CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to widely disseminate noble democratic value and to contribute to the development of a democratic society, by ensuring that the State reasonably provides honorable treatment to persons who have made a sacrifice or contribution in relation to the May 18 Democratization Movement and to their bereaved families or non-bereaved families.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 2 (Basic Ideas of Honorable Treatment) |
The May 18 Democratization Movement that contributed to the development of democracy and human rights in the Republic of Korea shall be respected permanently as a model of the elevated spirit of patriotism and nationalism from this generation to the next generations, and, according to the degree of a sacrifice and contribution, substantial assistance shall be provided to the persons who have rendered distinguished service to the Democratization Movement and their bereaved families or non-bereaved families to keep their honorable life maintained and guaranteed.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 3 (Government Policies) |
The State or local governments shall formulate policies to honor, inherit, and develop the ideas of the May 18 Democratization Movement to embody democracy and justice.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 4 (Eligible Persons) |
Any of the following persons who is registered under Article 7 (hereinafter referred to as “person of distinguished service to the May 18 Democratization Movement”), and his or her bereaved family or non-bereaved family shall receive honorable treatment under this Act: <Amended on Dec. 22, 2015> | 1. | Persons killed or missing in the May 18 Democratization Movement: Persons killed or missing in relation to the May 18 Democratization Movement or persons who died of the aftereffects of a wound inflicted (including a disease; hereinafter the same shall apply) due to the May 18 Democratization Movement, who have received compensation pursuant to the Act on Compensation to Persons Associated with the May 18 Democratization Movement; |
| 2. | Persons wounded in the May 18 Democratization Movement: Persons wounded in relation to the May 18 Democratization Movement, whose disability ratings have been determined under Article 5 (5) of the Act on Compensation to Persons Associated with the May 18 Democratization Movement (hereinafter referred to as “disability rating”) and who have received compensation accordingly; |
| 3. | Other victims of the May 18 Democratization Movement: Persons who have received support under Article 22 of the Act on Compensation to Persons Associated with the May 18 Democratization Movement, in relation to the May 18 Democratization Movement. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 5 (Scope of Bereaved Family or Non-bereaved Family) |
| (1) | The scope of the bereaved family or non-bereaved family of a person of distinguished service to the May 18 Democratization Movement, who is entitled to honorable treatment under this Act, shall be as follows: |
| 4. | Grandparents who have no adult lineal descendant; |
| 5. | Minor younger siblings who have neither any lineal ascendant under 60 years of age nor any adult sibling. |
| (2) | The spouse referred to in paragraph (1) 1 shall include a person who is in a de facto marital 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 marital relationship with any person other than the relevant person of distinguished service to the May 18 Democratization Movement after he or she was married to or had a de facto marriage with the person of distinguished service to the May 18 Democratization Movement. <Amended on Dec. 22, 2015> |
| (3) | In cases of children referred to in paragraph (1) 2, only one adopted child, whom a person of distinguished service to the May 18 Democratization Movement has adopted because he or she has no lineal descendant, shall be subject to this Act. |
| (4) | In cases of parents referred to in paragraph (1) 3, if there is the spouse of a father or mother who has in fact reared or supported a person of distinguished service to the May 18 Democratization Movement in addition to his or her biological father or mother, one person who has mainly reared or supported the person of distinguished service to the May 18 Democratization Movement shall be deemed his or her father or mother. |
| (5) | In cases of grandparents referred to in paragraph (1) 4, where an adult lineal descendant is a disabled person who is incapable of supporting his or her own livelihood as prescribed by Presidential Decree or an adult lineal descendant is a person falling under any of the following subparagraphs who is in compulsory service, a grandparent shall be deemed to have no adult lineal descendant: <Amended on Dec. 22, 2015; May 29, 2016; Dec. 31, 2019> |
| (6) | In cases of minor younger siblings referred to in paragraph (1) 5, even if the minor younger sibling has a lineal ascendant under 60 years of age or an adult sibling, he or she shall be deemed to have neither any lineal ascendant under 60 years of age nor any adult sibling where such lineal ascendant or adult sibling is a disabled person who is incapable of supporting his or her own livelihood as prescribed by Presidential Decree or a person falling under any subparagraph of paragraph (5) who is in compulsory service. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Dec. 22, 2015]
| Article 6 (Principle of Honorable Treatment) |
Honorable treatment shall be provided to a person of distinguished service to the May 18 Democratization Movement and his or her bereaved family or non-bereaved family according to the degree of sacrifice and contribution made by the person of distinguished service to the May 18 Democratization Movement, and the level of honorable treatment may vary in consideration of their standard of living, age, etc. <Amended on Dec. 22, 2015>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 7 (Registration and Determination) |
| (1) | A person who intends to qualify as a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person shall file an application for registration with the Minister of Patriots and Veterans Affairs. <Amended on Dec. 22, 2015> |
| (2) | In receipt of an application for registration under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether the applicant qualifies as a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person, after confirming the requirements under Article 4 or 5 as prescribed by Presidential Decree. In such cases, the Minister of Patriots and Veterans Affairs shall request the chairperson of the Compensation Deliberation Committee to Persons Associated with the May 18 Democratization Movement under Article 4 of the Act on Compensation to Persons Associated with the May 18 Democratization Movement (hereinafter referred to as the “Compensation Deliberation Committee”) to verify the facts related to such requirements, and the chairperson of the Compensation Deliberation Committee shall verify such facts and notify the Minister of Patriots and Veterans Affairs thereof, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
| (3) | Where necessary to determine whether a person qualifies as a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person pursuant to the former part of paragraph (2), the Minister of Patriots and Veterans Affairs may undergo deliberation and resolution by the Board of Patriots and Veterans Entitlement under Article 74-5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (hereinafter referred to as the “Board of Patriots and Veterans Entitlement”). <Amended on Dec. 22, 2015> |
| (4) | Matters necessary for the order of priority of an application for registration under paragraph (1), the procedures for filing such application, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 8 (Reporting of Changes in Personal Circumstances) |
| (1) | If a person of distinguished service to the May 18 Democratization Movement or a bereaved family member or non-bereaved family member of the person falls under any of the following subparagraphs, a person eligible to file an application for registration under Article 7 (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 Jan. 30, 2009; Dec. 22, 2015; Jan. 5, 2021> |
| 2. | Where he or she loses his or her nationality; |
| 3. | Where he or she is no longer his or her bereaved family member or non-bereaved family member under Article 5; |
| 4. | Where he or she becomes his or her bereaved family member or non-bereaved family member under Article 5; |
| 6. | Where he or she falls under any of Article 95 (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 changed; |
| 9. | Where any other change prescribed by Ordinance of the Prime Minister occurs in his or her personal circumstances. |
| (2) | In 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. <Newly Inserted on Dec. 22, 2015> |
| (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 the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person to submit necessary materials. In such cases, a person who is requested to submit materials shall comply therewith unless there is good cause. <Newly Inserted on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Dec. 22, 2015]
| Article 9 (Creation and Termination of Entitlement to Honorable Treatment under This Act) |
| (1) | The entitlement to honorable treatment under this Act shall be effective from the month in which an application for registration under Article 7 (1) is filed: Provided, That where an application is filed for educational assistance under Article 12-3 (1) or for the payment of a subsidy under Article 84-2 (2), the entitlement to the relevant honorable treatment shall be effective from the month in which an application therefor is filed. <Amended on Dec. 22, 2015; Jan. 5, 2021> |
| (2) | If a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person falls under any of Articles 8 (1) 1 through 3 and 95 (1) or (2), his or her entitlement to honorable treatment under this Act shall be terminated in the month following the month in which the relevant cause occurs. In such cases, if a person of distinguished service to the May 18 Democratization Movement himself or herself falls under Article 8 (1) 2 or 95 (1), the entitlement of his or her family members to honorable treatment shall be terminated simultaneously. <Amended on Dec. 22, 2015; Jan. 5, 2021> |
| (3) | If a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person falls under any of the following subparagraphs, his or her entitlement to honorable treatment under this Act shall be terminated retroactively to the date on which such entitlement was effective. In such cases, where the entitlement of a person of distinguished service to the May 18 Democratization Movement to honorable treatment is terminated, entitlement of the bereaved family or non-bereaved family of the person to honorable treatment shall be terminated simultaneously: <Amended on Dec. 22, 2015> |
| 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 he or she fails to meet the requirements for registration as a person of distinguished service to the May 18 Democratization Movement, as the facts related to the requirements for persons of distinguished service to the May 18 Democratization Movement notified by the chairperson of the Compensation Deliberation Committee pursuant to the latter part of Article 7 (2) are found seriously insufficient to meet such requirements. |
| (4) | When the Minister of Patriots and Veterans Affairs determines whether a person falls under any subparagraph of paragraph (3), he or she shall investigate and verify the facts related thereto and then undergo deliberation and resolution by the Board of Patriots and Veterans Entitlement. <Newly Inserted on Dec. 22, 2015> |
| (5) | If the chairperson of the Compensation Deliberation Committee becomes aware of any fact falling under any subparagraph of paragraph (3), he or she shall notify the Minister of Patriots and Veterans Affairs of the details thereof without delay. <Newly Inserted on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 10 (Duty to Maintain Dignity) |
No person of distinguished service to the May 18 Democratization Movement nor the bereaved family or non-bereaved family of the person shall commit any act that harms human dignity.
