ACT ON HONORABLE TREATMENT OF WAR VETERANS AND ESTABLISHMENT OF RELATED ASSOCIATIONS
Wholly Amended by Act No. 6258, Jan. 28, 2000
Amended by Act No. 6590, Dec. 31, 2001
Act No. 6649, Jan. 26, 2002
Act No. 6922, May 29, 2003
Act No. 7485, Mar. 31, 2005
Act No. 7649, Jul. 29, 2005
Act No. 7873, Mar. 3, 2006
Act No. 8230, Jan. 3, 2007
Act No. 9079, Mar. 28, 2008
Act No. 9465, Feb. 6, 2009
Act No. 11205, Jan. 17, 2012
Act No. 11818, May 22, 2013
Act No. 11946, Jul. 26, 2013
Act No. 13198, Feb. 3, 2015
Act No. 13609, Dec. 22, 2015
Act No. 14260, May 29, 2016
Act No. 15033, Oct. 31, 2017
Act No. 15478, Mar. 13, 2018
Act No. 16429, Apr. 30, 2019
Act No. 17117, Mar. 24, 2020
Act No. 17119, Mar. 24, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to upholding the honor of war veterans and cultivating the spirit of patriotism among the people by according appropriate honorable treatment and support to war veterans who have contributed, and devoted themselves, to the Republic of Korea.
[This Article Wholly Amended on Dec. 22, 2015]
The terms used in this Act are defined as follows:
| 1. | The term "Korean War" means battles prescribed in attached Table among the battles which occurred from June 25, 1950 through July 27, 1953 and the battles which occurred from August 15, 1948 through June 30, 1955; |
| 2. | The term "war veterans" means any of the following persons: Provided, That the foregoing shall not apply to persons sentenced to imprisonment or more severe punishment for a crime while participating in the Korean War or the Vietnam War, July 18, 1964 to March 23, 1973, who were dishonorably discharged or dismissed: |
| (a) | Military personnel who participated in the Korean War and were discharged from military service (including retirement or exemption from military service; hereinafter the same shall apply); |
| (c) | Police officers who participated in the Korean War and were retired from service; |
| (d) | Persons whom the Minister of National Defense deems to have participated in the Korean War (including young volunteers who participated in the Korean War without military obligations) or the Vietnam War; |
| (e) | Persons whom the Commissioner of the Korean National Police Agency deems to have participated in the Korean War under the direction and control of the head of a police office, such as the head of a police station. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 3 (Persons Subject to This Act) |
Persons registered as war veterans pursuant to Article 5 shall receive honorable treatment under this Act. [This Article Wholly Amended on Dec. 22, 2015]
| Article 4 (Responsibilities and Obligations of the State) |
The State and local governments shall implement the following programs to provide honorable treatment and support to war veterans:
| 1. | A program to uphold the honor of war veterans; |
| 2. | A program to inherit the patriotism of war veterans; |
| 3. | A program to promote the welfare of war veterans; |
| 4. | A program to promote friendship with the combatant nations in the Korean War. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 4-2 Deleted. <Mar. 24, 2020> |
| Article 4-3 (Day of Soldiers Dispatched Overseas) |
The State may designate the Day of Soldiers Dispatched Overseas; and hold events where the State deems it necessary to honor the sacrifices and contributions of soldiers dispatched overseas.
[This Article Newly Inserted on May 29, 2016]
| Article 5 (Registration and Determination) |
| (1) | A war veteran who intends to be subject to this Act shall file an application for registration with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. |
| (2) | Upon receipt of an application for registration under paragraph (1), the Minister of Patriots and Veterans Affairs shall ascertain whether an applicant qualifies as a war veteran and determine whether he or she will register the applicant as a war veteran, as prescribed by Presidential Decree. |
| (3) | Among the following persons, a person objectively deemed to qualify under subparagraph 2 of Article 2 based upon a written application for the relevant registration, shall be deemed registered as a war veteran under this Act on the date he or she is registered: |
| (4) | The Minister of Patriots and Veterans Affairs shall immediately ascertain whether a person falling under paragraph (3) is a war veteran subject to this Act; and, where the person is a war veteran subject to this Act, the Minister of Patriots and Veterans Affairs shall notify the person that he or she has been registered as a war veteran pursuant to paragraph (3). |
| (5) | The Minister of Patriots and Veterans Affairs may record a person, who dies before registration under paragraphs (1) and (2) even though he or she was a war veteran under subparagraph 2 of Article 2, as a war veteran and accord honorary treatment to, and manage, him or her as a war veteran. <Newly Inserted on May 29, 2016> |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 5-2 (Reporting of Changes in Personal Circumstances) |
| (1) | Where a war veteran registered pursuant to Article 5 falls under any of the following, the person, his or her bereaved family or family shall immediately report the fact to the Minister of Patriots and Veterans Affairs, as prescribed by Prime Ministerial Decree: <Amended on Dec. 22, 2015> |
| 1. | Where he or she is deceased; |
| 2. | Where he or she falls under Article 38 (2) or 39 (1); |
| 3. | Where he or she has lost Korean nationality; |
| 4. | Where he or she has been missing for at least one year; |
| 5. | Where he or she falls under subparagraph 4, in whose case the reason therefor ceases to exist; |
| 6. | Where his or her name, domicile, or the date of his or her birth has been changed; |
| 7. | Where his or her records pertaining to participation in the Korean War or the Vietnam War, or other military records have been revised or rectified. |
| (2) | Upon receipt of a report under paragraph (1), the Minister of Patriots and Veterans Affairs shall immediately take any of the following measures; and shall inform a person who has filed the report of the details thereof and the ground therefor: <Amended on Dec. 22, 2015> |
| 2. | Payment of an unpaid allowance for honorable participation in the war or withdrawal of a paid allowance for honorable participation in the war; |
| 3. | Other measures prescribed by Prime Ministerial Decree. |
| (3) | In order to ascertain changes in personal circumstances under paragraph (1), the Minister of Patriots and Veterans Affairs may request necessary data from a war veteran, his or her bereaved family or family. In such cases, a person in receipt of a request to submit data shall comply therewith, except in extenuating circumstances. <Newly Inserted on Dec. 22, 2015> |
[This Article Newly Inserted on Jan. 26, 2002]
[Title Amended on Dec. 22, 2015]
CHAPTER II HONORABLE TREATMENT AND SUPPORT
| Article 6 (Wartime Veterans Pension) |
| (1) | The Minister of Patriots and Veterans Affairs shall pay the wartime veterans pension to war veterans over 65 years of age in order to uphold the honor of participation in the war: Provided, That where a person eligible for the wartime veterans pension (hereinafter referred to as "person eligible for pension") falls under any of the following, the Minister of Patriots and Veterans Affairs shall pay either the wartime veterans pension or the following veterans benefits or allowances, which the person eligible for pension selects: |
| (2) | The wartime veterans pension shall be paid from the month to which the date a person attains the age eligible for the wartime veterans pension under paragraph (1) falls in the month the grounds provided in Article 5-2 (1) 1, 2 and 4 arise: Provided, That where the person applies for registration under Article 5 (1) past the age eligible for the wartime veterans pension, the wartime veterans pension shall be paid from the month the person applies for registration. |
