ACT ON THE HONORABLE TREATMENT OF AND SUPPORT FOR PERSONS OF DISTINGUISHED SERVICE TO THE STATE
Act No. 5291, Jan. 13, 1997
Amended by Act No. 5482, Dec. 31, 1997
Act No. 5499, Jan. 13, 1998
Act No. 5675, Jan. 21, 1999
Act No. 6011, Aug. 31, 1999
Act No. 6290, Dec. 26, 2000
Act No. 6339, Dec. 30, 2000
Act No. 6372, Jan. 16, 2001
Act No. 6400, Jan. 29, 2001
Act No. 6648, Jan. 26, 2002
Act No. 6627, Jan. 26, 2002
Act No. 6920, May 29, 2003
Act No. 7106, Jan. 20, 2004
Act No. 7104, Jan. 20, 2004
Act No. 7120, Jan. 29, 2004
Act No. 7649, Jul. 29, 2005
Act No. 7646, Jul. 29, 2005
Act No. 7873, Mar. 3, 2006
Act No. 8131, Dec. 28, 2006
Act No. 8327, Mar. 29, 2007
Act No. 8366, Apr. 11, 2007
Act No. 8566, Jul. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9079, Mar. 28, 2008
Act No. 9462, Feb. 6, 2009
Act No. 9754, jun. 9, 2009
Act No. 10258, Apr. 15, 2010
Act No. 10303, May 17, 2010
Act No. 10337, May 31, 2010
Act No. 10339, jun. 4, 2010
Act No. 10471, Mar. 29, 2011
Act No. 11029, Aug. 4, 2011
Act No. 11041, Sep. 15, 2011
Act No. 11141, Dec. 31, 2011
Act No. 11330, Feb. 17, 2012
Act No. 11452, May 23, 2012
Act No. 11817, May 22, 2013
Act No. 11849, jun. 4, 2013
Act No. 11945, Jul. 26, 2013
Act No. 12386, Jan. 28, 2014
Act No. 13196, Feb. 3, 2015
Act No. 13425, Jul. 24, 2015
Act No. 13605, Dec. 22, 2015
Act No. 13606, Dec. 22, 2015
Act No. 13609, Dec. 22, 2015
Act No. 13697, Dec. 29, 2015
Act No. 13717, Jan. 6, 2016
Act No. 13718, Jan. 6, 2016
Act No. 14255, May 29, 2016
Act No. 14170, May 29, 2016
Act No. 14420, Dec. 20, 2016
Act No. 15028, Oct. 31, 2017
Act No. 15363, Jan. 16, 2018
Act No. 15702, jun. 12, 2018
Act No. 16192, Dec. 31, 2018
Act No. 16426, Apr. 30, 2019
Act No. 16659, Nov. 26, 2019
Act No. 16851, Dec. 31, 2019
Act No. 17114, Mar. 24, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to give appropriate honorable treatment and support to persons of distinguished service to the Republic of Korea who have made a sacrifice or contribution to the Republic of Korea, and their bereaved families or families, thereby promoting the stabilization of their livelihood and welfare and contributing to fostering patriotism of the people. <Amended on Sep. 15, 2011>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 2 (Basic Ideal of Honorable Treatment) |
As the Republic of Korea has been built on the basis of the patriotic spirit of the people, through the contributions and sacrifices of persons who have rendered distinguished service to the State, including soldiers and police officials killed and wounded in action, substantial compensation should be granted to ensure that these sacrifices and contributions are eternally respected as models of noble patriotic spirit by ourselves and our descendants, and honorable lives of persons who have rendered distinguished service to the State and their bereaved families are maintained and guaranteed in accordance with the degree of their contributions and sacrifices.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 3 (Government Policies) |
The State and local governments shall pay tribute to the patriotic spirit of persons who have rendered distinguished service to the State, uphold and develop this spirit, and prepare policies to realize the basic ideal prescribed in Article 2. [This Article Wholly Amended on Mar. 28, 2008]
| Article 4 (Eligibility of Persons of Distinguished Service to the State) |
| (1) | Any of the following persons who have rendered distinguished service to the State, their bereaved families or families (including persons provided for in other Acts to receive honorable treatment, etc. provided for in this Act) shall be treated with the respect accorded by this Act: <Amended on Dec. 22, 2015; Mar. 24, 2020> |
| 3. | Soldiers or police officials killed in action: Soldiers or police officials killed in action or in the line of duty corresponding thereto (including civilian military employees killed in action or in the line of duty corresponding thereto on or before December 31, 1959); |
| 4. | Soldiers or police officials wounded in action: Soldiers or police officials wounded in action or in the line of duty corresponding thereto (including civilian military employees who retired from the service after having been wounded in action or in the line of duty corresponding thereto on or before December 31, 1959) who have been discharged from military service (including retirement from military service, exemption from military service or discharge from full-time reserve service; hereinafter the same shall also apply) or who will be discharged from military service or retire from the service within six months , whose disability has been assigned a disability rating (hereinafter referred to as "disability rating") provided for in Article 6-4 in the physical examination conducted by the Minister of Patriots and Veterans Affairs; |
| 5. | Soldiers or police officials killed in the line of duty: Soldiers, police officials or fire-fighting officials killed in the line of duty or during education and training (including persons who died of disease) directly related to national defense or security, or the protection of the lives and property of the people; |
| 6. | Soldiers or police officials wounded on active duty: Soldiers, police officials or fire-fighting officials who have been discharged from military service or have retired from the service or who will be discharged from military service or retire from the service within six months, after having been wounded (including suffering from a disease) in the line of duty or during education and training directly related to national defense or security, or the protection of the lives and property of the people, and whose disability has been assigned a disability rating in the physical examination conducted by the Minister of Patriots and Veterans Affairs; |
| 7. | An Order of Military Merit recipient: Persons awarded the Order of Military Merit: Provided, That where any public official provided for in Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act, and employees prescribed by Presidential Decree ordinarily engaged in public service in any State agency or local government is awarded the Order of Military Merit, persons discharged from military service or retired from public service are construed as such recipients; |
| 8. | An Order of National Security Merit recipient: Any of the following persons: |
| (a) | Soldiers discharged from military service with the Order of National Security Merit awarded; |
| (b) | Persons, other than soldiers, awarded the Order of National Security Merit by capturing a spy, developing weapons or on other grounds prescribed by Presidential Decree (hereinafter referred to as "on other grounds, such as capturing a spy"): Provided, That where any public official provided for in Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act, and employees prescribed by Presidential Decree ordinarily engaged in public service in any State agency or local government is awarded the Order of National Security Merit on other grounds, such as capturing a spy, only those retired from public service are construed as such recipients; |
| 9. | Student soldiers in Japan who volunteered in the Korean War (hereinafter referred to as "student volunteer soldier"): Persons who volunteered for military service in the Korean armed forces or the United Nations forces, as a national of the Republic of Korea living in Japan, and participated in the Korean War between June 25, 1950 and July 27, 1953 and were discharged from military service (excluding persons dismissed or discharged from military service after having been sentenced to punishment); |
| (b) | Persons registered pursuant to Article 4 or 7 of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations; |
| 11. | Persons killed in the April 19 Revolution: Persons who participated and was killed in the Revolution before or after April 19, 1960; |
| 12. | Persons wounded in the April 19 Revolution: Persons who participated and were wounded and disabled in the Revolution before or after April 19, 1960, whose disability has been assigned a disability rating in the physical examination conducted by the Minister of Patriots and Veterans Affairs; |
| 13. | Persons of merit for the April 19 Revolution: Persons ineligible under subparagraphs 11 and 12, but awarded the National Foundation Medal among persons who participated in the Revolution before or after April 19, 1960; |
| 14. | Public officials killed in the line of duty: Public officials (excluding soldiers, police officials, firefighting officials) provided for in Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act, and employees prescribed by Presidential Decree ordinarily engaged in public service in the State or a local government, who were killed in the line of duty directly related to the protection of the lives and property of the people or during education and training (including persons who died of disease); |
| 15. | Public officials wounded on active duty: Public officials (excluding soldiers, police officials, firefighting officials) provided for in Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act, and employees prescribed by Presidential Decree ordinarily engaged in public service in the State or a local government who have been wounded (including suffering from a disease) in the line of duty directly related to the protection of the lives and property of the people or during education and training (including persons who died of disease) and have retired from the service or will retire therefrom within six months, whose disability has been assigned a disability rating in the physical examination conducted by the Minister of Patriots and Veterans Affairs; |
| 16. | Special contributors to national and social development, killed in the line of duty (hereinafter referred to as "special contributors killed in the line of duty"): Persons killed in the line of duty in the course of rendering distinguished service among persons who have rendered distinguished service to national and social development, who have been determined in the State Council as persons eligible under this Act; |
| 17. | Special contributors to national and social development, wounded on active duty (hereinafter referred to as "special contributors wounded on active duty"): Persons wounded in the course of rendering distinguished service among persons who have rendered distinguished service to national and social development, whose disability has been assigned a disability rating in the physical examination conducted by the Minister of Patriots and Veterans Affairs, and who have been determined in the State Council as persons eligible under this Act; |
| 18. | Special contributors to national and social development (hereinafter referred to as "special contributors"): Persons who do not constitute persons defined in subparagraph 16 or 17, but are determined in the State Council as persons eligible under this Act, among persons who have rendered distinguished service to national and social development. |
| (2) | Specific criteria on whether a person meets the requirements for persons who have rendered distinguished service to the State and the scope thereof under paragraph (1) 3 through 6, 14 and 15 shall be prescribed by Presidential Decree, comprehensively considering the following: |
| 1. | The scope of battles or the performance of duties corresponding thereto; |
| 2. | Relevance to the performance of duties or education and training and national defense or security, or the protection of the lives and property of the people; |
| 3. | Particulars of the death or wound (including a disease) and whether the person himself or herself was imputable in such death or wound and the degree of his or her fault. |
| (5) | Notwithstanding paragraph (1), the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations shall provide for assistance to persons as defined in paragraph (1) 10 (b). <Amended on Dec. 22, 2015> |
| (6) | Where a person meeting the requirements under paragraph (1) 3 through 6, 14 or 15 was killed or wounded (including suffering from a disease) due to any of the following causes, he or she shall be excluded from persons who have rendered distinguished service to the State, their bereaved families or families to be registered pursuant to paragraph (1) and Article 6: |
| 1. | Where he or she died or was wounded by intention or gross negligence without any inevitable cause or due to his or her substantial violation of a related statute, regulation or an order from his or her senior; |
| 2. | Where he or she died or was wounded due to an accident or disaster while he or she was absent from his or her official duties; |
| 3. | Where he or she died or was wounded due to his or her private act that cannot be deemed the performance of a duty, such as mischief or a fight. |
[This Article Wholly Amended on Sep. 15, 2011]
| Article 5 (Scope of Bereaved Family Members or -Family Members) |
| (1) | The scope of the bereaved family members or family members of a person of distinguished service to the State, who are entitled to compensation under this Act is as follows: <Amended on Mar. 28, 2008; Sep. 15, 2011> |
| 4. | Grandparents who have no lineal adult descendant; |
| 5. | Minor siblings who have no lineal ascendant under 60 years of age and no adult senior sibling. |
| (2) | The spouse referred to in paragraph (1) 1 includes a person in a de facto marriage: Provided, That this shall not apply where the spouse or the person in a de facto marriage is or was in a de facto marriage relationship with another person who is not the person of distinguished service to the State after the spouse or the de facto spouse was married to or had a de facto marriage with the person of distinguished service to the State. <Newly Inserted Sep. 15, 2011> |
| (3) | In cases of children referred to in paragraph (1) 2, only one adopted person, whom a person of distinguished service to the State adopted because he or she has no lineal descendant, shall be deemed his or her child. <Amended on Mar. 28, 2008; Sep. 15, 2011> |
| (4) | In cases of parents referred to in paragraph (1) 3, if there is a spouse of a father or mother who has in fact raised or supported a person of distinguished service to the State, other than his or her natural father or natural mother, one person who has mainly raised or supported the person of distinguished service to the State shall be deemed his or her father or mother. <Amended on Mar. 28, 2008; Sep. 15, 2011> |
| (5) | In cases of grandparents referred to in paragraph (1) 4, where an adult lineal descendant is a person with disability who has no means to support his or her own livelihood prescribed by Presidential Decree, or any of the following persons who is in compulsory service, they shall be deemed to have no adult lineal descendant. <Amended on Sep. 15, 2011; Jun. 4, 2013; Jul. 24, 2015; May 29, 2016; Dec. 31, 2019> |
| (6) | In cases of a minor sibling referred to in paragraph (1) 5, even though he or she has a lineal ascendant under 60 years of age and an adult senior sibling, where such lineal ascendant or adult senior sibling is a person with disability who has no means to support his or her own livelihood prescribed by Presidential Decree, or a person falling under any subparagraph of paragraph (5) who is in compulsory service, he or she shall be deemed to have no lineal ascendant under 60 years of age and no adult senior sibling. <Amended on Mar. 28, 2008; Sep. 15, 2011> |
| (7) | Deleted. <Dec. 31, 1994> |
| (8) | Deleted. <Dec. 30, 2000> |
[Title Amended on Mar. 28, 2008; Sep. 15, 2011]
| Article 6 (Registration and Determination) |
| (1) | A person (hereafter in this Article referred to as “person eligible for application”) who qualifies as a person who has rendered distinguished service to the State, his or her bereaved family or a person to become his or her family shall file an application for registration with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree: Provided, That where a person eligible for application falls under any of the following subparagraphs, a public official belonging to the Ministry of Patriots and Veterans Affairs may, as prescribed by Presidential Decree, file an application for registration after obtaining the consent of a person eligible for application, and where such consent has been obtained, the person eligible for application shall be deemed to have filed an application for registration: <Amended on Sep. 15, 2011; May 22. 2013> |
| 2. | Where a person eligible for application has been wounded or killed in action or in the line of duty corresponding thereto; |
| 3. | Where a person eligible for application fails to file an application for registration in person due to causes prescribed by Presidential Decree. |
| (3) | Upon receipt of an application for registration filed under paragraph (1), the Minister of Patriots and Veterans Affairs shall verify as to whether the relevant applicant meets the requirements under Article 4 or 5, as prescribed by Presidential Decree, and determine whether the applicant qualifies as a person who has rendered distinguished service to the State, his or her bereaved family or family. In this regard, where an application for registration is filed to be qualified as a person who has rendered distinguished service to the State (hereinafter referred to as "soldier, police official, etc. killed in action") under Article 4 (1) 3 through 6, 8, 14 and 15, the Minister of Patriots and Veterans Affairs shall request the head of the agency with which the relevant application was affiliated to verify the fact related to such requirements, and the head of the agency with which the relevant application was affiliated shall investigate the related facts and notify the Minister of Patriots and Veterans of the facts so verified in relation to such requirements, as prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Sep. 15, 2011> |
| (4) | Where the Minister of Patriots and Veterans Affairs determines that a person qualifies as a person who has rendered distinguished service to the State, his or her bereaved family or family pursuant to the former part of paragraph (3), he or she submit the relevant matter for deliberation and resolution by the Patriots and Veterans Review Commission (hereinafter referred to as the "Patriots and Veterans Entitlement Commission") established under Article 74-5: Provided, That such deliberation and resolution by the Patriots and Veterans Entitlement Commission may be omitted under certain circumstances prescribed by Presidential Decree where the requirements of a person who rendered distinguished service to the State, his or her bereaved family or family have been verified by the objective facts. <Amended on Sep. 15, 2011> |
| (5) | The Minister of Patriots and Veterans Affairs may register those who qualify as persons who have rendered distinguished service to the State falling under any of the following subparagraphs (excluding subparagraphs 1, 2, and 10) of Article 4 (1) but can’t apply for registration because there is no person eligible for application as persons of distinguished service to the State, subject to deliberation and resolution of the Patriots and Veterans Entitlement Commission. <Newly inserted by May 29, 2016> |
| (6) | Paragraphs (1) through (4) shall also apply to persons provided for in other Acts to be entitled to honorable treatment, etc. under this Act. <Amended on Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
[This Article Wholly Amended on Mar. 28, 2008]
| Article 6-2 (Reports of Changes of Persons who Rendered Distinguished Service to State) |
| (1) | Where a person who has rendered distinguished service to the State, his or her bereaved family or family falls under any of the following, a person eligible to file an application for registration under Article 6 (1) shall report such fact to the Minister of Patriots and Veterans Affairs without delay, as prescribed by Ordinance of the Prime Minister: <Amended on Sep. 15, 2011> |
| 2. | Where he or she loses his or her nationality; |
| 3. | Where he or she no longer constitutes a bereaved family or family under Article 5; |
| 4. | Where he or she comes to constitute a bereaved family or family under Article 5; |
| 5. | Where he or she comes to constitute a person provided for in Article 78 (2); |
| 6. | Where he or she comes to constitute a person provided for in any of Article 79 (1) 1 through 4 or paragraph (2) of the same Article; |
| 7. | Where he or she has been missing continuously for at least one year, or the ground for his or her unknown whereabouts ceases to exist; |
| 8. | Where his or her name, address or date of birth has altered; |
| 9. | Where his or her personal details prescribed by Ordinance of the Prime Minister are altered. |
| (2) | The Minister of Patriots and Veterans Affairs in receipt of a report under paragraph (1) shall notify the relevant person of any disposition taken, such as change in the order of priority of bereaved families, cancellation of determination to accept a registration or determination to accept additional registration. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 6-3 (Physical Examinations) |
| (1) | The Minister of Patriots and Veterans Affairs shall conduct a physical examination to determine whether a wounded person is eligible under this Act and to determine his or her disability rating based on changes, etc. in the degree of his or her disability or an injury pursuant to Article 4 (1) 4, 6, 12, 15 and 17. In such cases, he or she may conduct a physical examination to determine a disability rating of a person who has good reasons prescribed by Presidential Decree by means of reviewing documents. <Amended on Sep. 15, 2011> |
| (2) | Physical examinations conducted pursuant to paragraph (1) shall be classified as follows: <Amended on Sep. 15, 2011> |
| 1. | A new physical examination: A physical examination conducted where the Patriots and Veterans Entitlement Commission deliberates and pass a resolution on a person who has filed an application for registration pursuant to Article 6 (1); |
| 2. | A physical reexamination: A physical examination conducted on a person who has an objection to a determination made by a new physical examination; |
| 3. | A physical examination for re-verification: A physical examination conducted on a person who has failed to obtain a determination of a disability rating on a new physical examination or physical reexamination; |
| 4. | A physical examination for re-determination: A physical examination conducted on a person deemed in need of a re-determination of his or her disability rating, at his or her request or ex officio of the Minister of Patriots and Veterans Affairs, among persons eligible under this Act upon obtaining a determination of his or her disability rating on a new physical examination, physical reexamination or physical examination for re-verification. |
| (3) | Where a physical examination under paragraph (2) falls under any of the following, an application for registration or application for physical examination shall be deemed rejected: <Amended on Sep. 15, 2011> |
| 1. | Where an applicant fails to obtain a determination of his or her disability rating on a new physical examination, physical reexamination or physical examination for re-verification; |
| 2. | Where there is no change in a disability rating as a result of a physical reexamination or physical examination for re-determination; |
| 3. | Where an applicant fails to undergo a physical examination requested by him or her, without any special reasons prescribed by Presidential Decree. |
| (4) | In any of the following cases, the Minister of Patriots and Veterans Affairs may ex officio conduct a physical examination for re-determination: <Newly Inserted on Sep. 15, 2011> |
| 1. | Where he or she deems it necessary to re-determine a disability rating after a certain period, considering the characteristics of a wound (including a disease); |
| 2. | Where he or she deems it necessary to re-determine a disability rating. |