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER II EDUCATIONAL ASSISTANCE
| Article 11 (Educational Assistance) |
The State shall provide educational assistance to persons of distinguished service to the May 18 Democratization Movement and their bereaved families or non-bereaved families so that they can receive necessary education at a school, etc. falling under any subparagraph of Article 12-2 (hereinafter referred to as “educational institution”) to be self-sufficient as healthy members of society. [This Article Wholly Amended on Dec. 22, 2015]
| Article 12 (Persons Eligible for Educational Assistance) |
| (1) | Persons who are eligible for educational assistance (hereinafter referred to as “persons eligible for educational assistance”) shall be as follows: |
| 1. | A person wounded in the May 18 Democratization Movement and any other victim of the May 18 Democratization Movement; |
| 2. | The spouse of a person killed or missing in the May 18 Democratization Movement; |
| 3. | Children of a person falling under subparagraph 1; |
| 4. | Children and minor younger siblings of a person killed or missing in the May 18 Democratization Movement, and where a person falling under subparagraph 1 is deceased, his or her minor younger siblings. |
| (2) | Educational assistance to a person falling under paragraph (1) 3 or 4 shall be provided only where such person 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. <Amended on Dec. 22, 2015> |
| (3) | Educational assistance to any of the following persons from among persons eligible for educational assistance may be provided, as prescribed by Presidential Decree, in consideration of the standard of living including the standard median income under subparagraph 11 of Article 2 of the National Basic Living Security Act (hereinafter referred to as “standard median income”): <Newly Inserted on Dec. 22, 2015> |
| 1. | Any other victim of the May 18 Democratization Movement and his or her children; |
| 2. | Children of a person who is determined to have a lower disability rating than that prescribed by Presidential Decree, from among persons wounded in the May 18 Democratization Movement. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 12-2 (Educational Institutions) |
Educational institutions that provide educational assistance to persons eligible for educational assistance shall be as follows:
| 3. | Lifelong educational establishments where academic attainments are recognized under the Lifelong Education Act; |
| 4. | Education and training institutions which provide the courses of study assessed and certified under the Act on Recognition of Credits. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 12-3 (Application for Educational Assistance) |
| (1) | A person falling under any subparagraph of Article 12 (3) who intends to obtain educational assistance (hereinafter referred to as “applicant for educational assistance”) shall file an application for educational assistance with the Minister of Patriots and Veterans Affairs. |
| (2) | Where an applicant for educational assistance files an application pursuant to paragraph (1), the applicant and persons with the duty of maintaining and supporting the applicant (referring to his or her spouse, parents, children, or the spouses of children who have the duty of maintaining and supporting the applicant; hereinafter the same shall apply) shall submit a document stating that they consent to the provision of the following materials or information: |
| 3. | Insurance premiums paid after the purchase of insurance under the subparagraphs of Article 4 (1) of the Insurance Business Act and other materials or information prescribed by Presidential Decree (hereinafter referred to as “insurance information”). |
| (3) | In receipt of an application under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether educational assistance should be provided, according to the results of an inspection under Article 12-4. |
| (4) | Matters necessary for the methods and procedures for filing an application for educational assistance under paragraph (1), the methods and procedures for giving consent under paragraph (2), etc., shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 12-4 (Inspection and Inquiry) |
| (1) | In order to verify eligibility for educational assistance, the Minister of Patriots and Veterans Affairs may request an applicant for educational assistance or a recipient of educational assistance (referring to a person falling under any subparagraph of Article 12 (3) who is receiving educational assistance; hereinafter the same shall apply), and persons who have the duty of maintaining and supporting the applicant or recipient, to submit necessary documents or other materials concerning their income, property, etc., and may require public officials under his or her control to access the residences of the applicant or recipient and the persons with the duty of maintaining and supporting the applicant or recipient, and other necessary places to inspect documents, etc., or to make necessary inquiries of relevant persons. |
| (2) | A person who performs an access, inspection or inquiry pursuant to paragraph (1) shall carry an identification verifying his or her authority and present it to relevant persons. |
| (3) | Where an applicant for educational assistance, a recipient of educational assistance, or a person with the duty of maintaining and supporting the applicant or recipient refuses to submit documents or materials under paragraph (1) or refuses, obstructs, or evades an inspection or inquiry, the Minister of Patriots and Veterans Affairs may reject the application for educational assistance or suspend educational assistance. |
| (4) | Matters necessary for the scope, timing, and details of inspections and inquiries under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 12-5 (Provision of Financial Information) |
| (2) | Notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) the Credit Information Use and Protection Act, where deemed necessary to verify the eligibility for educational assistance of a recipient of educational assistance and persons who have with the duty of maintaining and supporting the recipient, the Minister of Patriots and Veterans Affairs may request the head of a financial company, etc. to provide financial information, etc., by a document stating personal information, the base date of inquiry, the period of inquiry, etc. prescribed by Presidential Decree or through an information and communications network (referring to an information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply). |
| (5) | A request to provide financial information, etc. and the provision thereof under paragraphs (1) through (3) shall be made through an information and communications network: Provided, That this shall not apply in extenuating circumstances, including damage to the information and communications network. |
| (6) | No person who engages or engaged in the affairs referred to in paragraphs (1) and (2) shall use financial information, etc. acquired in the course of performing the affairs for any purpose other than that prescribed by this Act, nor shall furnish or disclose such information to any other person or institution. |
| (7) | Matters necessary for requesting the provision of financial information, etc., providing such information, etc. under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 13 Deleted. <Dec. 22, 2015> |
| Article 14 (Obligation to Enroll) |
| (1) | An educational institution falling under subparagraph 1 of Article 12-2 shall enroll persons eligible for educational assistance within the range of the percentage of school enrollment specified in Article 23 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
| (2) | If deemed necessary in consideration of the regional distribution of persons eligible for educational assistance, the Minister of Education may determine the percentage of school enrollment under paragraph (1) by region within the range of the percentage specified in Article 23 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, as prescribed by Presidential Decree. <Amended on Jan. 30, 2009; Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 15 (Admission Procedures) |
Entrance examinations for persons eligible for educational assistance who are to be enrolled in educational institutions falling under subparagraph 1 of Article 12-2, determination on the admission of such persons, and other matters necessary for their admission shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2015> [This Article Wholly Amended on Mar. 28, 2008]
| Article 16 (Exemption from Tuition Fees) |
| (1) | An educational institution shall exempt persons eligible for educational assistance from tuition fees, admission fees and other school expenses required for education (hereinafter referred to as “tuition fees, etc.”). <Amended on Dec. 22, 2015; May 29, 2016> |
| (2) | Exemption from tuition fees, etc. under paragraph (1) shall be granted from the month in which a person eligible for educational assistance files an application for exemption from tuition fees, etc. with the head of an educational institution, after such person is determined to be registered as a person of distinguished service to the May 18 Democratization Movement or as the bereaved family member or non-bereaved family member of the person pursuant to Article 7 (2): Provided, That from among educational institutions, a university or college, a lifelong educational establishment in the form of a cyber college, or an education and training institution operating 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 (hereinafter referred to as “university or college, etc.”), shall exempt a person eligible for educational assistance from tuition fees, etc., beginning with tuition fees, etc. with the first payment deadline arrived on or after he or she files an application for exemption from tuition fees, etc. <Amended on Jan. 30, 2009; Dec. 22, 2015> |
| (3) | Where a private university or college, etc. exempts a person eligible for educational assistance who falls under Article 12 (1) 3 or 4 from tuition fees, etc. pursuant to paragraphs (1) and (2), the State shall subsidize half of the amount 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 exempt from tuition fees, etc. pursuant to paragraph (2), after filing an application for registration as a person of distinguished service to the May 18 Democratization Movement or as the bereaved family of non-bereaved family of the person: Provided, That where any ground prescribed by Presidential Decree exists, including obtaining a national subsidy for the amount equivalent to tuition fees, etc. pursuant to other statutes and regulations, the State shall not subsidize the amount equivalent thereto. <Amended on Dec. 22, 2015> |
| (5) | Matters necessary for the term of years during which tuition fees, etc. are exempted or subsidized for persons eligible for educational assistance pursuant to paragraphs (1) through (4), the standards therefor, subsidization for educational institutions providing educational assistance, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 16-2 (Assistance to Persons Eligible for Educational Assistance Who Attend Foreigners’ Schools) |
| (1) | Where a person eligible for educational assistance enters any of the following foreigners’ schools, etc., his or her tuition fees, etc. may be partially subsidized within the budget: |
| 2. | A foreign educational institution equivalent to a middle school or high school or a foreign educational institution equivalent to a university or college under Article 2 of the Elementary and Secondary Education Act, among foreign educational institutions under 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) | A subsidy payable to a person eligible for educational assistance pursuant to paragraph (1) shall be determined in consideration of the following matters; and detailed matters necessary for the standards for payment, the amount of payment, the term of years of subsidization, the procedures for payment, etc. shall be prescribed by Presidential Decree: |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 17 (Payment of Learning Subsidies) |
| (1) | The Minister of Patriots and Veterans Affairs may pay learning subsidies to persons eligible for educational assistance who fall under any of the following subparagraphs: <Amended on Jan. 30, 2009; Dec. 22, 2015> |
| 1. | Any person eligible for educational assistance who receives special education under subparagraph 1 of Article 2 of the Act on Special Education for Persons with Disabilities; |
| 2. | Any other person eligible for educational assistance prescribed by Presidential Decree, as a person who needs learning subsidies. |
| (2) | Matters necessary for determining the amount of learning subsidies payable under paragraph (1), the method of payment, etc., shall be prescribed by Presidential Decree. <Amended on Jan. 30, 2009; Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 18 Deleted. <Dec. 22, 2015> |
CHAPTER III EMPLOYMENT ASSISTANCE
| Article 19 (Employment Assistance) |
The State shall provide employment assistance to ensure that persons of distinguished service to the May 18 Democratization Movement and their bereaved families or non-bereaved families can live a stable life and realize their full potential.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 20 (Persons Eligible for Employment Assistance) |
| (1) | 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. | A person wounded in the May 18 Democratization Movement and any other victim of the May 18 Democratization Movement; |
| 2. | The spouse of a person killed or missing in the May 18 Democratization Movement; |
| 3. | The spouse of a person falling under subparagraph 1; |
| 4. | Children of a person killed or missing in the May 18 Democratization Movement; |
| 5. | Children of a person who is determined to have a disability rating equal to or higher than that prescribed by Presidential Decree, from among persons wounded in the May 18 Democratization Movement. |
| (2) | Where employment assistance is provided under Articles 23 and 25, it shall be provided to only one person in cases of persons eligible for employment assistance who fall under paragraph (1) 4 and 5. <Amended on Dec. 22, 2015> |
| (3) | A person eligible for employment assistance may be provided with employment assistance, within the number of times specified by Presidential Decree after adding the number of times such person is employed under Article 23 (2) and the number of times such person is hired under Article 25. <Newly Inserted on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Dec. 22, 2015]
| Article 21 (Institutions Providing Employment Assistance) |
Institutions to provide employment assistance shall be as follows:
| 1. | State agencies, local governments, military units, and national and public schools; |
| 2. | Public or private enterprises or public or private organizations to ordinarily employ at least 20 persons a day for each relevant institution: Provided, That manufacturers prescribed by Presidential Decree which employ less than 200 persons shall be excluded herefrom; |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 22 (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 classifications to the score earned by a person eligible for employment assistance who applies for the employment examination: <Amended on Dec. 22, 2015> |
| 1. | Persons eligible for employment assistance in whose case 10 percent of a perfect score is added: |
| 2. | Persons eligible for employment assistance in whose case 5 percent of a perfect score is added: |
| (c) | Deleted. <Dec. 22, 2015> |
| (2) | Where an employment examination referred to in paragraph (1) is divided into a written test, a performance test, an oral test, etc. to be conducted accordingly, scores shall be added for each test according to the classifications under the subparagraphs of paragraph (1), and where an examination is conducted for at least two subjects, scores shall be added for each subject according to the classifications under the subparagraphs of paragraph (1): Provided, That this shall not apply where there is a subject in which a person eligible for employment assistance earns a score less than 40 percent of each perfect score or in cases of an examination the results of which cannot be converted into scores. <Amended on Dec. 22, 2015> |
| (4) | In determining successful applicants in an employment examination, if there is a tie in scores in excess of the number of persons to be selected, a person eligible for employment assistance from among the same score earners shall be given priority and determined as a successful applicant. |
| (5) | The ranks, classes, and positions of persons eligible for additional scores in an employment examination under paragraphs (1) and (2) and other matters necessary for awarding additional scores in an employment examination shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 22-2 (Application for Employment Assistance) |
A person eligible for employment assistance who intends to obtain such assistance (excluding employment assistance under Article 22; hereafter the same shall apply in this Article) shall file an application therefor with the Minister of Patriots and Veterans Affairs. [This Article Wholly Amended on Mar. 28, 2008]
| Article 23 (Obligation of State Agencies to Employ) |
| (1) | An institution providing employment assistance which falls under subparagraph 1 of Article 21, the head of which has the authority to appoint public officials in general service and civilian military employees in general service prescribed by Presidential Decree (hereinafter referred to as “public officials in general service, etc.”), and which has the prescribed 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 at the employment ratio prescribed by Presidential Decree (hereinafter referred to as “employment ratio”), out of the prescribed number of public officials in general service, etc. In such cases, the prescribed number of public officials in general service, etc. shall be deemed to be included in that of the State agency, etc. which has the authority to appoint such public officials in general service, etc. <Amended on Jan. 28, 2014; Dec. 20, 2016> |
| (2) | Where 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 at the employment ratio specified in paragraph (1) receives a recommendation for persons eligible for employment assistance from the Minister of Patriots and Veterans Affairs when newly employing public officials in general service, etc., he or she shall select and specially employ persons from 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 Jan. 28, 2014; May 29, 2016> |
| (3) | When the Minister of Patriots and Veterans Affairs recommends persons eligible for employment assistance under paragraph (2), he or she shall recommend multiple persons: Provided, That he or she shall not do so where the number of persons eligible for recommendation is equal to or less than the number of persons to be employed. <Newly Inserted on May 29, 2016> |