| (3) | Even where a war veteran has lost Korean nationality, the wartime veterans pension may be paid to the war veteran. |
| (5) | Where the person eligible for pension opens and designates a bank account in his or her name dedicated to wartime veterans pension payments, the wartime veterans pension to be paid pursuant to the main sentence of paragraph (4) shall be deposited into the bank account. |
| (7) | The wartime veterans pension shall be paid on a monthly basis, in an amount, etc. prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 6-2 (Protection of Rights) |
| (1) | No entitlement to the wartime veterans pension shall be transferred, seized; or pledged as collateral. |
| (2) | No person shall seize receivables regarding any amount not exceeding that prescribed by Presidential Decree among the monthly wartime veterans pension deposited pursuant to Article 6 (5) based upon standard median income (hereinafter referred to as "standard median income") under subparagraph 11 of Article 2 of the National Basic Living Security Act. |
| (3) | Notwithstanding paragraphs (1) and (2), where a wartime veterans pension, etc. is withdrawn pursuant to Article 36, the wartime veterans pension payments under Article 6 (1) may be seized. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 7 (Medical Support) |
| (1) | Where a war veteran receives medical treatment in a medical institution established and operated by the State or a local government (including a veterans hospital under Article 7 of the Korea Veterans Health Service Act), such medical expenses shall be reduced or exempted not to exceed expenses to be borne by the war veteran, as prescribed by Presidential Decree; and expenses so reduced or exempted shall be borne by the State. <Amended on Dec. 22, 2015> |
| (2) | The State may entrust medical treatment of war veterans over 75 years of age to a medical institution not established and operated by the State or local governments. In such cases, such medical expenses shall be reduced or exempted not to exceed expenses to be borne by each war veteran, as prescribed by Presidential Decree; and expenses so reduced or exempted shall be borne by the State. <Amended on Dec. 22, 2015> |
| (3) | Criteria for medical support, such as methods and procedures for providing medical treatment or subsidizing medical expenses, the scope and upper limit of medical treatment or medical subsidies under paragraphs (1) and (2), shall be prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Dec. 22, 2015> |
[Title Amended on Dec. 22, 2015]
| Article 8 (Support for Care of Elderly People) |
| (1) | A nursing facility established and operated by the State or a local government may provide support to a war veteran over 65 years of age who has no person obligated to support him or her (including where a person obligated to support him or her is incapable of providing support prescribed by Presidential Decree). |
| (2) | The State may entrust support for care of elderly people under paragraph (1) to a nursing facility not established and operated by the State or a local government; and the State shall bear expenses incurred in providing such support. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 8-2 (Subsidizing Nursing Care) |
| (1) | The Minister of Patriots and Veterans Affairs may subsidize some expenses to be borne by a war veteran who receives benefits for home care services or domiciliary care services under Article 23 (1) 1 or 2 of the Long-Term Care Insurance Act to such veteran based upon the standard of living, such as standard median income. |
| (2) | Necessary matters, such as specific criteria for selecting persons eligible for subsidies under paragraph (1) and the amounts of subsidies to be paid, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 8-3 (Application for Payment of Subsidies for Nursing Care) |
| (1) | A person who intends to receive a subsidy for nursing care (hereinafter referred to as "person who wishes to receive a subsidy") pursuant to Article 8-2 shall file an application for the subsidy with the Minister of Patriots and Veterans Affairs. |
| (2) | Where a person who wishes to receive a subsidy files an application pursuant to paragraph (1), the person and a person obligated to support the person (referring to his or her spouse, parent, child and spouse of his or her child who has a duty to support him or her; hereafter in Articles 8-5 and 8-5, the same shall apply) shall submit a document giving consent to provide the following data or information: |
| 3. | Premiums paid after purchasing insurance under the subparagraphs of Article 4 (1) of the Insurance Business Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information"). |
| (3) | Upon receipt of an application under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether he or she will pay a subsidy based on the findings of an inspection under Article 8-4. |
| (4) | Necessary matters regarding methods and procedures for filing applications for a subsidy for nursing care under paragraph (1); and methods, procedures, etc. for giving consent under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 8-4 (Inspection or Questioning) |
| (1) | In order to ascertain whether the entitlement to a subsidy for nursing care has arisen or been lost, the Minister of Patriots and Veterans Affairs may request a person who wishes to receive the subsidy, a recipient of the subsidy (referring to a war veteran who receives the subsidy for nursing care; hereinafter, the same shall apply) and a person obligated to support such person or recipient to submit necessary documents and other data regarding income, assets, etc.; and may require public officials under his or her jurisdiction to access the residence of the person who wishes to receive the subsidy, the recipient of the subsidy and the person obligated to support such person or recipient and other necessary places, to inspect documents, etc. or to ask the relevant persons necessary questions. |
| (2) | A person who has access, conducts inspection or asks questions pursuant to paragraph (1) shall carry a certificate indicating his or her authority and produce it to relevant persons. |
| (3) | Where a person who wishes to receive a subsidy, a recipient of a subsidy or a person obligated to support such person or recipient refuses to submit documents or data; or refuses, interferes with or evades an inspection or question under paragraph (1), the Minister of Patriots and Veterans Affairs may reject an application for a subsidy for nursing care or suspend paying the subsidy for nursing care. |
| (4) | Necessary matters regarding the scope, timing and details of inspections and questions under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 8-5 (Provision of Financial Information) |
| (4) | The head of a finance company, etc. providing financial information, etc. pursuant to paragraph (3) shall notify a legal title-holder that he or she has provided financial information, etc.: Provided, That upon consent of the legal title-holder, such notice may be omitted, notwithstanding 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality. |
| (5) | A request for financial information, etc. shall be filed and the financial information, etc. shall be provided under paragraphs (1) through (3) through the information and communications network: Provided, That the foregoing shall not apply, in extenuating circumstances, such as where the information and communications network malfunctions. |