| (5) | The Minister of Patriots and Veterans Affairs may conduct a physical examination for re-determination conducted ex officio pursuant to paragraph (4) 1 on only one occasion, but he or she may change the number of physical examination in consideration of the degree of improvement or deterioration of a wound (including a disease). <Newly Inserted on Sep. 15, 2011> |
| (6) | A person who receives notification of an ex officio physical examination for re-determination shall undergo the physical examination unless there is any special reason prescribed by Presidential Decree. <Amended on Sep. 15, 2011> |
| (7) | A re-determination of a disability rating on a physical examination for re-determination shall come into effect from the month in which an application is made for such physical examination by the person himself or herself or the Minister of Patriots and Veterans Affairs gives a notice to him or her to undergo such physical examination ex officio: Provided, That where a disability rating is downgraded, such re-determination shall come into effect according to the following classification: <Amended on Sep. 15, 2011> |
| 1. | Where a physical examination for re-determination is conducted at the request of the relevant person himself or herself: The month following the month in which he or she obtains a determination of a disability rating; |
| 2. | Where a physical examination is conducted ex officio: The month following the month in which the Minister of Patriots and Veterans Affairs gives a notice to the relevant person to undergo a physical examination for re-determination. |
| (8) | Except as otherwise provided for in paragraphs (1) through (7), matters necessary for physical examinations, such as the date of physical examination and criteria for selection of persons eligible for an ex officio physical examination for re-determination shall be prescribed by Presidential Decree. <Amended on Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 6-4 (Classification of Disability Ratings) |
| (1) | Disability ratings of persons eligible for physical examinations under Article 6-3 (1) shall be determined by classifying them into Rating 1, Rating 2, Rating 3, Rating 4, Rating 5, Rating 6 and Rating 7, according to the degree of the relevant disability. In such cases, the Minister of Patriots and Veterans Affairs shall submit the relevant matters for deliberation and resolution by the Patriots and Veterans Entitlement Commission. <Amended on Sep. 15, 2011> |
| (2) | Criteria for disability ratings under paragraph (1) shall be determined in comprehensive consideration of disabled parts and patterns, the degree of restrictions on social life, etc. <Newly Inserted on Sep. 15, 2011> |
| (3) | Matters necessary for the classification and determination of disability ratings under paragraph (1) and other matters shall be prescribed by Presidential Decree. <Amended on Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 6-5 (Further Approval of Disabilities) |
| (1) | Where a person who rendered distinguished service to the State files an application to obtain further approval of disability, the Minister of Patriots and Veterans Affairs shall determine whether he or she further approves the disability following deliberation and resolution by the Patriots and Veterans Entitlement Commission. <Amended on Sep. 15, 2011> |
| (2) | Any person who has obtained further approval of disability pursuant to paragraph (1) shall be deemed to have applied for a physical examination for re-determination on the date he or she files an application for the further approval of disability. <Amended on Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 6-6 (Special Cases concerning Determination of Disability Ratings) |
| (2) | Matters necessary for the amount of compensation and standards for compensation to those falling under any subparagraph of paragraph (1) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 6-7 (Special Cases concerning Registration and Determination of Cases without Bereaved Family Members of Soldiers Killed in the Korean War) |
Where the Minister of National Defense recognized the remains of a soldier killed in the battle pursuant to the Act on the Excavation of the Remains of Soldiers Killed in the Korean War and there is no bereaved family members of the soldier killed in the battle (referring to the bereaved family members under Article 5), the Minister of Patriots and Veterans Affairs shall determine the soldier killed in the battle as a person of distinguished service to the State without undergoing procedure pursuant to Article 6. [This Article Newly Inserted on Feb. 3, 2015]
| Article 7 (Principles of Compensation) |
| (1) | The Minister of Patriots and Veterans Affairs shall compensate a person who has rendered distinguished service to the State, his or her bereaved family or family according to the degree of sacrifice and contribution of the person of distinguished service to the State, but he or she may apply different degree of compensation in consideration of his or her standard of living, age, etc. <Amended on Sep. 15, 2011> |
| (2) | Deleted. <Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 7-2 (Special Cases concerning Compensation to Persons of Distinguished Service to State Registered according to Disability Ratings) |
The Minister of Patriots and Veterans Affairs shall pay veterans' benefits (hereinafter referred to as "veterans' benefits") under Article 11, according to the relevant disability rating, to soldiers and police officials wounded in action or on active duty, persons wounded in the April 19 Revolution, public officials wounded on active duty, special contributors wounded on active duty, June 18 Wounded Freedom Seekers and civilian military employees involved in battle, registered according to the relevant disability ratings under the amended provisions of Article 6-4 of the amended Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State (Act No. 6011) and their bereaved families or families, as prescribed by Presidential Decree. [This Article Newly Inserted on Sep. 15, 2011]
| Article 7-3 (Special Cases concerning Compensation to Koreans with Foreign Nationalities) |
Notwithstanding the latter part of Article 9 (3), even in cases where a person of distinguished service to the State who is a Korean with foreign nationality and receives veterans' benefits pursuant to Article 16 of the Act on the Immigration and Legal Status of Overseas Koreans, dies in a situation in which he or she has lost the nationality of the Republic of Korea, the Minister of Patriots and Veterans Affairs shall pay veterans' benefits to his or her bereaved family member who possesses or has reinstated the nationality of the Republic of Korea. <Amended on Mar. 24, 2020> [This Article Newly Inserted on Oct. 31, 2017]
| Article 8 Deleted. <Sep. 15, 2011> |
| Article 9 (Time when Entitlements to Compensation Arise and Lapse) |
| (1) | An entitlement to compensation provided for in this Act shall arise from the month in which an application for registration referred to in Article 6 (1) is filed: Provided, That where a person specified in Article 4 (1) 4, 6, or 15 applies for registration under Article 6 (1) before he/she is discharged or retires, he or she shall become entitled to the relevant compensation from the month in which the day following the date of discharge from military service or the date of retirement falls. <Amended on Sep. 15, 2011; Mar. 24, 2020> |
| (2) | Notwithstanding paragraph (1), where a person files an application for the payment of a cost of living allowance, the provision of educational assistance, or the grant of a subsidy pursuant to Articles 14-2 (1), 22 (4) or 63-2 (2), the person shall be entitled to the relevant compensation from the month in which such application is filed: Provided, That where a person files an application for the payment of a cost of living allowance, the provision of educational assistance, or the grant of a subsidy pursuant to Articles 14-2 (1), 22 (4), or 63-2 (2) before being discharged from military service or retiring from the service, the entitlement to the relevant compensation shall arise from the month in which the day following the date of his/her discharge or retirement falls. <Newly Inserted on Mar. 24, 2020> |
| (3) | Where any of Article 6-2 (1) 1 through 3, and Article 79 (1) and (2) applies to a person of distinguished service to the State, his or her bereaved family members or family members the entitlement to compensation under this Act shall lapse from the month following the month in which such corresponding reason arises. In such cases, where Article 6-2 (1) 2 or Article 79 (1) applies to the person himself or herself who rendered distinguished service to the State, the entitlement of his or her family to compensation shall lapse at the same time. <Amended on Sep. 15, 2011; Mar. 24, 2020> |
| (4) | Where any of the following applies to a person of distinguished service to the State, his or her bereaved family members or family members, his or her entitlement shall lapse retroactively as at the date the entitlement to compensation under this Act arose. In such cases, where the entitlement to compensation to the person himself or herself who rendered distinguished service to the State has lapsed, the entitlement of his or her bereaved family or family to compensation shall lapse at the same time: <Amended on Sep. 15, 2011; Mar. 24, 2020> |
| 1. | Where it is revealed that he or she has obtained a determination on registration by fraud or other improper means; |
| 2. | Where it is revealed that a person falls short of the requirements for registration as a person of distinguished service to the State, etc. because a substantial defects is found in the fact related to the requirements of the person of distinguished service to the State, etc. notified by the head of an agency with which he or she was affiliated, pursuant to the latter part of Article 6 (3). |
| (5) | When the Minister of Patriots and Veterans Affairs determines whether a case falls under any subparagraph of paragraph (4), he or she shall investigate and verify the relevant facts and submit the relevant matters for deliberation and resolution by the Patriots and Veterans Entitlement Commission. <Amended on Mar. 24, 2020> |
| (6) | Where the head of an agency with which a person was affiliated under the latter part of Article 6 (3) becomes aware of the fact falling under any subparagraph of paragraph (4), he or she shall notify the Minister of Patriots and Veterans Affairs of the details thereof without delay. <Amended on Sep. 15, 2011; Mar 24, 2020> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 10 (Duty to Maintain Dignity) |
No person who has rendered distinguished service to the State and his or her bereaved family members or family members shall behave in a manner damaging the dignity of the person who has rendered distinguished service to the State.
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER II VETERANS’ BENEFITS
| Article 11 (Kinds of Veterans' Benefits) |
| (1) | Veterans' benefits shall be classified into monetary compensation, allowances and lump-sum death benefits. |
| (2) | Allowances referred to in paragraph (1) are as follows: <Amended on Sep. 15, 2011; Jan. 16, 2018> |
| 1. | Cost of living allowances; |
| 3. | Allowances for distinguished military service; |
| 4. | Allowances for the children of soldiers and police officials killed during the Korean War; |
| 6. | Severe disability supplemental allowances; |
| 7. | Allowances for contribution to the April 19 Revolution; |
| 8. | Other allowances prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 12 (Monetary Compensation) |
| (1) | Monetary compensation shall be granted to the following persons: Provided, That this shall not apply to persons excluded from those eligible for monetary compensation pursuant to this Act or any other Acts: <Amended on Sep. 15, 2011; Feb. 27, 2012; Jan. 16, 2018> |
| 1. | A soldier or police official wounded in action or wounded on active duty, person wounded in the April 19 Revolution, and a special contributor wounded on active duty; |
| 2. | A student volunteer soldier, and where he or she has died, one person granted priority among his or her bereaved family members; |
| 3. | A soldier or police official killed in action or killed in the line of duty, a person killed in the April 19 Revolution, and one person granted priority among the bereaved family members of a special contributor killed in the line of duty; |
| 4. | Where a person whose disability rating is determined as at least the disability rating prescribed by Presidential Decree has died among persons provided for in subparagraph 1, one person granted priority among his or her bereaved family members. |
| (2) | Among the bereaved family members provided for in paragraph (1) 2 through 4, children shall be limited to minors. However, where a minor child has a disability prescribed by Presidential Decree to the extent that he or she has no means to support his or her own livelihood, even if he or she attains the age of majority, he or she shall be paid monetary compensation in the same manner as such monetary compensation is paid to minor children. The same shall also apply where a minor sibling who has a disability prescribed by Presidential Decree to the extent that he or she has no means to support his or her own livelihood attains the age of majority. <Amended on Sep. 15, 2011> |
| (3) | Monetary compensation to persons provided for in paragraph (1) 1 shall be paid as classified by disability rating. <Amended on Sep. 15, 2011; Feb. 27, 2012; Jan. 16, 2018> |
| (4) | The amount of monetary compensation shall be determined according to the degree of sacrifices and contributions of persons who have rendered distinguished service to the State, taking into account the amount of the nationwide household consumption expenditures, etc., which are based on household survey statistics among statistics designated and publicly notified by the Commissioner of the Statistics Korea pursuant to subparagraph 2 of Article 3 of the Statistics Act. |
| (5) | Monetary compensation shall be paid monthly and the amount payable and methods for payment, and other matters necessary for payment thereof shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 12-2 (Special Cases concerning Payment of Monetary Compensation) |
In cases of a person (excluding those who are paid monetary compensation even after he or she attains the age of majority) who becomes entitled to the payment of monetary compensation under Article 12 (2) before July 1, 2013, the monetary compensation shall be provided until before the person reaches 20 years of age. [This Article Newly Inserted on Jul. 26, 2013]
| Article 13 (Priority to Receive Monetary Compensation) |
| (1) | The priority order of the bereaved family members eligible to be paid monetary compensation shall be the priority order provided for in each subparagraph of Article 5 (1). |
| (2) | Where at least two persons are in the same order among bereaved family members eligible to receive monetary compensation under paragraph (1), the monetary compensation shall be paid according to the following order: <Amended on Nov. 26, 2019> |
| 1. | Where one person is designated as being eligible to receive monetary compensation by the bereaved family members in the same order through their consultations, the monetary compensation shall be paid to the person. In such cases, matters concerning means to hold a consultation among bereaved family members, the effect of consultation, and other matters shall be prescribed by Presidential Decree; |
| 2. | Where there exists no person falling under subparagraph 1, the monetary compensation shall be preferentially paid to the person who mainly supports or raised the person of distinguished service to the State; |
| 3. | Where there exists no person falling under subparagraphs 1 and 2, (except for the cases falling under subparagraphs 1 and 2), the monetary compensation shall be paid to the oldest person; and where the persons with the same priority order are the parents of the person of distinguished service to the State, the monetary compensation shall be divided equally and paid separately to each parent, notwithstanding Article 12 (1). In such cases, means to equally and separately pay such monetary compensation and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a bereaved family member eligible for monetary compensation falls under any of the following cases, any other bereaved family member granted the next priority shall obtain such monetary compensation, as prescribed by Presidential Decree: |
| 2. | Where he or she does not fall under any subparagraph of Article 5 (1); |
| 3. | Where he or she has been gone missing continuously for at least one year. |
| (4) | Where either of the parents who are supposed to be paid the monetary compensation separately pursuant to paragraph (2) 3 falls under any of the subparagraphs of paragraph (3), the monetary compensation shall be paid in full to the remaining father or mother. <Newly Inserted on Nov. 26, 2019> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 14 (Cost of Living Allowances) |
| (1) | The costs of living allowances may be paid in consideration of the standard of living as prescribed by Presidential Decree, to the following persons: |
| 1. | A person of distinguished service to the State; |
| 2. | A person who receives monetary compensation among the bereaved family members of a person of distinguished service to the State; |
| 3. | Where no person receives monetary compensation among the bereaved family members of a person who of distinguished service to the State, one person having priority to receive monetary compensation according to the priority listed under the subparagraphs of Article 5 (1). |
| (2) | When paragraph (1) 3 applies, if two or more persons are in the same order of priority among the bereaved family members, Article 13 (2) shall apply mutatis mutandis. |
| (3) | A cost of living allowance shall be paid monthly, and the amount payable, methods for payment and other matters necessary for payment thereof shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Sep. 15, 2011]
| Article 14-2 (Applications for Payment of Cost of Living Allowance) |
| (1) | A person who wishes to be paid a cost of living allowance (hereinafter referred to as "person who wishes to be paid a cost of living allowance") pursuant to Article 14 shall file an application for payment of a cost of living allowance with the Minister of Patriots and Veterans Affairs. In such cases, he or she shall determine whether to pay a cost of living allowance based on the results of an investigation conducted under Article 14-3. |
| (2) | Where a person who wishes to be paid a cost of living allowance files an application pursuant to paragraph (1), the person and his or her dependents (referring to his or her spouse, parents, children and their spouses who are obligated to support him or her; hereinafter the same shall apply) shall submit their written consents to provision of the following data or information: <Amended on Dec. 22, 2015> |
| 3. | Premiums paid after having taken out insurance referred to in 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) | Necessary matters concerning methods and procedures for filing applications for payment of allowances under paragraph (1), and methods and procedures for giving consent under paragraph (2) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 14-3 (Investigations and Inquiries) |
| (1) | In order to verify if an entitlement to a cost of living allowance has arisen or been lost, the Minister of Patriots and Veterans Affairs may request a person who wishes to be paid a cost of living allowance, or a person who is receiving a cost of living allowance (referring to any person provided for in the subparagraphs of Article 14 (1) who is receiving a cost of living allowance; hereinafter the same shall apply), and a person who is obligated to support him or her to submit necessary documents or other data on income, property, etc., and may require a public official under his or her jurisdiction to have access to the residence of a person who wishes to be paid a cost of living allowance or a person who is receiving a cost of living allowance, and a person who is obligated to support him or her or other necessary places and to investigate documents, etc., or to make necessary inquiries of relevant persons. |
| (2) | Deleted. <Oct. 31, 2017> |
| (3) | A person who has access to, conducts investigations or makes inquires pursuant to paragraph (1) shall carry a certificate indicating his or her authority and produce it to relevant persons. |
| (4) | Where a person who intends to obtain a cost of living allowance or a recipient of a cost of living allowance and a person obligated to support him or her refuses to submit documents or data requested under paragraph (1), or refuses, interferes with or evades an investigation or inquiry, the Minister of Patriots and Veterans may reject the relevant application for payment of a cost of living allowance or suspend the payment of a cost of living allowance. |
| (5) | Matters necessary for the scope of, timing for, and details of investigations or inquiries conducted or made under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 14-4 (Provision of Financial Information) |
| (4) | The heads of financial companies, etc., which provide financial information, etc. pursuant to paragraph (3) shall notify the relevant title deed holder that they provide such financial information, etc.: Provided, That such notification may be omitted if the relevant title deed holder consents to the provision of such information, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality. |
| (5) | Requests for, and provision of financial information, etc. under paragraphs (1) through (3) shall be made through the information and communications network (hereinafter referred to as “information and communications network”) as defied in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection: Provided, That this shall not apply where impossible due to a malfunction in the information and communications network. <Amended on Dec. 22, 2015> |
| (6) | No person who is or was engaged in affairs referred to in paragraphs (1) and (2) shall use financial information, etc. he or she has learned in the course of performing his or her duty, for any purpose other than the purposes provided for in this Act, provide or divulge such information to any third person or institution. |
| (7) | Matters necessary for requesting financial information, etc. and the provision thereof referred to in paragraphs (1) through (3) and (5) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 14-5 (Promotion of Application for Cost of Living Allowances) |
| (1) | The Minister of Patriots and Veterans Affairs shall give guidance on and publicity to requirements to receive the cost of living allowance under Article 14 and methods for applying for the payment of the cost of living allowance under Article 14-2 to persons prescribed by Presidential Decree among the persons falling under Article 14 (1) on a regular basis at least once a year. |
| (2) | Where a person under paragraph (1) is a recipient under the National Basic Living Security Act, the Minister of Patriots and Veterans Affairs shall give guidance to such person so that he or she may apply for the payment of the cost of living allowance pursuant to Article 14-2 and may provide necessary convenience to the person. |
| (3) | Necessary matters concerning the method, timing, etc. of giving guidance under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 31, 2018]
| Article 15 (Nursing Allowances) |
| (1) | A nursing allowance shall be paid to a soldier or police official wounded in action or wounded on duty, person wounded in the April 19 Revolution, public official wounded on duty or special contributor wounded on active duty who has difficulty doing activities without care of any third person because the degree of disability is serious. <Amended on Sep. 15, 2011> |
| (2) | A nursing allowance shall be paid monthly and standards for the payment thereof, the amount payable, methods for payment and other matters necessary for payment shall be prescribed by Presidential Decree. <Amended on Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 15-2 (Family Allowances) |