| (4) | Matters necessary for the procedures for requesting a recommendation for persons eligible for employment assistance under paragraph (2), the standards for recommendation, special employment, etc. shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 24 (Verification of Actual State of Employment by State Agencies) |
| (1) | A State agency, etc. shall notify the Minister of Patriots and Veterans Affairs of matters relating to the prescribed number and employment of public officials in general service, etc. among its public officials, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
| (2) | If deemed necessary to verify and inspect the actual state 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 submit the related materials or may verify and inspect the actual state by any other means, and if any rectification or supplementation is deemed necessary as a result of such verification and inspection, he or she may request the head of the relevant State agency, etc. to make the rectification or supplementation. <Amended on Jan. 28, 2014> |
| (3) | The head of a State agency, etc. in receipt of a request for rectification or supplementation under paragraph (2) shall take necessary measures, and shall notify the Minister of Patriots and Veterans Affairs of the results thereof. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 24-2 (Obligation of Enterprises to Employ Preferentially) |
| (1) | An institution providing employment assistance which falls under subparagraph 2 of Article 21 shall preferentially employ persons eligible for employment assistance at least at the employment rate prescribed by Presidential Decree for each target institution, within the range of the employment rate specified in Article 33-2 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State. |
| (2) | Notwithstanding paragraph (1), if necessary to assist persons eligible for employment assistance to be employed in the types of jobs suitable for their abilities, the Minister of Patriots and Veterans Affairs may increase the employment rate under paragraph (1) for the following institutions providing employment assistance, within the range of the rate specified in Article 33-2 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, as prescribed by Presidential Decree: |
| 3. | Other enterprises or organizations prescribed by Presidential Decree as institutions providing employment assistance that fall under subparagraph 2 of Article 21. |
| (3) | A private school whose prescribed number of staff excluding teachers is at least five persons, from among institutions providing employment assistance that fall under subparagraph 3 of Article 21, shall preferentially employ persons eligible for employment assistance at least at 10 percent of the number of its employees excluding teachers. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 24-3 (Reporting by Enterprises) |
| (1) | An institution providing employment assistance which falls under subparagraph 2 or 3 of Article 21 (hereinafter referred to as “enterprise, etc.”) shall report to the Minister of Patriots and Veterans Affairs, the type of business, the types of jobs for employment, the number of employees, the standards for employment, and other matters relating to employment, as prescribed by Presidential Decree. |
| (2) | If details of a report under paragraph (1) are deemed insufficient or it is deemed necessary to ascertain the actual state, the Minister of Patriots and Veterans Affairs may authorize relevant public officials to visit the relevant enterprise, etc. and other enterprises, etc. deemed to fall thereunder and to request the enterprise, etc. to provide a necessary explanation or submit the related materials. |
| (3) | In the case of paragraph (2), relevant public officials shall carry an identification verifying their authority and present it to relevant persons. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 25 (Special Employment of Veterans) |
| (1) | The Minister of Patriots and Veterans Affairs shall recommend multiple persons eligible for employment assistance to an enterprise, etc. that fails to meet the employment rate specified in Article 24-2, as prescribed by Presidential Decree, so that the enterprise, etc. can select persons to employ: Provided, That he or she may not recommend multiple persons eligible for employment assistance in any of the following cases: <Amended on Jan. 30, 2009; Dec. 22, 2015> |
| 1. | Where a person eligible for employment assistance falls under any of Article 20 (1) 1 through 3; |
| 2. | Deleted; <Dec. 22, 2015> |
| 3. | Where the number of persons who may be recommended to the relevant enterprise, etc. from among the persons eligible for employment assistance who have applied for employment assistance is equal to or less than the number of persons that the enterprise, etc. is to be ordered to employ; |
| 4. | Where it is agreed with an enterprise, etc. not to recommend multiple persons; |
| 5. | Where the Minister of Patriots and Veterans Affairs deems it impracticable to recommend multiple persons. |
| (2) | An enterprise, etc. which receives a recommendation for multiple persons eligible for employment assistance pursuant to paragraph (1) shall select persons to employ from among the recommended persons and shall notify the Minister of Patriots and Veterans Affairs of such selection, as prescribed by Presidential Decree. <Newly Inserted on Jan. 30, 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 classifications, as prescribed by Presidential Decree: <Newly Inserted on Jan. 30, 2009> |
| 1. | Where an enterprise, etc. gives notice under paragraph (2): Persons eligible for employment assistance selected by the enterprise, etc.; |
| 2. | Where an enterprise, etc. fails to give notice under paragraph (2) without good cause prescribed by Presidential Decree (including cases of giving notice after selecting a smaller number of persons eligible for employment assistance than the number of persons to be ordered to be employed): Persons selected from 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 of paragraph (1), with the exception of its subparagraphs: Persons eligible for employment assistance designated by the Minister of Patriots and Veterans Affairs. |
| (4) | Where the Minister of Patriots and Veterans Affairs issues an order for employment pursuant to paragraph (3), he or she shall designate an enterprise, etc. and shall notify the relevant person eligible for employment assistance that the person will be employed in the enterprise, etc., as prescribed by Presidential Decree. <Amended on Jan. 30, 2009> |
| (5) | Where an enterprise, etc. is, pursuant to paragraph (3), ordered to employ a person falling under Article 20 (1) 4 or 5, the upper age limit for assistance in such employment, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 30, 2009; Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 26 (Restrictions on Employment Assistance) |
| (1) | Any person eligible for employment assistance who has been employed under this Act shall work in good faith. |
| (2) | If a person eligible for employment assistance falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may restrict employment assistance under Article 23 or 25 for a certain period or may restrict the number of times thereof, as prescribed by Presidential Decree: <Amended on Jan. 30, 2009; Dec. 22, 2015> |
| 1. | Where the person refuses to be employed without good cause after having been notified of employment under Article 25 (4); |
| 2. | Where the person works for less than the period prescribed by Presidential Decree and retires without good cause after having been employed under Article 23 or 25; |
| 3. | Where the person is dismissed from his or her office by disciplinary action, on the ground of neglect of duties, dereliction of duties, or misconduct. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 27 (Criteria for Passing Physical Examination) |
The criteria for passing a physical examination for a person wounded in the May 18 Democratization Movement who is eligible for employment assistance shall be the level of physical conditions at which such person can perform his or her duties in the type of job for which he or she is to be employed, and a determination on his or her success in the examination shall be made by a medical institution prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 27-2 (Addition to Period of Work Experience) |
An enterprise, etc. may add the period of military service of a preferentially employed person eligible for employment assistance to the period of work experience for the purpose of determining his or her salary class, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 28 (Prohibition of Discrimination) |
| (1) | No institution providing employment assistance shall treat a person employed under this Act (including a newly employed person; hereinafter the same shall apply) unfavorably compared with other employees, in terms of all aspects of treatment, including the conferral of class, assignment of position, promotion, and pay increase, on the grounds that such person has been obligatorily employed. |
| (2) | Where an institution providing employment assistance is deemed to have discriminately treated a person employed under this Act in violation of paragraph (1), the Minister of Patriots and Veterans Affairs may request the institution to rectify such discrimination. |
| (3) | An institution providing employment assistance in receipt of a request for rectification under paragraph (2) shall take measures for rectification accordingly and shall notify the Minister of Patriots and Veterans Affairs of the results thereof. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 29 (Notification of Fact of Employment) |
In any of the following cases, an institution providing employment assistance shall notify the Minister of Patriots and Veterans Affairs of the details thereof:
| 1. | Where a person eligible for employment assistance is employed; |
| 2. | Where a person employed under this Act retires or is discharged or dismissed. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 29-2 (Calculation of Number of Persons Employed or Hired) |
| (1) | Where the number of persons calculated according to the ratio or rate specified in Article 23 (1) or 24-2 (1) through (3) is less than one person, it shall be deemed one person; and if such number is at least one person, any figure below the decimal point shall be rounded down. |
| (2) | Even if a person eligible for employment assistance who was employed as a public official in general service, etc. pursuant to Article 22 or 23 (2) or hired pursuant to Article 22, 24-2, or 25 (excluding where he or she was hired as a teacher) was excluded from the category of persons eligible for employment assistance, he or she shall, if he or she is continuously employed, be included in the number of persons calculated for the employment ratio or employment rate of the relevant institution providing employment assistance. <Amended on Jan. 28, 2014> |
| (3) | Where a person eligible for employment assistance is employed or hired by any means other than employment assistance under Article 22, 23, 24-2, or 25, he or she shall not be included in the number of persons calculated for the employment ratio or employment rate of the relevant institution providing employment assistance. <Newly Inserted on May 29, 2016> |
| (4) | Where calculating the number of persons employed or hired under Articles 23 (1) and 24-2, and paragraph (2) of this Article, employing or hiring persons wounded in the May 18 Democratization Movement, who are persons eligible for employment assistance falling under Article 20 (1) 1 and are determined to have a disability rating equal to or higher than that prescribed by Presidential Decree, shall be deemed employing or hiring double the number of the persons. <Newly Inserted on Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 28, 2008]
[Paragraph (4) of this Article shall be effective until December 31, 2022 in accordance with Article 2 of the Addenda to Act No. 15026 (Oct. 31, 2017)]
| Article 30 (Vocational Training) |
| (1) | In order to enable a person wounded in the May 18 Democratization Movement 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 skills development training establishment under subparagraph 3 of Article 2 of the Act on the Development of Vocational Skills of Workers so that they can undergo vocational skills development training. In such cases, the number of persons eligible for employment assistance to be recommended shall be determined in consultation with the Minister of Employment and Labor within the range of the preferential vocational education and training ratio under Article 10 of the Vocational Education and Training Promotion Act. <Amended on May 31, 2010; Jun. 4, 2010; Dec. 22, 2015> |
| (3) | Expenses necessary for vocational rehabilitation training under paragraph (1) and vocational skills development training under paragraph (2) shall be borne by the State. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 31 (Payment of Subsidy for Ability Development) |
| (1) | The Minister of Patriots and Veterans Affairs may, within the budget, subsidize all or part of the expenses incurred in developing qualifications, abilities, etc. required for employment to a person eligible for employment assistance who intends to develop such qualifications, etc., or pay a subsidy to such person. <Amended on Jan. 30, 2009> |
| (2) | Matters necessary for the standards for, scope of, and procedures for subsidizing expenses or paying a subsidy pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 32 Deleted. <Jan. 20, 2004> |
CHAPTER IV MEDICAL ASSISTANCE
| Article 33 (Medical Assistance) |
The State shall provide medical assistance to ensure that persons of distinguished service to the May 18 Democratization Movement and their bereaved families or non-bereaved families can maintain a healthy life and receive necessary medical treatment, etc.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 34 (Medical Treatment) |
| (1) | Where a person wounded in the May 18 Democratization Movement needs medical treatment for his or her wound or suffers from a disease (including an injury; hereafter the same shall apply in this Article), he or she shall receive medical treatment at a medical institution operated by the State (including a veterans hospital under Article 7 of the Korea Veterans Health Service Act) or by a local government, as prescribed by Presidential Decree: Provided, That this shall not apply to a disease intentionally caused by the person himself or herself. <Amended on Dec. 22, 2015> |
| (2) | The State may entrust medical treatment under paragraph (1) to medical institutions that are not operated by the State or a local government. <Amended on Dec. 22, 2015> |
| (3) | Expenses incurred in medical treatment under paragraphs (1) and (2) shall be borne by the State: Provided, That where medical treatment is provided by a medical institution operated by a local government, part of the expenses incurred therein may be borne by the local government, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
| (4) | Where a person who is determined to have a lower disability rating than that prescribed by Presidential Decree, from among persons wounded in the May 18 Democratization Movement, suffers from any disease other than his or her wound and receives medical treatment at a medical institution under paragraph (1) or a medical institution to which medical treatment is entrusted under paragraph (2), he or she may be required to bear part of the expenses incurred in such medical treatment as prescribed by Presidential Decree, notwithstanding paragraph (3). <Amended on Dec. 22, 2015> |
| (5) | Any of the following persons shall receive medical treatment at a veterans hospital under 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, within the limits of expenses to be borne by the relevant person himself or herself, and the expenses reduced or exempted shall be paid by the Minister of Patriots and Veterans Affairs to the Korea Veterans Health Service established under the Korea Veterans Health Service Act (hereinafter referred to as the “Service”) within the budget: <Newly Inserted on Dec. 22, 2015> |
| 1. | Any other victim of the May 18 Democratization Movement; |
| 2. | The spouse of a person of distinguished service to the May 18 Democratization Movement, among the family members of the person; |
| 3. | One person given priority according to the order of priority under the subparagraphs of Article 5 (1), among the bereaved family members of a person of distinguished service to the May 18 Democratization Movement; in such cases, when the person given priority is the father or mother of a person of distinguished service to the May 18 Democratization Movement, the mother or father who is not the person given priority shall be included. |
| (6) | In applying paragraph (5) 3, where at least two persons are in the same order of priority among bereaved family members, Article 13 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the determination of a person given higher priority. <Newly Inserted on Dec. 22, 2015> |
| (7) | Matters necessary for medical assistance, such as the methods and procedures for, 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 Presidential Decree. <Newly Inserted on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 35 (Provision of Prosthetic Appliances) |
A person wounded in the May 18 Democratization Movement, who needs a prosthetic appliance due to his or her physical disability, may be provided with the prosthetic appliance, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 36 Deleted. <Dec. 22, 2015> |
| Article 37 (Medical Rehabilitation) |
| (1) | The Minister of Patriots and Veterans Affairs shall formulate policies on medical rehabilitation and rehabilitative sports, and shall implement projects therefor in order to prevent the deterioration of physical functions of persons wounded in the May 18 Democratization Movement and to assist them to recover such functions. |
| (2) | If deemed necessary for the promotion of medical rehabilitation and rehabilitative sports, the Minister of Patriots and Veterans Affairs may entrust projects therefor to the Service. In such cases, the Minister of Patriots and Veterans Affairs may subsidize all or part of the expenses incurred therein within the budget. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 38 (Subsidization of Expenses for Securing Medical Facilities) |
The Minister of Patriots and Veterans Affairs may, within the budget, subsidize to the Service the expenses incurred in securing facilities, etc. necessary for medical assistance under this Act and in maintaining and managing such facilities.
