ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICE TO INDEPENDENCE
Act No. 4856, Dec. 31, 1994
Amended by Act No. 5146, Dec. 30, 1995
Act No. 5291, Jan. 13, 1997
Act No. 6338, Dec. 30, 2000
Act No. 6372, Jan. 16, 2001
Act No. 6646, Jan. 26, 2002
Act No. 6836, Dec. 30, 2002
Act No. 7104, Jan. 20, 2004
Act No. 7483, Mar. 31, 2005
Act No. 7649, Jul. 29, 2005
Act No. 7792, Dec. 29, 2005
Act No. 8162, Dec. 30, 2006
Act No. 8328, Mar. 29, 2007
Act No. 8435, May 17, 2007
Act No. 9083, Mar. 28, 2008
Act No. 9463, Feb. 6, 2009
Act No. 9967, Jan. 25, 2010
Act No. 10258, Apr. 15, 2010
Act No. 11332, Feb. 17, 2012
Act No. 11556, Dec. 18, 2012
Act No. 11731, Apr. 5, 2013
Act No. 12668, May 21, 2014
Act No. 13607, Dec. 22, 2015
Act No. 13717, Jan. 6, 2016
Act No. 13718, Jan. 6, 2016
Act No. 14257, May 29, 2016
Act No. 15030, Oct. 31, 2017
Act No. 15341, Dec. 30, 2017
Act No. 15550, Apr. 6, 2018
Act No. 16193, Dec. 31, 2018
Act No. 16427, Apr. 30, 2019
Act No. 16828, Dec. 10, 2019
Act No. 17883, Jan. 5, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to secure the stability of living for the persons of distinguished service to independence who made a contribution by having fought against Japanese imperialism to achieve independence and their bereaved families, to improve their welfare, and further to exalt the national spirit through encouraging patriotism, by ensuring that the State reasonably provides honorable treatment to such persons and their bereaved families.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 2 (Fundamental Concept of Honorable Treatment) |
Because the Republic of Korea, which succeeded to the tradition of the Provisional Government of the Republic of Korea, was established by the sacrifice and contribution of persons of distinguished service to independence, their sacrifice and contribution shall be respected permanently as a model of the elevated spirit of patriotism from this generation to the next generations, and, according to the degree of sacrifice and contribution, substantial assistance shall be provided to the persons who have rendered distinguished service to independence and their families to keep their honorable life maintained and guaranteed.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 3 (Policies of the State) |
The State, local governments, etc. shall take measures for the praise of the patriotism of the persons of distinguished service to independence, the enhancement of the national fair and equitable spirit by succeeding to and developing said patriotism, and the realization of the fundamental concept under Article 2. [This Article Wholly Amended on Mar. 28, 2008]
| Article 4 (Eligible Persons) |
The following persons of distinguished service to independence and their bereaved family members or family members shall receive honorable treatment under this Act:
| 1. | Patriotic martyrs: Persons who received the Order of Merit for National Foundation, the National Foundation Medal or the Presidential Citation because they died while fighting against the seizure of national rights by Japanese imperialism or performing an independence movement in Korea or in foreign countries before and after the seizure of national rights by Japanese imperialism by no later than August 14, 1945; |
| 2. | Patriots: Persons who received the Order of Merit for National Foundation, the National Foundation Medal or the Presidential Citation because they fought against the seizure of national rights by Japanese imperialism or performed an independence movement in Korea or in foreign countries before and after the seizure of national rights by Japanese imperialism by no later than August 14, 1945. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 4-2 (Creation of Family Relation Register) |
| (1) | Persons who died without the old family register among the persons of distinguished service to independence falling under any subparagraph of Article 4 may be subject to the creation of family relation register in accordance with the Supreme Court Regulations, notwithstanding other statutes and regulations. |
| (2) | Children of the person of distinguished service to independence to whom the family relation register is created under paragraph (1), his or her lineal descendant or legal representative may file a lawsuit requesting the recognition against the prosecutor within two years from the date they become aware of the creation of family relation register of the person of distinguished service to independence. |
[This Article Newly Inserted on Feb. 6, 2009]
| 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 independence, who are entitled to compensation under this Act, shall be as follows: <Amended on Feb. 6, 2009; Feb. 17, 2012; Dec. 22, 2015> |
| 3. | Grandchildren: : Provided, That if all children and grandchildren are already dead at the time a bereaved family member of a person of distinguished service to independence is registered for the first time, one of the nearest lineal descendants of the person of distinguished service to independence shall be deemed his or her grandchild; |
| 4. | Daughters-in-law whose names were entered in the old family register on or before August 14, 1945. |
| (2) | The spouse referred to in paragraph (1) 1 shall include a person who is in a de facto marriage relationship: Provided, That this shall not apply where a spouse or person in a de facto marital relationship is or was in a de facto marriage relationship with any person other than the relevant person of distinguished service to independence after the spouse or the de facto spouse was married to or had a de facto marriage with the person of distinguished service to independence. <Newly Inserted on Dec. 22, 2015> |
| (3) | In cases of children referred to in paragraph (1) 2, only one adopted person, whom a person of distinguished service to independence has adopted because he or she has no lineal descendant, shall be deemed his or her child: Provided, That in cases of a child adopted on or after August 15, 1945, only one who supported or supports a person of distinguished service to independence, or his or her spouse, lineal ascendant, or lineal descendant shall be deemed his or her child. <Amended on Dec. 22, 2015> |
| (4) | In cases of grandchildren referred to in paragraph (1) 3, only one adopted person, whom a lineal descendant of a person of distinguished service to independence has adopted because he or she has no lineal descendant, shall be deemed the grandchild of the person of distinguished service to independence: Provided, That in cases of a grandchild adopted on or after August 15, 1945, only one who supported or supports a person of distinguished service to independence or his or her spouse, lineal ascendant, or lineal descendant shall be deemed his or her grandchild. <Amended on Dec. 22, 2015> |
| (5) | In cases of daughters-in-laws referred to in paragraph (1) 4, there shall be no bereaved family member provided in paragraph (1) 1 through 3 who receives compensation under Article 12: Provided, That where at least two eligible persons exist, the scope shall be limited to only one person with first priority according to her husband's priority to receive compensation. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Dec. 22, 2015]
| Article 6 (Registration and Determination) |
| (1) | A person who would qualify, under this Act, as a person of distinguished service to independence or as a bereaved family member or family member thereof shall file an application for registration with the Minister of Patriots and Veterans Affairs as prescribed by Presidential Decree. |
| (2) | Upon receipt of an application for registration under paragraph (1), the Minister of Patriots and Veterans Affairs shall verify the qualifications for persons of distinguished service to independence and their bereaved family members or family members as prescribed by Presidential Decree and shall determine whether the applicant qualifies as a person of distinguished service to independence or as a bereaved family member or family member thereof after deliberation and resolution by the Patriots and Veterans Entitlement Commission (hereinafter referred to as "Patriots and Veterans Entitlement Commission") under Article 74-5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State: Provided, That deliberation and resolution by the Patriots and Veterans Entitlement Commission need not be conducted in such cases prescribe by Presidential Decree where qualifications as persons of distinguished service to independence and their bereaved family members or family members are verified by objective facts. <Amended on Dec. 22, 2015> |
| (3) | Deleted. <Dec. 22, 2015> |
| (4) | In cases of a person of distinguished service to independence who falls under any subparagraph of Article 4, but is unable to apply for registration due to his or her absence or the absence of his or her bereaved family member, etc., referred to in Article 5, the Minister of Patriots and Veterans Affairs may register such person as a person of distinguished service to independence, give honorable treatment to such person, and conduct necessary management. <Newly Inserted on May 29, 2016> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 6-2 (Reporting of Changes in Personal Circumstances) |
| (1) | Where a person of distinguished service to independence, or a bereaved family member or family member thereof falls under any of the following subparagraphs, 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: |
| 2. | Where he or she loses his or her nationality; |
| 3. | Where he or she no longer qualifies as a bereaved family member or family member under Article 5; |
| 4. | Where he or she becomes qualified as a bereaved family member or family member under Article 5; |
| 6. | Where he or she falls under any of Article 39 (1) 1, 2, 4 or 7 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 changed; |
| 9. | Where any other change prescribed by Ordinance of the Prime Minister occurs in his or her personal circumstances. |
| (2) | Upon receipt of a report under paragraph (1), the Minister of Patriots and Veterans Affairs shall take such measures as changing the order of priority of bereaved family members, revoking the relevant determination on registration, and determining additional registration; and notify the person reporting of the details thereof and the grounds therefor. |