| (1) | A family allowance shall be paid to any of the following persons who have dependents, according to the number of dependents: |
| 1. | A person determined to have not less than the disability rating prescribed by Presidential Decree among soldiers or police officials wounded in action or wounded on active duty, persons killed in the April 19 Revolution and special contributors wounded on active duty, and student volunteer soldiers; |
| 2. | A spouse of a soldier or police official killed in action or in the line of duty, a person killed in the April 19 Revolution and a special contributor killed in the line of duty, and where a person provided for in subparagraph 1 has died, his or her spouse; |
| 3. | Children of a soldier or police officer killed in action or in the line of duty, a person killed in the April 19 Revolution and a special contributor killed in the line of duty, and where a person provided for in subparagraph 1 has died, his or her children: Provided, That it shall be limited to children who receive monetary compensation. |
| (2) | The scope of dependents referred to in paragraph (1) is classified as below: |
| 1. | In cases of a person provided for in paragraph (1) 1: A spouse of a person who has rendered distinguished service to the State and his or her minor children; |
| 2. | In cases of a person provided for in paragraph (1) 2 and 3: Minor children of a person who has rendered distinguished service to the State. |
| (3) | Notwithstanding paragraph (1), where a minor child of a person who has rendered distinguished service to the State has a disability prescribed by Presidential Decree to the extent that he or she has no means to support his or her own livelihood, he or she shall be deemed a dependent even if he or she attains the age of majority. |
| (4) | A family allowance shall be paid monthly, and the amount payable, methods for payment and other matters necessary for payment thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 16 (Severe Disability Supplemental Allowances) |
| (1) | A severe disability supplemental allowance shall be paid to a person determined to have not less than the disability rating prescribed by Presidential Decree among soldiers and police officials wounded in battle or on active duty, persons wounded in the April 19 Revolution and special contributors wounded on active duty. |
| (2) | A severe disability supplemental allowance shall be paid monthly, and the amount payable, methods for payment and other matters necessary for payment thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 16-2 (Allowances for Military Merit Honor) |
| (1) | An allowance for military merit honor shall be paid to Order of Military Merit recipients, who are 60 years of age or over, in order to pay tribute to their honors of military merits. In such cases, where any Order of Military Merit recipient who is 60 years of age or over is eligible to obtain compensation under Article 12, because he or she falls under any of Article 4 (1) 4, 6 and 9, Articles 73 and 74 (limited to a wounded person), or eligible to obtain compensation under Article 11 of the Act on Support for Persons Eligible for Veteran’s Compensation because he or she falls under Article 2 (1) 1 of the same Act, or eligible to obtain an honorary allowance for participating in a war under Article 6 (1) of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations, either of the allowance for military merit honor, monetary compensation, or honorary allowance for participating in a war shall be paid to the relevant person, according to his or her choice. <Amended on Sep. 15, 2011; Dec. 22, 2015> |
| (2) | An allowance for military merit honor shall be paid as classified by grade of the Order of Military Merit under the Awards and Decorations Act, but if a person has been awarded at least two Orders of Military Merit, such allowance shall be based on the highest grade of Order of Military Merit. <Newly Inserted on May 23, 2012> |
| (3) | An allowance for military merit honor shall be paid monthly, and the amount payable, methods for payment and other matters necessary for payment thereof shall be prescribed by Presidential Decree. <Amended on May 23, 2012> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 16-3 (Allowances for Children of Soldiers and Police Officials killed in the Korean War) |
| (1) | An allowance for the children of soldiers and police officials killed in the Korean War shall be paid to one person having priority in receiving monetary compensation under Article 13 among children of a soldier or police official killed in battle or in the line of duty on or before July 27, 1953 or during the duration of battle referred to in the attached Table to the Act on Honorable Treatment of War Veterans and Establishment of Related Associations, and no entitlement to such allowance shall be transferred to any other child: Provided, That no allowance shall be granted to a child of a soldier or police official killed in battle or in the line of duty, one of whose bereaved family members has been receiving monetary compensation. <Amended on Sep. 15, 2011; Dec. 22, 2015; Dec. 29, 2015> |
| (2) | An allowance for children of soldiers and police officials killed in the Korean War shall be paid monthly, and the amount payable and the methods for payment and other matters necessary for payment thereof shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 16-4 (Allowances for Contribution to April 19 Revolution) |
| (1) | The Minister of Patriots and Veterans Affairs shall pay allowance for contribution to the April 19 Revolution to persons who rendered distinguished service to the April 19 Revolution in order to pay tribute to the April 19 Democratic Ideology. |
| (2) | The Minister of Patriots and Veterans Affairs shall pay allowance for contribution to the April 19 Revolution on a monthly basis, and the amount thereof to be paid, methods of the payment thereof, and other matters necessary for the payment thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 16, 2018]
| Article 17 (Lump-Sum Death Benefits) |
| (1) | Where a person of distinguished service to the State who is receiving monetary compensation dies, a lump-sum death benefits shall be paid to his or her bereaved family members according to the priority to receive monetary compensation provided for in Article 13. In such cases, where no bereaved family member exists, the person who is to become successor to the property, among relatives who lived together at the time of death, shall receive the lump-sum death benefits, upon his or her application. |
| (2) | Payment of the lump-sum death benefits granted when a bereaved family member of a person of distinguished service to the State who is receiving monetary compensation dies shall be paid that monetary compensation upon the application of the person who is to become a successor to the property, among the relatives who lived together at the time of death, only in cases where no other bereaved family member entitled to receive the relevant pension exists. |
| (3) | In cases falling under paragraphs (1) and (2) where no person who is to become a successor to the property exists, payment may be made to the person who performs the funeral. |
| (4) | The amount of lump-sum death benefits and other matters necessary for payment thereof shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 17-2 (Payment of Veterans’ Benefits) |
| (1) | Veterans’ Benefits shall be paid by depositing the amount into a deposit account at a postal office under the Postal Savings and Insurance Act (hereinafter referred to as “postal office”) or at a bank under the Banking Act (hereinafter referred to as “bank”), which is designated by the person who will receive such benefits: Provided, That where there is any unavoidable reason prescribed by Presidential Decree, such as damage to the information and communications network, such amount may be paid out in cash at the request of the relevant person who will receive the veterans’ benefits. |
| (2) | Where veterans’ benefits are paid as referred to in the main clause of paragraph (1), where a person who will receive the veterans’ benefits opens a deposit account in his or her name into which only veterans’ benefits can be deposited and so designate the account, veterans’ benefits shall be deposited into the relevant deposit account. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 18 (Payment of Unpaid Veterans’ Benefits) |
Where anyone who is eligible to receive the monetary compensation and the allowance falls under any of Article 13 (3) 1 or 3, the compensation and the allowance the payment of which is decided shall be paid in the same manner as the lump-sum payment for death provided for in Article 17 (1) or (2) is made. [This Article Wholly Amended on Mar. 28, 2008]
| Article 19 (Protection of Entitlements) |
| (1) | No entitlement to veterans' benefits shall be transferred, seized or provided as a security. |
| (3) | Of the monthly veterans’ benefits deposited in accordance with Article 17-2 (2), an amount below the level prescribed by Presidential Decree taking into account the standard median income referred to in subparagraph 11 of Article 2 of the National Basic living Security Act and veterans’ benefits, etc., shall not be seized. <Newly Inserted on Dec. 22, 2015> |
| (4) | Notwithstanding paragraphs (1) and (3), where the Minister of Patriots and Veterans Affairs recovers veterans' benefits, etc. pursuant to Article 75, he or she may seize a veterans' benefit. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Sep. 15, 2011]
| Article 20 (Suspension of Payment of Veterans' Benefits) |
Where a person who receives or will receive a veterans' benefit is receiving support at any institution for the aged or child care institution operated by the Korea Veterans Health Service (hereinafter referred to as the "Service") referred to in Article 2 of the Korea Veterans Health Service Act at the cost of the State, the Minister of Patriots and Veterans Affairs shall not pay the amount and allowances (excluding an allowance for military merit honor) prescribed by Presidential Decree among monetary compensation, from the month following the month in which he or she receives such support until the month in which he or she no longer receives such support. <Amended on Sep. 15, 2011> [This Article Wholly Amended on Mar. 28, 2008]
CHAPTER III EDUCATIONAL ASSISTANCE
| Article 21 (Educational Assistance) |
The State shall provide educational assistance to persons who have rendered distinguished service to the State, their bereaved families or families so that they can become a self-sufficient and healthy member of society by receiving necessary education in schools, etc. (hereinafter referred to as "educational institution") referred to in the subparagraphs of Article 22 (2). [This Article Wholly Amended on Sep. 15, 2011]
| Article 22 (Persons Eligible for Educational Assistance) |
| (1) | Persons eligible for educational assistance (hereinafter referred to as "persons eligible for educational assistance") are as follows: |
| 1. | A soldier or police official wounded in action or wounded on active duty, Order of Military Merit recipient, Order of National Security Merit recipient, student volunteer soldier, person wounded in the April 19 Revolution, contributor to the April 19 Revolution, public official wounded on active duty, special contributor wounded on active duty, or special contributor; |
| 2. | A spouse of a soldier or police official killed in action, soldier or police official killed in the line of duty, person killed in the April 19 Revolution, public official killed in the line of duty, or special contributor killed in the line of duty; |
| 3. | A child of a person referred to in subparagraph 1; |
| 4. | A child or minor sibling of a soldier or police officer killed in action or in the line of duty, person killed in the April 19 Revolution, public official killed in the line of duty, special contributor killed in the line of duty, and where a person referred to in subparagraph 1 has died, any of his or her minor siblings. |
| (2) | The State shall provide educational assistance to a person referred to in paragraph (1) 3 and 4 only where he or she enters an educational institution (including admission, re-admission, special admission, or transfer; hereinafter the same shall apply) before he or she attains 30 years of age. |
| (3) | The State may provide educational assistance to any of the following persons eligible for educational assistance in consideration of the standard of living, as prescribed by Presidential Decree: |
| 1. | An Order of Military Merit recipient, Order of National Security Merit recipient, contributor to April 19 Revolution, or special contributor; |
| 2. | A child of a person referred to in subparagraph 1; |
| 3. | A child of a person determined as falling below a disability rating prescribed by Presidential Decree among soldiers or police officials wounded in action, soldiers or police officials wounded on active duty, persons wounded in the April 19 Revolution, public officials wounded on active duty, and special contributor wounded on active duty. |
| (4) | Where a person referred to in the subparagraphs of paragraph (3) intends to obtain educational assistance, he or she shall file an application for educational assistance with the Minister of Patriots and Veterans Affairs. In such cases, Articles 14-2 through 14-4 shall apply mutatis mutandis to procedures for verifying the standard of living of an applicant. |
[This Article Wholly Amended on Sep. 15, 2011]
| Article 22-2 (Educational Institutions) |
Educational institutions that provide educational assistance to persons eligible for educational assistance are as follows:
| 3. | Lifelong educational institutions, the graduates of which are recognized as having the scholastic ability pursuant to the Lifelong Education Act; |
| 4. | Educational and training institutions offering a course of study evaluated and recognized pursuant to the Act on Recognition of Credits. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 23 (Obligation to Enroll Persons Eligible for Educational Assistance in Educational Institutions) |
| (1) | Any educational institution referred to in subparagraph 1 of Article 22-2 shall enroll persons eligible for educational assistance therein within three percent of the enrollment capacity by grade, as prescribed Presidential Decree. <Amended on Sep. 15, 2011> |
| (2) | The Minister of Education may increase the percentage of school enrollment under paragraph (1) to six percent by region, as prescribed by Presidential Decree, if deemed necessary in consideration of the regional distribution of persons eligible for educational assistance. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 24 (School Admission Procedures) |
Entrance examinations, determination of admission, and other matters necessary for the admission of persons eligible for educational assistance into educational institutions referred to in subparagraph 1 of Article 22-2 shall be prescribed by Presidential Decree. <Amended on Sep. 15, 2011> [This Article Wholly Amended on Mar. 28, 2008]
| Article 25 (Exemptions of Tuition Fees) |
| (1) | Educational institutions shall exempt persons eligible for educational assistance from their tuition fees, admission fees, and educational subsidies (hereinafter referred to as "tuition fees, etc."). <Amended on May 29, 2016> |
| (2) | Exemptions of tuition fees, etc. shall be granted starting from the month in which a person eligible for educational assistance files an application for exemption of tuition fees, etc. with the head of an educational institution after having been determined to be registered as a person of distinguished service to the State, his or her bereaved family or family pursuant to Article 6 (3): Provided, That, among educational institutions, a college, lifelong educational institutions in the form of distant college, and educational and training institution (hereinafter referred to as "college, etc.") offering a course of study, the credits of which are recognized as those necessary to obtain an academic degree equal to or higher than a junior college, shall grant exemption of tuitions fees, etc. to a person eligible for educational assistance, beginning with the first tuition fee, etc., the due date of which arrives after he or she applies for exemption of such tuition fee, etc. <Amended on Feb. 6, 2009; Sep. 15, 2011> |
| (3) | Where private colleges, etc. grants an exemption of tuition fees, etc. to a person eligible for educational assistance who falls under Article 22 (1) 3 or 4 pursuant to paragraphs (1) and (2), the State shall subsidize half of the amount so exempted. |
| (4) | The State may subsidize the amount equivalent to tuition fees, etc. actually borne by a person eligible for educational assistance until he or she is granted an exemption of tuition fees, etc. pursuant to paragraph (2) after he or she files an application for registration as a person who has rendered distinguished service to the State, his or her bereaved family or family: Provided, That where good reasons prescribed by Presidential Decree exist, such as obtaining a national subsidy for the amount of tuition fees, etc. pursuant to any other statute or regulation, the State shall not subsidize the amount equivalent thereto. <Amended on Sep. 15, 2011> |
| (5) | The period during which the tuition fees, etc. are exempted or subsidized for persons eligible for educational assistance pursuant to paragraphs (1) through (4), standards therefor and matters necessary for subsidies, etc. for educational institutions providing educational assistance shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 25-2 (Assistance to Persons Eligible for Educational Assistance Attending Foreigners’ Schools) |
| (1) | Where a person eligible for educational assistance enters any of the following foreigners’ schools, etc., the Minister of Patriots and Veterans Affairs may subsidize some tuition fees, etc. within the budget: |
| 2. | A foreign educational institution corresponding to a middle school or high school as defined in Article 2 of the Elementary and Secondary Education Act and a foreign educational institution corresponding to a college among foreign educational institutions as defined in subparagraph 2 of Article 2 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City. |
| (2) | Standards for granting subsidies to persons eligible for educational assistance pursuant to paragraph (1), the amount payable, the period of assistance, procedures for granting subsidies and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 26 (Payment of Educational Subsidies) |
| (1) | The Minister of Patriots and Veterans Affairs may grant educational subsidies to the following persons eligible for educational assistance: <Amended on Sep. 15, 2011> |
| 1. | A person eligible for educational assistance who is undergoing special education as defined in subparagraph 1 of Article 2 of the Act on Special Education for the Disabled Persons; |
| 2. | Other persons eligible for educational assistance prescribed by Presidential Decree in need of educational subsidies. |
| (2) | The amount of educational subsidies referred to in paragraph (1), methods for payment, and other matters necessary for payment thereof shall be prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Feb. 6, 2009; Sep. 15, 2011]
| Article 27 Deleted. <Sep. 15, 2011> |
CHAPTER IV EMPLOYMENT ASSISTANCE
| Article 28 (Employment Assistance) |
The State shall provide employment assistance in order to ensure the stable lives and self-attainment of persons who have rendered distinguished service to the State and their bereaved families, etc.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 29 (Persons Eligible for Employment Assistance) |
| (1) | Persons eligible for employment assistance are as follows: |
| 1. | Soldiers or police officials wounded in action, soldiers or on active duty, Order of Military Merit recipients, Order of National Security Merit recipients, student volunteer soldiers, persons wounded in the April 19 Revolution, contributors to the April 19 Revolution, public officials wounded on active duty, special contributor wounded on active duty, and special contributors; |
| 2. | Spouses of soldiers or police officials killed in action or in the line of duty, persons killed in the April 19 Revolution, public officials killed in the line of duty, and special contributors killed in the line of duty; |
| 3. | Spouses of persons referred to in subparagraph 1; |
| 4. | Children of soldiers or police officials killed in action, soldiers or police officials killed in the line of duty, persons killed in the April 19 Revolution, public officials killed in the line of duty, and special contributors killed in the line of duty; |
| 5. | Children of persons determined to have not less than the disability rating prescribed by Presidential Decree among soldiers or police officials wounded in action or on active duty, persons wounded in the April 19 Revolution, public officials wounded on active duty, and special contributor wounded on active duty, and children of student volunteer soldiers. |
| (2) | Employment assistance pursuant to Articles 32 and 34 may be provided to only one person in cases of persons referred to in paragraph (1) 4 and 5. |
| (3) | A person eligible for employment assistance may be provided with employment assistance up to the number of times prescribed by Presidential Decree, by totaling the number of times of employment pursuant to Article 32 (2) in relation to employment assistance provided for in Articles 32 and 34 and the number of times of employment under Article 34. |
[This Article Wholly Amended on Sep. 15, 2011]
| Article 30 (Institutions Providing Employment Assistance) |
Institutions to provide employment assistance shall be as follows:
| 1. | State organizations, local governments, military units, and national and public schools; |
| 2. | A public or private enterprise and public or private organization which ordinarily employs at least twenty persons a day: Provided, That this excludes manufacturing enterprises with less than 200 employees, which are prescribed by Presidential Decree; |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 31 (Additional Scores in Employment Examination) |
| (1) | Where an institution providing employment assistance conducts an employment examination to hire its employees, it shall add scores according to the following categories to the scores earned by any person eligible for employment assistance who applies for the examination: <Amended on Sep. 15, 2011> |
| 1. | Persons eligible for employment assistance of 10 percent of the full scores: |
| (b) | Persons referred to in Article 29 (1) 2 and 4; |
| 2. | Persons eligible for employment assistance of 5 percent of the full scores: |
| (2) | Where an employment examination referred to in paragraph (1) is conducted as classified into a written examination, a practical examination, an interview, etc., scores shall be added to the score earned in each examination according to classification referred to in the subparagraphs of paragraph (1), and where an examination is conducted with at least two subjects, scores shall be added to the score earned in each subject according to classification referred to in the subparagraphs of paragraph (1): Provided, That this shall not apply where a person eligible for employment assistance scores less than 40 percent of the full marks in any subject or in cases of an examination that cannot be calculated in terms of scores. <Amended on Sep. 15, 2011> |
| (4) | Where successful examinees are determined, if there are same score earners in excess of the number of examinees to be selected as successful ones, priority shall be given to a person eligible for employment assistance among the same score earners. |
| (5) | Ranks, posts or positions of persons eligible for additional scores in employment examinations referred to in paragraphs (1) and (2) and other matters necessary for additional scores of an employment examination shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 31-2 (Applications Filed for Employment Assistance) |