[This Article Wholly Amended on Mar. 28, 2008]
The State may provide long-term, low-interest rate loans to ensure that persons of distinguished service to the May 18 Democratization Movement and their bereaved families become self-reliant and live a stable life.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 40 (Persons Eligible for Loans) |
Persons eligible for loans shall be as follows:
| 1. | A person of distinguished service to the May 18 Democratization Movement; |
| 2. | One person among the bereaved family members of a person of distinguished service to the May 18 Democratization Movement; in such cases, the person eligible for loans shall be determined in the order of priority under the subparagraphs of Article 5 (1), and where at least two persons are in the same order of priority, Article 13 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the determination of a person to be given higher priority. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 41 (Funds for Loans) |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 42 (Types of Loans) |
The types of loans shall be as follows:
| 1. | Loans for purchasing farmland; |
| 2. | Housing loans (referring to loans for purchasing a house, loans for purchasing a housing site, loans for constructing a new house, loans for improving a house, and loans for renting a house; hereinafter the same shall apply); |
| 4. | Loans for living a stable life. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 43 (Maximum Amount of Loans) |
| (1) | The Minister of Patriots and Veterans Affairs shall determine the maximum amount of each type of loan within the limits of funds for loans. |
| (2) | When the Minister of Patriots and Veterans Affairs grants a loan under subparagraphs 1 and 2 of Article 42, he or she shall do so within the following limits: |
| 1. | Loans for purchasing farmland: Within the limits of the appraised value of the relevant farmland; |
| 2. | Loans for purchasing a house, loans for purchasing a housing site, or loans for constructing a new house: Within the limits of the appraised value of the relevant house or housing site; |
| 3. | Loans for improving a house: Within the limits of the expenses incurred in improving the relevant house; |
| 4. | Loans for renting a house: Within the limits of the rent amount. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 44 (Interest Rates on Loans) |
Interest rates on loans shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 45 (Application for Loans) |
| (1) | A person who intends to obtain a loan shall file an application for the loan with the Minister of Patriots and Veterans Affairs as prescribed by Presidential Decree, and if such person meets the requirements for eligibility for two or more loans, he or she shall choose one of the loans and file an application therefor. Such choice shall not be changed even where such person files a loan application again after obtaining a loan. |
| (2) | In receipt of an application for a loan under paragraph (1), the Minister of Patriots and Veterans Affairs shall set the criteria for determination on the loan and shall grant the loan according to such criteria. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 46 (Loan Repayment Period) |
| (1) | A loan shall be repaid in installments within the following periods, as prescribed by Presidential Decree: |
| 1. | Loans for purchasing farmland: 12 years after a three-year grace period; |
| 2. | Housing loans: 20 years; |
| 3. | Business loans: 15 years; |
| 4. | Loans for living a stable life: Five years. |
| (2) | If a person who obtained a loan is deemed to have difficulties in repaying the loan, the Minister of Patriots and Veterans Affairs may extend the repayment period by up to three years. <Amended on Jan. 30, 2009> |
| (3) | Where a person who obtained a loan uses the loan for any purpose other than the original purpose, the Minister of Patriots and Veterans Affairs may require the person to repay the loan as prescribed by Presidential Decree, notwithstanding the repayment period under paragraph (1). <Amended on Jan. 30, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 47 (Sale of House Units) |
If necessary to supply housing to persons eligible for loans, the Minister of Patriots and Veterans Affairs may construct houses with the funds referred to in Article 41, and may sell or rent or manage house units: Provided, That if deemed particularly necessary in the basis of the supply and demand for houses, he or she may sell or rent house units to persons other than those eligible for loans. [This Article Wholly Amended on Mar. 28, 2008]
| Article 48 (Payment of Subsidies) |
A subsidy may be paid, within the budget, to a person who obtains a loan for purchasing farmland or a housing loan (excluding loans for purchasing a housing site and loans for improving a house) from among persons eligible for loans, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| (1) | In order to facilitate the purchase, etc. of farmland or a house by a person who is to obtain a loan for purchasing farmland or a housing loan (excluding loans for improving a house and loans for renting a house; hereafter the same shall apply in this Article), the Minister of Patriots and Veterans Affairs may guarantee the payment of the relevant loan for such person, as prescribed by Presidential Decree. <Amended on Mar. 28, 2008> |
| (2) | A person who obtains a loan for purchasing farmland or a housing loan shall offer to the State the property to be acquired with the loan as security by the time at which the loan is fully repaid. <Amended on Mar. 28, 2008> |
| (3) | Notwithstanding paragraph (2), where a loan for purchasing a house is granted for the purchase of a multi-family housing unit such as an apartment house, if the registration of ownership of the housing unit is anticipated to be delayed for a considerable period of time without reasons attributable to the person who is to obtain the loan, the Minister of Patriots and Veterans Affairs may, by applying mutatis mutandis paragraph (5), permit the person to furnish other security, without taking the housing unit as security until the person can offer it as security. <Amended on Mar. 28, 2008> |
| (4) | Deleted. <Mar. 28, 2008> |
| (5) | A person who obtains a loan for improving a house, loan for renting a house, business loan, or loan for living a stable life, shall offer his or her real property as security to the State: Provided, That if a person who obtains a loan has no real property to offer as security, the Minister of Patriots and Veterans Affairs may require such person to provide a guarantor or furnish any other security. <Amended on Mar. 28, 2008> |
| (6) | When the Minister of Patriots and Veterans Affairs deems it impracticable to preserve a claim only with the security offered under paragraphs (2), (3), and (5), he or she may take measures necessary to preserve the claim. <Amended on Mar. 28, 2008> |
| (7) | If any of the following grounds exists, a person who obtained a loan for purchasing farmland or a housing loan shall, in lieu of the real property already offered as security, offer any other real property with a value of not less than the amount of debt he or she has not yet repaid, as security to the State, upon obtaining approval from the Minister of Patriots and Veterans Affairs: Provided, That in the case of subparagraph 3, the newly purchased real property shall be offered to the State as security: <Amended on Mar. 28, 2008> |
| 1. | Where the secured property is expropriated pursuant to any Act (excluding cases of partial expropriation that does not affect the preservation of the relevant claim); |
| 2. | Where replacement of the secured property is unavoidable due to an act of God or disaster or on other grounds similar thereto; |
| 3. | Where selling the farmland or house acquired with the loan is unavoidable and another real property for the same purpose is purchased. |
| (8) | Where it is unavoidable for a person who obtained a loan for improving a house, loan for renting a house, business loan, or loan for living a stable life to replace the real property he or she offered as security due to his or her business operations or any other unavoidable cause, he or she shall furnish the State with any real property with a value of not less than the amount of debt he or she has not yet repaid or with the security determined by the Minister of Patriots and Veterans Affairs: Provided, That furnishing security other than real property shall be permitted only where the amount of debt he or she has not yet repaid is not more than the amount prescribed by the Minister of Patriots and Veterans Affairs. <Amended on Mar. 28, 2008> |
| (9) | If a loan is fully repaid, the Minister of Patriots and Veterans Affairs shall undergo the procedures for cancelling the relevant mortgage. <Amended on Mar. 28, 2008> |
| Article 50 Deleted. <Jan. 30, 2009> |
| Article 51 Deleted. <Mar. 28, 2008> |
| Article 52 (Assumption of Obligations) |
| (1) | Where any secured property is sold at auction upon the execution of the mortgage on the property, if the successful bidder is a person eligible for loans under Article 40, the Minister of Patriots and Veterans Affairs may, upon receiving an application from the successful bidder, allow the successful bidder to assume obligations related to the repayment of the previous loan instead of paying the purchase price, within the limits of a share of the successful bid price receivable by the State. |
| (2) | Article 49 (2) shall apply mutatis mutandis to a person who assumes obligations pursuant to paragraph (1). |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 53 (Purchase of Secured Property) |
| (1) | Where any secured property is sold at auction upon the execution of the mortgage on the property, the Minister of Patriots and Veterans Affairs may purchase the property in accordance with the procedures prescribed by the Civil Execution Act. In such cases, Article 113 of the Civil Execution Act shall not apply. |
| (2) | The Minister of Patriots and Veterans Affairs may manage and dispose of the secured property purchased under paragraph (1). In such cases, if the purchased property is farmland, it shall be sold to a farmer or an agricultural corporation under the Farmland Act. |
| (3) | The standards for the purchase price in cases of purchasing any secured property pursuant to paragraph (1) and for the disposal price of any property disposed of pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 54 (Succession to Loans) |
| (1) | If a person who obtained a loan dies during the loan repayment period, his or her heir shall succeed to the obligations related to the loan. <Amended on Jan. 30, 2009> |
| (2) | A person who succeeds to obligations related to a loan pursuant to paragraph (1) shall file a report thereon with the Minister of Patriots and Veterans Affairs. In such cases, if there are several persons who succeed to the obligations related to the loan, they shall appoint one representative to manage the real property acquired with the loan and shall also file a report on the representative. <Amended on Jan. 30, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER VI ESTABLISHMENT OF ORGANIZATIONS AND ASSISTANCE
| Article 55 (Legal Personality) |
| (1) | The Association for Persons Wounded in the May 18 Democratization Movement, the Association for the Bereaved Families of Persons of Distinguished Service to the May 18 Democratization Movement, and the Association for Persons of Distinguished Service to the May 18 Democratization Movement (hereinafter referred to as "each organization") shall be established to promote friendship among persons of distinguished service to the May 18 Democratization Movement and their bereaved families and improve the rights and interests of their members. |
| (2) | Each organization shall be a corporation. |
| (3) | Each organization shall be established at the time it registers such establishment at the location of its headquarters after preparing its articles of association subject to authorization by the Minister of Patriots and Veterans Affairs. |
| (3) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to each organization. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 55 moved to Article 84 <Jan. 5, 2021>]
| Article 56 (Articles of Association) |
| (1) | The articles of association of each organization shall specify the following: |
| 3. | Location of its office; |
| 4. | Matters regarding its business; |
| 5. | Matters regarding the acquisition and loss of its membership; |
| 6. | Matters regarding the rights and obligations of its members; |
| 7. | Matters regarding the general meeting and the board of directors; |
| 8. | Matters regarding the executive body and division of work; |
| 9. | Matters regarding its organizational structure, such as the headquarters, branches, and chapters; |
| 10. | Matters regarding membership fees, assets, and audit and inspection; |
| 11. | Matters regarding amendment of its articles of association. |
| 12. | Matters regarding its executive officers and employees; |
| 13. | Matters regarding dissolution; |
| 14. | Its rules and other matters necessary for operation. |
| (2) | When each organization intends to amend the articles of association, it shall obtain authorization from the Minister of Patriots and Veterans Affairs. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 56 moved to Article 85 <Jan. 5, 2021>]
A person who falls under any of the following may be a member of each organization:
| 1. | Members of the Association for Persons Wounded in the May 18 Democratization Movement: A person who falls under subparagraph 2 of Article 4; |
| 2. | Members of the Association for the Bereaved Families of Persons of Distinguished Service to the May 18 Democratization Movement: A person registered as the bereaved family of a person of distinguished service to the May 18 Democratization Movement pursuant to Article 7; |
| 3. | Members of the Association for Persons of Distinguished Service to the May 18 Democratization Movement: A person who falls under subparagraph 3 of Article 4. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 57 moved to Article 86 <Jan. 5, 2021>]
| Article 58 (Executive Officers) |