| (3) | In order to verify changes in personal circumstances referred to in the subparagraphs of paragraph (1), the Minister of Patriots and Veterans Affairs may request a person of distinguished service to independence, or a bereaved family member or family member thereof to submit necessary materials. In such cases, a person who is requested to submit materials shall comply therewith unless there is good cause for not doing so. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 7 (Principles for Compensation) |
Persons of distinguished service to independence and their bereaved family members or family members shall be compensated according to the degree of the sacrifice and contribution of the persons of distinguished service to independence, but the compensation may be adjusted in accordance with their standards of living. <Amended on Dec. 22, 2015>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 8 (Timing of Accrual of Entitlement to Compensation) |
The entitlement to compensation under this Act shall accrue from the month which includes the date an application for registration referred to in Article 6 (1) is filed: Provided, That where a person applies for the payment of an allowance for adjusting living conditions and the payment of a subsidy referred to in Articles 14-2 (1) and 19-2 (2), the entitlement to the relevant compensation shall accrue from the month which includes the date a relevant application is filed. <Amended on Dec. 22, 2015> [This Article Wholly Amended on Mar. 28, 2008]
| Article 9 (Duty to Maintain Dignity) |
No person of distinguished service to independence nor bereaved family member or family member thereof shall commit any act that damages dignity.
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER II HONORABLE TREATMENT
| Article 10 (Honorable Treatments in Ceremony) |
When the State, local governments, other public organizations, and schools of each level perform the important events in national holidays or commemoration days, they shall pay silent tribute to the patriotic martyrs as a part of the national ceremony and give honorable treatment to the invited persons of distinguished service to independence in the ceremony.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 11 (Patriot Benefits) |
| (1) | The patriot benefits shall be divided into compensation, a lump sum for death, and allowances for adjusting the living conditions. |
| (2) | Deleted. <Dec. 22, 2015> |
| (3) | Where a person who is receiving or is to receive the compensation or allowances for adjusting the living conditions has been receiving support at the expenses of the State while staying in an institution for the aged or in a nursing facility operated by the Korea Veterans Health Service pursuant to Article 2 of the Korea Veterans Health Service Act, the compensation amount as stipulated in Presidential Decree and the allowances for adjusting the living conditions shall not be given from the month following the month which includes the date he or she begins to receive such support, to the month which includes the date he or she ceases to receive such support. <Amended on Dec. 22, 2015> |
| (4) | Where a person who is to receive the compensation or allowances for adjusting the living conditions falls under Article 12 (5) 1 or 4, the compensation or allowances for adjusting the living conditions whose payment is determined, shall be paid in the same manner as the lump sum for death under Article 13 (1) or (2) is collected. |
| (5) | The payment of a patriot benefit shall be made to a deposit account [referring to an account opened at a postal service office under the Postal Savings and Insurance Act (hereinafter referred to as “postal service office”) or a bank under the Banking Act (hereinafter referred to as “bank”); hereinafter the same shall apply] designated by a person to receive a patriot benefit: Provided, That where it is not possible due to any unavoidable reason prescribed by Presidential Decree such as a malfunction in the information and communications network (referring to the information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.), the payment may be made in cash upon request by a person to receive the relevant patriot benefit. <Amended on Dec. 22, 2015> |
| (6) | Where a patriot benefit is to be paid under the main clause of paragraph (5), if a person to receive a patriot benefit opens and designates a deposit account under his or her own name to which only a patriot benefit can be paid, the payment of the patriot benefit shall be made to the relevant deposit account. <Newly Inserted on Dec. 22, 2015> |
| (7) | Except as provided for in paragraphs (1) through (6), necessary matters concerning the amount of patriot benefits and the payment thereof shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 11-2 (Protection of Entitlements) |
| (2) | With respect to and within the limit of the amount of a monthly patriot benefit paid pursuant to Article 11 (6), no claim to the amount of money equivalent to or smaller than the amount of money prescribed by Presidential Decree in consideration of the standard median income prescribed in subparagraph 11 of Article 2 of the National Basic Living Security Act (hereinafter referred to as “standard median income”), the amount of a patriot benefit, etc., shall be seized. |
| (3) | Notwithstanding the main clause of paragraphs (1) and (2), a patriot benefit may be seized where the patriot benefit, etc., is recovered under Article 35. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 12 (Compensation) |
| (1) | The compensation shall be paid on a monthly basis. |
| (2) | A person of distinguished services to independence and the person who has the first priority among his or her bereaved family members shall be entitled to receive the compensation: Provided, That in cases of grandchildren, the compensation shall be paid only to the following persons in consideration of the standards of living and other matters prescribed by Presidential Decree, and the right to receive such compensation shall not be transferred to any other grandchild: <Amended on May 21, 2014; Dec. 10, 2019> |
| 1. | A grandchild of a person of distinguished services to independence who died on or before August 14, 1945; |
| 2. | A grandchild as a bereaved family member of a person of distinguished services to national independence who died on or after August 15, 1945, in any of the following cases: |
| (a) | Where all the children of the person of distinguished services to independence died at the time the first registration was filed; |
| (b) | Where a child was alive at the time the first registration was filed but later died without receiving payment of compensation. |
| (3) | The priority of the bereaved family members to receive the compensation shall follow the order stipulated in each subparagraph of Article 5 (1). |
| (4) | Where at least two persons of the same priority exist among the bereaved family members to receive the compensation under paragraph (3), the compensation shall be paid in accordance with the following classification: <Amended on May 21, 2014> |
| 1. | The oldest shall have priority over the younger, but where a person who mainly supports the person of distinguished services to independence exists, the person shall have priority; |
| 2. | Notwithstanding subparagraph 1, where one person from among the bereaved family members of the same priority is designated as the one to receive the compensation by their consultation, the compensation shall be paid to the designated person. In such cases, matters necessary for the method, etc., of consultation among the bereaved family members shall be prescribed by Presidential Decree. |
| (5) | Where the bereaved family member to receive the compensation falls under any one of the following subparagraphs, the compensation shall be given to the bereaved family member who has the second priority to the compensation prescribed in the subparagraphs of Article 5 (1), as prescribed by Presidential Decree: |
| 2. | When he or she comes not to fall under any subparagraph of Article 5 (1); |
| 3. | Deleted; <Dec. 22, 2015> |
| 4. | When his or her whereabouts is unknown continuously for not less than one year. |
| (6) | The level of compensation payment shall be determined according to the degree of sacrifice and contribution of persons of distinguished services to independence, taking into consideration the national household consumption expenditure, etc., of household survey statistics among the statistics designated and publicly notified by the Commissioner of the Statistics Korea under subparagraph 2 of Article 3 of the Statistics Act. |
[This Article Wholly Amended on Mar. 28, 2008]
[Paragraph (2) and paragraph (4) 1 are amended by Act No. 12668 on May, 21, 2014 following a decision of incompatibility with the Constitution made by the Constitutional Court on October 24, 2013]
| Article 13 (Lump Sum for Death) |
| (1) | Where a person of distinguished service to independence who has received the compensation dies, the lump sum for death shall be given to his or her bereaved family members according to the priority to receive the compensation indicated in Article 12 (3) through (5). In such cases, if no bereaved family member exists, the lump sum for death shall be given to the relevant property successor among the relatives who have lived with the person of distinguished service to independence at the time of his or her death according to an application of the person to become a property successor. |
| (2) | The lump sum for death to be paid when the bereaved family member, receiving the compensation, of the person of distinguished service to independence dies, shall be paid only in cases where there are no other bereaved family member entitled to receive the compensation; and the lump sum for death shall be given to the relevant property successor from among the relatives who have lived with the bereaved family member at the time of his or her death according to an application of the person to become a property successor. |
| (3) | In cases under paragraphs (1) and (2), if no person to inherit the property exists, the lump sum for death may be given to the person who performs the funeral ceremony. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 14 (Allowances for Adjusting Living Conditions) |