Any person eligible for employment assistance who intends to obtain employment assistance (excluding the employment assistance provided for in Article 31; hereafter the same shall apply in this Article) shall file an application with the Minister of Patriots and Veterans Affairs for an employment assistance, as prescribed by Presidential Decree. <Amended on May 29, 2016> [This Article Wholly Amended on Mar. 28, 2008]
| Article 32 (Employment Obligation of State Agencies) |
| (1) | An institution providing employment assistance provided for in subparagraph 1 of Article 30, the head of which holds the authority to appoint public officials in general service and general civilian military employees prescribed by Presidential Decree (hereinafter referred to as "public officials in general service, etc."), and which has the fixed number of public officials in general service, etc. being at least five (hereinafter referred to as "State agency, etc.") shall employ persons eligible for employment assistance as public officials in general service, etc. at least in the employment rate set by Presidential Decree (hereinafter referred to as "employment rate"). In such cases, the fixed number of public officials in general service, etc. shall be deemed included in the relevant State agency, etc. that holds the authority to employ public officials in general service, etc. <Amended on Jan. 28, 2014; Dec. 20, 2016> |
| (2) | If the head of a State agency, etc. who fails to employ persons eligible for employment assistance as public officials in general service, etc. at least in the employment rate referred to in paragraph (1) is recommended to employ persons eligible for employment assistance by the Minister of Patriots and Veterans Affairs when he or she newly employs public officials in general service, etc., he or she shall select and specially employ persons among such recommended persons eligible for employment assistance, notwithstanding the provisions of other statutes and regulations governing the employment of public officials in general service, etc. <Amended on Sep. 15, 2011; Jan. 28, 2014> |
| (3) | When the Minister of Patriots and Veterans Affairs recommends persons eligible for employment assistance pursuant to paragraph (2), he or she shall recommend multiple persons: Provided, That where the number of persons eligible for employment assistance is the same as or less than the number of persons to be employed, he or she shall not recommend multiple persons. <Newly Inserted on Sep. 15, 2011> |
| (4) | Matters necessary for procedures and standards for recommending persons eligible for employment assistance referred to in paragraph (2), the special employment thereof, and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Sep. 15, 2011]
| Article 33 (Verification of Actual Status of Employment of Persons Eligible for Employment Assistance by State Agencies) |
| (1) | Each State agency, etc. shall notify the Minister of Patriots and Veterans Affairs of matters concerning the fixed number of public officials in general service, etc. and their employment among its public officials, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
| (2) | Where deemed necessary to verify and check on the actual status of the employment of public officials in general service, etc. by a State agency, etc., the Minister of Patriots and Veterans Affairs may request the relevant State agency, etc. to furnish related material, or verify and check on it in other way, and if deemed necessary to correct and supplement anything as a result of the verification and check, the Minister of Patriots and Veterans Affairs may request the head of the relevant State agency, etc. for correction or supplement thereof. <Amended on Jan. 28, 2014> |
| (3) | Upon receipt a request for correction or supplement referred to in paragraph (2), the head of the State agency, etc. shall take necessary measures and inform the Minister of Patriots and Veteran Affairs of the results thereof. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 33-2 (Priority Employment Obligation of Enterprises) |
| (1) | Every institution providing employment assistance under subparagraph 2 of Article 30 shall preferentially employ persons eligible for employment assistance in not lower than the employment rate for each enterprise subject to employing persons eligible for employment assistance, which is set by Presidential Decree, within the scope of three to eight percent of the total number of its employees. |
| (2) | Notwithstanding paragraph (1), if it is deemed necessary to help persons eligible for employment assistance to be employed in the type of occupation corresponding to their abilities, the Minister of Patriots and Veterans Affairs may request the institutions providing employment assistance under each of the following subparagraphs to increase its employment rate referred to in paragraph (1) by up to nine percent, as prescribed by Presidential Decree: |
| 3. | Other enterprises or organizations prescribed by Presidential Decree as institutions providing employment assistance under subparagraph 2 of Article 30. |
| (3) | Every private school with the fixed number of at least 5 employees excluding teachers among institutions providing employment assistance that fall under subparagraph 3 of Article 30 shall preferentially employ persons eligible for employment assistance by 10 percent or more of the total number of employees. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 33-3 (Reporting by Enterprises) |
| (1) | Every institution providing employment assistance that falls under subparagraphs 2 and 3 of Article 30 (hereinafter referred to as "enterprise, etc.") shall report the type of its business, the types of occupation for employment, the number of employees, employment standards and other matters concerning its employment to the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. |
| (2) | Where the details of a report referred to in paragraph (1) are deemed insufficient or if it is deemed necessary to grasp the actual state, the Minister of Patriots and Veterans Affairs may require his or her public officials in charge to enter the enterprise, etc. and other enterprise, etc. deemed to be the relevant enterprise in order to request for necessary explanation or for the submission of related materials. |
| (3) | In cases under paragraph (2), public officials in charge shall carry certificates indicating their authority and produce them to related persons. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 34 (Special Employment of Veterans) |
| (1) | The Minister of Patriots and Veterans Affairs shall recommend multiple persons eligible for employment assistance to an enterprise, etc. which fails to meet the employment rate referred to in Article 33-2 so that the enterprise, etc. may select a person to employ, as prescribed by Presidential Decree: Provided, That the Minister of Patriots and Veterans Affairs needs not to recommend multiple persons eligible for employment assistance in any of the following cases: <Amended on Feb. 6, 2009; Sep. 15, 2011> |
| 1. | Where persons eligible for employment assistance are those referred to in Article 29 (1) 1 through 3; |
| 2. | Deleted; <Sep. 15, 2011> |
| 3. | Where the number of persons who can be recommended to the relevant enterprise, etc. among the persons eligible for employment assistance who have applied for employment assistance is the same as or less than the number of persons subject to an order of employment; |
| 4. | Where it is agreed with the enterprise, etc. not to recommend multiple persons; |
| 5. | Where the Minister of Patriots and Veterans Affairs deems it impractical to recommend multiple persons. |
| (2) | An enterprise, etc. which receives recommendation of multiple persons eligible for employment assistance under paragraph (1) shall choose persons to employ among the persons so recommended, as prescribed by Presidential Decree, and inform the Minister of Patriots and Veterans Affairs thereof. <Newly Inserted on Feb. 6, 2009> |
| (3) | The Minister of Patriots and Veterans Affairs may order an enterprise, etc. to employ persons eligible for employment assistance according to the following classification, as prescribed by Presidential Decree: <Newly Inserted on Feb. 6, 2009> |
| 1. | Where the enterprise, etc. informs under paragraph (2): Persons eligible for employment assistance chosen by the enterprise, etc.; |
| 2. | Where the enterprise, etc. fails to inform under paragraph (2) without good cause prescribed by Presidential Decree (including cases of selecting, and informing the Minister of, the persons eligible for employment assistance in less than the number of persons to be ordered to be employed): Persons chosen among multiple persons eligible for employment assistance recommended by the Minister of Patriots and Veterans Affairs; |
| 3. | Where multiple persons are not recommended under the proviso to paragraph (1): Persons eligible for employment assistance designated by the Minister of Patriots and Veterans Affairs. |
| (4) | Where the Minister of Patriots and Veterans Affairs orders an employment pursuant to paragraph (3), he or she shall notify the relevant persons eligible for employment assistance that they will be employed in the enterprise, etc., upon designating the enterprise, etc., as prescribed by Presidential Decree. <Amended on Feb. 6, 2009> |
| (5) | Where the Minister of Patriots and Veterans Affairs orders an enterprise, etc. to employ persons referred to in Article 29 (1) 4 and 5 pursuant to paragraph (3), the upper age limit eligible for employment assistance shall be prescribed by Presidential Decree. <Amended on Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Feb. 6, 2009]
| Article 34-2 (Restrictions on Employment Assistance) |
| (1) | All persons eligible for employment assistance who have been employed under this Act shall work in good faith. |
| (2) | Where any person eligible for employment assistance falls under any of the following, the Minister of Patriots and Veterans Affairs may restrict employment assistance under Article 32 or 34 for a given period or restrict the number of times thereof, as prescribed by Presidential Decree: <Amended on Feb. 6, 2009; Sep. 15, 2011> |
| 1. | Where a person refuses to be employed without good cause after having been notified of employment arranged under Article 34 (4); |
| 2. | Where a person works for less than the period prescribed by Presidential Decree and retires without good cause after having been employed under Article 32 or 34; |
| 3. | Where a person is dismissed through disciplinary action for neglect of duty, delinquency, or misconduct. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 35 (Criteria for Success in Physical Examinations) |
The criteria for success in a physical examination for a soldier or police official wounded in action or on duty, wounded activist of the April 19 Revolution, public official wounded on duty, and special contributor wounded on active duty who is eligible for employment assistance, shall be the degree in which they can perform duties in the type of occupation for which they are to be employed, and decision on success shall be made by a medical institution prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 35-2 (Addition of Military Service Period to Salary Class) |
Any enterprise, etc. may add up the period of the military service of any person eligible for employment assistance who is preferentially employed in the calculation of the service period of his or her salary class, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 36 (Prohibition of Discrimination) |
| (1) | An institution providing employment assistance shall not treat any persons employed under this Act (including newly employed persons; hereinafter the same shall apply) unfavorably compared with other employees, with respect to all kinds of treatment, such as the conferral and assignment of positions, promotion, and pay increases, by reasons of the employment in accordance with the employment obligation. |
| (2) | Where an institution providing employment assistance is deemed to discriminately treat a person employed in accordance with this Act, in violation of paragraph (1), the Minister of Patriots and Veterans Affairs may request rectification thereof. |
| (3) | An institution providing employment assistance in receipt of a request for rectification pursuant to paragraph (2) shall take measures for rectification accordingly and notify the Minister of Patriots and Veterans Affairs of the results. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 37 (Notification of Fact of Employment) |
An institution providing employment assistance shall notify the Minister of Patriots and Veterans Affairs of the details of any of the following events:
| 1. | Where a person eligible for employment assistance is employed; |
| 2. | Where a person employed in accordance with this Act retires, or is discharged or dismissed. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 37-2 (Calculation of Number of Appointed or Employed Persons) |
| (1) | Where the number of persons calculated according to the ratio provided for in Articles 32 (1) and 33-2 (1) through (3) is less than one person, the number of employees shall be deemed one person, and where the number of employees is at least one person, a decimal fraction shall be disregarded. |
| (2) | Even if any person eligible for employment assistance who is appointed as a public official in general service, etc. pursuant to Article 31 or 32 (2) or who is employed pursuant to Article 31, 33-2, or 34 (excluding where he or she is employed as a teacher) is excluded from the eligibility for employment assistance, he or she shall be included in the appointment rate or employment rate of the relevant institution providing employment assistance, if he or she is still employed. <Amended on Jan. 28, 2014> |
| (3) | Where a person eligible for employment assistance is appointed or employed by any means, other than employment assistance referred to in Article 31, 32, 33-2, or 34, he or she shall not be included in the number of persons calculated according to the appointment rate or employment rate of an institution providing employment assistance. <Newly Inserted on Sep. 15, 2011> |
| (4) | Where the number of appointed or employed persons is calculated pursuant to Articles 32 (1), 33-2 and paragraph (2) of this Article, the appointment or employment of persons whose disability rating was determined as Rating 1, Rating 2, Rating 3, Rating 4 or Rating 5, who are eligible for employment assistance falling under Article 29 (1) 1, shall be deemed the appointment or employment of the number of persons equivalent to double the number of the aforesaid persons. <Newly Inserted on Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 28, 2008]
[Paragraph 4 of this Article shall remain in effect until December 31, 2022?under Article 2 of the Addenda to the Act?No.15028 (Oct. 31, 2017)]
| Article 38 (Vocational Training) |
| (1) | In order to enable a soldier or police official wounded in action or wounded on duty, person wounded in the April 19 Revolution, public official wounded on duty and special contributor wounded on active duty to acquire skills required for employment, the Minister of Patriots and Veterans Affairs may conduct vocational rehabilitation training, as prescribed by Presidential Decree. |
| (2) | The Minister of Patriots and Veterans Affairs shall recommend persons eligible for employment assistance to a vocational skill development training institution under the Act on the Development of Vocational Skills of Workers for them to undergo vocational skill development training. In this regard, he or she shall determine the number of persons eligible for employment assistance to be recommended within the limit of rate for a preferential vocational education and training referred to in Article 10 of the Vocational Education and Training Promotion Act in consultation with the Minister of Employment and Labor. <Amended on May 31, 2010; Jun. 4, 2010; Sep. 15, 2011> |
| (3) | Expenses incurred in providing vocational rehabilitation training under paragraph (1) and vocational skill development training under paragraph (2) shall be borne by the State. <Amended on Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 39 (Payment of Subsidies for Ability Development) |
| (1) | The Ministry of Patriots and Veterans Affairs may subsidize expenses or pay subsidies in order to cover all or part of the expenses for persons eligible for the employment assistance who intend to develop their qualifications, abilities, etc. necessary for their employment within the budget. <Amended on Feb. 6, 2009> |
| (2) | Matters concerning the standards, scope of and procedures, etc. for subsidizing the expenses or paying the subsidies provided for in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 40 Deleted. <Jan. 20, 2004> |
CHAPTER V MEDICAL ASSISTANCE
| Article 41 (Provision of Medical Assistance) |
The State shall provide medical assistance to enable persons who have rendered distinguished service to the State and their bereaved family members, etc. to lead a healthy life and to receive necessary medical diagnosis, treatment, etc.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 42 (Medical Diagnosis and Treatment) |
| (1) | Where a soldier or police official wounded in action or wounded on active duty, person wounded in the April 19 Revolution, public official wounded on active duty, or special contributor wounded on active duty needs medical treatment on his or her injuries or contracts a disease (including injuries; hereafter the same shall apply in this Article), he or she shall receive a medical diagnosis and treatment in a national medical facility (including the VHS medical center established under Article 7 of the Korea Veterans Health Service Act) or a medical facility of a local government, as prescribed by Presidential Decree: Provided, That this shall not apply to any disease he or she has contracted intentionally. <Amended on Sep. 15, 2011> |
| (2) | The State may entrust medical facilities, other than the State or a local government, with medical diagnosis and treatment prescribed in paragraph (1). |
| (3) | Expenses incurred in rendering medical diagnosis and treatment prescribed in paragraphs (1) and (2) shall be borne by the State: Provided, That where such medical diagnosis and treatment are provided in a medical facility of any local government, the relevant local government may bear some expenses as prescribed by Presidential Decree. |
| (4) | Where a person determined as falling below the disability rating prescribed by Presidential Decree, among soldiers or police officials wounded in action, soldiers or police officials wounded on active duty, persons wounded in the April 19 Revolution, public officials wounded on active duty and special contributors wounded on active duty, has contracted a disease other than his or her injuries and receives a medical diagnosis and treatment in any medical facilities referred to in paragraph (1) or medical facilities entrusted with such medical diagnosis and treatment pursuant to paragraph (2), the Minister of Patriots and Veterans Affairs may require him or her to bear some of the expenses for a medical diagnosis and treatment, as prescribed by Presidential Decree, notwithstanding paragraph (3). <Newly Inserted on Sep. 15, 2011> |
| (5) | The following persons shall receive a medical diagnosis and treatment at the VHS medical center established under Article 7 of the Korea Veterans Health Service Act. In such cases, expenses for such medical diagnosis and treatment shall be reduced or exempted as prescribed by Presidential Decree, and the Minister of Patriots and Veterans Affairs may reimburse the expenses so reduced or exempted to the relevant Veterans Hospital within the budget: <Amended on Sep. 15, 2011> |
| 1. | A person who has rendered distinguished service to the State, who is ineligible for medical assistance under paragraph (1); |
| 2. | The spouse of a person who rendered distinguished service to the State among his or her family members; |
| 3. | One person granted priority pursuant to the subparagraphs of Article 5 (1) among the bereaved family members of a person who rendered distinguished service to the State. In such cases, if the person granted priority is the father or mother of a person who rendered distinguished service to the State, the mother or father not granted priority shall be included. |
| (6) | When paragraph (5) 3 applies, if at least two persons are granted the same order of priority among bereaved family members, Article 13 (2) shall apply mutatis mutandis. <Newly Inserted on Sep. 15, 2011> |
| (7) | Any of the following persons who is 75 years old or over may receive a medical diagnosis and treatment in a medical institution designated and entrusted by the Minister of Patriots and Veterans Affairs with medical diagnosis and treatment, other than VHS medical centers established under Article 7 of the Korea Veterans Health Service Act. In such cases, expenses for such medical diagnosis and treatment shall be reduced or exempted, as prescribed by Presidential Decree, and the State shall bear the expenses so reduced or exempted: <Newly Inserted on Feb. 6, 2009; Sep. 15, 2011; Nov. 26, 2019> |
| 1. | An Order of Military Merit recipient under Article 4 (1) 7; |
| 2. | A student volunteer solider; |
| 3. | One person having priority under Article 12 (1) 2 through 4; where a person having priority is a parent under Article 13 (2) 3, one parent shall be designated following consultation, etc., and other necessary matters regarding consultation, designation, etc. shall be prescribed by Presidential Decree; |
| 4. | A recipient of allowances for children of soldiers and police officials killed in the Korean War referred to in Article 16-3 (1). |
| (8) | Criteria for medical assistance, such as methods and procedures for, and the scope and upper limit of medical diagnosis and treatment or subsidizing expenses for medical diagnosis and treatment under paragraphs (1) through (7) shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 6, 2009; Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 43 Deleted. <Sep. 15, 2011> |
| Article 43-2 (Provision of Prosthetic Devices) |
A soldier or police official wounded in action or wounded on active duty, person wounded in the April 19 Revolution, public official wounded on active duty, or special contributor wounded on active duty who requires a prosthetic device due to his or her physical disability shall be provided with the prosthetic device, as prescribed by Presidential Decree. <Amended on Sep. 15, 2011>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 44 (Medical Rehabilitation) |
| (1) | The Minister of Patriots and Veterans Affairs shall formulate policies on medical rehabilitation and rehabilitative physical education, and carry out such projects, in order to prevent the degeneration of the physical functions of a soldier or police official wounded in action or wounded on duty, wounded activist of the April 19 Revolution, public official wounded on duty, or special contributor wounded on active duty, and to facilitate the recovery of those functions. |
| (2) | Where deemed necessary for the promotion of medical rehabilitation and rehabilitative physical education, the Minister of Patriots and Veterans Affairs may entrust the Service and the associations under the Act on the Establishment of Associations by Persons of Distinguished Service to the State, with those activities. In such cases, the Minister of Patriots and Veterans Affairs may subsidize part or all of the expenses incurred within the budget, for the Service, etc. entrusted with those activities. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 45 (Subsidies of Expenses Securing Medical Facilities) |
The Minister of Patriots and Veterans Affairs may, within the budget, subsidize the expenses incurred in securing, maintaining and managing the necessary facilities, etc. to provide medical assistance under this Act, for the Service.