| (6) | No person who engages or has engaged in affairs under paragraphs (1) and (2) shall use financial information, etc. he or she has obtained while conducting affairs for other than the purposes prescribed by this Act; or provide or divulge such financial information, etc. to other persons or institutions. |
| (7) | Necessary matters regarding requests for financial information, etc., providing such, etc. under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 8-6 (Patriots and Veterans Home-Care Service) |
| (1) | The Minister of Patriots and Veterans Affairs may provide the following persons with patriots and veterans home-care services which assist them with household affairs, health care, emotional activities, etc. at home to ensure that they live their lives comfortably: |
| 2. | Spouses of persons falling under subparagraph 1 (referring to spouses under Article 5 (1) 1 and (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State). |
| (2) | A person who intends to receive assistance under paragraph (1) shall file an application for such assistance with the Minister of Patriots and Veterans Affairs. |
| (3) | The detailed standards for selecting the beneficiary of the services and assistance under paragraph (1) shall be determined by the Minister of Patriots and Veterans Affairs. |
[This Article Newly Inserted on Apr. 30, 2019]
| Article 9 (Burial at Cemetery) |
| (1) | The remains of a registered war veteran may be buried or lay in state in a cemetery created or to be created by the State or in a facility for which the State or a local has borne at least 50 percent of creation expenses (hereinafter referred to as "cemetery") as the person or his or her bereaved family pleases: Provided, That the foregoing shall not apply to a person falling under Article 39 (1). <Amended on Jul. 29, 2005; May 22, 2013; Dec. 22, 2015> |
| (2) | Where the bereaved family of a war veteran (excluding a person falling under the proviso to paragraph (1)) who dies before registration under Article 5, wishes, the war veteran’s remains may be buried or lay in state in the cemetery. <Amended on Dec. 22, 2015> |
| (3) | The spouse of a person buried or laid in state in the cemetery may be buried together with the person as the person or his or her bereaved family wishes. <Amended on Dec. 22, 2015> |
| (4) | Where a war veteran is deceased, the Minister of Patriots and Veterans Affairs may pay a subsidy for his or her funeral or other subsidies within budgetary limits: Provided, That where his or her remains are buried or lay in state in a national cemetery or the cemetery, the Minister of Patriots and Veterans Affairs shall not pay a subsidy for his or her funeral. <Amended on Dec. 22, 2015> |
| (5) | Article 13 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State shall apply mutatis mutandis to persons eligible to subsidies for funerals under paragraph (4) and the priority order of such persons. In such cases, where no bereaved family exists under Article 13 of said Act, the Minister of Patriots and Veterans Affairs may pay such subsidy to an heir or heiress to property upon request by the relevant heir or heiress to property among relatives cohabitating when a war veteran dies, and where no person becomes an heir or heiress to property, the Minister of Patriots and Veterans Affairs may pay such subsidy to a person who holds his or her funeral. <Amended on Dec. 22, 2015> |
| (6) | Necessary matters regarding the scope of persons eligible for interment in the cemetery under paragraphs (1) through (3), the assignment of locations, methods and procedures for filing an application shall be prescribed by Prime Ministerial Decree. <Amended on Dec. 22, 2015> |
| (7) | Deleted. <Dec. 22, 2015> |
[Title Amended on Jan. 26, 2002; Jul. 29, 2005]
| Article 10 (Support for Using Old Palaces) |
The State or a local government may allow war veterans to use facilities, such as old palaces and parks, managed by the State or a local government free of charge or at reduced admission fees, as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 22, 2015]
| Article 11 (Time When Entitlement Begins) |
Entitlement to honorable treatment and support pursuant to this Act shall begin from the month a war veteran files an application for registration under Article 5 (1) and (3): Provided, That where the war veteran files an application for a subsidy pursuant to Article 8-3 (1), entitlement to the relevant subsidy shall begin from the month such application is filed. [This Article Wholly Amended on Dec. 22, 2015]
| Article 12 (Funds for Programs) |
[This Article Wholly Amended on Dec. 22, 2015]
The State or a local government may pay subsidies to corporations that implement programs, etc. to uphold the honor of war veterans and to inherit the patriotism of war veterans, within budgetary limits. <Amended on Dec. 22, 2015>
[This Article Newly Inserted on May 29, 2003]
| Article 12-3 (Preferential Housing Supply) |
| (1) | The State or a local government may supply residential houses built by the State or the local government or built with financial assistance from the State or local government finance or the housing and urban fund under the Housing and Urban Fund Act preferentially to veterans discharged from long-term service in consideration of the non-homeownership period and standards of living, etc., as prescribed by Presidential Decree. |
| (2) | A project operator constructing and supplying privately constructed housing pursuant to Article 54 of the Housing Act may preferentially supply some of the whole units of the privately constructed and supplied housing to veterans discharged from long-term service. |
| (3) | A person who intends to be supplied with the housing under paragraph (1) or (2) shall apply to the Minister of Patriots and Veterans. In such cases, Articles 8-2 through 8-4 shall apply mutatis mutandis to application procedures for housing supply and procedures to ascertain the standards of living of the applicant. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 13 Deleted. <Dec. 31, 2001> |
| Article 14 Deleted. <Dec. 31, 2001> |
| Article 15 Deleted. <Dec. 31, 2001> |
| Article 16 Deleted. <Dec. 31, 2001> |
| Article 17 Deleted. <Dec. 22, 2015> |
CHAPTER III ESTABLISHMENT OF AND SUPPORT FOR ASSOCIATIONS
| Article 18 (Establishment of Korean War Veterans Association) |
| (1) | The Korean War Veterans Association (hereinafter referred to as the "Korean War Veterans Association") shall be established to promote friendship through mutual assistance among the Korean war veterans and to improve the rights and interests of the members thereof. |
| (2) | The Korean War Veterans Association shall be a corporation. |
| (3) | The Korean War Veterans Association shall be duly formed by completing registration for its establishment with the registry at the seat of its headquarters after obtaining approval of its articles of association from the Minister of Patriots and Veterans Affairs. |
| (4) | Except as otherwise expressly provided for in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the Korean War Veterans Association. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 18-2 (Establishment of Vietnam War Veterans Association of Republic of Korea) |
| (1) | The Vietnam War Veterans Association of the Republic of Korea (hereinafter referred to as the "Vietnam War Veterans Association") shall be established to promote friendship through mutual assistance among persons under subparagraph 2 (b) and (d) of Article 2 and to improve the rights and interests of the members thereof. <Amended on Dec. 22, 2015> |
| (2) | The Vietnam War Veterans Association shall be a corporation. |
| (3) | The Vietnam War Veterans Association shall be duly formed by completing registration for its establishment with the registry at the seat of its headquarters after obtaining approval of its articles of association from the Minister of Patriots and Veterans Affairs. |