| (1) | The Minister of Patriots and Veterans Affairs may pay an allowance for adjusting living conditions to the following persons in consideration of the standard of living, including the standard median income, etc., as prescribed by Presidential Decree: |
| 1. | A person of distinguished service to independence; |
| 2. | A person who receives compensation among the bereaved family members of a person of distinguished service to independence; |
| 3. | Where no person receives compensation among the bereaved family members of a person of distinguished service to independence, one person of the first priority to receive compensation under the subparagraphs of Article 5 (1). |
| (2) | Where at least two persons are in the same order of priority among the bereaved family members when paragraph (1) 3 is applied, the order of application for registration under Article 6 (1) shall apply mutatis mutandis. |
| (3) | An allowance for adjusting living conditions shall be paid monthly, and the amount payable, methods for payment and other necessary matters concerning payment thereof shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 14-2 (Application for Payment of Allowances for Adjusting Living Conditions) |
| (1) | A person who intends to receive an allowance for adjusting living conditions under Article 14 (hereinafter referred to as "person who intends to receive an allowance for adjusting living conditions") shall file an application for the payment of an allowance for adjusting living conditions with the Minister of Patriots and Veterans Affairs. |
| (2) | Where a person who intends to receive an allowance for adjusting living conditions 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 he or she is under obligation to support; hereinafter the same shall apply) shall submit their written consents to the provision of the following data or information: |
| 2. | The amount of debts among credit information as defined in subparagraph 1 of Article 2 of the Use and Protection of Credit Information Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "credit information"); |
| 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) | In receipt of application pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether to provide an allowance for adjusting living conditions depending on the outcomes of an investigation prescribed in Article 14-3. |
| (4) | Necessary matters concerning the methods and procedures for filing applications for the payment of allowances for adjusting living conditions under paragraph (1), the methods and procedures for giving consent referred to in paragraph (2), etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 14-3 (Investigations and Inquiries) |
| (1) | In order to verify whether an entitlement to an allowance for adjusting living conditions has arisen or been lost, the Minister of Patriots and Veterans Affairs may request a person who intends to receive an allowance for adjusting living conditions, a recipient of an allowance for adjusting living conditions (referring to a person falling under any subparagraph of Article 14 (1) who is currently receiving an allowance for adjusting living conditions; hereinafter the same shall apply) and his or her dependents to submit necessary documents or other data on income, property, etc., and require an affiliated public official to have access to the residence of a person who intends to receive an allowance for adjusting living conditions, a current recipient of an allowance for adjusting living conditions and his or her dependents or other necessary places, and investigate documents, etc., or make necessary inquiries of relevant persons. |
| (2) | A person who has access, conducts investigations, or makes inquires pursuant to paragraph (1) shall carry identification verifying his or her authority and present it to relevant persons. |
| (3) | Where a person who intends to receive an allowance for adjusting living conditions, or a recipient of an allowance for adjusting living conditions or his or her dependents refuse to submit documents or data requested under paragraph (1), or refuse, interfere with, or evade an investigation or inquiry, the Minister of Patriots and Veterans may reject the relevant application for the payment of an allowance for adjusting living conditions or suspend the payment of an allowance for adjusting living conditions. |
| (4) | Necessary matters concerning 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 Dec. 22, 2015]
| 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 of the fact that such financial information, etc., has been provided: Provided, That such notification may be omitted if the relevant title deed holder has consented to the provision of such information, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality. |
| (5) | A request for, and the provision of, financial information, etc., under paragraphs (1) through (3) shall be made through the information and communications network: Provided, That this shall not apply where there is any unavoidable cause, such as a malfunction in the information and communications network, etc. |
| (6) | No person who engages or engaged in business affairs referred to in paragraphs (1) and (2) shall use financial information, etc., he or she has acquired in the course of performing his or her duty, for any purpose other than those provided for in this Act, or provide or divulge such information to any third person or institution. |
| (7) | Necessary matters concerning a request for financial information, etc., the provision thereof, etc., under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 14-5 (Provision of Subsidies for Stable Livelihood) |
| (1) | The Minister of Patriots and Veterans Affairs may subsidize any non-recipient of compensation for stable livelihood pursuant to Article 12, among children or grandchildren of persons of distinguished service to independence, in consideration of their standard of living, including the standard median income, etc. |
| (2) | A person who intends to receive subsidies prescribed in paragraph (1) shall file an application for subsidies with the Minister of Patriots and Veterans Affairs. In such cases, Articles 14-2 through 14-4 shall apply mutatis mutandis to the procedures for applying for subsidies, the authority of the Minister of Patriots and Veterans Affairs regarding verifying and examining entitlement to such subsidies, etc. |
[This Article Newly Inserted on Apr. 6, 2018]
| Article 15 (Educational Assistance) |
| (1) | The State shall provide educational assistance to persons of distinguished service to independence, and their bereaved family members or family members so that they can receive necessary education at educational institutions. |
| (2) | Persons who are eligible for educational assistance (hereinafter referred to as “persons eligible for educational assistance”) shall be as follows: <Amended on Dec. 22, 2015> |
| 1. | A person of distinguished service to independence and his or her spouse; |
| 2. | Children and grandchildren of a person of distinguished service to independence. |
| (3) | Articles 22-2, 23 through 25, 25-2 and 26 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the details, methods, etc., of the educational assistance to persons eligible for educational assistance services. <Amended on Dec. 22, 2015> |
| (4) | Deleted. <Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 16 (Employment Assistance) |
| (1) | The State shall provide employment assistance to persons of distinguished service to independence and their bereaved family members or family members. |
| (2) | Persons who are eligible for employment assistance (hereinafter referred to as “persons eligible for employment assistance”) shall be as follows: <Amended on Dec. 22, 2015> |
| 1. | The bereaved family members of a patriotic martyr; |
| 2. | The family members or bereaved family members of a patriot; |
| 3. | One child of the grandchild who is the eldest grandchild among the bereaved family members of a person of distinguished service to independence and has difficulty getting employed due to a disease, impediment, or old age. In such cases, criteria for diseases, impediments, old age, etc., and other matters necessary for the implementation of employment assistance shall be prescribed by Presidential Decree. |
| (3) | Where an institution providing employment assistance under Article 30 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State conducts an employment examination to hire its employees, it shall add scores according to the following classifications to the score earned by a person eligible for employment assistance who applies for the employment examination: |
| 1. | A person eligible for employment assistance in whose case 10 percent of a perfect score is added: |
| (a) | Patriotic martyr’s bereaved family member and a patriot; |
| (b) | Where a patriot dies before the date of application for registration under Article 6 (1), the bereaved family of the patriot; |
| 2. | Persons eligible for employment assistance of 5 percent of the full scores: |
| (a) | The family of a patriot; |
| (b) | Where a patriot dies before the date of application for registration under Article 6 (1), the bereaved family member of the patriot; |
| (c) | A person who falls under paragraph (2) 3. |
| (4) | In implementing employment assistance under paragraphs (1) through (3), except as otherwise provided in this Act, Articles 29 (3), 30, 31 (2) through (5), 31-2, 32, 33, 33-2, 33-3, 34, 34-2, 35-2, 36, 37, 37-2 (1) through (3), 38 (2) and (3), and 39 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis: Provided, That where employment assistance is provided under Articles 32 and 34 of the same Act, employment assistance shall be offered only to three persons per family of a person of distinguished service to independence (the person of distinguished service to independence and his or her spouse among those eligible for employment assistance shall not be included in said three persons). <Amended on Feb. 6, 2009; Dec. 22, 2015; Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 16-2 (Livelihood Assistance) |