[This Article Wholly Amended on Mar. 28, 2008]
The State shall provide loans on a long-term, low-interest basis, in order to ensure independence and stable life of persons who have rendered distinguished service to the State and their bereaved families, etc.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 47 (Persons Eligible for Loans) |
| (1) | A person falling under any of the following subparagraphs shall be eligible for loans: |
| 1. | A person of distinguished service to the State; |
| 2. | A person who receives monetary compensation among the bereaved family members of a person of distinguished service to the State; |
| 3. | Where there exists no person eligible to receive monetary compensation among the bereaved family members of a person of distinguished service to the State, the person having priority in the order listed in the subparagraphs of Article 5 (1). |
| (2) | In applying paragraph (1) 3, where there exist two or more persons having the same priority among the bereaved family members, Article 13 (2) shall apply mutatis mutandis to such case. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 48 (Financial Resources for Loans) |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 49 (Types of Loans) |
The types of loans shall be as follows:
| 1. | A farmland purchase loan; |
| 2. | A housing loan (referring to loans for house purchase, housing land purchase, new house construction, house improvement, and house rental; hereinafter the same shall apply); |
| 4. | A loan for stabilization of livelihood. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 50 (Maximum Amount of Loan) |
| (1) | The Minister of Patriots and Veterans Affairs shall determine the maximum amount of loans by type within the limits of financial resources for the loans. |
| (2) | In granting loans under subparagraphs 1 and 2 of Article 49, the Minister of Patriots and Veterans Affairs shall do so within the following limits: |
| 1. | In cases of a farmland purchase loan: Within the limits of the appraised value of the farmland concerned; |
| 2. | In cases of a house purchase loan, housing land purchase loan or new house construction loan: Within the limits of the appraised value of the house or housing land concerned; |
| 3. | In cases of a house improvement loan: Within the limits of the expenses required for the house improvement; |
| 4. | In cases of a house rental loan: Within the limits of the rental value. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 51 (Interest Rates on Loans) |
Interest rates on loans shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 52 (Application for Loan) |
| (1) | A person who intends to obtain loan shall file an application for the loan with the Minister of Patriots and Veterans Affairs as prescribed by Presidential Decree, and if the applicant meets the requirements for two or more loans, he or she shall choose either of them and apply for one. This choice shall not be changed even when an application for the loan is made again after receiving the loan. |
| (2) | Upon receipt of an application for a loan under paragraph (1), the Minister of Patriots and Veterans Affairs shall formulate criteria for loan decisions and grant the loan in accordance with such criteria. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 53 (Repayment Terms of Loans) |
| (1) | Loans shall be repaid in installments, as prescribed by Presidential Decree within any of the following periods: |
| 1. | A farmland purchase loan: 12 years after 3 years of grace; |
| 2. | A housing loan: 20 years; |
| 3. | A business loan: 15 years; |
| 4. | A loan for stabilization of livelihood: 5 years. |
| (2) | Where a recipient of the loan is deemed to have difficulties in repaying the loan, the Minister of Patriots and Veterans Affairs may extend the repayment period within three years. |
| (3) | Where a person who receives the loans uses the loan for another purpose, the Minister of Patriots and Veterans Affairs may require the loan to be repaid, as prescribed by Presidential Decree, notwithstanding the repayment period under paragraph (1). <Amended on Feb. 6, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 54 (House Allotment) |
| (1) | Where it is necessary for supplying houses to persons eligible for loans, the Minister of Patriots and Veterans Affairs may construct houses with the financial resources prescribed in Article 48, and lot out, rent or manage them: Provided, That where it is deemed specifically necessary in consideration of the demand and supply for houses, he or she may lot out or rent them to persons other than persons eligible for loans. |
| (2) | Matters necessary for lotting-out, rent or management of houses under paragraph (1) shall be prescribed by Presidential Decree notwithstanding the State Property Act. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 55 (Grant of Subsidies) |
A subsidy may be granted to a person who receives a farmland purchase loan or housing loan (excluding a housing land purchase loan or house improvement loan) within the budget, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| (1) | In order to facilitate the purchase of farmland or houses, the Minister of Patriots and Veterans Affairs may issue a certificate of payment guarantee regarding payment of the relevant loan, as prescribed by Presidential Decree, to a person who intends to obtain a farmland purchase loan or housing loan (excluding a house improvement loan and house rental loan). <Amended on Mar. 28, 2008> |
| (2) | Any person who obtains a farmland purchase loan or housing loan (excluding a house improvement loan and house rental loan) shall provide the property to be acquired by the loan to the State as a security until the loan is repaid in full. <Amended on Mar. 28, 2008> |
| (3) | Notwithstanding paragraph (2), in cases of a house purchase loan to buy multi-dwelling housing, such as an apartment, when the registration of ownership is expected to be delayed for a substantial period due to reasons not attributable to a person who is to obtain the loan, the Minister of Patriots and Veterans Affairs may, in applying mutatis mutandis to paragraph (5), require the provision of a security, without providing the relevant house as a security, until the house becomes available as a security. <Amended on Mar. 28, 2008> |
| (4) | Deleted. <Mar. 28, 2008> |
| (5) | A person who obtains a house improvement loan, house rental loan, business loan or livelihood stabilization loan shall provide real estate or veterans' benefits (excluding cost of living allowances and lump-sum death benefits; hereafter the same shall apply in this paragraph) to the State as a security: Provided, That where a person who obtains a loan has no real estate to provide as a security, or is not eligible to receive veterans' benefits, the Minister of Patriots and Veterans Affairs may require him or her to give a guarantor or to provide other security. <Amended on Mar. 28, 2008; Sep. 15, 2011> |
| (6) | Where the Minister of Patriots and Veterans Affairs deems it impracticable to preserve claims only by means of a security provided under paragraphs (2), (3) and (5), he or she may take measures necessary for preserving the claims. <Amended on Mar. 28, 2008> |
| (7) | Where any of the following reasons arises to a person who has obtained a farmland purchase loan or housing loan (excluding a house improvement loan and house rental loan), the person shall, upon obtaining permission from the Minister of Patriots and Veterans Affairs, provide as a security to the State, real estate which has value not less than the amount of debts unpaid in lieu of the real estate already provided as a security: Provided, That in cases falling under subparagraph 3, newly purchased real estate shall be provided to the State as a security: <Amended on Mar. 28, 2008> |
| 1. | Where secured property is expropriated pursuant to any Act (excluding partial expropriation which does not affect the preservation of claims); |
| 2. | Where substitution of the secured property becomes inevitable due to a natural disaster or on other similar grounds; |
| 3. | Where the sale of farmland or housing acquired by the loan becomes inevitable and real estate for the same use is purchased. |
| (8) | Where substitution of the property provided as a security by the person who has obtained a house improvement loan, house rental loan, business loan or livelihood stabilization loan becomes inevitable due to business operations or on other compelling grounds, real estate of no less value than debts unpaid by him or her or the security determined by the Minister of Patriots and Veterans Affairs shall be provided to the State: Provided, That the provision of a security, other than real estate is permitted only when the amount of debts unpaid by him or her is not more than the amount prescribed by the Minister of Patriots and Veterans Affairs. <Amended on Mar. 28, 2008> |
| (9) | Where a loan has been repaid in full, the Minister of Patriots and Veterans Affairs shall undertake procedures to cancel the relevant mortgage. <Amended on Mar. 28, 2008> |
[Title Amended on Mar. 28, 2008]
| Article 57 Deleted. <Feb. 6, 2009> |
| Article 58 Deleted. <Mar. 28, 2008> |
The Minister of Patriots and Veterans Affairs may offset the principal of, and interest on the following loans, etc. by veterans' benefits (excluding lump-sum death benefits): <Amended on Sep. 15, 2011>
| 1. | The principal of, and interest on a loan which is due for repayment; |
| 2. | Where a house constructed pursuant to Article 54 (1) is sold or rented, sales proceeds or a rent which is due for payment; |
| 3. | Where property purchased pursuant to Article 61 (1) is sold or rented, the purchase money or rent which is due for payment. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 60 (Acceptance of Obligation) |
| (1) | Where the secured property is sold at auction upon the exercise of the mortgage on the relevant secured property, when the successful bidder is a person eligible for a loan under Article 47, the Minister of Patriots and Veterans Affairs may require the successful bidder to take over the liability for repayment of the former loan in substitution for payment of purchase price, according to his or her application, within the limits of the share of the auction price receivable by the State. |
| (2) | A person who takes charge of the liability pursuant to paragraph (1) shall be deemed as a person who obtained a loan under this Act, and Article 56 (2) shall apply mutatis mutandis to the person. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 61 (Purchase of Secured Property) |
| (1) | Where the secured property is sold at auction upon the exercise of the mortgage on the secured property concerned, the Minister of Patriots and Veterans Affairs may purchase the secured property concerned in accordance with the procedures of the Civil Execution Act. In such cases, Article 113 of the Civil Execution Act shall not apply. |
| (2) | Notwithstanding the State Property Act, the Minister of Patriots and Veterans Affairs may manage and dispose of the property purchased pursuant to paragraph (1). In such cases, where the purchase property is farmland, it shall be sold to a farmer or agricultural corporation under the Farmland Act. |
| (3) | The criteria for the purchase price of the secured property pursuant to paragraph (1), and for the disposal price of the property disposed of pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 62 (Succession to Loan) |
| (1) | Where a person who received a loan dies during the repayment period for the loan, his or her property successor shall succeed to the liability for the loan concerned. |
| (2) | A person who succeeds to the liability for the loan on the loan pursuant to paragraph (1) shall report such fact to the Minister of Patriots and Veterans Affairs. In such cases, where there are many persons who succeed to the liability for the loan, a representative shall be chosen to manage the property acquired by loan, and this shall be reported together with the above fact. <Amended on Feb. 6, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER VII OTHER ASSISTANCE
| Article 63 (Elder Care Assistance) |
A national institution for the aged may provide assistance to a person of distinguished service to the State or his or her bereaved families (excluding children) who has no supporting person (including a person who has a supporting person but has no ability prescribed by Presidential Decree to support him or her) among men who are 65 years of age or over, or women who are 60 years of age or over (in cases of a soldier or police official wounded in action or wounded on active duty, person wounded in the April 19 Revolution, public official wounded on active duty or special contributor wounded on active duty, referring to a man who are 60 years of age or over, or a woman who are 55 years of age or over). In such cases, the spouse of a person of distinguished service to the State may be provided with assistance together with the person of distinguished service to the State, who is entitled to elder care assistance, as determined by the Minister of Patriots and Veterans Affairs. <Amended on Feb. 17, 2012>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 63-2 (Subsidies to Long-Term Care Assistance) |
| (1) | The Minister of Patriots and Veterans Affairs may subsidize some expenses to be borne by a person entitled to domiciliary benefits or facility benefits under Article 23 (1) 1 or 2 of the Long-Term Care Insurance Act among the following persons, in consideration of the standard of living, as prescribed by Presidential Decree: |
| 1. | A person who has rendered distinguished service to the State; |
| 2. | The spouse of a person who has rendered distinguished service to the State; |
| 3. | Parents of a person who has rendered distinguished service to the State among his or her bereaved family members. |
| (2) | A person who intends to obtain a subsidy pursuant to paragraph (1) shall file an application for payment of such subsidy with the Minister of Patriots and Veterans Affairs. In such cases, Articles 14-2 through 14-4 shall apply mutatis mutandis to procedures for verifying the standard of living of an applicant. |
| (3) | Matters necessary for standards for selecting persons eligible for subsidies and the amount of subsidies payable under paragraphs (1) and (2) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 63-3 (Domiciliary Care Service for Patriots and Veterans) |
| (1) | The Minister of Patriots and Veterans Affairs may provide domiciliary care service for patriots and veterans that assists persons who have rendered distinguished service to the State, their bereaved families or families in housekeeping activity, health care, emotional activity, etc. at home in order to facilitate their daily life. |
| (2) | Any 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) | Specific criteria for selecting persons eligible for service 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 64 (Child Care Assistance) |
Among minor children and minor younger siblings of a person who has rendered distinguished service to the State, a person who has none under obligation to support (including cases where there is a person under obligation to support but he or she has no ability to furnish such support prescribed by Presidential Decree), or a person under obligation to support receiving elder care assistance, may be cared for in national child care institutions: Provided, That where a person receiving child care assistance is 19 years of age, and is attending a high school, college or university or schools corresponding to these, or enters a college or university or schools corresponding to these in the year that he or she turns 19 years of age, he or she may continue to receive the child care assistance until he or she graduates from the school concerned. <Amended on May 29, 2016>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 65 (Entrusting of Elder Care Assistance) |
| (1) | Where it is deemed necessary for the operation of elder care or child care assistance, the Minister of Patriots and Veterans Affairs may entrust social welfare facilities, such as welfare facilities for the old or children, with such assistance. |
| (2) | The State shall bear the expenses incurred for elder care or child care assistance. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 66 (Beneficial Use of Transportation Facilities) |
| (1) | Any of the following persons may be permitted to use transportation facilities of the State, local governments and public institutions prescribed by Presidential Decree, free of charge or at a discounted rate, as prescribed by Presidential Decree: |
| 1. | A soldier or police official wounded in action or wounded on duty, wounded activist of the April 19 Revolution, public official wounded on duty, and special contributor wounded on active duty; |
| 2. | Where persons under subparagraph 1 are not able to engage in activities without assistance of another, a person who directly protects them and uses the transportation facilities. |
| (2) | The State may grant subsidies to persons who permit persons who fall under any subparagraph of paragraph (1) to use transportation facilities under paragraph (1), free of charge or at a discounted rate, within the budget. <Amended on May 29, 2016> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 67 (Beneficial Use of Ancient Palaces) |
Persons who have rendered distinguished service to the State and their bereaved families or their families may be permitted to use facilities such as ancient palaces, parks, etc. under the management of the State or local government, free of charge or at a discounted rate, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 68 (Preferential Provision of Houses) |
| (1) | The State or a local government may preferentially provide housing constructed by the State or the local government or housing constructed or supplied by receiving financing from the State or the local government or by receiving support from the Housing and Urban Fund under the Housing and Urban Fund Act to persons eligible for loans under Article 47 among the persons who have rendered distinguished service to the State and their bereaved families, taking into account their non-homeownership periods, standard of living, etc., as prescribed by Presidential Decree. <Amended on Oct. 31, 2017> |
| (2) | Any business entity that constructs and supplies private housing pursuant to Article 54 of the Housing Act may preferentially provide a portion of private housing constructed and supplied to persons eligible for loans under Article 47 among the persons who have rendered distinguished service to the State and their bereaved families. <Newly Inserted on Oct. 31, 2017> |
| (3) | Any person who intends to be supplied with a house pursuant to paragraph (1) or (2) shall file an application with the Minister of Patriots and Veterans Affairs. In such cases, the provisions of Article 14-2 through Article 14-4 shall apply mutatis mutandis, with respect to the application for provision of houses, methods and procedures for ascertaining the applicant’s standard of living, etc. <Amended on Oct. 31, 2017> |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 68-2 (Livelihood Assistance) |
| (1) | Where the State, local governments and public organizations permit or entrust the operation of a kiosk or installation of vending machines in the public facilities under jurisdiction for sale of commodities such as food, office supplies, newspapers, if there is an application from the persons who have rendered distinguished service to the State and their bereaved families, etc. subject to the registration and determination under Article 6, such fact shall be reflected in priority. In such cases, necessary matters concerning the scope of public organization, size of kiosk, etc. shall be prescribed by Presidential Decree. |
| (2) | Those who are permitted or entrusted under paragraph (1) shall directly conduct such business unless there is a compelling reason not to do so, such as serious illness. |
[This Article Newly Inserted on Mar. 28, 2008]
| Article 69 Deleted. <Jul. 29, 2005> |
CHAPTER VIII SUPPORT FOR SOLDIERS AND POLICE OFFICERS BEING TREATED SIMILARLY TO PERSONS OF DISTINGUISHED SERVICE TO THE STATE
| Article 70 Deleted. <Dec. 31, 1997> |
| Article 71 Deleted. <Dec. 31, 1997> |
| Article 72 Deleted. <Dec. 31, 1997> |
| Article 72-2 Deleted. <Dec. 31, 1997> |
| Article 72-3 Deleted. <Dec. 31, 1997> |
| Article 73 (Application Mutatis Mutandis to June 18 Wounded Freedom Seekers) |
Where any of the following persons among soldiers or civilian military employees of North Korea, who became captives of the Korean armed forces or the United Nations forces between June 25, 1950 and July 23, 1953, is determined as a June 18 Wounded Freedom Seeker by the Patriots and Veterans Entitlement Commission, the Minister of Patriots and Veterans Affairs shall compensate him or her in the same manner as soldiers or police officials wounded on active duty are compensated: <Amended on Sep. 15, 2011; May 29, 2016>
| 1. | A person loyal to the Republic of Korea who was injured while he or she was in a prison camp and whose injury inflicted by a person loyal to North Korea is severe enough to be granted a disability rating at a physical examination conducted by the Minister of Patriots and Veterans Affairs; |
| 2. | A person who was injured in an attempt to defect to the Republic of Korea and whose injury is severe enough to be granted a disability rating at a physical examination conducted by the Minister of Patriots and Veterans Affairs. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 73-2 (Medical Support for Police Officials and Fire-Fighting Officials Who Have Not Been Granted a Disability Rating) |
The State shall provide any person prescribed by Presidential Decree, such as a police official or a fire-fighting official who retired after suffering an injury in the line of duty or during education or training but has not been granted a disability rating, with medical diagnosis and treatment of the injury (excluding cases where an injury is aggravated by the subject’s intention) at a VHS medical center established under Article 7 of the Korea Veterans Health Service Act or at a medical institution designated and entrusted by the Minister of Patriots and Veterans Affairs. In such cases, expenses incurred in rendering medical diagnosis and treatment shall be borne by the State. [This Article Newly Inserted on May 29, 2016]
| Article 74 (Compensation to Civilian Military Employees Involved in Battle) |
| (1) | Any of the following persons shall be deemed a soldier or police official killed in action, or wounded in action, or killed in the line of duty, or wounded on active duty according to his or her death or a disability rating, and shall be compensated accordingly: <Amended on Sep. 15, 2011> |
| 1. | A civilian military employee or public official dispatched to any foreign country for military purposes, who was killed or wounded (referring to a person determined as in a disability rating on a physical examination conducted by the Minister of Patriots and Veterans Affairs) in battle or in the course of performing his or her duty corresponding thereto; |
| 2. | A war correspondent who followed the army in battle and military operations with approval from the Government, who was killed or wounded during his or her service in a war; |
| 3. | A person mobilized pursuant to the Mobilization of Labor Force in Time of War Act (prior to repeal by Act No. 5846 of February 8, 1999), a member of a young men's association, a local defense force, a fire fighter, a volunteer fire fighter, a student soldier or members of other patriotic organizations, killed or wounded in combat action or other action corresponding thereto or education and training relevant thereto. |
| (2) | In applying paragraph (1), Article 4 (2) shall apply mutatis mutandis to specific standards for subparagraphs 1 through 3 and the scope thereof, and specific standards for subparagraph 4 and the scope thereof shall be prescribed by Presidential Decree: <Amended on Sep. 15, 2011> |
| 1. | A person killed or wounded in battle or in the course of performing his or her duty corresponding thereto under paragraph (1) 1; |
| 2. | A person killed or wounded in the course of following the army in battle or military operations under paragraph (1) 2; |
| 3. | A person killed or wounded in battle, during the action equivalent thereto, or education and training related thereto under paragraph (1) 3; |
| 4. | A person mobilized, a member of a young men's association, a local defense force, a fire fighter, a volunteer fire fighter, a student soldier or member of other patriotic organizations under paragraph (1) 3. |
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER VIII-2 MEMORIAL FACILITIES
| Article 74-2 (Designation of Memorial Facilities) |
| (1) | The Minister of Patriots and Veterans Affairs may designate various structures, modeling products and historic places in memory of the persons of distinguished service to the State or their merits and sacrificial spirits, or a specific district, etc. where the merits and sacrifices of the persons of distinguished service to the State (hereinafter referred to as "facilities, etc.") occurred, as the memorial facilities, which are recognized to have considerable values for cultivating national patriotism. |
| (2) | Memorial facilities shall be designated according to following classifications: |
| 1. | Facilities relevant to the independent movements; |
| 2. | Facilities relevant to the protection of the State. |
| (3) | Owners or managers of the facilities under paragraph (1) may request the Minister of Patriots and Veterans Affairs to designate them as the memorial facilities. |