| (4) | Articles 20 through 24, 24-2 through 24-7, 25 through 34 and 42 shall apply mutatis mutandis to the organization, executives, etc. of the Vietnam War Veterans Association. <Amended on Dec. 22, 2015> |
| (5) | Except as otherwise expressly provided for in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the Vietnam War Veterans Association. |
[This Article Newly Inserted on Jan. 17, 2012]
| Article 19 (Requirements for Membership) |
[This Article Wholly Amended on Jan. 17, 2012]
| Article 20 (Organization) |
| (1) | The Korean War Veterans Association may have headquarters, branches and chapters. |
| (2) | The headquarters of the Korean War Veterans Association shall be established in Seoul Metropolitan City; branches shall be established in Seoul Metropolitan City, Metropolitan Cities, Dos and Special Self-Governing Province; and chapters shall be established in Sis (including administrative Sis; hereinafter the same shall apply)/Guns/Gus (referring to autonomous Gus; hereinafter the same shall apply). |
| (3) | Where the Minister of Patriots and Veterans Affairs deems it necessary based upon the number of members, geographical conditions, etc., he or she may request the Korean War Veterans Association to establish one branch or chapter by integrating adjacent Dos or Sis/Guns/Gus. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 21 (Executive Officers) |
| (1) | The headquarters of the Korean War Veterans Association shall have the following executive officers: |
| 2. | Not more than five vice chairpersons; |
| 3. | Not more than 10 directors; |
| (2) | The Korean War Veterans Association shall have one secretary general. |
| (3) | The Korean War Veterans Association shall elect the chairperson, vice chairpersons, directors and auditors at the general meeting. |
| (4) | The secretary general shall be appointed by the chairperson from among the directors, subject to the approval of the board of directors. |
| (5) | The chairperson shall represent the Korean War Veterans Association and generally supervise its affairs. |
| (6) | Vice chairpersons shall assist the chairperson; and where the chairperson is unable to perform his or her duties due to an accident, they shall perform duties on his or her behalf, as prescribed by the articles of association. |
| (7) | Auditors shall audit financial statements of the Korean War Veterans Association and affairs related to the accounting thereof. |
| (8) | The secretary general shall conduct affairs of the Korean War Veterans Association under the direction of the chairperson. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 22 (Branch Managers) |
| (1) | Each branch or chapter of the Korean War Veterans Association shall have one branch manager or one chapter manager, respectively; and a branch manager or chapter manager shall be elected as prescribed by its articles of association. |
| (2) | No branch manager or chapter manager under paragraph (1) shall hold the office of representative. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 23 (Articles of Association) |
| (1) | The following shall be provided in the articles of association of the Korean War Veterans Association: |
| 4. | Matters regarding programs; |
| 5. | Matters regarding rights and obligations of members; |
| 6. | Matters regarding general meetings and the board of directors; |
| 7. | Matters regarding the executing branch and separation of affairs; |
| 8. | Matters regarding the organizational structure, such as the headquarters, branches and chapters; |
| 9. | Matters regarding membership fees, assets and auditing; |
| 10. | Matters regarding amending the articles of association; |
| 11. | Matters regarding executive officers and employees; |
| 12. | Matters regarding dissolving the Korean War Veterans Association; |
| 13. | Bylaws and other necessary matters for the operation thereof; |
| (2) | Where the Korean War Veterans Association intends to amend the articles of association, it shall obtain approval from the Minister of Patriots and Veterans Affairs. |
[This Article Newly Inserted on Feb. 6, 2009]
The Korean War Veterans Association shall implement the following programs:
| 1. | Promoting friendship for mutual assistance among Korean war veterans; |
| 2. | Improving the welfare and rights and interests of Korean war veterans; |
| 3. | Upholding the honor of and commemorating Korean war veterans; |
| 4. | Cultivating the spirit of protecting the nation and inspiring patriotism; |
| 5. | Ancillary programs to implement programs under subparagraphs 1 through 4. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 24-2 (For-Profit Business) |
The Korean War Veterans Association may directly operate a for-profit business to the extent necessary to achieve the objectives of its programs under Article 24. [This Article Newly Inserted on Feb. 3, 2015]
| Article 24-3 (Approval for For-Profit Business) |
| (1) | The Korean War Veterans Association which intends to operate a for-profit business pursuant to Article 24-2 shall obtain approval for the relevant for-profit business from the Minister of Patriots and Veterans Affairs following deliberation and resolution by the Welfare Program Deliberative Committee under Article 24-4. The foregoing shall also apply to amending any significant matter approved under Prime Ministerial Decree. |
| (2) | Necessary matters regarding criteria and procedures for approval for for-profit business under paragraph (1) shall be prescribed by Prime Ministerial Decree. |
[This Article Newly Inserted on Feb. 3, 2015]
| Article 24-4 (Establishment of Welfare Program Deliberative Committee) |
| (1) | The Korean War Veterans Association shall establish the Welfare Program Deliberative Committee (hereinafter referred to as the "Deliberative Committee") to deliberate on matters regarding operating a for-profit business. |
| (2) | The Deliberative Committee shall deliberate, and adopt resolution on the following matters: |
| 1. | Matters regarding establishing, suspending, and discontinuing for-profit business; |
| 2. | Matters regarding determining the scale, etc. of investment in a for-profit business; |
| 3. | Matters regarding a plan to use earnings and the alteration thereof; |
| 4. | Matters regarding the result of an audit on a for-profit business and the appropriateness of the for-profit business; |
| 5. | Other significant matters regarding operating a for-profit business. |
| (3) | The Deliberative Committee shall consist of at least five nor more than ten members including one chairperson, and the following persons shall serve as its members: |
| 1. | Two executives and employees designated by the chairperson of the Korean War Veterans Association; |
| 2. | The following persons designated or appointed by the Minister of Patriots and Veterans Affairs. In such cases, persons falling under items (b) through (d) shall not be designated or appointed from among public officials belonging to the Ministry of Patriots and Veterans Affairs or persons belonging to the Korean War Veterans Association: |
| (a) | One public official of the Ministry of Patriots and Veterans Affairs; |
| (b) | At least one attorney-at-law; |
| (c) | At least one certified public accountant; |
| (d) | Other persons deemed by the Minister of Patriots and Veterans Affairs as having expertise and experience related to a for-profit business. |
| (4) | The chairperson of the Deliberative Committee shall be elected by the Deliberative Committee from among its members. |
| (5) | Where the Deliberative Committee deliberates and adopts resolutions on matters under paragraph (2) 1, it shall consider the profitability, growth, and stability of a for-profit business, and its impact on the market. |