| (1) | Where any agency prescribed by Presidential Decree from among the State, local governments, and other public organizations permits or entrusts the operation of a booth or the installation of a vending machine for the sale of daily living necessities, such as foodstuffs, office supplies, newspapers, within the public facilities under its jurisdiction, if a person of distinguished service to independence, or a bereaved family member or family member thereof, who is registered and determined under Article 6, has filed an application for such operation, it shall preferentially reflect such application. In such cases, matters necessary for the size and operation of a booth, the procedures for permission, entrustment, etc., shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
| (2) | A person who is permitted or entrusted under paragraph (1) shall engage himself or herself in the relevant business unless there is a compelling reason not to do so, such as a serious disease. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 17 (Medical Assistance) |
| (1) | The State shall provide medical assistance to persons of distinguished service to independence and their bereaved family members or family members. |
| (2) | Where a person of distinguished service to independence suffers from a disease (including an injury), he or she shall receive medical treatment at a medical institution operated by the State (including a veterans hospital established under Article 7 of the Korea Veterans Health Service Act) or by a local government as prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
| (3) | The State may entrust medical treatment under paragraph (2) to medical institutions that are not operated by the State or a local government. <Amended on Dec. 22, 2015> |
| (4) | Expenses incurred in medical treatment prescribed in paragraphs (2) and (3) shall be borne by the State: Provided, That where medical treatment is provided by a medical institution operated by a local governments, part of the expenses incurred therein may be borne by the local government as prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
| (5) | The bereaved family members or family members of persons of distinguished service to independence shall receive medical treatment in a veterans hospital established under Article 7 of the Korea Veterans Health Service Act, and the State may entrust such medical treatment to other medical institutions, if deemed necessary. In such cases, expenses incurred in such medical treatment shall be reduced or exempted, as prescribed by Presidential Decree, and the Minister of Patriots and Veterans Affairs may grant the amount of expenses reduced or exempted to the relevant veterans hospital and other medical institutions within the budget. <Amended on Dec. 22, 2015> |
| (6) | Notwithstanding paragraph (5), a bereaved family member with the first priority who is at least 75 years of age and who is a recipient of compensation under Article 12 (2) may receive medical treatment at a medical institution designated and entrusted with medical treatment by the Minister of Patriots and Veterans Affairs, other than any veterans hospital specified in Article 7 of the Korea Veterans Health Service Act. In such cases, expenses incurred in such medical treatment shall be reduced or exempted, as prescribed by Presidential Decree, and expenses so exempted shall be borne by the State. <Newly Inserted on Feb. 17, 2012> |
| (7) | Standards for medical assistance, including the methods of and procedures for medical treatment, and the scope and upper limit of, medical treatment or subsidization of expenses for medical treatment under paragraphs (1) through (6) shall be prescribed by Ordinance of the Prime Minister. <Newly Inserted on Feb. 17, 2012> |
| (8) | Except as otherwise provided in paragraphs (1) through (7), Article 45 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to medical assistance. <Amended on Feb. 17, 2012; Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| (1) | The State shall provide long-term, low-interest rate loans to ensure that the following persons become self-support and live a stable livelihood: <Amended on Dec. 31, 2018> |
| 1. | Persons of distinguished service to independence and their bereaved family members who receive compensation; |
| 2. | Where there is no bereaved family member who receives the compensation of a person of distinguished service to independence, one person who is determined in order of priority under the subparagraphs of Article 5 (1); |
| 3. | A person who meets the requirements prescribed by Presidential Decree in consideration of the living standards, from among bereaved family members who do not fall under subparagraph 1 or 2, but fall under Article 5 (1) 2. |
| (2) | In applying paragraph (1) 2, where at least two persons are in the same order of priority, the order of application for registration under Article 6 (1) shall apply mutatis mutandis. <Amended on Dec. 22, 2015> |
| (3) | Articles 48 through 56 and 59 through 62 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the loan under paragraph (1). <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 19 (Old-Age Assistance) |
From among persons of distinguished service to independence and their bereaved family members who receive compensation pursuant to Article 12, a man of at least 65 years of age or woman of at least 60 years of age who have no one under duty to support him or her (including where he or she has a person under duty to support him or her but the person lacks the ability to support as prescribed by Presidential Decree) may be provided with assistance from an institution for older persons operated by the State. In such case, the spouse of a person of distinguished service to independence may be provided with assistance together with the person eligible for old-age 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 19-2 (Subsidization for Medical Care Assistance) |
| (1) | The Minister of Patriots and Veterans Affairs may subsidize some of the expenses to be borne by a person who is entitled to benefits for home care service or institutional care benefits under Article 23 (1) 1 or 2 of the Long-Term Care Insurance Act, from among persons of distinguished service to independence and their spouses, in consideration of the degree of his or her sacrifice or contribution, and living standard including the standard median income. |
| (2) | A person who intends to obtain a subsidy pursuant to paragraph (1) shall file an application for the payment of the subsidy with the Minister of Patriots and Veterans Affairs. In such cases, Articles 14-2 through 14-4 shall apply mutatis mutandis to the procedures for filing an application for the payment of a subsidy, the procedures for ascertaining the applicant’s standard of living of living, etc. |
| (3) | Matters necessary for the detailed standards for selecting persons eligible for the payment of subsidies, the amount of subsidies payable, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 19-3 (Domiciliary Care Service for Patriots and Veterans) |
| (1) | To ensure the smooth daily lives of persons of distinguished service to independence and their bereaved family members or family members, the Minister of Patriots and Veterans Affairs may provide patriots and veterans home care service that assists them with household chores, health management, emotional activities, etc. at their homes. |
| (2) | A person who intends to obtain assistance under paragraph (1) shall file an application with the Minister of Patriots and Veterans Affairs. |
| (3) | Services under paragraph (1) or detailed standards for selecting persons eligible for the assistance shall be determined by the Minister of Patriots and Veterans Affairs. |
[This Article Newly Inserted on Apr. 30, 2019]
| Article 20 (Child-Rearing Assistance) |
A child rearing facility operated by the State may provide assistance to a person who has no one with a duty to support him or her (including where he or she has a person with a duty to support him or her but the person lacks the ability to support as prescribed by Presidential Decree) or to a person in whose case a person with a duty to support him or her is receiving old-age assistance, from among minor children and minor grand children of a person of distinguished service to independence: Provided, That where a person receiving child-rearing assistance who turns 19 years old is attending a high school, university or college, or school equivalent thereto in the year in which he or she turns 19 years old, child-rearing assistance may be provided to the person continuously until he or she graduates from the relevant school. <Amended on May 29, 2016>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 21 (Entrustment of Old-Age Assistance) |
| (1) | If deemed necessary for providing old-age assistance or child-rearing assistance, the Minister of Patriots and Veterans Affairs may entrust such assistance to social welfare facilities, including welfare facilities for senior citizens or children. |
| (2) | Expenses incurred in providing old-age assistance and child-rearing assistance shall be borne by the State. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 22 (Assistance in Use of Transportation Facilities) |
| (1) | A person of distinguished service to independence or a person who uses any transportation facility in a direct protection of a person of distinguished service having difficulty moving around without others’ help may be granted the exemption from, or a discount on, fees for using transportation facilities operated by the State, local governments, and public organizations as prescribed by Presidential Decree. |
| (2) | The State may grant subsidies, within the budget, to persons who permit a person falling under paragraph (1) to use their transportation facilities, free of charge or at a discounted rate. <Amended on May 29, 2016> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 23 (Assistance in Admission to Ancient Palaces) |
Persons of distinguished service to independence and their bereaved family members or family members may be granted admission to ancient palaces, parks, and other facilities managed by the State or local governments, free of charge or at a discounted rate, as prescribed by Presidential Decree.