| (1) | The headquarters of each organization shall have the following executive officers: Provided, That the number of directors shall be stipulated by the articles of association: |
| 2. | Two vice-chairpersons; |
| (2) | Each organization shall have one secretary general. |
| (3) | The chairperson, vice chairpersons, directors, and auditors shall be elected at the general meeting. |
| (4) | The secretary general shall be appointed by the chairperson from among directors, subject to approval by the board of directors. |
| (5) | The chairperson shall represent the relevant organization and exercise general supervision over its affairs. |
| (6) | Vice chairpersons shall assist the chairperson, and where the chairperson is unable to perform his or her duties due to any unavoidable reason, vice chairpersons shall act on behalf the chairperson. |
| (7) | Auditors shall audit and inspect the accounting, and business affairs related thereto, of the relevant organization. |
| (8) | The secretary general shall conduct affairs of the relevant organization under the direction of the chairperson. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 58 moved to Article 87 <Jan. 5, 2021>]
| Article 59 (Board of Directors) |
| (1) | The board of directors shall consist of the chairperson, vice chairpersons, and directors: Provided, That the heads of branches may become members of the board of directors, as prescribed by the articles of association. |
| (2) | If the chairperson deems it significantly difficult to convene a general meeting due to a force majeure event or any other emergency, he or she may allow the board of directors to exercise the authority of the general meeting on behalf of him or her with approval by the Minister of Patriots and Veterans Affairs. In such cases, matters requiring resolution shall be subject to approval by a general meeting later convened. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 59 moved to Article 88 <Jan. 5, 2021>]
| Article 60 (General Meetings) |
| (1) | A general meeting shall consist of the chairperson, vice-chairpersons, the secretary general, directors, the heads of branches, and representatives. |
| (2) | The prescribed number, and methods of appointment, of representatives prescribed in paragraph (1), minutes of general meetings, and other matters shall be stipulated by the articles of association. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 60 moved to Article 89 <Jan. 5, 2021>]
| Article 61 (Organization) |
| (1) | Each organization may have headquarters, branches, and sub-branches. |
| (2) | The headquarters of each organization shall be established in Gwangju Metropolitan City; its branches in Seoul Special Metropolitan City, Metropolitan Cities, Dos, the Special Self-Governing Province, and the Special Self-Governing City; and its sub-branches in Sis (including administrative Sis; hereinafter the same shall apply)/Guns/Gus (Gus refer to autonomous Gus; hereinafter the same shall apply). |
| (3) | When the Minister of Patriots and Veterans Affairs deems it necessary in consideration of the number of members, geographical conditions, etc., he or she may request one branch or sub-branch to be established by integrating adjacent Dos or Sis/Guns/Gus. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 61 moved to Article 90 <Jan. 5, 2021>]
| Article 62 (Heads of Branches) |
| (1) | A branch or chapter of each organization shall have one head of the branch or sub-branch, and the method of appointment thereof shall be stipulated by the articles of association. |
| (2) | Neither the head of a branch nor the head of a sub-branch under paragraph (1) shall hold concurrent office as a representative. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 62 moved to Article 91 <Jan. 5, 2021>]
| Article 63 (Prohibition of Political Activities) |
| (1) | Each organization shall not be allowed to support or oppose the party platforms of specific political parties or candidates for public office or to engage in any other political activities. |
| (2) | An executive officer of each organization and the head of its branch or sub-branch shall not serve as a representative, executive officer, or accounting manager of any political party under the Political Parties Act. |
| (3) | An executive officer of each organization or the head of its branch or sub-branch who violates paragraph (2) shall be dismissed. |
[This Article Newly Inserted on Jan. 5, 2021]
| (1) | Each organization shall perform the following business: |
| 1. | Promoting friendship among persons of distinguished service to the May 18 Democratization Movement and their bereaved families through mutual aid; |
| 2. | Improving the welfare, and promoting the rights and interests, of persons of distinguished service to the May 18 Democratization Movement and their bereaved families; |
| 3. | Upholding the honor of persons of distinguished service to the May 18 Democratization Movement and conducting memorial projects for them; |
| 4. | Fostering the spirit of national defense and promoting patriotism; |
| 5. | Business incidental to the business provided in subparagraphs 1 through 4. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 64 moved to Article 92 <Jan. 5, 2021>]
| Article 65 (Profit-Making Business) |
| (1) | Each organization may directly conduct profit-making business within the extent necessary to accomplish the purpose of the business referred to in Article 64. |
| (2) | The State, a local government, or any other public organization (hereinafter referred to as "organization, etc.") may conclude a private contract with the Association for Persons Wounded in the May 18 Democratization Movement that conducts profit-making business under paragraph (1), in any of the following cases: |
| 1. | Where an organization, etc. purchases products directly produced by the Association for Persons Wounded in the May 18 Democratization Movement; |
| 2. | Where an organization, etc. directly sells or leases any goods to the Association for Persons Wounded in the May 18 Democratization Movement; |
| 3. | Where an organization, etc. enters into a service contract with the Association for Persons Wounded in the May 18 Democratic Movement. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 65 moved to Article 93 <Jan. 5, 2021>]
| Article 66 (Approval of Profit-Making Business) |
| (1) | Each organization that intends to conduct profit-making business pursuant to Article 65 (1) shall obtain approval of the relevant business from the Minister of Patriots and Veterans Affairs following deliberation or decision by the welfare services deliberation committee established under Article 70. The same shall also apply where it intends to change an approved important matter prescribed by Ordinance of the Prime Minister. |
| (2) | Where each organization which has obtained approval pursuant to the former part of paragraph (1) intends to change any matter prescribed by Ordinance of the Prime Minister among matters that are not approved important matters under the latter part of the same paragraph, it shall report the matter changed to the Minister of Patriots and Veterans Affairs. |
| (3) | Where all of the following requirements are met, the Minister of Patriots and Veterans Affairs may approve profit-making business: |
| 1. | A type of business and items shall be deemed suitable for each organization, in view of its financing capacity, capability to perform business, the scale of investment, the status of operating profit-making business, etc.; |
| 2. | Each organization shall directly operate profit-making business, such as by directly producing goods with facilities, human resources, etc. for profit-making business that meet standards or directly performing and providing service, etc., as prescribed by Ordinance of the Prime Minister; |
| 3. | Profits from profit-making business shall be used for the purpose of the establishment of each organization. |
| (4) | Where approval of profit-making business operated by each organization is revoked pursuant to Article 69 (1), the Minister of Patriots and Veterans Affairs shall not approve the relevant profit-making business for one year from the date of such revocation. |
| (5) | Matters necessary for approval or change of approved matters under paragraph (1), procedures for reporting under paragraph (2), detailed requirements necessary for approval under paragraph (3), etc. shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 66 moved to Article 94 <Jan. 5, 2021>]
| Article 67 (Prohibition of Lending Name) |
| (1) | Each organization shall not lend its name to other persons to allow them to engage in profit-making business. |
| (2) | No person other than each organization under this Act shall engage in profit-making business in the name of each organization. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 67 moved to Article 95 <Jan. 5, 2021>]
| Article 68 (Term of Validity of Approval) |
| (1) | Approval of profit-making business under Article 66 (1) shall be valid for up to three years from the date approval is obtained, and approval for change under the latter part of the same paragraph shall be valid for the remaining term of validity of original approval. |
| (2) | A person who intends to obtain an extension of the term of validity of approval under paragraph (1) shall file an application therefor with the Minister of Patriots and Veterans Affairs, as prescribed by Ordinance of the Prime Minister. |
| (3) | Upon receipt of an application for an extension of the term of validity of approval under paragraph (2), the Minister of Patriots and Veterans Affairs may extend such term by up to three years. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 68 moved to Article 96 <Jan. 5, 2021>]
| Article 69 (Revocation of Approval of Profit-Making Business) |
| (1) | Where each organization who has obtained approval of profit-making business pursuant to Article 66 (1) falls under any of the following, the Minister of Patriots and Veterans Affairs may revoke approval of the relevant profit-making business or issue an order to suspend such business for up to six months: Provided, That approval of the business shall be revoked in any case falling under subparagraph 1 or 4: |
| 1. | Where it has obtained approval of the profit-making business by fraud or other improper means; |
| 2. | Where it fails to operate the approved profit-making business for at least two years or discontinues the relevant profit-making business; |
| 3. | Where it violates the requirements referred to in Article 66 (3), such as failure to directly operate the approved profit-making business; |
| 4. | Where it lends its name to other persons to allow them to conduct profit-making business, in violation of Article 67 (1); |
| 5. | Where it refuses an audit under Article 73 (1) or an audit and inspection under Article 73 (4), or undergoes a false audit or audit and inspection; |
| 6. | Where it refuses, obstructs, or evades a fact-finding survey conducted under Article 74 (1); |
| 7. | Where it fails to take corrective measures under Article 79; |
| 8. | Where it refuses, obstructs, or evades an investigation or inspection conducted under Article 80 (1); |
| 9. | Where it refuses to submit a report or materials under Article 81, or submits a false report or materials; |
| 10. | Where it continues to operate profit-making business, in violation of an order to suspend such business; |
| 11. | Where it violates this Act or matters prescribed by Ordinance of the Prime Minister. |
| (2) | When the Minister of Patriots and Veterans Affairs revokes approval of profit-making business or issue an order to suspend such business pursuant to paragraph (1), he or she may allow each organization to continue performing its business affairs specified in the contract for the relevant profit-making business concluded before it is subject to such revocation or suspension. In such cases, each organization shall notify the other party to the relevant contract of the revocation and suspension and the details thereof within the period prescribed by Ordinance of the Prime Minister. |
| (3) | Matters necessary for detailed standards for administrative dispositions under paragraphs (1) and (2) and other matters shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 69 moved to Article 97 <Jan. 5, 2021>]
| Article 70 (Establishment of Welfare Services Deliberation Committee) |
| (1) | Each organization shall have a welfare services deliberation committee (hereinafter referred to as "deliberation committee") that deliberates on matters regarding the operation of profit-making business. |
| (2) | A deliberation committee shall deliberate and decide on the following matters: |
| 1. | Matters regarding the commencement, suspension, and discontinuation of profit-making business; |
| 2. | Matters regarding determinations on the scale of investment in profit-making business, etc.; |
| 3. | Matters regarding a plan to use profits or any change to such plan; |
| 4. | Matters regarding the results of an audit on profit-making business and the appropriateness of such business; |
| 5. | Other significant matters regarding the operation of profit-making business. |
| (3) | A deliberation committee shall consist of at least five but up to 10 members including one chairperson, and the following persons shall serve as its members: |
| 1. | Two executive officers or employees appointed by the chairperson of the relevant organization; |
| 2. | The following persons appointed or commissioned by the Minister of Patriots and Veterans Affairs. In such cases, a person falling under items (b) through (d) shall not be appointed or commissioned from among public officials belonging to the Ministry of Patriots and Veterans Affairs or persons belonging to the relevant organization: |
| (a) | One public official belonging to the Ministry of Patriots and Veterans Affairs; |
| (b) | At least one attorney-at-law; |
| (c) | At least one certified public accountant; |
| (d) | Other persons who have expertise and experience in profit-making business and are deemed necessary by the Minister of Patriots and Veterans Affairs. |
| (4) | The chairperson of a deliberation committee shall be elected among and by its members. |