| (4) | The Minister of Patriots and Veterans Affairs may terminate the relevant designation if the facilities designated as the memorial ones have lost their values, or if it is recognized that it is inappropriate to manage them as memorial facilities. |
| (5) | Matters necessary for the designation of the memorial facilities and their termination, and classification, etc. of memorial facilities shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 74-3 (Management of Memorial Facilities) |
| (1) | In designating the memorial facilities under Article 74-2 (1), the Minister of Patriots and Veterans Affairs shall concurrently designate a manager of memorial facilities as prescribed by Presidential Decree. |
| (2) | A manager of memorial facilities shall faithfully manage such facilities, and exert full efforts required for preventing any damage, destruction or loss of them. |
| (3) | The State and local governments may subsidize part of expenses incurred for the management of memorial facilities within the budget, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 74-4 (Support to Establishment of Memorial Facilities) |
| (1) | Any person, other than the State or local governments, who intends to establish memorial facilities may formulate a business plan for the establishment of memorial facilities (hereinafter referred to as "business plan"), and obtain approval from the Minister of Patriots and Veterans Affairs. |
| (2) | As regards a person who has obtained approval on the business plan under paragraph (1), part of expenses incurred for such business may be subsidized within the budget, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER VIII-3 PATRIOTS AND VETERANS ENTITLEMENT COMMISSION
| Article 74-5 (Establishment of Patriots and Veterans Entitlement Commission) |
| (1) | The Patriots and Veterans Entitlement Commission shall be established under the jurisdiction of the Minister of Patriots and Veterans Affairs to deliberate and pass resolutions on the following matters related to compensation, etc. under this Act: <Amended on Nov. 26, 2019> |
| 1. | Matters as to whether a person who is provided for as to undergo deliberation and resolution by the Patriots and Veterans Entitlement Commission, meets the requirements for registration as a person, among persons entitled to veterans benefits defined in subparagraph 2 of Article 3 of the Framework Act on Veterans Affairs; |
| 2. | Matters concerning determination of the degree of disability under Article 6-4; |
| 3. | Matters as to whether a further disability is approved under Article 6-5 (1); |
| 4. | Matters concerning the verification of the lapse of an entitlement under Article 9; |
| 5. | Matters concerning the verification of a person who has substantially supported or raised a person who has rendered distinguished service to the State under Article 13 (2) 2; |
| 7. | Matters concerning a code of conduct and the implementation thereof under Article 74-11; |
| 8. | Matters concerning recusal of a member under Article 74-14 (2); |
| 10. | Matters concerning deficits disposal of veterans' benefits, etc. under Article 75 (3); |
| 11. | Matters concerning exemption from obligation to return veterans' benefits, etc. under Article 76; |
| 12. | Matters concerning the period of suspension of compensation and the degree of compensation under Article 78 (1); |
| 13. | Matters as to whether a person referred to in Article 79 (1) 5 is excluded from applying the Act, and as to whether the person is determined as a person to be governed by the Act under paragraph (3) of the same Act; |
| 14. | Matters concerning the establishment of standards for examining requirements for registration as a person who has rendered distinguished service to the State, etc.; |
| 15. | Other matters prescribed in other statutes and regulations as to be under the jurisdiction of the Patriots and Veterans Entitlement Commission. |
| (2) | The Patriots and Veterans Entitlement Commission may employ experts necessary to enhance speciality of duties of review and to conduct investigations and research related to reviews. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-6 (Composition and Appointment of Patriots and Veterans Entitlement Commission) |
| (1) | The Patriots and Veterans Entitlement Commission shall be comprised of not more than 120 members, including one chairperson, and standing members of the Patriots and Veterans Entitlement Commission (hereinafter referred to as "member") shall not exceed five persons. |
| (2) | The President shall appoint the chairperson of the Patriots and Veterans Entitlement Commission (hereinafter referred to as the "Chairperson") and standing members upon the recommendation of the Minister of Patriots and Veterans Affairs from among the following persons, and the Minister of Patriots and Veterans Affairs shall appoint non-standing members from among the following persons: |
| 1. | A current or former public official equal to or higher than Grade IV from among persons who have at least five years’ experience in patriots and veterans affairs; |
| 2. | A current or former public official of the Senior Executive Service; |
| 3. | A person who holds or held office as a judge, public prosecutor or attorney-at-law for at least six years; |
| 5. | A person who is or was in office equal to or higher than an associate professor or in office corresponding thereto in an authorized college or research institute for at least three years. |
| (3) | The term of office of the chairperson and a member shall be three years, respectively, and may be renewable only one further term. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-7 (Subcommittees and Expert Committees) |
| (1) | The Patriots and Veterans Entitlement Commission may establish up to six subcommittees in each field in order to efficiently conduct affairs referred to in Article 74-5 (1) 1 through 5, 10 through 13 and 15. |
| (2) | Matters deliberated and resolved on by a subcommittee with unanimous consent of all members shall be deemed deliberated and resolved on by the Patriots and Veterans Entitlement Commission. |
| (3) | If deemed necessary to efficiently conduct affairs referred to in Article 74-5 (1) 14, the Patriots and Veterans Entitlement Commission may organize and operate an expert committee. |
| (4) | Matters deliberated on by an expert committee shall be reported to the Chairperson and shall be deliberated and resolved on by the Patriots and Veterans Entitlement Commission. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-8 (Rights to Request Data) |
| (1) | Where the Patriots and Veterans Entitlement Commission deems it necessary for deliberating and passing resolutions on matters referred to in the subparagraphs of Article 74-5 (1), it may request any of the following persons to submit related data or to supplement data already submitted or to submit additional data. In such cases, a person in receipt of a request to submit data, etc. shall comply therewith unless there is a compelling reason not to do so: <Amended on Dec. 31, 2011> |
| 2. | The head of an agency with which a person was affiliated under the latter part of Article 6 (3); |
| 3. | The Administrator of the Military Manpower Administration; |
| 8. | Other persons prescribed by Presidential Decree. |
| (2) | Where the Patriots and Veterans Entitlement Commission deems it necessary for deliberating and passing resolutions on matters referred to in the subparagraphs of Article 74-5 (1), it may require related public officials, experts and witnesses in fields related to agenda items subject to deliberation to attend a meeting of the Patriots and Veterans Entitlement Commission to state their opinions, and require a member or affiliated employee to investigate witnesses and evidence or conduct on-site checks. |
| (3) | A member or affiliated employee who conducts an investigation or on-site checks pursuant to paragraph (2) shall produce a certificate indicating his or her authority to related persons. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-9 (Requests for Close Investigation of Facts) |
| (1) | Where the Patriots and Veterans Entitlement Commission deems it necessary to precisely ascertain the background how a person who has applied for registration to be acknowledged as a soldier or police official killed in action, etc. was killed or wounded (including suffering from a disease he or she contracted on active duty) in relation to an examination of the requirements for registration as such person, it may request the head of an agency with which he or she was affiliated, under the latter part of Article 6 (3) to closely investigate facts related to the requirements for registration. |
| (2) | The Patriots and Veterans Entitlement Commission may request a close investigation of facts referred to in paragraph (1) only where it is impracticable to fully ascertain the background thereof through a request for data, etc., and hearing of opinions and investigation of evidence, or impracticable to conduct on-site checks pursuant to Article 74-8 (1) and (2). |
| (3) | The head of an agency in receipt of a request for a close investigation of facts pursuant to paragraph (1) shall require the department in charge of internal inspections to ascertain the related facts in detail, and submit the findings thereof to the Patriots and Veterans Entitlement Commission, as prescribed by Ordinance of the Prime Minister |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-10 (Requests for Re-Examination) |
In any of the following cases, the Minister of Patriots and Veterans Affairs may request the Patriots and Veterans Entitlement Commission to re-examine matters it has deliberated and passed resolutions on:
| 1. | Where the court division in charge of litigation advises the Minister of Patriots and Veterans Affairs to make a reconciliation for the prompt settlement, etc. of a dispute, while in the process of administrative litigation on a disposition issued by him or her in relation to matters referred to in the subparagraphs of Article 74-5 (1); |
| 2. | Where a State agency, such as the Board of Audit and Inspection or the Anti-Corruption and Civil Rights Commission of Korea, advises the Minister of Patriots and Veterans Affairs to rectify a disposition issued by him or her in relation to matters referred to in the subparagraphs of Article 74-5 (1); |
| 3. | Where the Minister of Patriots and Veterans Affairs deems it necessary to re-examine other matters the Patriots and Veterans Entitlement Commission has deliberated and passed resolutions thereon. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-11 (Code of Conduct of Members) |
| (1) | All members of the Patriots and Veterans Entitlement Commission shall perform affairs fairly and faithfully according to law and conscience. |
| (2) | The Patriots and Veterans Entitlement Commission shall establish a code of conduct that its members should observe in performing affairs pursuant to paragraph (1) and matters concerning the implementation thereof following a resolution passed thereby. |
| (3) | The code of conduct referred to in paragraph (2) shall include the following: |
| 1. | Matters concerning the prohibition of conducts of receiving entertainment, money or other valuables in relation to the performance of affairs by members; |
| 2. | Matters concerning the prohibition of, or limitation on, conducts of compromising fairness and neutrality in relation to the performance of affairs by members; |
| 3. | Matters concerning the faithful performance of affairs, such as attending meetings of the Patriots and Veterans Entitlement Commission or meetings of subcommittees and reviewing agenda items; |
| 4. | Other matters necessary to maintain the dignity of the members. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-12 (Grounds for Disqualification) |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-13 (Guarantee of Status of Members) |
| (1) | No member shall be dismissed or removed against his or her wishes, except in the following cases: |
| 1. | Where he or she becomes unable to perform his or her duties due to long-term mental or physical infirmity; |
| 2. | Where misconduct is discovered in relation to his or her duties, or misconduct is discovered that the member is deemed inappropriate to maintain his or her position of a member; |
| 3. | Where he or she faces difficulty performing his or her duties as a member due to a breach of the code of conduct established under Article 74-11. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-14 (Abstention and Recusal of Members) |
| (1) | Where a member falls under any of the following, he or she shall abstain from deliberating and passing resolutions on the relevant agenda item: |
| 1. | Where the member or a person who is or was of kinship with him or her becomes a party to the relevant agenda item or has a stake in such agenda item; |
| 2. | Where the member makes a statement or gives an expert opinion on the relevant agenda item; |
| 3. | Where the member is or was involved in the relevant agenda item as an agent of a party thereto; |
| 4. | Where the member has been involved in the disposition or omission that becomes the cause of the relevant agenda item. |
| (2) | Where a party to an agenda item anticipates unfairness in deliberation or resolutions by a member, he or she may apply for recusal of the member. In such cases, the Patriots and Veterans Entitlement Commission shall determine whether to recuse the relevant member by resolution, and the member against whom an application for recusal has been filed shall abstain from passing a resolution on the agenda item. |
| (3) | Where a ground referred to in paragraph (1) or (2) applies to a member, the member may abstain from deliberating or passing a resolution on such agenda item of his or her own accord. |
| (4) | Paragraphs (1) through (3) shall apply to employees of the Patriots and Veterans Entitlement Commission involved in review procedures. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-15 (Duty to Maintain Confidentiality) |
No current or former member shall divulge confidential information he or she has becomes aware of in the course of performing his or her duties.
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-16 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-17 (Detailed Matters concerning Composition and Operation of Patriots and Veterans Entitlement Commission) |
Detailed matters concerning the composition and operation of the Patriots and Veterans Entitlement Commission, subcommittees and expert committees, and other matters necessary for engaging in activities of the Patriots and Veterans Entitlement Commission shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Sep. 15, 2011]
| Article 74-18 (Filing Objections) |
| (1) | A person who has an objection to a disposition issued by the Minister of Patriots and Veterans Affairs in relation to matters referred to in Article 74-5 (1) 1, 3 through 5, 11 through 13 and 15 may file an objection with the Minister of Patriots and Veterans Affairs in any of the following cases: |
| 1. | Where he or she determines that the relevant disposition has been based on the misapplication of any statute or regulation; |
| 2. | Where he or she determines that the Minister of Patriots and Veterans Affairs has failed to consider important evidence when he or she issued the relevant disposition; |
| 3. | Where new evidence related to the disposition is found after such disposition has been issued. |
| (2) | An objection referred to in paragraph (1) shall be filed with the Minister of Patriots and Veterans Affairs within 30 days after receipt of a disposition issued by the Minister of Patriots and Veterans Affairs, as prescribed by Ordinance of the Prime Minister. |
| (3) | The Minister of Patriots and Veterans Affairs shall determine on an objection filed under paragraph (1) following deliberation or resolution by the Patriots and Veterans Entitlement Commission and notify the person who has filed the objection of the results thereof. |
| (4) | A person who has filed an objection pursuant to paragraph (1) may file an administrative appeal under the Administrative Appeals Act irrespective of the objection so filed. In such cases, a person who filed an objection and has been notified of the results thereof may file an administrative appeal under the Administrative Appeals Act within 90 days from the date he or she is notified of the results thereof. |
[This Article Newly Inserted on Sep. 15, 2011]
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 75 (Recovery of Veterans' Benefits) |
| (1) | Where any of the following applies to a person who has obtained compensation pursuant to this Act, the Minister of Patriots and Veterans Affairs shall recover his or her veterans' benefits, educational subsidies (including tuition fees, etc. subsidized pursuant to Articles 25 and 25-2), vocational rehabilitation training expenses or vocational skill development training expenses referred to in Article 38, subsidies or aids for ability development referred to in Article 39, subsidies for medical treatment referred to in Article 42, subsidies under Article 55 and subsidies for long-term care assistance referred to in Article 63-2: <Amended on Feb. 6, 2009; Sep. 15, 2011> |
| 1. | Where he or she has obtained compensation by fraud or other improper means; |
| 2. | Where the ground for obtaining compensation lapses retroactively after having obtained such compensation; |
| 3. | Where benefits were paid by mistake. |
| (2) | In cases of recovery under paragraph (1), where a person obligated to return veteran’s benefits, etc. fails to return it by the due date, the Minister of Patriots and Veterans Affairs may collect it in the same manner as delinquent national taxes are collected. |
| (3) | Where the Minister of Patriots and Veterans Affairs collects veteran’s benefits, etc. pursuant to paragraph (2), when he or she deems that recovery of such veteran’s benefits is impossible because the person liable to return such benefits is gone missing or has no property, or on other inevitable grounds, he or she may take the disposition on loss. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 76 (Exemption from Duty of Return) |
| (1) | Where a person who has obtained compensation pursuant to this Act falls under Article 75 (1) 2, if it is paid on grounds not attributable to himself or herself, the Minister of Patriots and Veterans Affairs may exempt him or her from returning the veteran’s benefits, etc. notwithstanding Article 75. |
| (2) | The scope of exemption under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 77 (Requests to Provide Data) |
| (1) | The Minister of Patriots and Veterans Affairs may request the heads of related agencies to provide resident registration information, matters regarding family relationship registration, matters regarding the registration of Korean nationals residing abroad, data regarding military service, data regarding national taxes and local taxes, data regarding income and assets, data concerning various pensions and insurances, such as the national pension and health insurance, information about entry into and departure from the Republic of Korea, etc. in order to conduct the following affairs. In such cases, the heads of related agencies requested to do so shall comply with such request unless there is good cause: |
| 1. | Registration of persons who have rendered distinguished service to the State, their bereaved families or their families under Article 6; |
| 2. | Affairs concerning the reporting of changes in persons who have rendered distinguished service to the State, their bereaved families or their families under Article 6-2; |
| 3. | Payment of veterans' benefits under Article 11; |
| 4. | Investigation to ascertain whether an entitlement to the cost of living allowance has arisen or has been lost under Article 14-3 (1) (including cases where this paragraph is applied mutatis mutandis pursuant to latter part of Article 22 (4)); |
| 5. | Subsidizing tuition fees, etc. to private colleges, etc. under Article 25 (3); |
| 6. | Checking the actual status of the appointment or employment by institutions providing employment assistance under Articles 33 (2) and 33-3 (2); |
| 8. | Providing security and preserving claims under Article 56 (3), (5) and (6); |
| 9. | Tasks regarding succession to loans provided for in Article 62; |
| 10. | Subsidizing long-termmedical care assistance under Article 63-2; |
| 11. | Preferential allotment of housing prescribed in Article 68; |
| 12. | Recovery and write-off of veterans' benefits, etc. under Article 75; |
| 14. | Exclusion from eligibility for application of this Act under Article 79. |
| (3) | No person who performs or performed affairs under paragraphs (1) and (2) shall retrieve or use the materials or information under paragraph (1) for purposes other than those prescribed by this Act, nor shall 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 Wholly Amended on Oct. 31, 2017]
| Article 78 (Suspension of Compensation) |
| (1) | Where a person who has rendered distinguished service to the State violates this Act or an order issued under this Act, or does any demeaning act prescribed by Presidential Decree, the Minister of Patriots and Veterans Affairs shall not pay all or part of compensation payable pursuant to this Act and any other Acts, specifying a period up to three years following a resolution by the Patriots and Veterans Entitlement Commission. |
| (2) | Where a person who has rendered distinguished service to the State commits a crime prescribed by Presidential Decree and is sentenced to imprisonment without labor or a heavier punishment, and such ruling becomes final and conclusive, the Minister of Patriots and Veterans Affairs shall not pay veterans' benefits to him or her during the period of punishment sentenced from the month following the month in which such ruling is made. <Amended on Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 79 (Exclusion from Eligibility for Application of This Act) |
| (1) | Where a person who has rendered distinguished service to the State to whom this Act applies or is to be applied falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude him or her from eligibility for the application of this Act and shall not pay to him or her, his or her bereaved family or family the full compensation to be received pursuant to this Act or any other Acts: <Amended on Apr. 15, 2010; Sep. 15, 2011; Dec. 18, 2012; Apr. 5, 2013; Jan. 6, 2016; Oct. 31, 2017; Jan. 16, 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: |
| (b) | The crime under Articles 2 (1), 3 (3), and 6 (limited to an attempt to commit crimes under Articles 2 (1) and 3 (3) of the same Act) of the Punishment of Violences Act (the Act prior to the amendment of Act No. 13718); |
| (c) | A crime provided for in Articles 5, 5-2, 5-4 and 5-5 of the Act on the Aggravated Punishment of Specific Crimes; |
| (d) | The crime under Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes; |
| (e) | Any 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); |
| 5. | A person who has habitually committed any demeaning act prescribed by Presidential Decree. |
| (2) | Where the bereaved family or family of a person who has rendered distinguished service to the State, to whom this Act applies or is to be applied, falls under any subparagraph of paragraph (1), the Minister of Patriots and Veterans Affairs shall exclude him or her from eligibility of the application of this Act and shall not pay all compensation he or she is entitled to. <Amended on Sep. 15, 2011> |
| (3) | Where a person excluded from eligibility of the application of this Act pursuant to paragraph (1) falls under any of the following subparagraphs, only when that person is deemed to repent conscientiously, the Minister of Patriots and Veterans Affairs may determine him or her to be a beneficiary under this Act and grant compensation, upon receipt of an application for registration pursuant to Article 6: Provided, That this shall not apply where the person falls under paragraph (1) 2: <Amended on Feb. 6, 2009; May 29, 2016> |
| 1. | Where he or she was sentenced to imprisonment or more severe punishment, and three years have passed from the date the sentence was completed or he or she was confirmed not to have served the sentence; |
| 2. | Deleted; <Feb. 6, 2009> |
| 3. | In cases other than subparagraph 1, when two years have passed since the date he or she were excluded from eligibility for application of this Act. |
| (4) | Where the Minister of Patriots and Veterans Affairs excludes a person who has rendered distinguished service to the State, his or her bereaved family or family from eligibility of the application of this Act on a ground provided for in paragraph (1) 5 or when he or she determines a person excluded from eligibility of the application of this Act pursuant to paragraph (3) as a person eligible to be governed by this Act again, he or she shall pass a resolution thereon by the Patriots and Veterans Entitlement Commission. <Amended on Sep. 15, 2011; May 29, 2016> |
| (5) | Where the Minister of Patriots and Veterans Affairs intends to suspend compensation pursuant to Article 78 (2) or exclude a person from eligibility under this Act pursuant to paragraphs (1) and (2), he or she may request the heads of related agencies to provide criminal records or information about imprisonment in a correctional facility. <Amended on Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 80 (Restrictions on Organization of Support Associations for Persons of Distinguished Service to the State) |
| (1) | No person shall be permitted to organize any association for the purpose of profit-making or to act collectively or personally on the pretext of supporting persons who have rendered distinguished service to the State, their bereaved families or families. |