| Article 24 (Preferential Supply of Housing Units) |
| (1) | The State or a local government may preferentially supply housing units constructed by the State or the local government, or constructed and supplied with the financing of the State or the local government or with funds from the Housing and Urban Fund established under the Housing and Urban Fund Act, to any of the following persons, as prescribed by Presidential Decree, in consideration of houseless periods, the standard of living, etc.: <Amended on Dec. 30, 2017> |
| 1. | A person of distinguished service to independence; |
| 2. | A person eligible for loans under Article 18 (1) among the bereaved family members of a person of distinguished service to independence; |
| 3. | The head of the household among the bereaved family members of a person of distinguished service to independence eligible for settlement allowances prescribed in Article 26. |
| (2) | A business entity which constructs and supplies privately constructed housing pursuant to Article 54 of the Housing Act may preferentially supply some units of such housing to be constructed and supplied, to persons falling under any subparagraph of paragraph (1). <Newly Inserted on Dec. 30, 2017> |
| (3) | A person who intends to be supplied with a housing unit pursuant to paragraph (1) or (2) shall file an application with the Minister of Patriots and Veterans Affairs. In such cases, Articles 14-2 through 14-4 shall apply mutatis mutandis to the procedures for filing an application for the supply of housing, the procedures for ascertaining the standard of living of an applicant, etc. <Amended on Dec. 30, 2017> |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 25 Deleted. <Jul. 29, 2005> |
| Article 26 (Special Cases concerning Assistance for Domestic Settlement) |
With respect to any of the following persons who have returned home and obtained the nationality of the Republic of Korea after residing overseas by failing to return home while taking refuge abroad during the dominion period of Japanese imperialism, they may be paid settlement allowances prescribed by Presidential Decree in consideration of the relevant settlement conditions and ability to maintain living:
| 1. | A person of distinguished service to independence; |
| 2. | The head of household among the bereaved family members of a person of distinguished service to independence. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 26-2 (Subsidization of Expenses for Managing Cemeteries) |
The State may fully or partially subsidize the expenses incurred in managing the cemeteries of national martyrs or deceased patriots who have not been placed in the National Cemeteries, as prescribed by Presidential Decree.
[This Article Newly Inserted on Oct. 31, 2017]
| Article 27 (Establishment and Financial Resources of the Fund) |
| (1) | The Project Fund for the Patriotic Martyrs and Patriots (hereinafter referred to as the "Fund") shall be raised in order to help the persons of distinguished service to independence and their family members, bereaved or not, and to execute the project capable of exalting the spirit of the nation by succeeding the independence spirits. <Amended on Apr. 6, 2018> |
| (2) | The Fund shall be raised from the following financial resources: <Amended on Jan. 25, 2010> |
| 1. | The Korean won fund raised from the funds for the claim against the Japanese Government; |
| 4. | The contributions from the State; |
| 5. | The amount transferred from other accounts or other funds. |
| (3) | If necessary for the operation of the Fund, a long-term loan may be made under the burden of the Fund. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 28 (Management and Operation of Fund) |
| (1) | The Fund shall be managed and operated by the Minister of Patriots and Veterans Affairs. |
| (2) | Necessary matters concerning the management and operation of the Fund shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 29 (Deliberative Committee for Operation of Fund) |
The Deliberative Committee for the Operation of the Fund for the Patriotic Martyrs and Patriots and the Patriots and Veterans Fund as prescribed in Article 10 of the Patriots and Veterans Fund Act (hereinafter referred to as the "Deliberative Committee") shall deliberate on the management and operation of the Fund. [This Article Wholly Amended on Feb. 6, 2009]
| Article 30 (Purposes of Fund) |
The Fund shall be used for any of the following purposes: <Amended on Apr. 6, 2018>
| 1. | Paying the subsidies for the honorable treatment and the life stabilization of the persons of distinguished service to independence and their family members, bereaved or not; |
| 2. | The commemoration project aimed at commemorating the movement for national independence and the project aimed at unearthing fighters for independence and historical material pertaining to the movement for independence; |
| 3. | The project for facilitating education and study for the purpose of fostering the national spirit and its incidental businesses; |
| 4. | The expenses needed for creating the Fund and the additional expenses needed for operating the Fund; |
| 5. | The projects deemed necessary by the Deliberative Committee to promote the merit and contributions to persons of distinguished service to independence. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 31 Deleted. <Dec. 29, 2005> |
| Article 31-2 (Opening of Fund Account) |
The Minister of Patriots and Veterans Affairs may open an account for the Fund in the Bank of Korea.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 32 (Fiscal Year for Fund) |
The fiscal year for the Fund shall be determined according to the fiscal year for the Government.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 33 (Accounting Organ for Fund) |
| (1) | The Minister of Patriots and Veterans Affairs shall appoint the public official in charge of the collection of Fund revenues, the public official in charge of Fund management, the public official in charge of Fund disbursements and the public official in charge of Fund receipts and disbursements in order to perform the clerical work involving the revenues and disbursements of the Fund from among the public officials under his or her control. |
| (2) | The Minister of Patriots and Veterans Affairs may designate the posts for the public official in charge of the collection of Fund revenues, the public official in charge of Fund management, the public official in charge of Fund disbursements and the public official in charge of Fund receipts and disbursements in the Ministry of Patriots and Veterans Affairs in lieu of their appointments in accordance with paragraph (1). |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 33-2 Deleted. <Dec. 30, 2006> |
| Article 33-3 Deleted. <Dec. 30, 2006> |
| Article 34 Deleted. <Dec. 30, 2002> |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 35 (Recovery of Patriot Benefits) |
| (1) | Where a recipient of any of the following patriot benefits, etc. (hereinafter referred to as “patriot benefits, etc.”) under this Act has obtained patriot benefits, etc., by fraud or other improper means; where the ground for obtaining patriot benefits, etc., ceases to exist retroactively after having obtained such patriot benefits, etc.; or where patriot benefits, etc. have been paid by mistake, the Minister of Patriots and Veterans Affairs shall recover the patriot benefits, etc., paid to him or her: <Amended on Dec. 22, 2015; May 29, 2016; Apr. 6, 2018> |
| 1-2. | Subsidies for stable livelihood prescribed in Article 14-5; |
| 2. | Tuition fees, admission fees, and other school expenses and educational subsidies prescribed in Articles 25, 25-2 and 26 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State which are applied mutatis mutandis pursuant to Article 15 (3); |
| 3. | Expenses for vocational skill development training, subsidies for ability development expenses, and subsidies prescribed in Articles 38 (2) and (3) and 39 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State which are applied mutatis mutandis pursuant to the main clause of Article 16 (4); |
| 5. | Subsidies under Article 55 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State applied mutatis mutandis pursuant to Article 18 (3); |
| (2) | In cases of recovery of patriot benefits, etc., under paragraph (1), if a person liable to return patriot benefits, etc., fails to do so within a prescribed period, the Minister of Patriots and Veterans Affair may collect them in the same manner as delinquent national taxes are collected. <Amended on Dec. 22, 2015> |