| (5) | Where a deliberation committee deliberates and decides on the matters specified in paragraph (2) 1, it shall consider the profitability, growth potential, and stability of profit-making business and its impact on the market. |
| (6) | Each organization shall operate profit-making business following deliberation and decision by the deliberation committee on the matters specified in the subparagraphs of paragraph (2), and shall comply with the results of its deliberation and decision unless there is good reason: Provided, That where each organization has any objection to the results of the deliberation and decision, it may request a re-deliberation, as prescribed by Ordinance of the Prime Minister. |
| (7) | Except as provided in paragraphs (3) and (4), matters necessary for the composition of a deliberation committee shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 70 moved to Article 98 <Jan. 5, 2021>]
| Article 71 (Operation of Deliberation Committee) |
| (1) | The chairperson shall represent the deliberation committee and exercise general supervision over its affairs. |
| (2) | Where the chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated by the deliberation committee shall act on behalf the chairperson. |
| (3) | A majority of the members of a deliberation committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those members present. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the operation of a deliberation committee shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jan. 5, 2021]
[Previous Article 71 moved to Article 100 <Jan. 5, 2021>]
| Article 72 (Use of Profits) |
| (1) | Profits from profit-making business shall be used for the welfare of members of each organization, its operation, and the objectives of its establishment, but shall be preferentially used for welfare programs for its members. |
| (2) | Each organization shall submit a plan to use profits for the following year to the deliberation committee for deliberation not later than 30 days before the commencement of each fiscal year, and where it intends to amend the plan, it shall have such amendment deliberated on by the deliberation committee in advance. |
| (3) | Where a deliberation committee deems that a plan to use profits under paragraph (2) is not in conformity with the objectives of the use of profits under paragraph (1), it may present its opinion thereon. |
[This Article Newly Inserted on Jan. 5, 2021]
| (1) | Each organization shall undergo an audit conducted by an accounting corporation designated by the deliberation committee among accounting corporations under Article 23 of the Certified Public Accountant Act (hereafter in this Article referred to as "certified accounting agency") on any profit-making business in a scale not less than the scale prescribed by Ordinance of the Prime Minister, within three months after the end of each fiscal year. |
| (2) | A certified accounting agency shall conduct an audit under paragraph (1) for the period prescribed by Ordinance of the Prime Minister and submit the results thereof to each organization. In such cases, each organization shall submit the results of the audit to the deliberation committee within 15 days after the audit is completed. |
| (3) | A deliberation committee may present its opinion on the operation of profit-making business in consideration of the results of an audit conducted under paragraph (2). |
| (4) | The Minister of Patriots and Veterans Affairs shall require public officials under his or her control to conduct a regular audit and inspection every year with regard to profit-making business performed by each organization pursuant to Article 65 (1). |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 74 (Fact-Finding Surveys) |
| (1) | Where necessary for the sound operation of profit-making business, the Minister of Patriots and Veterans Affairs may conduct a survey of the actual conditions of the operation of each organization's profit-making business. |
| (2) | The Minister of Patriots and Veterans Affairs may request the head of a relevant administrative agency, a local government, or a public institution under the Act on the Management of Public Institutions (hereinafter referred to as "relevant administrative agency, etc.") to submit materials for a fact-finding survey conducted under paragraph (1). In such cases, the head of a relevant administrative agency, etc. in receipt of a request to submit materials shall comply therewith unless there is good cause. |
| (3) | Methods for a fact-finding survey under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 75 (Disclosure of Information) |
| (1) | In order to improve the transparency of the operation of each organization's profit-making business, the Minister of Patriots and Veterans Affairs shall disclose the following information on each organization on the website of the Ministry of Patriots and Veterans Affairs within 180 days after the end of each fiscal year, as prescribed by Ordinance of the Prime Minister: |
| 2. | Financial statements satisfying the standards for finance and accounting under Article 82; |
| 3. | Other matters prescribed by Ordinance of the Prime Minister, such as the current status of the operation of profit-making business. |
| (2) | Matters necessary for the details of information to be disclosed under paragraph (1), procedures for such disclosure, etc. shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jan. 5, 2021]
Where the Minister of Patriots and Veterans Affairs intends to revoke approval of profit-making business under Article 69 (1) or suspend such business, he or she shall hold a hearing. [This Article Newly Inserted on Jan. 5, 2021]
The State or local governments may provide subsidies, within the budget, to each organization to help its operation and other activities.
[This Article Newly Inserted on Jan. 5, 2021]
| Article 78 (Preferential Sale of State or Public Property) |
| (1) | If necessary for the operation and welfare programs of each organization, the State or a local government may sell State or public property preferentially to each organization, or may lease it such property or allow it to use or profit from the property with or without consideration, notwithstanding the State Property Act or the Public Property and Commodity Management Act. |
| (3) | Where the State or a local government sells State or public property preferentially to each organization, or leases it such property or allows it to use or profit from the property with or without compensation under paragraph (1), the Minister of Patriots and Veterans Affairs may request the head of a central administrative agency or local government related to the management and disposal of the relevant property (including a person to whom affairs concerning the management and disposal of State or public property are delegated or entrusted under statutes and regulations) to provide materials regarding the relevant contract such as the details and conditions thereof. In such cases, the head of an agency in receipt of a request for provision of materials shall comply therewith unless there is good reason. |
| (4) | Where each organization intends to dispose of State or public property purchased pursuant to paragraph (1) (referring to the transfer of ownership by sale, exchange, transfer, trust, or investment in kind), it shall report matters concerning the relevant contract, including the details and conditions of such disposal, to the Minister of Patriots and Veterans Affairs not later than 30 days before the date the contract is concluded, as prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 79 (Corrective Measures) |
Where each organization falls under any of the following, the Minister of Patriots and Veterans Affairs may order it to take corrective measures:
| 1. | Where it operates profit-making business, in violation of statutes or in a manner inconsistent with the purpose of its establishment; |
| 2. | Where it uses its profits not in accordance with its plan to use profits; |
| 3. | Where it violates any matter prescribed by this Act or Ordinance of the Prime Minister or its articles of association. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 80 (Investigation and Inspection by Administrative Authorities) |
| (1) | Where deemed necessary, the Minister of Patriots and Veterans Affairs may require relevant public officials to investigate matters regarding accounting of each organization or to inspect other necessary documents. |
| (2) | A public official that conducts an investigation or inspection under paragraph (1) shall carry identification indicating his or her authority and present it to relevant persons. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 81 (Demand for Submission of Reports or Materials) |
Where deemed necessary for the sound operation of each organization, the Minister of Patriots and Veterans Affairs may order the head of each organization to file a report or to submit related documents, books, or other reference materials, as prescribed by Ordinance of the Prime Minister.
[This Article Newly Inserted on Jan. 5, 2021]
| Article 82 (Accounting Rules) |
Each organization shall comply with the standards for finance and accounting prescribed by Ordinance of the Prime Minister with regard to budget, accounting, etc..
[This Article Newly Inserted on Jan. 5, 2021]
| Article 83 (Causes for Dissolution) |
Each organization shall be dissolved for any of the following causes:
| 1. | Occurrence of causes for dissolution specified by the articles of association; |
| 2. | A resolution for its dissolution adopted at its general meeting. |
[This Article Newly Inserted on Jan. 5, 2021]
CHAPTER VII OTHER ASSISTANCE
| Article 84 (Old-Age Assistance) |
An institution for senior citizens operated by the State may provide assistance to a person of distinguished service to the May 18 Democratization Movement or a bereaved family member of the person (excluding children), who has no person with the duty of maintaining and supporting such person or such bereaved family member (including where he or she has a person with the duty of maintaining and supporting him or her but the person lacks the ability to provide maintenance and support as prescribed by Presidential Decree), from among men of 65 years of age or older or women of 60 years of age or older (in cases of persons wounded in the May 18 Democratization Movement, referring to men of 60 years of age or older or women of 55 years of age or older). In such cases, the spouse of a person of distinguished service to the May 18 Democratization Movement 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 Mar. 21, 2012>
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 55 <Jan. 5, 2021>]
| Article 84-2 (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 the following persons, in consideration of the degree of a sacrifice or contribution of the person and the standard of living including the standard median income: |
| 1. | A person of distinguished service to the May 18 Democratization Movement; |
| 2. | The spouse of a person of distinguished service to the May 18 Democratization Movement; |
| 3. | Parents of a person of distinguished service to the May 18 Democratization Movement, among the bereaved family members of the person. |
| (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 12-3 through 12-5 shall apply mutatis mutandis to the procedure for filing an application for the payment of a subsidy, the procedure for ascertaining the applicant’s standard 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]
[Moved from Article 55-2 <Jan. 5, 2021>]
| Article 84-3 (Patriots and Veterans Home Care Service) |
| (1) | To ensure that persons of distinguished service to the May 18 Democratization Movement and their bereaved families or non-bereaved families can live a regular daily life, the Minister of Patriots and Veterans Affairs may provide patriots and veterans home care service to assist in 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 therefor with the Minister of Patriots and Veterans Affairs. |
| (3) | Detailed standards for selecting persons eligible for the 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]
[Moved from Article 55-3 <Jan. 5, 2021>]
| Article 85 (Child-Rearing Assistance) |
A child-rearing facility operated by the State may provide assistance to a minor child or minor younger sibling of a person of distinguished service to the May 18 Democratization Movement, who has no person with the duty of maintaining and supporting such person (including where he or she has a person with the duty of maintaining and supporting 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 the duty of maintaining and supporting the person is receiving old-age assistance: 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, or is admitted into 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 by the time he or she graduates from the relevant school. <Amended on May 29, 2016>
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 56 <Jan. 5, 2021>]
| Article 86 (Entrustment of Old-Age Assistance) |
| (1) | If deemed necessary in providing old-age assistance or child-rearing assistance, the Minister of Patriots and Veterans Affairs may entrust such assistance to social welfare facilities, including senior citizens' welfare facilities and child welfare facilities. |
| (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]
[Moved from Article 57 <Jan. 5, 2021>]
| Article 87 (Assistance in Use of Transportation Facilities) |
| (1) | A person wounded in the May 18 Democratization Movement and a person who uses transportation facilities in direct protection of such person may be granted the exemption from, or a discount on, fees for using transportation facilities operated by the State, local governments, or public institutions specified by Presidential Decree, as prescribed by Presidential Decree. |
| (2) | The State may pay 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]
[Moved from Article 58 <Jan. 5, 2021>]
| Article 88 (Assistance in Admission to Ancient Palaces) |
Persons of distinguished service to the May 18 Democratization Movement and their bereaved families or non-bereaved families 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.