| (6) | The Korean War Veterans Association shall operate a for-profit business following deliberation and a resolution by the Deliberative Committee on matters under paragraph (2); and shall comply with the result of deliberation or resolution by the Deliberative Committee, except in extenuating circumstances: Provided, That where the Korean War Veterans Association has a dissenting opinion on the result of deliberation or a resolution by the Deliberative Committee, it may request the Deliberative Committee to redeliberate on such matters, as prescribed by Prime Ministerial Decree. |
| (7) | Except as otherwise provided in paragraphs (3) and (4), matters necessary for establishing the Deliberative Committee shall be prescribed by Prime Ministerial Decree. |
[This Article Newly Inserted on Feb. 3, 2015]
| Article 24-5 (Operation of Deliberative Committee) |
| (1) | The chairperson shall represent the Deliberative Committee and preside over its affairs. |
| (2) | Where the chairperson is unable to perform his or her duties in extenuating circumstances, a member designated by the Deliberative Committee shall perform the duties on his or her behalf. |
| (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) | Necessary matters concerning the operation of the Deliberation Committee, other than those provided in paragraphs (1) through (3), shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Feb. 3, 2015]
| Article 24-6 (Revocation of Approval for For-Profit Business) |
Where a for-profit business the Minister of Patriots and Veterans Affairs has approved pursuant to Article 24-3 (1) falls under any of the following, he or she may revoke approval for the relevant for-profit business: Provided, That where the for-profit business falls under subparagraph 1, he or she shall revoke approval for the relevant for-profit business: | 1. | Where the Korean War Veterans Association has obtained such approval deceptively or otherwise fraudulently; |
| 2. | Where the Korean War Veterans Association fails to directly operate the for-profit business; |
| 3. | Where the Korean War Veterans Association fails to take improvement measures under Article 30; |
| 4. | Where the Korean War Veterans Association refuses to undergo an examination or inspection under Article 31, or to submit data under Article 32 without just cause; |
| 5. | Where the Korean War Veterans Association interferes with or evades an examination or inspection under Article 31 or files a false report under Article 32; |
| 6. | Where the Korean War Veterans Association violates this Act or statutes prescribed by Prime Ministerial Decree. |
[This Article Newly Inserted on Feb. 3, 2015]
Where the Minister of Patriots and Veterans Affairs intends to revoke approval for a for-profit business under Article 24-6, he or she shall hold a hearing. [This Article Newly Inserted on Feb. 3, 2015]
| Article 25 (General Meetings) |
| (1) | A general meeting shall be comprised of the chairperson, vice-chairpersons, the secretary general, directors, branch managers, and representatives. |
| (2) | Matters regarding the fixed number of representatives, methods of electing representatives, minutes of the general meeting, etc. under paragraph (1) shall be prescribed by the articles of association. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 26 (Board of Directors) |
| (1) | The board of directors shall consist of the chairperson, vice chairpersons and directors: Provided, That branch managers may become members of the board of directors, as prescribed by the articles of association. |
| (2) | Where deemed impracticable to convene a general meeting due to a natural disaster or other emergency, the chairperson may require the board of directors to exercise authority of the general meeting on its behalf after obtaining approval from the Minister of Patriots and Veterans Affairs. In such cases, matters on which resolutions are adopted shall be subject to approval at a general meeting to be convened later. |
[This Article Newly Inserted on Feb. 6, 2009]
The State or a local government may grant subsidies necessary for operating the Korean War Veterans Association, within budgetary limits. <Amended on May 29, 2016>
[This Article Newly Inserted on Feb. 6, 2009]
| Article 28 (Preferential Sale of State Property or Public Property) |
| (1) | Where it is necessary for operating the Korean War Veterans Association and implementing its welfare programs, notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State or a local government may sell state property or public property preferentially to the Korean War Veterans Association; or may allow it to use, profit from or lease state property or public property with or without compensation. |
| (2) | Where it is necessary for operating the Korean War Veterans Association and implementing its welfare programs, notwithstanding the Commodity Management Act or the Public Property and Commodity Management Act, the State or a local government may transfer commodities to the Korean War Veterans Association without compensation or lend commodities to it with or without compensation. <Amended on Mar. 13, 2018> |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 29 (Prohibition on Political Activities) |
| (1) | The Korean War Veterans Association shall not engage in political activities, such as supporting or opposing a specific political party platform; or supporting or opposing a specific candidate for public office. |
| (2) | No executive at any level of organization of the Korean War Veterans Association shall become the representative, executive and accounting manager of a political party under the Political Parties Act. |
| (3) | Where an executive at any level of organization of the Korean War Veterans Association violates paragraph (2), the relevant executive shall be dismissed. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 30 (Improvement Measures) |
Where the Korean War Veterans Association falls under any of the following, the Minister of Patriots and Veterans Affairs may order it to take improvement measures:
| 1. | Where it violates any Act or operates a for-profit business inappropriate for the purpose of the establishment thereof; |
| 2. | Where it uses earnings not complying with the plan to use earnings; |
| 3. | Where it violates instructions under this Act or Acts and statutes prescribed by Prime Ministerial Decree or the articles of association. |
[This Article Wholly Amended on Feb. 3, 2015]
| Article 31 (Examination and Inspection by Administrative Agencies) |
| (1) | Where deemed necessary, the Minister of Patriots and Veterans Affairs may require a relevant public official to examine matters regarding the accounting of the Korea War Veterans Association or to inspect other necessary documents. |
| (2) | In cases falling under paragraph (1), the relevant public official shall carry an identity document indicating his or her authority and produce it to relevant persons. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 32 (Request to File Reports or Submit Data) |
Where deemed necessary, the Minister of Patriots and Veterans Affairs may request the Korean War Veterans Association to file a report or to submit documents or other data.
[This Article Newly Inserted on Feb. 6, 2009]
| Article 33 (Grounds for Dissolution) |
The Korean War Veterans Association shall dissolve on any of the following grounds:
| 1. | Occurrence of grounds for dissolution specified by the articles of association; |
| 2. | Resolution on the dissolution thereof adopted at the general meeting. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 34 (Prohibition of Use of Similar Name) |
The Korean War Veterans Association shall not be established unless it complies with this Act; and shall have the exclusive right to use the name “the Korean War Veterans Association” or similar.