| (3) | Where the Minister of Patriots and Veterans Affairs recovers or collects patriot benefits, etc., pursuant to paragraphs (1) and (2), when he or she deems it impractical to recover or collect them because the person liable to return them is missing or has no property, or due to any other unavoidable cause, he or she may decide to dispose of the deficit. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 36 (Exemption from Obligation to Return) |
Where a person has received compensation pursuant to this Act and the ground for receiving the compensation retroactively ceases to exist, but the ground for receiving the compensation is not imputable to him or her, the Minister of Patriots and Veterans Affairs need not recover the patriot benefits, etc., that the person has received and exempt him or her from returning it, notwithstanding Article 35. <Amended on Dec. 22, 2015> [This Article Wholly Amended on Mar. 28, 2008]
| Article 37 Deleted. <Dec. 30, 2000> |
| Article 38 (Suspension of Compensation) |
| (1) | Where a person of distinguished service to independence violates this Act or an order issued under this Act, or commits an act damaging dignity as prescribed by Presidential Decree, the Minister of Patriots and Veterans Affairs shall suspend all or part of compensation for which the person is otherwise eligible under this Act or other statutes for a specified period of up to three years after resolution by the Patriots and Veterans Entitlement Commission. |
| (2) | Where a person of distinguished service to independence is sentenced to imprisonment without labor or a heavier punishment for committing a crime prescribed by Presidential Decree, and such sentence becomes final and conclusive, the Minister of Patriots and Veterans Affairs shall not provide the person with patriot benefits for which he or she is otherwise eligible during the period of the punishment sentenced starting from the month following the month which includes the date such sentence becomes final and conclusive. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 39 (Exclusion from Persons Subject to This Act) |
| (1) | Where a person of distinguished service to independence who is or is to be subject to this Act falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude the person from the persons subject to this Act and shall not provide any honorable treatment for which the person and bereaved family members or family members thereof are otherwise eligible under this Act or other statutes: <Amended on Apr. 15, 2010; Dec. 18, 2012; Apr. 5, 2013; Dec. 22, 2015; Jan. 6, 2016; Oct. 31, 2017; Dec. 30, 2017> |
| 1. | A person in whose case his or her imprisonment without labor or a heavier punishment declared by a court, in violation of the National Security Act, becomes final and conclusive; |
| 3. | A person in whose case who is verified to have serious deficits in their merit of movement for independence by evidential data; |
| 4. | A person in whose case his or her imprisonment without labor for at least one year or a heavier punishment declared by a court for committing any of the following crimes, becomes final and conclusive: |
| (a) | A crime or an attempted crime specified in Article 250 through 253 of the Criminal Act; a crime specified in Article 264; a crime or an attempted crime specified in Article 279; a crime or an attempted crime specified in Article 285; a crime specified in Article 287 through 292 and 294; a crime specified in Articles 297, 297-2, 298 through 301, 301-2, 302, 303, and 305; a crime (limited to habitual crimes under Articles 329 through 331) or an attempted crime specified in Article 332; a crime or an attempted crime specified in Articles 333 through 336; a crime specified in Articles 337 through 339 or an attempted crime specified in Article 337, the former part of Article 338, or Article 339; a crime or an attempted crime specified in Article 341; a crime or an attempted crime specified in Article 351 (limited to habitual crimes under Articles 347, 347-2, 348, 350, and 350-2); or a crime specified in Article 363; |
| (e) | A crime specified in Articles 3 through 10 and 15 (limited attempted crimes under Articles 3 through 9) of the Act on the Special Cases concerning the Punishment, etc. of Sexual Crimes; |
| 5. | A person who habitually commits an act damaging dignity prescribed by Presidential Decree; |
| 6. | A person who is determined as having committed a pro-Japan and anti-national act falling under any subparagraph of Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Colonial Rule of Japanese Imperialism; |
| (2) | If a bereaved family member or family member of a person of distinguished service to independence, who is or is to be subject to this Act, falls under any subparagraph of paragraph (1), the Minister of Patriots and Veterans Affairs shall exclude such family member from persons subject to this Act and shall not provide any compensation for which he or she is otherwise eligible. <Amended on Dec. 22, 2015> |
| (3) | If a person excluded from persons subject to this Act under paragraph (1) 1, 4, 5, or 7 falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may determine the person as a person subject to this Act and provide compensation to him or her, upon receiving an application for registration under Article 6, only where he or she is deemed to have remorse in a significant manner: <Amended on Feb. 6, 2009; Dec. 22, 2015; May 29, 2016> |
| 1. | Where three years have passed since his/her imprisonment without labor or a heavier punishment declared by a court was completely executed or the non-execution of such sentence became final; |
| 2. | Deleted; <Feb. 6, 2009> |
| 3. | In cases other than subparagraph 1, where two years have passed since he or she was excluded from persons subject to this Act. |
| (4) | When the Minister of Patriots and Veterans Affairs excludes a person of distinguished service to independence from persons subject to this Act, on any ground falling under paragraph (1) 3 or 5, or determines a person excluded from those subject to this Act as a person subject to this Act again pursuant to paragraph (3), he or she shall undergo resolution by the Patriots and Veterans Entitlement Commission. <Amended on May 29, 2016> |
| (5) | Where the Minister of Patriots and Veterans Affairs intends to suspend compensation pursuant to Article 38 (2) or to exclude a person from persons subject to this Act pursuant to paragraph (1) or (2), he or she may request that the heads of the relevant agencies to provide the criminal history records or information on the admission to correctional institutions of the relevant person. <Amended on Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 39-2 (Request for Provision of Data) |
| (1) | To conduct the following affairs, the Minister of Patriots and Veterans Affairs may request the heads of relevant agencies to provide information on resident registration; registered matters concerning family relations; registered matters concerning overseas Korean nationals; data on military service; data on national and local taxes; data on income and property; data on various kinds of pensions and insurance, including the National Pension and the National Health Insurance; immigration information, etc. In such cases, the heads of relevant agencies in receipt of such request shall comply therewith, unless there is good cause for not doing so: <Amended on Apr. 6, 2018> |
| 1. | Registering persons of distinguished service to independence and their bereaved family members or family members under Article 6; |
| 2. | Affairs relating to the reporting of changes in persons of distinguished service to independence and their bereaved family members or family members under Article 6-2; |
| 4. | Conducting an inspection to verify whether an entitlement to allowance for adjusting living conditions under Article 14-3 (1) has arisen or been lost; |
| 4-2. | Conducting an inspection to verify whether an entitlement to subsidy for stable livelihood under Article 14-5 has arisen or been lost; |
| 5. | Subsidizing tuition fees, etc. (referring to tuition fees, etc. prescribed in Article 25 (3) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State) for private colleges, universities, etc. (referring to colleges, universities, etc. prescribed in the proviso of Article 25 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State) pursuant to Article 15 (3); |
| 6. | Verifying the actual state of employment or hiring by institutions providing employment assistance prescribed in the former part of Article 16 (4); |
| 7. | Affairs relating to loans under Article 18 (3); |
| 9. | Preferentially supplying housing units under Article 24; |
| 10. | Recovering patriot benefits, etc. or making a decision to dispose thereof pursuant to Article 35; |
| 12. | Exclusion persons from those subject to this Act under Article 39. |