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 59 <Jan. 5, 2021>]
| Article 89 (Preferential Supply of Housing) |
| (1) | The State or a local government may preferentially supply housing 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 persons eligible for loans under Article 40 from among persons of distinguished service to the May 18 Democratization Movement and their bereaved families, as prescribed by Presidential Decree, in consideration of homeless periods, the standard of living, etc. <Amended on Oct. 31, 2017> |
| (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 eligible for loans under Article 40, from among persons of distinguished service to the May 18 Democratization Movement and their bereaved families. <Newly Inserted on Oct. 31, 2017> |
| (3) | A person who intends to be supplied with housing pursuant to paragraph (1) or (2) shall file an application therefor with the Minister of Patriots and Veterans Affairs. In such cases, Articles 12-3 through 12-5 shall apply mutatis mutandis to the procedure for filing an application for the supply of housing, the procedure for ascertaining the applicant’s standard of living, etc. <Amended on Oct. 31, 2017> |
[This Article Wholly Amended on Dec. 22, 2015]
[Moved from Article 60 <Jan. 5, 2021>]
| Article 90 (Promotion of Commemorative or Memorial Projects) |
| (1) | The State and local governments shall develop and efficiently promote systematic policies on commemorative or memorial projects in order to honor, inherit, and develop the democratic ideas of persons of distinguished service to the May 18 Democratization Movement. |
| (2) | The State and local governments may promote commemorative or memorial projects under paragraph (1) jointly with a public institution, a private organization, etc. or may implement the project by entrusting it to such institution, etc. In such cases, such projects may be subsidized within the budget. |
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 61 <Jan. 5, 2021>]
| Article 91 (Special Cases concerning Installation of Facilities) |
| (2) | Matters necessary for the installation, establishment, etc. of facilities related to the May 18 Democratization Movement shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 62 <Jan. 5, 2021>]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 92 (Recovery of Learning Subsidies) |
| (1) | If a person who has received honorable treatment pursuant to this Act falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall recover learning subsidies (including tuition fees, etc. subsidized under Articles 16 and 16-2), vocational rehabilitation training expenses or vocational skills development training expenses under Article 30, subsidies or aids for ability development under Article 31, expenses for medical assistance under Article 34, subsidies under Article 48, and subsidies for medical care assistance under Article 84-2 that the person has received: <Amended on Jan. 30, 2009; Dec. 22, 2015; Jan. 5, 2021> |
| 1. | Where the person has received honorable treatment by fraud or other improper means; |
| 2. | Where the ground for receiving honorable treatment ceases to exist retroactively after the person has received such treatment; |
| 3. | Where payments are made by mistake. |
| (2) | In cases of recovery under paragraph (1), if a person liable to return learning subsidies, etc. fails to do so within a prescribed period, the Minister of Patriots and Veterans Affairs may collect them in the same manner as delinquent national taxes are collected. <Amended on Jan. 30, 2009> |
| (3) | Where the Minister of Patriots and Veterans Affairs recovers or collects learning subsidies, etc. pursuant to paragraph (1) or (2), he or she may take a disposition on deficits when he or she deems it impracticable 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. <Amended on Jan. 30, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 64 <Jan. 5, 2021>]
| Article 93 (Exemption from Obligation to Return) |
| (1) | Where a person who has received honorable treatment pursuant to this Act falls under Article 92 (1) 2, if the cause for receiving such treatment is not attributable to the person, the Minister of Patriots and Veterans Affairs may not recover learning subsidies, etc. that the person has received, notwithstanding Article 64. <Amended on Jan. 30, 2009; Jan. 5, 2021> |
| (2) | Where recovery is not made under paragraph (1), the scope thereof shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 65 <Jan. 5, 2021>]
| Article 94 (Suspension of Honorable Treatment) |
| (1) | Where a person of distinguished service to the May 18 Democratization Movement violates this Act or an order issued under this Act or commits an act damaging dignity prescribed by Presidential Decree, the Minister of Patriots and Veterans Affairs may suspend all or part of honorable treatment for which the person is otherwise eligible under this Act and other Acts, for a specified period of up to three years, following deliberation and resolution by the Board of Patriots and Veterans Entitlement. |
| (2) | Where a person of distinguished service to the May 18 Democratization Movement 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 honorable treatment to the person during the period of the punishment sentenced from the month following the month in which such sentence becomes final and conclusive. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 66 <Jan. 5, 2021>]
| Article 95 (Exclusion from Persons Subject to This Act) |
| (1) | If a person of distinguished service to the May 18 Democratization Movement 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 persons subject to this Act and shall not provide any honorable treatment for which the person and his or her bereaved family or non-bereaved family are otherwise eligible under this Act and other Acts: <Amended on Apr. 15, 2010; Dec. 18, 2012; Apr. 5, 2013; Dec. 22, 2015; Jan. 6, 2016; Oct. 31, 2017; Mar. 13, 2018> |
| 1. | A person in whose case his or her imprisonment without labor or a heavier punishment declared by a court, in a violation of the National Security Act, becomes final and conclusive; |
| 3. | 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 Articles 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 Articles 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, and 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; |
| (b) | A crime specified in Articles 2 (1), 3 (3), and 6 (limited to attempted crimes under Articles 2 (1) and 3 (3)) of the Punishment of Violences Act before amended by Act No. 13718; |
| (c) | A crime specified in Articles 5, 5-2, 5-4, and 5-5 of the Act on the Aggravated Punishment of Specific Crimes; |
| (d) | A crime specified in Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes; |
| (e) | A crime specified in Articles 3 through 10, and 15 (limited to attempted crimes under Articles 3 through 9) of the Act on Special Cases concerning the Punishment of Sexual Crimes; |
| 5. | A person who habitually commits an act damaging dignity prescribed by Presidential Decree. |
| (2) | If a bereaved family member or non-bereaved family member of a person of distinguished service to the May 18 Democratization Movement, 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 the family member from persons subject to this Act and shall not provide any honorable treatment for which he or she is otherwise eligible. <Amended on Dec. 22, 2015> |
| (3) | If a person excluded from persons subject to this Act pursuant to paragraph (1) 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 honorable treatment to him or her, upon receiving an application for registration under Article 7, only where he or she is deemed to have remorse in a significant manner: Provided, That this shall not apply to cases falling under paragraph (1) 2: <Amended on Jan. 30, 2009; May 29, 2016> |
| 1. | Where three years have passed since his or 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; <Jan. 30, 2009> |
| 3. | In cases other than subparagraph 1, where two years have passed since he or she was excluded from the category of persons subject to this Act. |
| (4) | When the Minister of Patriots and Veterans Affairs excludes a person of distinguished service to the May 18 Democratization Movement from persons subject to this Act, on any ground falling under paragraph (1) 1 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 deliberation and resolution by the Board of Patriots and Veterans Entitlement. <Amended on Dec. 22, 2015; May 29, 2016> |
| (5) | Where the Minister of Patriots and Veterans Affairs intends to suspend honorable treatment pursuant to Article 94 (2) or to exclude a person from persons subject to this Act pursuant to paragraph (1) or (2), he or she may request the heads of relevant agencies to provide criminal history records or information on admission to correctional institutions of the relevant person. <Amended on Oct. 31, 2017; Jan. 5, 2021> |
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 67 <Jan. 5, 2021>]
| Article 95-2 (Request for Provision of Materials) |
| (1) | In order 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, materials concerning military service, materials concerning national and local taxes, materials concerning income and property, materials concerning 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: <Amended on Jan. 5, 2021> |
| 1. | Registering persons of distinguished service to the May 18 Democratization Movement and their bereaved families or non-bereaved families under Article 7; |
| 2. | Affairs relating to the reporting of changes in persons of distinguished service to the May 18 Democratization Movement and their bereaved families or non-bereaved families under Article 8; |
| 3. | Conducting an inspection to verify eligibility for educational assistance under Article 12-4 (1); |
| 4. | Subsidizing tuition fees, etc. for private universities or colleges, etc. under Article 16 (3); |
| 5. | Verifying the actual state of employment or hiring by institutions providing employment assistance under Articles 24 (2) and 24-3 (2); |
| 7. | Furnishing security and preserving claims under Article 49 (3), (5), and (6); |
| 8. | Affairs relating to succession to loans under Article 54; |
| 10. | Supplying housing preferentially under Article 89; |
| 11. | Recovering learning subsidies, etc. and taking a disposition on deficits under Article 92; |
| 12. | Suspending honorable treatment under Article 94; |
| 13. | Excluding persons from those subject to this Act under Article 95. |
| (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 detailed scope of materials or information which may be requested under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 31, 2017]
[Moved from Article 67-2 <Jan. 5, 2021>]
| Article 96 (Restrictions on Formation of Organizations Supporting Persons of Distinguished Service to May 18 Democratization Movement) |
| (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 the May 18 Democratization Movement or their bereaved families or non-bereaved families. |
| (2) | No organization shall use, in its name, the term “person of distinguished service to the May 18 Democratization Movement” 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]
[Moved from Article 68 <Jan. 5, 2021>]
| Article 97 (Delegation and Entrustment) |
| (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 learning subsidies, etc. and affairs relating to the performance of loan services to postal offices or banks under Article 2 (1) 2 of the Banking Act, as prescribed by Presidential Decree. <Amended on Jan. 30, 2009; May 17, 2010> |
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 69 <Jan. 5, 2021>]
CHAPTER IX PENALTY PROVISIONS
| Article 98 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Dec. 22, 2015; Oct. 31, 2017; Jan. 5, 2021> |
| 1. | A person who receives honorable treatment under this Act, or causes any other person to receive such treatment, by fraud or other improper means; |
| 2. | A person who uses, provides, or divulges financial information, etc., in violation of Article 12-5 (6) (including cases to which the aforesaid paragraph shall apply mutatis mutandis, in the latter part of Article 84-2 (2) and the latter part of Article 89 (3)); |
| 3. | A person who retrieves, uses, provides, or divulges materials or information, in violation of Article 95-2 (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 96 (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; Jan. 5, 2021> |
| (4) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding one million won: <Newly Inserted on Jan. 5, 2021> |
| 1. | A person who obtains approval of profit-making business or allows other persons to obtain such approval under Article 66 (1) by fraud or other improper means; |
| 2. | A person who lends the name of each organization to other persons to allow them to engage in profit-making business in violation of Article 67 (1) or who engages in profit-making business under the name of each organization in violation of paragraph 2 of the same Article. |
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 70 <Jan. 5, 2021>]
| Article 99 (Joint Penalty Provisions) |
If the representative of each organization or an agent, employee of, or any other person employed by each organization or an individual commits an offense under Article 98 in conducting the business affairs of each organization or the individual, not only shall the offender be punished but each organization or the individual shall be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply where each organization or the individual has not been negligent in giving due attention and supervision in connection with the relevant business affairs to prevent such offense. [This Article Newly Inserted on Jan. 5, 2021]
| Article 100 (Administrative Fines) |
| (1) | Any person who fails to comply with an order for employment issued under Article 25 (3) without good cause shall be subject to an administrative fine of not more than ten million won. <Amended on Jan. 30, 2009; Jun. 12, 2018> |
| (2) | Any of the following persons shall be subject to an administrative fine of not more than five million won: <Newly Inserted on Jan. 5, 2021> |
| 1. | A person who operates profit-making business that is not approved, in violation of Article 66 (1); |
| 2. | A person who refuses an audit under Article 73 (1) or an audit and inspection under paragraph (4) of the same Article, or undergoes a false audit or audit and inspection; |
| 3. | A person who refuses, obstructs, or evades a fact-finding survey referred to in Article 74 (1) or an investigation or inspection referred to in Article 80 (1); |
| 4. | A person who fails to report or falsely reports matters regarding State or public property under Article 78 (4); |
| 5. | A person who handles accounting, in violation of the standards for finance and accounting pursuant to Article 82. |
| (3) | Any of the following persons shall be subject to an administrative fine of not more than three million won: <Amended on Dec. 22, 2015; Jan. 5, 2021> |
| 1. | A person who fails to file a report or files a false report, under Article 24-3 (1); |
| 2. | A person who fails to comply with a request for explanation or makes a false statement, under Article 24-3 (2), or a person who refuses, obstructs, or evades the submission of materials; |
| 3. | A person who fails to comply with a request for rectification under Article 28 (2); |
| 4. | A person who fails to submit a report or materials, or submits a false report or materials, in violation of Article 81; |
| 5. | A person who uses the name of each organization or any term likely to be misunderstood as the name of each organization, in violation of Article 96 (2); |
| (4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. <Newly Inserted on Jan. 30, 2009; Jan. 5, 2021> |
[This Article Wholly Amended on Mar. 28, 2008]
[Moved from Article 71 <Jan. 5, 2021>]
ADDENDUM <Act No. 6650, Jan. 26, 2002>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7105, Jan. 20, 2004>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation but shall begin to apply from January 1, 2004. |
| (2) | (Applicability to Additional Scores in Employment Examination) The amended provisions of Article 22 shall begin to apply from the first employment examination publicly announced and conducted after this Act enters into force. |
| (3) | (Transitional Measures concerning Change of Names) The Gwangju Democratization Movement, a person of distinguished service to the Gwangju Democratization Movement, a person killed in the Gwangju Democratization Movement, a person wounded in the Gwangju Democratization Movement, and a victim of the Gwangju Democratization Movement under the former provisions as at the time this Act enters into force, shall be deemed the May 18 Democratization Movement, a person of distinguished service to the May 18 Democratization Movement, a person killed in the May 18 Democratization Movement, a person wounded in the May 18 Democratization Movement, and a victim of the May 18 Democratization Movement, respectively, under this Act. |
| (4) | (Relationship to Other Statutes and Regulations) Where any other statute or regulation cites the former Act on the Honorable Treatment of Persons of Distinguished Service to the Gwangju Democratization Movement or any provision thereof as at the time this Act enters into force, if any provisions corresponding thereto exist in this Act, it shall be deemed to have cited this Act or the relevant provisions of this Act in lieu of the former provisions thereof. |
ADDENDA <Act No. 7476, Mar. 31, 2005>
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. 7647, 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 20 (2) shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Employment Examination) The amended provisions of Article 22 (3) shall begin to apply from the first employment examination publicly announced and conducted 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. 7656, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7874, Mar. 3, 2006>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Exclusion from Application of This Act) The amended provisions of Article 67 (2) shall begin to apply from the time when the first bereaved family member or non-bereaved family member of a person of distinguished service to the May 18 Democratization Movement who files an application for registration under Article 7 (1) or files a report under Article 8 after this Act enters into force. |
ADDENDA <Act No. 8227, Jan. 3, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 13, 16, 31, and 69 shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Exemption from and Subsidization of Tuition Fees) The amended provisions of Article 16 (2) and (4) shall begin to apply from the first person who files an application for registration as a person of distinguished service to the May 18 Democratization Movement, etc. after this Act enters into force. |
ADDENDA <Act No. 8326, 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 22 (1) and (2) shall begin to apply from an examination conducted after this Act enters into force. |
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 and 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: Provided, That, among Acts amended pursuant to Article 6 of the Addenda, the amendments to any Act, which was promulgated before this Act enters into force and the enforcement date of which has not yet arrived, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9082, Mar. 28, 2008>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Suspension of Honorable Treatment) The amended provisions of Article 66 (2) shall begin to apply from the first person who is sentenced to imprisonment without labor or a heavier punishment after this Act enters into force. |
| (3) | (Transitional Measures concerning Scope of Bereaved Family Members) Notwithstanding the amended provisions of Article 5 (1), (5), and (6), the former provisions shall apply to grandparents and minor younger siblings who were registered as bereaved families or non-bereaved families pursuant to the former provisions as at the time this Act enters into force. |
ADDENDA <Act No. 9393, Jan. 30, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 20 (2), 22 (3), 25, 26 (2), 31 (1), 71, and 72 shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Employment Examination) The amended provisions of Article 22 (3) shall begin to apply from the first examination publicly announced and conducted after this Act enters into force. |
| (3) | (Transitional Measures concerning Administrative Fines) The former provisions shall apply to the imposition of administrative fines for acts committed before this Act enters into force. |
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 and 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. 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.