[This Article Newly Inserted on Feb. 6, 2009]
| Article 35 Deleted. <Dec. 22, 2015> |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 36 (Withdrawal of Wartime Veterans Pension) |
| (1) | Where a person who has received honorable treatment pursuant to this Act falls under any of the following, the Minister of Patriots and Veterans Affairs shall withdraw the wartime veterans pension, medical subsidies under Article 7 and subsidies for nursing care under Article 8-2 such person has received: |
| 1. | Where he or she has obtained honorable treatment by fraud or other improper means; |
| 2. | Where grounds to receive honorable treatment ceased to exist retroactively after he or she has received such honorable treatment; |
| 3. | Where the wartime veterans person, medical subsidies and subsidies for nursing care have been paid erroneously. |
| (2) | Where a person obligated to return the wartime veterans pension, etc. pursuant to paragraph (1) fails to return it within relevant period, the Minister of Patriots and Veterans Affairs may collect it in the same manner as dispositions on default of national taxes. |
| (3) | Where a person obligated to return the wartime veterans pension, etc. is missing or has no property; or the withdrawal thereof is deemed impossible in other extenuating circumstances when the Minister of Patriots and Veterans Affairs collects the wartime veterans pension, etc. pursuant to paragraph (2), he or she may write it off as a deficit. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 37 (Exemption from Duty of Return) |
| (1) | Where a person who has received honorable treatment pursuant to this Act falls under Article 36 (1) 2, in which case the person has received honorable treatment for reasons not attributable to him or her, notwithstanding Article 36, the Minister of Patriots and Veterans Affairs may exempt him or her from returning the wartime veterans pension without withdrawing the amount he or she has received. |
| (2) | Where any exemption is made under paragraph (1), the scope of such exemption shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 38 (Suspension of Honorable Treatment) |
| 1. | Compelling others to accord an unfair advantage or helping others to obtain such unfair advantage using his or her status; |
| 2. | Illegally interfering with a public official on official duties by means of violence, intimidation or, property damage or by other means; |
| 3. | Violating this Act or an order issued under this Act. |
| (2) | Where a war veteran is sentenced to imprisonment or more severe punishment for committing a crime under the Criminal Act and his or her sentence is confirmed, the Minister of Patriots and Veterans Affairs shall not pay the wartime veterans pension for which he or she is eligible for the period of punishment to which he or she is sentenced from the month following the month his or her sentence is confirmed: Provided, That the foregoing shall not apply to criminal negligence. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 39 (Exclusion from Application of This Act) |
| (1) | Where a war veteran subject or to be subject to this Act falls under any of the following, the Minister of Patriots and Veterans Affairs shall exempt such war veteran from being subject to this Act; and shall not accord any of the honorable treatment for which he or she is eligible pursuant to this Act or other Acts: <Amended on Oct. 31, 2017; Mar. 13, 2018> |
| 1. | A person upon whom a sentence of imprisonment without labor or heavier punishment imposed for a violation of the National Security Act becomes final and conclusive; |
| 3. | A person upon whom a sentence of imprisonment without labor for at least one year or heavier punishment imposed for any of the following crimes becomes final and conclusive: |
| (a) | A person who commits or attempts to commit a crime provided in Articles 250 through 253 of the Criminal Act; a person who commits a crime provided in Article 264 of the same Act; a person who commits or attempts to commit a crime provided in Article 279 of the same Act; a person who commits or attempts to commit a crime provided in Article 285 of the same Act; a person who commits a crime provided in Articles 287 through 292 and 294 of the same Act; a person who commits a crime provided in Articles 297, 297-2, 298 through 301, 301-2, 302, 303, and 305 of the same Act; a person who commits or attempts to commit a crime provided in Article 332 of the same Act (limited to habitual offenders pursuant to Articles 329 through 331 of the same Act); a person who commits or attempts to commit a crime provided in Articles 333 through 336 of the same Act; a person who commits a crime provided in Articles 337 through 339 of the same Act or who attempts to commit a crime provided in Article 337, the former part of Article 338 or Article 339 of the same Act; a person who commits or attempts to commit a crime provided for in Article 341 of the same Act; a person who commits or attempts to commit a crime provided in Article 351 of the same Act (limited to habitual offenders pursuant to Articles 347, 347-2, 348, 350, and 350-2 of the same Act); a person who commits a crime provided in Article 363 of the same Act; |
| (c) | A crime under Articles 5, 5-2, 5-4, and 5-5 of the Act on the Aggravated Punishment of Specific Crimes; |
| (d) | A crime under Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes; |
| (e) | A crime under Articles 3 through 10 and 15 of the Act on Special Cases concerning the Punishment of Sexual Crimes (limited to an attempt to commit any crime under Articles 3 through 9); |
| (f) | A crime under Articles 7, 8, 11 through 16, and 17 (1) of the Act on the Protection of Children and Youth against Sexual Abuse; |
| 4. | Public officials provided in Article 2 of the State Public Officials Act and Article 2 of the Local Public Act, and employees prescribed by Presidential Decree who ordinarily engage in public service in the State or a local government, who have been sentenced to imprisonment without labor for at least one year and the punishment on whom becomes final and conclusive for having committed a crime provided in Articles 129 through 133 and 355 through 357 of the Criminal Act, or a crime provided in Articles 2 and 3 of the Act on the Aggravated Punishment of Specific Crimes in relation to their official duties during their term of service; |
| 5. | A person who habitually commits an offense referred to in Article 38 (1). |
| (2) | Where a person exempted from being subject to this Act pursuant to paragraph (1) falls under any of the following, the Minister of Patriots and Veterans Affairs may re-designate him or her as a person subject to this Act and give honorable treatment after receiving an application for registration pursuant to Article 5 only where he or she is deemed to have sincere remorse: Provided, That where he or she falls under paragraph (1) 2, the Minister of Patriots and Veterans Affairs shall not re-designate him or her as a person subject to this Act and shall not accord honorable treatment: |
| 1. | Where he or she was sentenced to imprisonment or more severe punishment, and three years have passed from the date his or her sentence was completed or he or she was confirmed not to have served his or her sentence; |
| 2. | Except as otherwise expressly provided for in subparagraph 1, two years have passed from the date he or she was exempted from being subject to this Act. |
| (3) | Where the Minister of Patriots and Veterans Affairs exempts a war veteran from being subject to this Act on a ground specified in paragraph (1) 5 or re-designates a person exempted from being subject to this Act as a person subject to this Act under paragraph (2), a resolution of either of the cases shall be adopted by the Board of Patriots and Veterans Entitlement. |