| (3) | No person who performs or performed affairs under paragraphs (1) and (2) shall inquire into or use the data or information under paragraph (1) for purposes other than those prescribed by this Act, or provide or divulge such data or information to other persons or institutions. |
| (4) | The detailed scope of data or information which may be requested under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 40 (Restrictions on Formation of Organizations Supporting Persons of Distinguished Service to Independence) |
| (1) | No person shall form an organization for the purpose of profit-making nor conduct collective action or individual action on the pretext of supporting persons of distinguished service to independence and their bereaved family members or family members. |
| (2) | No organization shall use, in its name, the term “person of distinguished service to independence” specified in this Act or any term likely to be misunderstood as the title of such person unless otherwise prescribed by any statute. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 41 (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 agency under his or her control or to the Jeju Special Self-Governing Province Governor or may entrust it to the heads of other administrative agencies as prescribed by Presidential Decree. <Amended on Dec. 22, 2015; Oct. 31, 2017> |
| (2) | The Minister of Patriots and Veterans Affairs may entrust affairs relating to the payment of patriot benefits, etc., to postal offices or banks as prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 42 (Application of the Act on Honorable Treatment of and Support for Persons of Distinguished Services to State) |
The honorable treatment of persons of distinguished service to independence shall be subject to the Act on the Honorable Treatment of and Support of Persons of Distinguished Services to the State, except as provided in this Act.
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER V PENALTY PROVISIONS
| Article 43 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years, or by a fine not more than 50 million won: <Amended on Dec. 22, 2015; Oct. 30, 2017; Dec. 30, 2017> |
| 1. | A person who receives compensation under this Act or causes any other 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 to which said paragraph shall apply mutatis mutandis as in the latter part of Article 19-2 (2) and the latter part of Article 24 (3)); |
| 3. | A person who inquires into, uses, provides, or divulges data or information, in violation of Article 39-2 (3). |
| (2) | A person who attempts to commit a crime referred to in paragraph (1) 1 shall be punished. <Amended on Dec. 22, 2015> |
| (3) | A person who violates Article 40 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 44 (Administrative Fines) |
| (1) | Any person who fails to comply with an order for employment issued under Article 34 (3) of the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State which is applied mutatis mutandis under Article 16 (4), shall be punished by an administrative fine not exceeding 10 million won. <Amended on Feb. 6, 2009; Apr. 6, 2018> |
| (2) | Any of the following persons shall be subject to an administrative fine of not more than three million won: <Amended on Dec. 6, 2009> |
| 1. | A person who fails to comply with a request for rectification under Article 36 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State which is applied mutatis mutandis under Article 16 (4); |
| 2. | A person who fails to file a report under Article 33-3 (1) of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State which is applied mutatis mutandis under Article 16 (4) or files a false report; |
| 3. | A person who fails to comply with a request for explanation under Article 33-3 (2) of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State which is applied mutatis mutandis according to Article 16 (4) or makes a false statement; or who refuses, obstructs, or evades the submission of documents; |
| 4. | A person who uses the title similar to that of an organization for persons of distinguished service to independence in violation of Article 40 (2). |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 45 (Imposition and Collection of Administrative Fines) |
Administrative fines under Article 44 shall be imposed and collected by the Minister of Patriots and Veterans Affairs as prescribed by Presidential Decree. [This Article Wholly Amended on Feb. 6, 2009]
ADDENDA <Act No. 4856, Dec. 31, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Article 2 (Repealed Acts)
Article 3 (Transitional Measures concerning Fund)
The project fund for the patriotic martyrs and patriots and the operational committee for the project fund for the patriotic martyrs and patriots established under the previous Memorial Project Fund for National Martyrs and Patriots Act at the time this Act enters into force shall be considered to be the project fund for the patriotic martyrs and patriots and the operational committee for the enterprise fund for the patriotic martyrs and patriots; the credits and debts derived from the project fund for the patriotic martyrs and patriots established under the previous Memorial Project Fund for the National Martyrs and Patriots Act shall be regarded as the credits and debts derived from the project fund for the patriotic martyrs and patriots established under this Act. Article 4 (Transitional Measures concerning Registration)
Among persons who were registered as persons of distinguished service to independence, their bereaved family members and family members under the Act on the Honorable Treatment of the Persons of Distinguished Services to the State at the time this Act enters into force, the patriotic martyrs and patriots and their bereaved family members or family members shall be considered to be registered under this Act.
Article 5 (Transitional Measures concerning Compensation)
| (1) | Persons who received or receive the compensation, the educational benefits, the job opportunity, the free medical treatment, the benefits related to the loan, and other honorable treatments and compensations which are given to the patriotic martyrs and patriots and their bereaved family members or family members under the Act on the Honorable Treatment of the Persons of Distinguished Services to the State at the time this Act enters into force shall be regarded as persons who received or receive the honorable treatments and compensations as prescribed in the provisions of Chapter II. |
| (2) | Persons who receive the support as prescribed in paragraph (2) of the Addenda of the Act on the Enterprise Fund for the Persons of Distinguished Service to independence (Act No. 2588) at the time this Act enters into force shall receive support according to the previous examples. |
Article 6 (Transitional Measures concerning Order for Employment)
The order for employment and the notification of the job, which is made for patriotic martyrs and patriots, their bereaved family members or family members under the provisions of the Act on the Honorable Treatment of the Persons of Distinguished Services to the State at the time this Act enters into force shall be considered to be made according to Article 16 (3) of this Act. Article 7 (Transitional Measures concerning Decision of Loans)
Among patriotic martyrs and patriots, their bereaved families or families, the persons who are determined as the receiver of loans under the provisions of the Act on the Honorable Treatment of the Persons of Distinguished Services to the State at the time this Act enters into force shall be considered determined under Article 18 of this Act. Article 8 (Transitional Measures concerning Loaned Property)
The loaned property and the security which patriotic martyrs and patriots, their bereaved families and families provided under the Act on the Honorable Treatment of the Persons of Distinguished Services to the State at the time this Act enters into force shall be considered to be the loaned property and security under Article 18 (2) of this Act. Article 9 (Transitional Measures concerning Redemption of Compensation)
Where the compensation, the educational subsidies, and other subsidies, etc. which were already given to patriotic martyrs and patriots, and their bereaved families and families under the Act on the Honorable Treatment of the Persons of Distinguished Services to the State at the time this Act enters into force fall under any of the subparagraphs of Article 35 (1), the compensation, the educational subsidies and other subsides may be redeemed, collected, disposed as a loss, or exempted according to Articles 35 (2), (3) and 36. Article 10 Omitted.