ADDENDUM <Act No. 11417, Mar. 21, 2012>
This Act shall enter into force on the date of its promulgation.
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. 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 date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
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. 12385, 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 in technical service, etc., who was specially employed pursuant to the former provisions and is in office as at the time this Act enters into force, falls under a public official in general service, etc. under the amended provisions of Article 23 (1), he or she shall be deemed a public official in general service, etc. specially employed pursuant to this Act.
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. 13611, 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 Upper Age Limit Eligible for Educational Assistance)
The amended provisions of Article 12 (2) shall begin to apply from the first person who is registered as a person of distinguished service to the May 18 Democratization Movement or the bereaved family member or non-bereaved family member of the person, by filing an application for registration after this Act enters into force. Article 3 (Applicability to Educational Assistance in Consideration of Standard of Living)
The amended provisions of Article 12 (3) 2 shall begin to apply from the first person who is registered as a person wounded in the May 18 Democratization Movement or the bereaved family member or non-bereaved family member of the person, by filing an application for registration after this Act enters into force. Article 4 (Applicability to Restrictions on Employment Assistance)
The amended provisions of Article 26 (2) shall begin to apply from the first person who is specially employed as a public official in general service, etc. after this Act enters into force. Article 5 (Applicability to Partial Bearing of Expenses for Medical Treatment)
The amended provisions of Article 34 (4) shall begin to apply from the first person who is registered as a person wounded in the May 18 Democratization Movement, by filing an application for registration after this Act enters into force. Article 6 (Applicability to Suspension of Honorable Treatment)
The amended provisions of Article 66 (2) shall begin to apply from the first case where a person of distinguished service to the May 18 Democratization Movement is sentenced to imprisonment without labor or a heavier punishment for an act committed after this Act enters into force, and where such sentence becomes final and conclusive. Article 7 (Applicability to Exclusion from Persons Subject to This Act)
| (1) | The amended provisions of Article 67 (1) 3 shall begin to apply from the first case where a person of distinguished service to the May 18 Democratization Movement is sentenced to imprisonment without labor for at least one year or a heavier punishment for an act committed after this Act enters into force, and where such sentence becomes final and conclusive. |
| (2) | The amended provisions of Article 67 (1) 4 shall begin to apply from the first case where a person of distinguished service to the May 18 Democratization Movement is sentenced to imprisonment without labor for at least one year or a heavier punishment for an act committed after this Act enters into force, and such sentence becomes final and conclusive. |
| (3) | The amended provisions of Article 67 (2) shall begin to apply from the first case where the bereaved family member or non-bereaved family member of a person of distinguished service to the May 18 Democratization Movement falls under any subparagraph of paragraph (1) of the same Article for an act committed after this Act enters into force (excluding cases of falling under Article 67 (1) 3 by committing a crime specified in Article 250, 252, or 253 of the Criminal Act). |
Article 8 (Transitional Measures concerning Persons Eligible for Employment Assistance)
Notwithstanding the amended provisions of Article 20, the former provisions shall apply to the scope of persons eligible for employment assistance and the number of occasions of employment assistance to such persons, from among persons who were registered as persons of distinguished service to the May 18 Democratization Movement or their bereaved families or non-bereaved families pursuant to the former provisions as at the time this Act enters into force. Article 9 (Transitional Measures concerning Additional Scores in Employment Examination)
Notwithstanding the amended provisions of Article 22 (1), the former provisions shall apply to additional scores, etc. in an employment examination awarded to persons who were registered as persons of distinguished service to the May 18 Democratization Movement or their bereaved families or non-bereaved families pursuant to the former provisions as at the time this Act enters into force. Article 10 (Transitional Measures concerning Special Employment of Veterans)
Notwithstanding the amended provisions of Article 25 (1) 1 and 2 and paragraph (5) of the same Article, the former provisions shall apply to the scope in which multiple persons need not be recommended to enterprises, etc. and to the maximum number of persons eligible for employment assistance per household, in relation to the special employment of persons who were registered as persons of distinguished service to the May 18 Democratization Movement or their bereaved families or non-bereaved families pursuant to the former provisions as at the time this Act enters into force. Article 11 (Transitional Measures concerning Reduction of or Exemption from Expenses for Medical Treatment at Veterans Hospitals)
Notwithstanding the amended provisions of Article 34 (5), the former Article 34 (4) shall apply to the reduction of or exemption from expenses for medical treatment at a veterans hospital for persons who were registered as persons of distinguished service to the May 18 Democratization Movement or their bereaved families or non-bereaved families pursuant to the former provisions as at the time this Act enters into force. Article 12 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.
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.
ADDENDUM <Act No. 14251, May 29, 2016>
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. 15026, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 67 (1) 3 (b) shall enter into force on the date of its promulgation. Article 2 (Effective Period)
The amended provisions of Article 29-2 (4) shall be effective by December 31, 2022. Article 3 (Applicability to Exclusion from Persons Subject to This Act)
The amended provisions of Article 67 (1) 3 (b) shall also apply to a person of distinguished service to the May 18 Democratization Movement who was registered under Article 7 before the same amended provisions enter into force.
ADDENDA <Act No. 15473, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Exclusion from Persons Subject to This Act)
The amended provisions of Article 67 (1) 3 (a) shall begin to apply from the first case where a person of distinguished service to the May 18 Democratization Movement is sentenced to imprisonment without labor for at least one year or a heavier punishment for an act committed after this Act enters into force, and where such sentence becomes final and conclusive.
ADDENDUM <Act No. 15700, Jun. 12, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16424, Apr. 30, 2019>
This Act shall enter into force on the date of its promulgation.
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. 17883, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Preparatory Committee for Establishment)
| (1) | In order to handle affairs regarding the dissolution of the Association for Persons Wounded in the May 18 Democratization Movement as an incorporated association, the Association for the Bereaved Families of Persons of Distinguished Service to the May 18 Democratization Movement as an incorporated association, and the Association for Persons Detained and Wounded in the May 18 Democratization Movement as an incorporated association established under Article 32 of the Civil Act before this Act enters into force (hereinafter referred to as the “former corporation”) and the establishment of the Association for Persons Wounded in the May 18 Democratization Movement, the Association for the Bereaved Families of Persons of Distinguished Service to the May 18 Democratization Movement, and the Association for Persons of Distinguished Service to the May 18 Democratization Movement under Article 55 (1) (hereinafter referred to as the “new corporation”), the Minister of Patriots and Veterans Affairs shall establish a Preparatory Committee for the Establishment of the new corporation (hereinafter referred to as the “Preparatory Committee for Establishment”) within one month from the date of the promulgation of this Act. |
| (2) | The Preparatory Committee for Establishment shall be comprised of at least 10 but up to 25 members who represent the members prescribed in the amended provisions of the subparagraphs of Article 57, including one chairperson, and shall obtain approval thereof from the Minister of Patriots and Veterans Affairs. In such cases, the Preparatory Committee for Establishment shall report the following matters to the Minister of Patriots and Veterans Affairs: |
| 1. | Purposes of its establishment; |
| 2. | Names and addresses of its members; |
| 3. | Address of its office; |
| 4. | Other necessary matters. |
| (3) | Notwithstanding the amended provisions of Articles 55 and 58, the Preparatory Committee for Establishment shall prepare the articles of association of the new corporation and elect its first executive officers, subject to approval by the Minister of Patriots and Veterans Affairs. |
| (4) | Upon receipt of approval from the Minister of Patriots and Veterans Affairs with respect to the articles of association and executive officers pursuant to paragraph (3), the Preparatory Committee for Establishment shall register the establishment without delay and transfer its affairs to the head of the new corporation. |
| (5) | The Preparatory Committee for Establishment or its members shall be deemed dissolved or dismissed when the transfer of its affairs under paragraph (4) is completed. |
| (6) | Expenses incurred in preparing the establishment of the new corporation shall be borne by the State. |
Article 3 (Special Cases concerning Dissolution and Liquidation of Corporation)
Notwithstanding the provisions of the Civil Act regarding the dissolution and liquidation of a corporation, the former corporation shall be deemed dissolved at the same time as the new corporation under this Act is established. Article 4 (Special Cases concerning Plan to Use Profits for the Year of 2021)
A plan to use profits for the year of 2021 under the amended provisions of Article 72 shall be submitted to the deliberation committee for deliberation without delay after this Act enters into force. Article 5 (Applicability to Audit on Profit-Making Business)
The amended provisions of Article 73 regarding audit shall begin to apply to audits on the operation of profit-making business for the year of 2021. Article 6 (Transitional Measures concerning Succession to Property, Rights, and Obligations of Corporation)
| (1) | The new corporation under this Act shall comprehensively succeed to the property, rights, and obligations of the former corporation. |
| (2) | The name of the former corporation indicated in the register concerning the property, rights, and obligations comprehensively succeeded to by the new corporation pursuant to paragraph (1) or in other official books shall be deemed the name of the new corporation under this Act. |
| (3) | The value of the property succeeded to by the new corporation pursuant to paragraph (1) shall be the book value as at the date preceding the date the establishment of the new corporation is registered. |
| (4) | Acts done by the former corporation in connection with the performance of the business affairs under this Act before this Act enters into force shall be deemed acts done by the new corporation, and acts done to the former corporation shall be deemed acts done to the new corporation. |
Article 7 (Transitional Measures concerning Approval of Profit-Making Business)
Profit-making business operated by the former corporation as at the time this Act enters into force (limited to profit-making business legally operated with approval by the State or a local government) shall be deemed profit-making business of the new corporation approved by the Minister of Patriots and Veterans pursuant to the amended provisions of Article 66. Article 8 Omitted.
Article 9 (Relationship to Other Statutes or Regulations)