| (4) | Where the Minister of Patriots and Veterans Affairs intends to suspend honorable treatment pursuant to Article 38 (2) or to exempt a war veteran from being subject to this Act pursuant to paragraph (1) of this Article, he or she may request an agency managing criminal records or information about imprisonment in a correctional facility. <Amended on Oct. 31, 2017> |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 39-2 (Requests for Provision of Data) |
| (1) | The Minister of Patriots and Veterans Affairs may request the heads of relevant institutions to provide resident registration information, matters registered for family relations, matters registered for Korean nationals residing abroad, data on service, data on national taxes and local taxes, data on income and property, data on various pensions and insurance, including the national pension and the national health insurance, immigration information, etc. In such cases, the heads of relevant institutions in receipt of such request shall comply therewith, except in extenuating circumstances, to conduct the following administrative affairs for: |
| 1. | Registering management businesses specialized in improvement projects under Article 5 of the Act; |
| 2. | Affairs concerning establishing and operating the national database system on litigation under Article 5-2; |
| 3. | Affairs related to the payment of rewards under Article 6 of the Act; |
| 4. | Investigation for verifying whether an entitlement to allowance for adjusting living conditions referred to in Article 8-4 (1) has arisen or been lost; |
| 5. | Preferential supplying residential houses prescribed in Article 12-3; |
| 6. | Recovering educational subsidies, etc. prescribed in Article 36 and writing such subsidies, etc. off taxes; |
| 7. | Suspending honorable treatment prescribed in Article 38; |
| 8. | Excluding from the application of this Act prescribed in Article 39. |
| (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 specific scope of data or information which the Minister of Patriots and Veterans Affairs may request the heads of related agencies to provide pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 40 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Patriots and Veterans Affairs may delegate part of his or her authority under this Act to the head of an agency under his or her jurisdiction or the Jeju Special Self-Governing Province Governor or entrust it to the heads of other administrative agencies, as prescribed by Presidential Decree. <Amended on Oct. 31, 2017> |
| (2) | The Minister of Patriots and Veterans Affairs may entrust affairs regarding paying the wartime veterans pension to a post office or bank, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
CHAPTER V PENALTY PROVISIONS
| Article 41 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Jan. 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 divulges financial information, etc., in violation of Article 8-5 (6) (including a case applicable mutatis mutandis in accordance to the latter part of Article 12-3 (3)); |
| 3. | A person who inquires about, uses, provides, or divulges data or information, in violation of Article 39-2 (3). |
| (2) | Attempts to commit a crime specified in paragraph (1) 1 shall be punished. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 42 (Administrative Fines) |
| (1) | An administrative fine not exceeding three million won shall be imposed on a person who violates Article 34. |
| (2) | The Minister of Patriots and Veterans Affairs shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
ADDENDA <Act No. 6258, Jan. 28, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2000.
Article 2 (Transitional Measures concerning Registration)
| (1) | Where a war veteran, etc. submits his or her military record pursuant to the former provisions as at the time this Act enters into force, he or she shall be deemed registered pursuant to the amended provisions of Article 5. |
| (2) | Entitlement to subsidies and protection under this Act of a war veteran, etc. deemed registered pursuant to paragraph (1), notwithstanding the amended provisions of Article 11, shall arise from the date this Act enters into force. |
Article 3 (Transitional Measures concerning Support Fund for War Veterans, etc.)
The War Commemoration Service Fund shall inherit all rights and obligations, such as obligations and liabilities, of the Support Fund for War Veterans, etc. under the former provisions as at the time this Act enters into force.
Article 4 Omitted.
Article 5 (Relationship to Other Acts)
Where the former provisions of the Act are cited in other Acts as at the time this Act enters into force, in which case provisions corresponding to the former provisions thereof exist in this Act, the relevant provisions of this Act shall be deemed cited.
ADDENDA <Act No. 6590, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2002. (Proviso Omitted).
Articles 2 through 4 Omitted.
Article 5 (Transitional Measures concerning Revisions to Other Acts)
| (3) | As at the time this Act enters into force, assets, claims, debts and other rights and obligations which belong to the War Commemoration Service Fund under the former provisions of Article 12 (1) of the Act on Support for War Veterans, Etc. shall be succeeded by the Patriots and Veterans Fund under Article 1 of the Patriots and Veterans Fund Act as a whole. |
| (4) | The fund management plan for the War Commemoration Service Fund under the former Article 12 (1) of the Act on Support for War Veterans, Etc. as at the time this Act enters into force shall be deemed the fund management plan for the Patriots and Veterans Fund under the amended provisions of Article 1 of the Patriots and Veterans Fund Act. |
Article 6 Omitted.
ADDENDA <Act No. 6649, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2002.
Article 2 (Transitional Measures concerning War Veterans, etc. Registered)
Among war veterans, etc. registered as at the time this Act enters into force, a person who falls under the proviso to subparagraph 2 of Article 2 shall be deemed a war veteran subject to this Act: Provided, That the Minister of Patriots and Veterans Affairs shall not provide any subsides introduced pursuant to this Act or introduced after this Act enters into force. Article 3 (Applicability to Persons Who have Rendered Distinguished Service To State or Patients Suffering from Potential Aftereffects of Defoliants among War Veterans)
Article 4 (Special Cases on Living Subsidies)
| (1) | The Minister of Patriots and Veterans Affairs shall provide living subsidies pursuant to the former provisions of Article 6 to a person who receives living subsidies under the former provisions of Article 6 as at the time this Act enters into force. |
| (2) | Where a person who receives a living subsidy under paragraph (1) becomes eligible to the wartime veterans pension pursuant to the amended provisions of Article 6, the Minister of Patriots and Veterans Affairs shall pay the amount calculated by deducting the wartime veterans pension from the living subsidy the person receives as at the time this Act enters into force as the living subsidy. |
ADDENDUM <Act No. 6922, May 29, 2003>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 6 (1) shall enter into force on January 1, 2004.
ADDENDA <Act No. 7485, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Payment of Wartime Veterans Pension)
| (1) | Notwithstanding the amended provisions of Article 6 (3), the former provisions thereof shall begin to apply from a person who receives the wartime veterans pension (including a person who has not received the wartime veterans pension after applying therefor) as at the time this Act enters into force. |
| (2) | Notwithstanding the amended provisions of Article 6 (3), the Minister of Patriots and Veterans Affairs shall pay the wartime veterans pension to a person who fails to file an application for wartime veterans pension even though he or she has attained the age eligible for wartime veterans pension, who is a war veteran registered as at the time this Act enters into force. |
ADDENDA <Act No. 7649, Jul. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
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.