Article 11 (Relationship to Other Statutes and Regulations)
Where other Acts cites the previous Act on the Honorable Treatment of the Persons of Distinguished Services to the State and its provisions at the time this Act enters into force, and there is any provisions corresponding thereto in this Act, they shall be considered to cite this Act or the Articles corresponding to this Act.
ADDENDA <Act No. 5146, Dec. 30, 1995>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1996. |
| (2) | (Transitional Measures concerning Payment of Pensions) Daughters in-law falling under Article 5 (1) 4 at the time this Act enters into force, who receive pensions, shall be paid pensions under the previous provisions, notwithstanding the amended provisions of Articles 5 (3) and 12 (2) and the provisions of Article 12 (3). |
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.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 6338, Dec. 30, 2000>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2001: Provided, That the persons subject to the application under amendments to Article 4 and diverse compensations according to them shall enter into force on July 1, 2001. |
| (2) | (Transitional Measures concerning Compensations) The persons who have received the honorable treatment and compensations, or are receiving them, under Article 2 (1) of the Addenda of Act No. 4457, the Amended Act among the Act on the Honorable Treatment of the Persons of Distinguished Services to the State at the time this Act enters into force shall be governed by the previous examples. |
| (3) | (Transitional Measures concerning Extinctive Prescription) The amendments to Article 37 shall be also applicable to the right to receive compensations already brought about 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.
ADDENDUM <Act No. 6646, Jan. 26, 2002>
This Act shall enter into force on March 1, 2002.
ADDENDA <Act No. 6836, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7104, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation, but it shall be applicable on January 1, 2004.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7483, Mar. 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force two months after the date of its promulgation. |
| (2) | Deleted. <May 21, 2014> |
| (3) | (Applicability to Recovery of Settlement Allowances) The recovery of settlement allowances under Article 35 (1) shall apply, beginning with a person who is first paid settlement allowances after this Act enters into force. <May 21, 2014> |
ADDENDA <Act No. 7649, Jul. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six month after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7792, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007: Provided, That the amended provisions of Articles 16 (2) and 39 shall take effect on the date of its promulgation. Article 2 (Succession to Rights and Obligations)
The assets, credits, debts, and other rights and obligations which belong to the Project Fund for the Patriotic Martyrs and Patriots under Article 27 at the time this Act enters into force shall be succeeded to the Fund under this Act, notwithstanding Articles 20 and 44 of the State Property Act. Article 3 (Applicability to Exclusion from Application of This Act)
The amended provisions of Article 39 (2) shall apply, beginning with a bereaved family member or family member of a person of distinguished service to independence who first files an application for registration application or a report Article 6 (1) or (3) after this Act enters into force. Article 4 (Transitional Measures concerning Payment of Patriot Benefits)
Any person who receives any compensation or pension under the previous provisions at the time this Act enters into force shall be deemed to be a person who receives any patriot benefit or compensation under this Act.
Article 5 (Transitional Measures concerning Priority to Receive Compensation)
Any bereaved family member who is granted any pension under the previous provisions at the time of entry into force of this Act shall be deemed to have the priority to receive compensation, notwithstanding the amended provisions of Article 12 (2), (3) and (4) 1. Article 6 Deleted.
ADDENDA <Act No. 8162, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Article 2 (Special Cases concerning Draft Plan for Fund Operation in 2007)
| (1) | The Minister of Patriots and Veterans Affairs shall, when the Fund is set up, develop a draft plan for fund operation in 2007 and submit it to the Minister of Planning and Budget after undergoing deliberation and the vote thereon of the Deliberative Committee. |
| (2) | Where the draft plan for fund operation is made definite, the Government shall submit it without delay to the National Assembly. In such cases, the draft plan for fund operation shall be deemed to have been deliberated and made definite after its deliberation. |
ADDENDA <Act No. 8328, Mar. 29, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2007. |
| (2) | (Applicability to Employment Examination) The amended provisions of Article 16 (2) through (4) shall apply, beginning with examinations conducted after this Act enters into force. |
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 9083, Mar. 28, 2008>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 15 (3) 2 shall enter into force on April 18, 2008.
ADDENDA <Act No. 9463, Feb. 6, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 29 and Article 44 (1) shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Administrative Fines) For the purpose of imposing an administrative fine upon an offense committed before this Act enters into force, the former provisions shall apply to such offense. |
ADDENDUM <Act No. 9967, Jan. 25, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11332, Feb. 17, 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. 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. 12668, May 21, 2014>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (2) and (4) shall enter into force on January 1, 2015.
ADDENDA <Act No. 13607, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Suspension of Compensation)
The amended provisions of Article 38 (2) shall apply, beginning with cases where a person of distinguished service to independence is sentenced to imprisonment without labor or a heavier punishment for an offense committed after this Act enters into force, and such ruling becomes final and conclusive. Article 3 (Applicability to Exclusion from Scope of Application of This Act)
| (1) | The amended provisions of Article 39 (1) 4 shall apply beginning with cases where a person of distinguished service to independence is sentenced to imprisonment without labor for at least one year due to an offense committed after this Act enters into force, and such ruling becomes final and conclusive. |
| (2) | The amended provisions of Article 39 (1) 7 shall apply, beginning with cases where a person of distinguished service to independence is sentenced to imprisonment without labor for at least one year due to an offense committed after this Act enters into force, and such ruling becomes final and conclusive. |
| (3) | The amended provisions of Article 39 (2) shall apply beginning with cases where any member of the bereaved family or family of a person of distinguished service to independence comes to fall under any subparagraph of paragraph (1) of the same Act due to an offense committed after this Act enters into force (excluding a case where such person comes to fall under Article 39 (1) 4 for an offense prescribed in Article 250, 252 or 253 of the Criminal Act). |
Article 4 (Transitional Measures concerning Number of Employment Assistance)
Notwithstanding Article 29 (3) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State which is applied mutatis mutandis under the amended provisions of the main clause of Article 16 (4), the previous provisions shall apply to the number of employment assistance for those who were registered as a person of distinguished service to independence or as a member of his or her bereaved family or family under the previous provisions as at the time this Act enters into force. Article 5 Omitted.
ADDENDA <Act No. 13717, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13718, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14257, May 29, 2016>
ADDENDA <Act No. 15030, 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 the main clause of Article 16 (4) and Article 39 (1) 4 (b) shall enter into force on the date of its promulgation. Article 2 (Applicability to Exclusion from Scope of Application of This Act)
The amended provisions of Article 39 (1) 4 (b) shall also apply to persons of distinguished service to independence registered under Article 6 before the aforementioned amended provisions enter into force: Provided, That in cases of persons of distinguished service to independence registered before January 1, 1992, the foregoing shall apply only to those sentenced to imprisonment without labor for at least one year due to an offense prescribed in the amended provisions of Article 39 (1) 4 (b) that was committed on or after January 1, 1992, with such ruling becoming final and conclusive.
ADDENDA <Act No. 15341, Dec. 30, 2017>
Article 1 (Enforcement Date)
Article 2 (Applicability to Exclusion from Scope of Application of This Act)
The amended provisions of Article 39 (1) 4 (a) shall begin to apply to cases where a person of distinguished service to independence is sentenced to imprisonment without labor for at least one year due to an offense committed after the aforementioned amended provisions enter into force, with such ruling becoming final and conclusive.
ADDENDUM <Act No. 15550, Apr. 6, 2018>
ADDENDUM <Act No. 16193, Dec. 31, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16427, Apr. 30, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16828, Dec. 10, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17883, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 9 Omitted.