014> |
| (5) | Other necessary matters concerning the organization and operation of the Committee shall be prescribed by Presidential Decree. |
| Article 5 (Prohibition of Divulgence of Confidential Information) |
| (1) | A person who serves or served as a member or an employee of the Committee or any person who is or was dispatched or commissioned to the Committee to carry out the affairs of the Committee shall not divulge any confidential information made known to him/her in the course of performing his/her duties, except as otherwise provided for expressly in this Act. |
| (2) | The Committee may omit to give notice to a person who performed a special military mission or his/her family members of any relevant fact that it finds to be likely to affect the national security seriously in connection with a matter under any subparagraph of Article 4 (2). |
| (1) | Compensation shall be paid to each person who performed a special military mission according to the grade determined in consideration of the time, period, and form of service. |
| (2) | Necessary matters concerning the guidelines and method for the payment of compensation under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 7 (Special Reward for Meritorious Service) |
| (1) | A special reward for meritorious service may be provided to a person who successfully carried out a special mission, while a reward for meritorious service may be provided to a person who received education and training in relation to a special military mission. |
| (2) | Necessary matters concerning the guidelines and method for the payment of special rewards for meritorious services and rewards for meritorious service under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Special Payment for Mental Suffering) |
| (1) | A special payment for mental suffering may be provided to the estate of a person who died, a person who is confirmed missing, or a person who sustained a physical disability in the course of carrying out a special mission or to his/her bereaved family members. |
| (2) | Necessary matters concerning the guidelines and method for the provision of a special payment for mental suffering under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 9 (Restrictions on Payment of Compensation) |
| (1) | A person who received a payment for mental suffering paid by the State since the time the Act entered into force, December 2002, shall be paid the difference between the total sum of the compensation, special reward for meritorious service, reward for meritorious service, and special payment for mental suffering under Articles 6 through 8 (hereinafter referred to as "compensation and rewards") and the amount that he/she received. |
| (2) | If the Committee finds that a person who performed a special military mission has received reasonable compensation, as salary and bonus for the special military mission, while he/she was in service, such a person shall be paid the difference between the amount of compensation and rewards under this Act and the amount already paid, minus an amount calculated by converting the amount already paid into its present value, considering the level of prices and other relevant factors. |
| (3) | Necessary matters concerning the conversion method and the guidelines for the payment under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 10 (Application for Compensation and Rewards) |
| (1) | A person who intends to apply for the payment of compensation and rewards as a person who performed a special military mission or a bereaved family member of such person (hereinafter referred to as "applicant") shall file a written application for the payment of compensation and rewards with the Committee, along with relevant evidential documents attached thereto, as prescribed by Presidential Decree. |
| (2) | Applications for the payment of compensation and rewards under paragraph (1) shall be filed within six months after this Act enters into force. <Amended on Sep. 22, 2006; Apr. 1, 2009; May 9, 2014; Jan. 19, 2016; Apr. 23, 2019> |
| Article 11 (Payment Decisions) |
The Committee shall make a decision on whether to pay compensation and rewards and the amount of such payment within five months from the day on which an application for the payment of compensation and rewards is filed: Provided, That the foregoing shall not apply to cases where the committee has a reasonable ground for being unable to make a decision within the period.
| Article 12 (Service of Written Decisions) |
| (1) | Whether the Committee makes a decision to pay or not to pay compensation and rewards, it shall serve the applicant with the original of a written decision within 30 days. |
| (2) | As to the service under paragraph (1), provisions applicable to service of documents in the Civil Procedure Act shall apply mutatis mutandis. |
| (1) | An applicant who has an objection to a decision made pursuant to Article 11 may file a petition for review with the Committee within 30 days from the day on which he/she is served with the written decision under Article 12. |
| (2) | As to the review under paragraph (1), Articles 11 and 12 shall apply mutatis mutandis. In such cases, the term "five months" in Article 11 shall be construed as "three months." |
| Article 14 (Applicant's Consent and Payment of Compensation and Rewards) |
| (1) | When an applicant who receives the original of a written decision on compensation intends to receive compensation and rewards, he/she shall file an application for the payment of compensation and rewards with the Committee, along with a written consent to the decision attached thereto. |
| (2) | Other necessary matters concerning the procedure for the payment of compensation and rewards shall be prescribed by Presidential Decree. |
| Article 15 (Protection of Rights to Payment of Compensation and Rewards) |
A right to receive payment of compensation and rewards shall not be transferred, assigned, or offered as security, nor shall it be subject to seizure.
| Article 16 (Exemption from Taxes) |
No national or local tax shall be imposed on compensation and rewards.