| (2) | No association shall be permitted to use the term "person who has rendered distinguished service to the State" prescribed in this Act or any expression which may be mistaken for that term, unless otherwise prescribed for in the Acts. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 81 (Judicial Police Power) |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 82 Deleted. <Sep. 15, 2011> |
| Article 82-2 Deleted. <Sep. 15, 2011> |
| Article 82-3 Deleted. <Sep. 15, 2011> |
| Article 82-4 Deleted. <Sep. 15, 2011> |
| Article 82-5 Deleted. <Sep. 15, 2011> |
| Article 82-6 (Requests for Cooperation to Related Agencies) |
| (1) | Where necessary for the registration affairs of the persons, etc. who rendered distinguished service to the State, the Minister of Patriots and Veterans Affairs may request the Minister of National Defense to dispatch the medical officers. |
| (2) | Where deemed necessary for the registration, compensation, etc. of the persons, etc. who rendered distinguished service to the State, or for the establishment and management of memorial facilities, and for other cases required for the enforcement of this Act, the Minister of Patriots and Veterans Affairs may request the related agencies, corporations, organizations or the owners of memorial facilities to render necessary cooperation. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 82-7 (Payment of Monetary Rewards) |
| (1) | The Minister of Patriots and Veterans Affairs may pay a reward, within the budget, to a person who reports any person who falls under any of the following subparagraphs: |
| 1. | A person who files for registration as having rendered distinguished service to the State, his or her bereaved family or family by fraud or other improper means, in violation of Article 6; |
| 2. | A person who unlawfully obtains a veterans' benefit, in violation of Article 6-2; |
| 3. | A person who obtains the determination of a disability rating on the physical examination by fraud or other improper means, in violation of Article 6-3. |
| (2) | Matters necessary in relation to the requirements for reporting, standards, methods and procedures for payment of monetary rewards referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2011]
| Article 83 (Delegation and 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 affiliated agency 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 commission the clerical work involving the payment of the veterans' benefits, etc. and the clerical work involving loans to postal offices or banks as prescribed by Presidential Decree. <Amended on May 17, 2010; Dec. 22, 2015> |
| (3) | The Minister of Patriots and Veterans Affairs may commission the physical examinations of soldiers or police officials wounded in action or wounded on duty to the heads of veterans hospitals established under Article 7 of the Korea Veterans Health Service Act, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 84 Deleted. <Mar. 28, 2008> |
CHAPTER X PENALTY PROVISIONS
| Article 85 (Penalty Provisions) |
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 Dec. 15, 2011; Mar. 31, 2017>
| 1. | A person who receives compensation under this Act, or aids and abets another person to receive such compensation, by fraud or other improper means; |
| 2. | A person who uses, provides or divulges financial information, etc. in violation of Article 14-4 (6) (including cases where it is applied mutatis mutandis to the latter part of Article 22 (4), the latter of Article 63-2 (2) and the latter part of Article 68 (3)); |
| 3. | A person who inquires, uses, provides or divulges data or information, in violation of Article 77 (3). |
| (2) | Any person who attempts to commit a crime under paragraph (1) 1 shall be punished. <Amended on Sep. 15, 2011> |
| (3) | Deleted. <Oct. 31, 2017> |
| (4) | Any person who violates Article 80 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding three million won. <Amended on Sep. 15, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 86 (Administrative Fines) |
| (1) | Any person who violates an order to employ pursuant to Article 34 (3) without good cause shall be punished by an administrative fine not exceeding 10 million won. <Amended on Feb. 6, 2009; Sep. 15, 2011; Jun. 12, 2018> |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Sep. 15, 2011> |
| 1. | A person who fails to file a report referred to in Article 33-3 (1) or files a false report; |
| 2. | A person who fails to comply with a request for explanation made under Article 33-3 (2) or who makes a false statement or who refuses, interferes with or evades the submission of data; |
| 3. | A person who fails to comply with a request to make corrections under Article 36 (2); |
| 4. | A person who uses a name similar to an association of persons who have rendered distinguished service to the State, in violation of Article 80 (2). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. <Newly Inserted on Feb. 6, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 87 Deleted. <Feb. 6, 2009> |
ADDENDA <Act No. 3742, Aug. 2, 1984>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1985: Provided, That compensation in respect of the recipients of the Order of Choongmoo, Wharang or Inhun Military Merit, the Order of National Security from among the recipients of the Order of Military Merit or National Security prescribed under subparagraph 7 of Article 4 shall enter into force on January 1, 1986. Article 2 (Repealed Acts)
The following Acts are hereby repealed:
| 1. | The Military Relief and Assistance Compensation Act; |
| 2. | The Act on Special Relief and Assistance of Persons who have rendered Distinguished Service to the State; |
| 3. | The Military Relief and Assistance Compensation Payment Act; |
| 4. | The Act on Educational Benefits for Children of Beneficiaries of Military Relief and Assistance; |
| 5. | The Act on Engagement of Beneficiaries of Military Relief and Assistance; |
| 6. | The Act on Employment of Beneficiaries of Military Relief and Assistance; |
| 7. | The Act on Settlement Loans for Beneficiaries of Military Relief and Assistance. |
Article 3 (Transitional Measures concerning Classification of Persons who have Rendered Distinguished Service to State)
| (1) | The Minister shall classify the former patriots as national martyrs or patriots as prescribed by this Act according to the appropriate requirements of subparagraph 1 or 2 of Article 4, the former soldiers or police officials killed in action as soldiers or police officials killed in action or soldiers or police officials killed on active duty as prescribed by this Act according to the appropriate requirements of subparagraph 3 or 5 of Article 4, and the former wounded soldiers or police officials as soldiers or police officials wounded in action or soldiers or police officials wounded on duty as prescribed by this Act according to the appropriate requirements of subparagraph 4 or 6 of Article 4 as at the time this Act enters into force. |
| (2) | The former student volunteer soldiers as at the time this Act enters into force shall be deemed student volunteer soldiers who participated in the Korean War as prescribed in subparagraph 8 of Article 4. |
Article 4 (Transitional Measures concerning Registration)
Persons who have been registered as military relief and assistance recipients pursuant to the previous Military Relief and Assistance Compensation Act (including Acts providing for the recipients applied by the same Act), and who have been examined and determined to be persons who have rendered distinguished service to the state pursuant to the former Act on the Special Relief and Assistance of Persons who have rendered Distinguished Service to the State, shall be deemed to be registered as persons, etc. who have rendered distinguished service to the State as prescribed by this Act pursuant to Article 6, and where the Minister classifies them as persons who have rendered distinguished service to the State as prescribed by this Act pursuant to Article 3 (1) of the Addenda, he or she shall make the appropriate adjustments to the books regarding registration, etc. without delay. Article 5 (Transitional Measures concerning Compensation)
| (1) | Persons who have received or have been receiving various forms of relief and assistance such as compensation payments, educational guidance, employment assistance, medical benefits and settlement loans under the Acts to be repealed pursuant to Article 2 of the Addenda as at the time this Act enters into force shall be deemed persons who have received or have been receiving compensation as prescribed in Chapters 2 through 7. |
| (2) | The pensions, various allowances and other payments, educational expenses, retirement payments and settlement loans, in respect of which the grounds for payment already arose under the Acts to be repealed pursuant to Article 2 of the Addenda as at the time this Act enters into force shall be paid in accordance with the former provisions. |
Article 6 (Transitional Measures concerning Suspension of Pension Payment)
| (1) | Pensions in respect of which payment was suspended under the former Act on Appointment of Beneficiaries of Military Relief and Assistance and the Act on Employment of Beneficiaries of Military Relief and Assistance as at the time this Act enters into force shall be deemed to have been suspended pursuant to Article 20 (1), and the retirement payments as prescribed by the previous Military Relief and Assistance Compensation Payment Act shall be deemed retirement compensation as prescribed in Article 40 (1). |
| (2) | Patriots, their bereaved families and families already employed pursuant to the former Act on Appointment of Beneficiaries of Military Relief and Assistance or the Act on Employment of Beneficiaries of Military Relief and Assistance as at the time this Act enters into force shall continue to receive the pension pursuant to the former provisions notwithstanding Article 20 (1). |
| (3) | Recipients of the Order of Military Merit who are receiving relief and assistance under the former Act on Special Relief and Assistance of Persons who have Rendered Distinguished Service to the State as at the time this Act enters into force shall continue to be compensated pursuant to the former provisions notwithstanding the proviso to Article 7 (2). |
Article 7 (Transitional Measures concerning Employment Orders)
Employment orders and employment commencement orders already issued under the former Act on Employment of Beneficiaries of Military Relief and Assistance as at the time this Act enters into force shall be deemed to have been issued pursuant to Articles 32 and 33. Article 8 (Transitional Measures concerning Loan Decisions)
Persons who have been determined as prospective recipients of loans under the former Act on Settlement and Loans for Beneficiaries of Military Relief and Assistance as at the time this Act enters into force shall be deemed to have been so determined pursuant to Article 52 (2). Article 9 (Transitional Measures concerning Settled Property)
| (1) | Settled property as prescribed by the former Act on Settlement Loans for Beneficiaries of Military Relief and Assistance as at the time this Act enters into force shall be deemed loan property as prescribed by this Act, and the security already offered shall be deemed the security offered pursuant to this Act. |
| (2) | Where a person who has acquired settlement property under the former Act on Settlement Loans for Beneficiaries of Military Relief and Assistance prior to this Act entering into force intends to change matters regarding the prohibition of transfer, etc. which has already been registered, to the contents prescribed in Article 58, the Minister may, ex officio, entrust the registration official with registration. |
Article 10 (Transitional Measures concerning Elder Care)
Persons who have been admitted and cared for in institutions for the aged pursuant to the former Military Relief and Assistance Compensation Act (including Acts providing for the beneficiaries applied by the same Act) or the Act on Special Relief and Assistance of Persons who have rendered Distinguished Service to the State as at the time this Act enters into force may continue to receive care for the aged notwithstanding Article 63. Article 11 (Transitional Measures concerning Redemption of Monetary Compensation)
Where the pensions, various allowances and other payments, educational expenses and retirement payments already paid pursuant to the former Relief and Assistance Compensation Payment Act, the Act on Special Relief and Assistance of Persons who have rendered Distinguished Service to the State and the Act on Educational Benefits for Children as Beneficiaries of Military Relief and Assistance prior to this Act entering into force, fall within any of the subparagraphs of Article 75 (1), they may be recovered or disposed on loss or exempted according to Articles 75 (2), (3) and 76. Article 12 (Transitional Measures concerning Members of Merit Reward Judgment Committee)
The persons appointed as chairperson and members of the former Relief and Assistance Committee as at the time this Act enters into force shall be deemed to have been appointed as chairperson and members of the Merit Reward Judgment Committee as prescribed in Article 82: Provided, That their term of office shall be calculated by including the term of office as former chairperson and members. Article 13 (Transitional Measures concerning Prescription)
The prescription for pensions, various allowances, and other payments and settlement loans, the grounds for payment of which arose pursuant to the former Military Relief and Assistance Compensation Payment Act and the Act on Special Relief and Assistance of Persons who have rendered Distinguished Service to the State, shall be governed by the former provisions notwithstanding Article 77. Article 14 Omitted.
Article 15 (Transitional Measures Following Amendment of Korea Relief and Assistance Welfare Corporation Act)
The title ‘Korea Relief and Assistance Welfare Corporation', which is indicated on the register of the property and other public books of the Korea Relief and Assistance Welfare Corporation as at the time this Act enters into force shall be deemed the title of the Korea Veterans Health Service.
Article 16 (Relationship to other Statutes and Regulations)
Where other statutes and regulations cite the Acts or their provisions to be repealed pursuant to Article 2 of the Addenda as at the time this Act enters into force, if this Act contains corresponding provisions, this Act or the corresponding provisions of this Act shall be deemed to have been cited in lieu of the provisions of the repealed Act, and where the "Patriots Project Fund Act" is cited, the "Memorial Project Fund for National Martyrs and Patriots Act" shall be deemed cited, where the "Korea Relief and Assistance Welfare Corporation Act" is cited, the "Korea Veterans Health Service Act" shall be deemed cited, where the "Act on the Establishment of Beneficiaries of Relief and Assistance Organization" has been cited, the "Act on the Establishment of Associations by Persons of Distinguished Service to the State and the Patriots and Veterans Fund Act" shall be deemed cited, and where the "Relief and Assistance Act" has been cited, the "Patriots and Veterans Fund Act" shall be deemed cited respectively.
ADDENDA <Act No. 4072, Dec. 31, 1988>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1989.
Article 2 (Transitional Measures concerning Repeal of Monetary Compensation Suspension System)
| (1) | Suspended pensions in respect of a person whose pension was suspended pursuant to the former provisions as at the time this Act enters into force shall be restored pursuant to the examples of payment of the previous supplementary compensation for retirement, within three years from the date this Act enters into force. |
| (2) | The restoration of suspended pensions as prescribed in paragraph (1) shall be undertaken as prescribed by Presidential Decree, taking into consideration the age or standard of living of the beneficiaries: Provided, That where grounds under any of the following subparagraphs occur, it shall be paid when those grounds arise notwithstanding paragraph (1): |
| 1. | Where a person given employment retires, dies or gets married; |
| 2. | Where there is no person to receive the pension as prescribed in Article 12. |
ADDENDA <Act No. 4185, Dec. 30, 1989>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1990. |
| (2) | (Special Case Provisions concerning Pension Payment) Compensation shall be paid in respect of persons who have received, as the bereaved family members of soldiers and police officials killed in action or who died on duty and soldiers and police officials wounded in action or on duty prior to the entry into force of Act No. 1260, the Military Pension Act, payment of an amount equivalent to twelve times the level of salary at the time of death or retirement added to the lump sum for retirement, notwithstanding the proviso to Article 12 (1). |
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 4457, Dec. 27, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1992: Provided, That the employment benefits and medical benefits in respect of the veterans discharged from long-term military service as prescribed in Articles 72 and 72-3 shall enter into force on July 1, 1992. Article 2 (Transitional Measures concerning Compensation)
| (1) | Persons awarded the National Foundation Medal or Presidential citation for service to the Independence Movement, and deemed national martyrs or patriots pursuant to the former provisions, as at the time this Act enters into force and their bereaved family members shall be deemed national martyrs and patriots and their bereaved family members as prescribed by this Act, and compensation shall be given effect accordingly. |
| (2) | Among the non-commissioned officers discharged from military service after April 4, 1981 as at the time this Act enters into force, those persons who have received employment benefits as prescribed in Article 72 (1) as non-commissioned officers discharged from long-term military service, shall receive the benefits as prescribed in this Act. |
Article 3 (Transitional Measures concerning Order of Pension Payment)
The former provisions shall apply in respect of a person who as at the time this Act enters into force, has received a pension as the grandson or granddaughter and who is successor to the head of the family of a national martyr or patriot who died prior to August 14, 1945, notwithstanding the main sentence of Article 13 (1). Article 4 (Transitional Measures concerning Scope of Bereaved Family Members)
The spouse of the husband registered as mother, and posthumous adopted child or adopted child by will and testament registered as child pursuant to the former provisions as at the time this Act enters into force shall be deemed to have been registered under this Act.
ADDENDA <Act No. 4685, Dec. 31, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994. (Proviso Omitted.)
Articles 2 through 17 Omitted.
Article 18 (Transitional Measures Following Amendment of other Acts)
| (3) | Notwithstanding the amended provisions of 4 and Article 5 (5) of the Act on the Honorable Treatment of Persons who have Rendered Distinguished Service to the State, the persons who have been exempted from the defense call-up or persons who shall be exempted from it and persons who have been called up for defense shall be governed by the former provisions. |
Article 19 Omitted.
ADDENDA <Act No. 4817, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1996.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 4857, Dec. 31, 1994>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1995. |
| (2) | (Transitional Measures Following Alteration of Titles of Persons who have Rendered Distinguished Service to State) The wounded persons of the April Uprising, deceased persons of the April Uprising and wounded anticommunist prisoners as at the time this Act enters into force shall be deemed the wounded persons of the April 19 Revolution, deceased persons of the April 19 Revolution and wounded anticommunist defectors respectively. |
| (3) | (Transitional Measures concerning Compensation for Spouses) The persons who were registered as spouses pursuant to the previous provisions, who were in a de facto marriage relationship with a person other than the person who rendered distinguished service to the State as at the time this Act enters into force shall be deemed the spouse, and compensation shall be provided for them, notwithstanding the amended provisions of Article 5 (1) 1 of this Act. |
ADDENDA <Act No. 5120, Dec. 29, 1995>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1996. |
| (2) | (Transitional Measures concerning Pension Payment) The parents, grandparents and sisters who are minors, who fall within Article 5 (1) 3 through 5 and who have received the pension as at the time this Act enters into force, shall be granted the pension pursuant to the former provisions, notwithstanding the amended provisions of Article 5 (2). |
ADDENDA <Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Adjustment of Scope of Institution for Employment Benefits)
Where there are persons employed pursuant to the former provisions at any institution excluded from the institutions for employment benefits according to the amended provisions of Article 30 as at the time this Act enters into force, those persons shall be deemed employed persons as prescribed by this Act, and where the employed person is working at that institution, the amended provisions of Articles 36, 37 and 86 (2) and 87 shall apply in respect of that employed person and that institution. Article 3 (Transitional Measures concerning New Enactment of Article 73-2)
The honorable treatment and compensation in respect of persons registered as soldiers or police officials who died on duty, soldiers or police officials wounded on duty, public officials who died on duty and public officials wounded on duty and their bereaved families or families, and persons who have applied for registration (including persons who have reported modifications under the amended provisions of former Articles 6 (3) and 6-2) as at the time this Act enters into force, shall be governed by the former provisions, notwithstanding the amended provisions of Article 73-2. Article 4 Omitted.
Article 5 (Relationship to other Statutes and Regulations)
Where other statutes and regulations cite the former Act on the Honorable Treatment of Persons who have Rendered Distinguished Service to the State or its provisions, if this Act contains the corresponding provisions, they shall be deemed to have cited this Act or the provisions of this Act.
ADDENDA <Act No. 5482, Dec. 31, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1998. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5499, Jan. 13, 1998>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on April 1, 1998. (Proviso Omitted.) |
Articles 2 through 10 Omitted.
ADDENDA <Act No. 5675, Jan. 21, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Persons who Enter or Are Transferred) An attending ratio to school for persons who attend middle, high schools and other schools equivalent to them as well as persons who make consultations with the relevant Superintendent of the Office of Education or the head of the district office of education of City/Do on the procedures for transfer or entrance to relevant school, as at the time this Act enters into force, shall be governed by the former provisions. |
ADDENDA <Act No. 6011, Aug. 31, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2000. |
| (2) | (Transitional Measures concerning Reaffirmation Physical Examination) Any person, who fails to get a judgment on the rating of his or her injury under the former provisions as at the time this Act enters into force, may undergo the reaffirmation physical examination upon his or her application or ex officio under the amended provisions of Article 6-3 (2) 3. |
| (3) | (Transitional Measures concerning Judgment on Rating of Injury) Any person, who gets a judgment on the rating of his or her injury under the former provisions as at the time this Act enters into force, shall be deemed to get a judgment on the rating of his or her injury under the amended provisions of Article 6-4 (1). |
ADDENDA <Act No. 6290, Dec. 26, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6339, Dec. 30, 2000>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2001: Provided, That those subject to applications under the amendments to Article 4 (1), diverse monetary compensation according to them, and the amendments to Articles 16-2 and 16-3 shall enter into force on July 1, 2001. |
| (3) | (Transitional Measures concerning Extinctive Prescription) The amendments to Article 77 shall also apply to the right to receive the monetary compensation already acquired as at the time this Act enters into force for which the extinctive prescription has not been completed under the previous provisions. |
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. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6648, Jan. 26, 2002>
| (1) | (Enforcement Date) This Act shall enter into force on March 1, 2002. |
| (2) | (Transitional Measures concerning Payment of Unpaid Monetary Compensation) The amended provisions of Article 18 shall be applied to the military merit honorary allowance, or the allowance to the children of fallen soldiers and police officials in the Korean War, for which the grounds for nonpayment have already been finalized as at the time this Act enters into force. |
ADDENDUM <Act No. 6920, May 29, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7104, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation, but shall be applied on January 1, 2004.