ADDENDUM <Act No. 8230, Jan. 3, 2007>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 17 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9079, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9465, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Article 7 shall enter into force on July 1, 2009. Article 2 (Transitional Measures concerning Korean War Veterans Association)
| (1) | The Korean War Veterans Association, an incorporated association, established with permission from the Minister of Patriots and Veterans Affairs pursuant to Article 32 of the Civil Act as at the time this Act enters into force shall be deemed the Korean War Veterans Association established pursuant to this Act. |
| (2) | Notwithstanding the amended provisions of Article 18 (3), the Korean War Veterans Association shall amend its articles of association and obtain approval from the Minister of Patriots and Veterans Affairs pursuant to this Act within six months after this Act enters into force. |
| (3) | The Korean War Veterans Association under this Act shall comprehensively inherit all assets and rights and obligations of the Korean War Veterans Association, an incorporated association, as at the time this Act enters into force, and the name of the Korean War Veterans Association, an incorporated association, indicated in its assets and liabilities register or in other public records shall be deemed the name of the Korean War Veterans Association under this Act. |
| (4) | The value of assets which the Korean War Veterans Association under this Act comprehensively inherits pursuant to paragraph (3) shall be the book value as at the time of the inheritance thereof. |
| (5) | The register of the Korean War Veterans Association, an incorporated association, as at the time this Act enters into force shall be deemed the register of the Korean War Veterans Association under the amended provisions of Article 18. |
| (6) | Executive officers, the secretary general, branch managers, chapter managers and representatives of the Korean War Veterans Association, an incorporated association, as at the time this Act enters into force shall be deemed executive officers, the secretary general, branch managers, chapter managers and representatives, respectively, elected pursuant to this Act: Provided, That where the articles of association amended under paragraph (2) expressly provide otherwise, the provisions of the articles of association shall apply thereto. |
ADDENDA <Act No. 11205, 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 Vietnam War Veterans Association of the Republic of Korea)
| (1) | The Vietnam War Veterans Association of the Republic of Korea, an incorporated association, established with permission from the Minister of Patriots and Veterans Affairs pursuant to Article 32 of the Civil Act as at the time this Act enters into force shall be deemed the Vietnam War Veterans Association of the Republic of Korea established pursuant to this Act. |
| (2) | Notwithstanding the amended provisions of Article 18-2 (3), the Vietnam War Veterans Association of the Republic of Korea shall amend its articles of association and obtain approval from the Minister of Patriots and Veterans Affairs pursuant to the this Act within six months after this Act enters into force. |
| (3) | The Vietnam War Veterans Association of the Republic of Korea under this Act shall comprehensively inherit all assets and liabilities of the Vietnam War Veterans Association of the Republic of Korea, an incorporated association, as at the time this Act enters into force, and the name of the Vietnam War Veterans Association of the Republic of Korea, an incorporated association, indicated in its assets and liabilities register or in other public records shall be deemed the name of the Vietnam War Veterans Association of the Republic of Korea under this Act. |
| (4) | The value of assets which the Vietnam War Veterans Association of the Republic of Korea under this Act comprehensively inherits pursuant to paragraph (3) shall be the book value as at the time of the inheritance thereof. |
| (5) | The register of the Vietnam War Veterans Association of the Republic of Korea, an incorporated association, as at the time this Act enters into force shall be deemed the register of the Vietnam War Veterans Association of the Republic of Korea under the amended provisions of Article 18-2. |
| (6) | Executive officers, the secretary general, branch managers, chapter managers and representatives of the Vietnam War Veterans Association of the Republic of Korea, an incorporated association, as at the time this Act enters into force shall be deemed executive officers, the secretary general, branch managers, chapter managers and representatives, respectively, elected pursuant to this Act: Provided, That where the articles of association amended under paragraph (2) expressly provide otherwise, the provisions of the articles of association shall apply thereto. |
ADDENDA <Act No. 11818, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11946, Jul. 26, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13198, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Using Earnings)
Article 3 (Applicability to Audits of Financial Statements of For-Profit Business)
ADDENDA <Act No. 13609, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Suspension of Honorable Treatment)
| (1) | The amended provisions of Article 38 (1) shall begin to apply from the first case where a war veteran commits an act falling under any of the subparagraphs of the amended provisions thereof after this Act enters into force. |
| (2) | The amended provisions of Article 38 (2) shall begin to apply from the first case where a war veteran is sentenced to imprisonment or more severe punishment for a crime after this Act enters into force and his or her sentence is confirmed. |
Article 3 (Applicability to Exclusion from Persons Subject to This Act)
| (1) | The amended provision of Article 39 (1) 2 shall begin to apply from the first case where a war veteran is sentenced to imprisonment or more severe punishment for a crime after this Act enters into force and his or her sentence is confirmed. |
| (2) | The amended provision of Article 39 (1) 3 shall begin to apply from the first case where a war veteran is sentenced to imprisonment for at least one year for a crime after this Act enters into force and his or her sentence is confirmed (excluding cases where he or she falls under the amended provision of Article 39 (1) 3 because he or she has committed a crime under the former Article 3 (2) 2). |
| (3) | The amended provision of Article 39 (1) 4 shall begin to apply from the first case where a war veteran is sentenced to imprisonment for at least one year for a crime after this Act enters into force and his or her sentence is confirmed. |
Article 4 Omitted.
ADDENDUM <Act No. 14260, May 29, 2016>
ADDENDA <Act No. 15033, 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 39 (1) 3 (a) and (b) shall enter into force on the date of its promulgation. Article 2 (Applicability to Exclusion from Persons Subject to This Act)
The amended provisions of Article 39 (1) 3 (a) and (b) shall also apply to war veterans registered pursuant to Article 5 before the aforesaid amended provisions enter into force: Provided, That in case of a person deemed a war veteran registered pursuant to Article 5 pursuant to Article 2 (1) of Addenda of the Support for War Veterans etc. Act amended by Act No. 6528, the amended provisions of Article 39 (1) 3 (a) and (b) shall begin to apply from the first case where a person is sentenced to imprisonment for at least one year for a crime falling under the amended provisions of Article 39 (1) 3 (a) and (b) and his or her sentence is confirmed after October 1, 2000.
ADDENDA <Act No. 15478, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 39 (1) 3 (a) shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Exclusion from Persons Subject to This Act)
The amended provision of Article 39 (1) 3 (a) shall begin to apply from the first case where a war veteran is sentenced to imprisonment for at least one year for a crime committed and his or her sentence is confirmed after the aforesaid amended provision enters into force.
ADDENDUM <Act No. 16429, Apr. 30, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17117, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 17119, Mar. 24, 2020>
This Act shall enter into force on the date of its promulgation.