| Article 17 (Decision-Prepositive Principle) |
| (1) | A lawsuit seeking the payment of compensation and rewards may be filed only after a decision on the payment or dismissal of the application is made by the Committee: Provided, That the foregoing shall not apply to cases where five months have lapsed since the filing date of an application for payment. |
| (2) | A lawsuit under paragraph (1) shall be filed within 60 days from the date on which the original of a written decision (or the original of a written decision on review) is served. |
| Article 17-2 (Effect of Consent to Decision on Payment) |
When an applicant consents to a decision on the payment of compensation and rewards under this Act, it shall be deemed a judicial conciliation concluded pursuant to the provisions of the Civil Procedure Act with regard to injuries sustained while carrying out a special military mission or receiving education and training for such mission. [This Article Newly Inserted on Sep. 22, 2006]
| Article 18 (Recovery of Compensation and Rewards) |
| (1) | Where a person to whom compensation and rewards under this Act have been paid falls under any of the following subparagraphs, the State shall recover the compensation and rewards fully or partially: |
| 1. | Where the compensation and rewards have been obtained by fraud or other wrongful means; |
| 2. | Where the payment has been made by mistake. |
| (2) | When a person is to return compensation and rewards pursuant to paragraph (1) fails to return the amount concerned within a given period, such compensation and rewards may be collected in the same manner as delinquent national taxes are collected. |
| Article 19 (Factual Investigation) |
| (1) | Where the Committee hears testimony or a statement from a person who performed a special military mission, a witness, or a reference witness for the examination on the payment of compensation and rewards or where it considers necessary, it may conduct verification or investigation and may request the head of an agency concerned to provide cooperation as may be necessary. In such cases, the head of the agency concerned shall comply with such request without delay, unless there is an exceptional circumstance to the contrary. |
| (2) | Anyone is free to submit data or give testimony to the Committee on the performance of a special military mission in connection with the payment of compensation and rewards, and no one shall be prejudiced because of such submission of data or testimony. |
| Article 20 (Extinctive Prescription) |
A right to receive the payment of compensation and rewards shall become extinct by prescription if the right is not exercised within three years from the day on which the applicant is served with the original of the relevant written decision.
| Article 21 (Subsidies for Related Organizations) |
The State may subsidize part of the costs and expenses incurred to a nonprofit legal entity or organization established for the purpose of commemorating persons who performed a special military mission, as prescribed by Presidential Decree.
| Article 22 (Restrictions on Formation of Organizations) |
Except as provided for expressly in this Act, no one shall form an organization for profit or conduct organizational or individual activities on the pretext of supporting persons who performed a special military mission or their bereaved family members.
| Article 23 (Penalty Provisions) |
| (1) | A person who received, or aided and abetted another person to receive, compensation and rewards by fraud or other improper means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on May 9, 2014> |
| (2) | A person who violated Article 5 (1) shall be punished by imprisonment with labor for not more than two years, by suspension of qualification for not more than five years, or by a fine not exceeding 20 million won. <Amended on May 9, 2014> |
| (3) | A person who violated Article 22 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on May 9, 2014> |
| (4) | An attempt to commit an offense under paragraph (1) shall be punished. |
| Article 24 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
A member or an employee of the Committee who is not a public official shall be deemed a public official for the purpose of applying the penal provisions of the Criminal Act or any other Act.
| Article 25 (Relationship with Other Acts) |
Where a person who performed a special military mission receives the veteran payments under the Act on the Honorable Treatment of and Support of Persons, etc. of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran’s Compensation, such payments shall be taken into consideration in calculating the compensation under Article 6. <Amended on Mar. 3, 2006; Sep. 15, 2011>
ADDENDA <Act No. 7122, Jan. 29, 2004>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measure concerning Applications for Compensation and Rewards) If there is a case pending in a court in regard to the performance of a special military mission at the time this Act enters into force, such case shall be deemed an application filed pursuant to Article 10 on the enforcement date of this Act. |
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. 7978, Sep. 22, 2006>
| (1) | (Enforcement Date) This Act shall enter into force on November 1, 2006. |
| (2) | (Applicability to Effect of Consent to Decision on Payment) The amended provisions of Article 17-2 shall apply to cases where an applicant first consents to a decision made on the payment of compensation and rewards after this Act enters into force. |
ADDENDUM <Act No. 9562, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDUM <Act No. 12567, May 9, 2014>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 23 (1) through (3) shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12907, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 (Transitional Measures concerning Changes etc. of the Organizational Belonging of Committee for Deliberation on Compensation for Persons who Performed Special Military Missions)
| (1) | The Committee for Deliberation on Compensation for Persons who Performed Special Military Missions under the previous provisions of Article 4 (1) as at the time this Act enters into force shall be deemed the Committee for Deliberation on Compensation for Persons who Performed Special Military Missions under the amended provisions of Article 4 (1). |
| (2) | A member of the Committee for Deliberation on Compensation for Persons who Performed Special Military Missions who is commissioned or appointed under the previous provisions of Article 4 (4) as at the time this Act enters into force shall be deemed a member of the Committee for Deliberation on Compensation for Persons who Performed Special Military Missions who is commissioned or appointed under the amended provisions of Article 4 (4). |
ADDENDUM <Act No. 13779, Jan. 19, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16360, Apr. 23, 2019>
This Act shall enter into force one month after the date of its promulgation.