Article 2 (Applicability to Added Scores in Employment Examination)
The amended provisions of Article 31 shall begin to apply from the first employment examination published and held after this Act enters into force. Article 3 (Transitional Measure concerning Designation of Person Eligible for Employment Benefits)
A person who falls under any of the following subparagraphs at the time this Act enters into force shall be deemed a person who is designated in accordance with the amended provisions of Article 29 (2) 1: | 1. | A person who falls under the former provisions of Article 29 (2) 1 and has been preferentially appointed or employed before this Act enters into force; |
| 2. | A person who falls under the former provisions of Article 29 (2) 1 and files an application for his or her hope of getting a job with the Minister of Patriots and Veterans Affairs; |
| 3. | A person who falls under the former provisions of Article 29 (2) 1 and receives a certificate making him or her eligible for employment benefits from the Minister of Patriots and Veterans Affairs. |
Article 4 Omitted.
ADDENDA <Act No. 7106, Jan. 20, 2004>
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. 7120, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7646, Jul. 29, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 29 (2) shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Employment Examination) The amended provisions of Article 31 (3) shall begin to apply from the employment examination executed according to the first public announcement after 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: Provided, That the amended provisions of Articles 6, 73 and 79 shall enter into force on the date of its promulgation. Article 2 (Applicability to Payment of Allowances for Military Merit Honors)
The amended provisions of the proviso to Article 16-2 (1) shall apply to persons who are eligible to receive both payment of the allowances for military merit honors and the monetary compensation from the time they are first eligible to receive the payment of the allowances for military merit honors after this Act enters into force. Article 3 (Applicability to Exception of Tuition Fees)
The amended provisions of Article 25 (2) and (4) shall begin to apply from the person who first files an application for having himself or herself registered as a person who rendered the distinguished service for the State pursuant to Article 6 after this Act enters into force. Article 4 (Applicability to Exclusion of Application of This Act)
The amended provisions of Article 79 (2) shall begin to apply from the bereaved family or the family of the person who has rendered the distinguished service for the State and first files an application for having his or her bereaved family or his or her family registered pursuant to Article 6 (1) or files a report thereon pursuant to Article 6-2 (1). Article 5 (Transitional Measure concerning Payment of Merit Reward Amount)
Any person who is paid the monetary compensation or pension pursuant to the previous provisions as at the time this Act enters into force shall be deemed paid the merit reward amount or the pension pursuant to this Act.
Article 6 (Transitional Measures concerning Payment Order of Monetary Compensation)
The bereaved family that is paid the pension pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have the priority order in the payment of the monetary compensation for the family, notwithstanding the amended provisions of Article 13 (1) and (2) 1. <Amended by Act. No. 8131, Dec. 28, 2006> Article 7 (Transitional Measures concerning Name Change)
The injured anti-communist defector provided for in the former provisions as at the time this Act enters into force shall be deemed the June 18 injured deserter provided for in this Act.
Article 8 Omitted.
ADDENDUM <Act No. 8131, Dec. 28, 2006>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 56 (5) and the amended provisions of Article 6 of the Addenda of Act No. 7873 shall enter into force on January 1, 2007.
ADDENDA <Act No. 8327, Mar. 29, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2007. |
| (2) | (Applicability to Employment Examinations) The amended provisions of Article 31 (1) and (2) shall apply to the first examination conducted after this Act enters into force. |
ADDENDA <Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA <Act No. 8566, Jul. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 3 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9079, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into three months after the date of its promulgation: Provided, That the amended provisions of Articles 4 (1) 9-2 and (5) and 68-2 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Scope of Bereaved Family)
Notwithstanding the amended provisions of Article 5 (1), (4) through (6), the former provisions shall apply to grandparents, minor siblings or parents registered as bereaved family members or family members pursuant to the former provisions as at the time this Act enters into force. Article 3 Omitted.
Article 4 (Relationship to other Statutes and Regulations)
Where other statutes and regulations cite the provisions of the former Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State as at the time this Act enters into force, if this Act contains the corresponding provisions, the corresponding provisions of this Act shall be deemed to have been cited in lieu of the former provisions.
ADDENDA <Act No. 9462, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42 (5) and (6) shall enter into force on July 1, 2009 and the amended provisions of Articles 29 (2), 31 (3), 34, 34-2 (2), 39 (1), 86 and 87 and Article 6 of the Addenda shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Registration and Determination)
The former provision shall apply to the registration and determination of a person to whom the requisites for the public official wounded on duty under the former Article 4 (1) 14 prior to the amended provision of Article 4 (1) entering into force, his or her bereaved family members or family members up to two years from the date the amended provision of Article 4 (1) enters into force. Article 3 (Transitional Measures concerning Honorable Treatment and Assistance of Public Official Wounded on Duty)
The former provision shall apply to the honorable treatment of a person registered as public official wounded on duty (including a public official in office from among the persons registered as those under Article 73-2) and his or her family members, etc. under the former Article 4 (1) 14 prior to the amended provision of Article 4 (1) entering into force and a person registered under Article 2 of the Addenda. Article 4 (Application Example concerning Employment Examination)
The amended provision of Article 31 (3) shall begin to apply from the employment examination executed according to the first public announcement after this Act enters into force. Article 5 (Transitional Measures concerning Administrative Fines)
The former provision shall apply to the application of administrative fines against the act committed before this Act enters into force.
Article 6 Omitted.
ADDENDA <Act No. 9754, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
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. 10303, May 17, 2010>
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. 10337, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10471, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Registration and Determination of Fire-Fighting Officials Killed or Wounded in Performance of Duties as Soldiers or Police Officials Killed in Line of Duty or Soldiers or Police Officials Wounded on Active Duty)
The Amended provisions of Article 4 (1) 5 and 6 shall apply to persons killed or wounded on or after this Act enters into force. Article 3 (Transitional Measures concerning Registration and Determination of Civilian Military Employees upon being Awarded Order of National Security Merit in Office as Persons of Distinguished Service to State)
Notwithstanding the amended provisions of Article 4 (1) 8, the former provisions shall apply to registration of and determination on a public official (excluding a soldier) provided for in Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act or an employee prescribed by Presidential Decree who ordinarily engages in public service in the State or a local government who retires from his or her office with the Order of National Security Merit awarded as at the time this Act enters into force.
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. 11041, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012: Provided, That the amended provisions of Articles 74-5 (excluding paragraph (1) 2 and 9), 74-6, 74-7 (excluding paragraphs (3) and (4)), 74-8 (excluding paragraph (1) 8), 74-10, 74-11 (excluding paragraphs (2) and (3)), 74-12 through 74-16 shall enter into force on the date of their promulgation. Article 2 (Special Cases concerning Physical Examination for Re-Determination)
Where the Minister of Patriots and Veterans Affairs re-determines the disability rating of a person who has rendered distinguished service to the State who has obtained the determination of a disability rating on the physical examination (including a June 18 Wounded Freedom Seeker and a civilian military employee engaged in battle; hereinafter the same shall apply) under the former provisions as at the time this Act enters into force, and a person referred to in the former Article 73-2, he or she shall conduct a physical examination for re-determination under the amended provisions of Article 6-3 (2) 4 and determine a disability rating. Article 3 (Applicability to Payment of Veterans' Benefits to Persons who Have Rendered Distinguished Service to State Re-Determined at Disability Rating)
When the Minister of Patriots and Veterans Affairs pays a veterans' benefit to a person who has rendered distinguished service to the State who has undergone a physical examination for re-determination pursuant to Article 2 of the Addenda and has obtained the determination of a disability rating, a person referred to in the former Article 73-2 and his or her bereaved family or family, he or she shall pay such benefit according to the relevant disability rating. Article 4 (Applicability to Ex Officio Physical Examination for Re-Determination)
The amended provisions of Article 6-3 (4) 1 and (5) shall apply to persons who file an application for registration and is registered as a person who has rendered distinguished service to the State on or after this Act enters into force. Article 5 (Applicability to Payment of Family Allowances and Severe Disability Supplemental Allowances)
The amended provisions of Article 11 (2) 5 and 6, and Article 15-2 and 16 shall apply to persons who file an application for registration and is registered as a person who has rendered distinguished service to the State, his or her bereaved family or family (including a person determined to have a physical disability equivalent to a disability rating pursuant to Article 3 of the Addenda) on or after this Act enters into force. Article 6 (Applicability to Upper Limit of Age Eligible for Educational Assistance)
The amended provisions of Article 22 (2) shall apply to persons who file an application for registration and is registered as a person who has rendered distinguished service to the State, his or her bereaved family or family on or after this Act enters into force. Article 7 (Applicability to Educational Assistance in Consideration of Standard of Living)
The amended provisions of Article 22 (3) 3 shall apply to persons who file an application for registration and is registered as a person who has rendered distinguished service to the State, his or her bereaved family or family on or after this Act enters into force. Article 8 (Applicability to Restrictions on Employment Assistance)
The amended provisions of Article 34-2 shall apply to persons specially employed as a public official in technical service, etc. on or after this Act enters into force. Article 9 (Applicability to Apportionment of Expenses for Medical Diagnosis and Treatment)
The amended provisions of Article 42 (4) shall apply to persons who file an application for registration and is registered as a person who has rendered distinguished service to the State, his or her bereaved family or family on or after this Act enters into force. Article 10 (Applicability to Suspension of Compensation)
The amended provisions of Article 78-2 shall apply to persons who have rendered distinguished service to the State who is sentenced to imprisonment without labor or a heavier punishment due to an offense committed on or after this Act enters into force, and the punishment on whom is becomes final. Article 11 (Applicability to Exclusion from Eligibility of Application of This Act)
| (1) | The amended provisions of Article 79 (1) 3 and 4 shall apply to persons who have rendered distinguished service to the State who is sentenced to imprisonment without labor for at least one year due to an offense committed on or after this Act enters into force, and the punishment on whom becomes final. |
| (2) | The amended provisions of Article 79 (2) shall apply where a bereaved family or family of a person who has rendered distinguished service to the State falls under any subparagraph of paragraph (1) of the same Article due to an offense committed (excluding where he or she commits a crime provided for in Article 250, 252 or 253 of the Criminal Act and falls under subparagraph 3 of the same paragraph) on or after this Act enters into force. |
Article 12 (Transitional Measures concerning Registration)
| (1) | A person registered as a person who has rendered distinguished service to the State, his or her bereaved family or family (including a person registered pursuant to paragraph (2)) in accordance with the former provisions as at the time this Act enters into force shall be deemed registered as a person who has rendered distinguished service to the State, his or her bereaved family or family under this Act. |
| (2) | The former provisions shall apply to registration of a person who has filed an application for registration to be a person who has rendered distinguished service to the State, his or her bereaved family or family and a person referred to in the former Article 73-2 in accordance with the former provisions as at the time this Act enters into force. |
Article 13 (Transitional Measures concerning Physical Examination for Reclassification)
Notwithstanding the amended provisions of Article 6-3 (2) 4, the former provisions shall apply to a physical examination for reclassification of an applicant for physical examination for reclassification in accordance with the former provisions as at the time this Act enters into force or a person on whom the Minister of Patriots and Veterans Affairs intends to conduct a physical examination for reclassification ex officio. Article 14 (Transitional Measures concerning Payment of Allowance for Military Merit Honor)
Notwithstanding the amended provisions of Article 16-2, the former provisions shall apply to the payment of allowances for military merit honor to an Order of Military Merit recipient who is 60 years of age or over as at the time this Act enters into force. Article 15 (Transitional Measures concerning Persons Eligible for Employment Assistance)
Notwithstanding the amended provisions of Article 29, the former provisions shall apply to persons eligible for employment assistance, etc. among persons registered as persons who have rendered distinguished service to the State, his or her bereaved family or family (including a person registered pursuant to Article 12 (2) of the Addenda) in accordance with the former provisions as at the time this Act enters into force. Article 16 (Transitional Measures concerning Additional Scores in Employment Examinations)
Notwithstanding the amended provisions of Article 31 (1), the former provisions shall apply to additional scores granted to a person registered as a person who has rendered distinguished service to the State, his or her bereaved family or family (including a person registered pursuant to Article 12 (2) of the Addenda) in an employment examination in accordance with the former provisions as at the time this Act enters into force. Article 17 (Transitional Measures concerning Special Employment of Veterans)
Notwithstanding the amended provisions of Article 34 (1) 1, 2 and (5), the former provisions shall apply to the extent that the Minister of Patriots and Veterans Affairs need not recommend enterprises, etc. multiple persons in relation to the special employment of a person registered as a person who has rendered distinguished service to the State, his or her bereaved family or family (including a person registered pursuant to Article 12 (2) of the Addenda) in accordance with the former provisions as at the time this Act enters into force and the maximum number of persons eligible for employment assistance per household. Article 18 (Transitional Measures concerning Reduction or Exemption of Expenses for Medical Examination and Treatment at Korea Veterans Hospitals)
Notwithstanding the amended provisions of Article 42 (5), the former provisions shall apply to the reduction or exemption of expenses for a medical diagnosis and treatment at Korea Veterans Hospitals to a person registered as a person who has rendered distinguished service to the State, his or her bereaved family or family (including a person registered pursuant to Article 12 (2) of the Addenda) in accordance with the former provisions as at the time this Act enters into force. Article 19 (Transitional Measures concerning Compensation to Soldiers or Police Officials Being Treated Similarly to Persons of Distinguished Service to State)
Notwithstanding the amended provisions of Article 73 (2), the former provisions shall apply to compensation paid to a person registered as a person (including a person registered pursuant to Article 12 (2) of the Addenda) provided for in the former Article 73-2 as at the time this Act enters into force. Article 20 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.
ADDENDUM <Act No. 11330, Feb. 17, 2012>
This Act shall enter into force on July 1, 2012.
ADDENDUM <Act No. 11452, May 23, 2012>
This Act shall enter into force on July 1, 2012.
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. 11572, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
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.
ADDENDUM <Act No. 11817, May 22, 2013>
This Act shall enter into force on July 1, 2013.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11945, Jul. 26, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This Act shall also apply to those who reach the age of majority between July 1, 2013 and before the date this Act enters into force, among those who acquire the right to receive monetary compensation pursuant to Article 12 (2).
ADDENDA <Act No. 12386, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Public Officials in Technical Service Specially Employed by State Agencies)
Where a public official, etc. in technical service who holds office after having been specially employed pursuant to the former provisions as at the time this Act enters into force, corresponds to a public official in general service, etc. under the amended provisions of Article 32 (1), such person shall be deemed a public official in general service, etc. specially employed in accordance with this Act.
ADDENDA <Act No. 13196, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Registration and Determination of Cases without Bereaved Family Members of Soldiers Killed in the Korean War)
The amended provision of Article 6-7 shall also apply to the cases where the Minister of National Defense recognized the remains as those of a person killed in the battle before this Act enters into force.
ADDENDA <Act No. 13425, Jul. 24, 2015>
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. 13605, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13606, Dec. 22, 2015>
This Act shall enter into force six months after the date of its promulgation.
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.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13697, Dec. 29, 2015>
This Act shall enter into force on July 1, 2016.
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.
ADDENDA <Act No. 14170, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14255, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That the amended provisions of Article 73-2 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Medical Support for Police Officials and Fire-Fighting Officials Who Have Not Been Granted a Disability Rating)
The amended provisions of Article 73-2 shall also apply to those who were injured before the date on which the amended provisions are to enter into
force arrives, and shall apply to medical treatment provided on or after the
enforcement date of those provisions.
ADDENDA <Act No. 14420, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15028, 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 Articles 7-3, 37-2 (4) and 79 (1) 3 (b) and (g), and the amended provisions of Articles 3 and 5 of the Addenda to the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State partly amended by Act No. 11041 shall enter into force on the date of the promulgation thereof. Article 2 (Period of Validity)
The amended provision of Article 37-2 (4) shall be valid until December 31, 2022. Article 3 (Applicability to Compensation Following Reinstatement of Nationality of Bereaved Family Members of Persons Who Have Rendered Distinguished Service to the State, Who Are Koreans with Foreign Nationalities)
Although the amended provision of Article 7-3 shall also apply to bereaved family members of persons who have rendered distinguished service to the State, who possess or have reinstated the nationality of the Republic of Korea before the aforesaid amended provision enters into force, an entitlement to receive compensation shall arise in the month to which the date when an application for registration under Article 6 (1) is filed belongs. Article 4 (Applicability to Exclusion from Eligibility for Application of This Act)
| (1) | The amended provision of Article 79 (1) 3 (b) shall also apply to persons falling under any of the following: |
| 1. | A person who has rendered distinguished service to the State registered pursuant to Article 6 before the amended provision of Article 79 (1) 3 (b) enters into force: Provided, That where he or she was registered before January 1, 1992, the person who was sentenced to imprisonment without labor for at least one year for committing a crime under the amended provision of Article 79 (1) 3 (b) and whose sentence was upheld after January 1, 1992; |
| 2. | A person who was sentenced to imprisonment without labor for at least one year for committing a crime under the amended provision of Article 79 (1) 3 (b) and whose sentence was upheld after July 1, 2012, who is a bereaved family member or family member of a person who has rendered distinguished service to the State registered pursuant to Article 6 before the amended provision of Article 79 (1) 3 (b) enters into force. |
| (2) | The amended provision of Article 79 (1) 3 (g) shall begin to apply from cases where a person who has rendered distinguished service to the State is sentenced to imprisonment without labor for at least one year for committing a crime after the aforesaid amended provision enters into force and his or her sentence is upheld. |
ADDENDA <Act No. 15363, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 79 (1) 3 (a) shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Exclusion from Eligibility for Application of This Act)
The amended provision of Article 79 (1) 3 (a) shall begin to apply from cases where a person who has rendered distinguished service to the State is sentenced to imprisonment without labor for at least one year for committing a crime after the aforesaid amended provision enters into force and his or her sentence is upheld. Article 3 (Special Cases concerning Payment of Allowances for Contribution to the April 19 Revolution)
A person who receives monetary compensation because he or she falls under a person who rendered distinguished service to the April 19 Revolution pursuant to the former provisions at the time this Act enters into force shall be deemed a person who receives an allowance for contribution to the April 19 Revolution pursuant to the amended provisions of Article 16-4.
ADDENDUM <Act No. 15702, Jun. 12, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16192, Dec. 31, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16426, Apr. 30, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16659, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2020
Article 2 (Applicability to Priority to Receive Monetary Compensation)
Even persons who have received monetary compensation before this Act enters into force shall be paid monetary compensation pursuant to this Act on and after the date this Act enters into force.
ADDENDA <Act No. 16851, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2020. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17114, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Persons of Distinguished Service to the State Who are Subject to Applicable Provisions)
The amended provisions of Article 4 (1) 4, 6, and 15 shall apply, beginning with persons who are to be discharged from military service or to retire from the service, within six months from the date this Act enters into force.