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ENFORCEMENT DECREE OF THE ACT ON THE ELEVATION OF HONOR OF U.N. KOREAN WAR VETERANS

Presidential Decree No. 31038, Sep. 22, 2020

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on the Elevation of Honor of U.N. Korean War Veterans and matters necessary for the enforcement thereof.
 Article 2 (Formulation of Master Plans)
(1) Where the Minister of Patriots and Veterans Affairs intends to formulate a master plan (hereinafter referred to as "master plan") for the elevation of the honor of U.N. Korean War veterans and the promotion of friendship with U.N. Sending States pursuant to Article 6 (1) of the Act on the Elevation of Honor of U.N. Korean War veterans (hereinafter referred to as the “Act”), he or she shall prepare a draft of such master plan and notify the heads of relevant central administrative agencies thereof.
(2) Upon receipt of notification under paragraph (1), the head of the relevant central administrative agency shall submit his or her opinion within 20 days after such receipt.
(3) Where the Minister of Patriots and Veterans Affairs deems the opinions submitted pursuant to paragraph (2) reasonable, he or she shall reflect such opinions in formulating and finalizing a master plan and notify the head of the relevant central administrative agency, without delay, of such fact. In such cases, if necessary, the Minister may also notify the head of a relevant local government thereof.
(4) Where the Minister of Patriots and Veterans Affairs intends to modify a plan formulated and finalized pursuant to paragraph (3), paragraphs (1) through (3) shall apply mutatis mutandis to the procedures for modification.
 Article 3 (Formulation and Implementation of Implementation Plans)
(1) The Minister of Patriots and Veterans Affairs shall formulate an implementation plan under Article 7 (1) of the Act (hereinafter referred to as "implementation plan") by December 31 of the year preceding the year in which the implementation plan is implemented.
(2) An implementation plan shall include the following:
1. Direction-setting for implementing the policy for the relevant year;
2. A detailed implementation plan of the policy for the relevant year;
3. Expenses incurred in implementing the policy for the relevant year, and plans to raise funds therefor;
4. Performance results of the implementation plan for the previous year;
5. Other matters deemed necessary by the Minister of Patriots and Veterans Affairs to elevate the honor of U.N. Korean War veterans and to promote friendship with U.N. Sending States.
(3) Where the Minister of Patriots and Veterans Affairs formulates an implementation plan, he or she shall notify the heads of relevant central administrative agencies and the heads of relevant local governments of the details thereof. The same shall apply to modifications to implementation plans.
 Article 4 (Scope and Methods of Fact-Finding Surveys)
(1) The scope of fact-finding surveys under Article 8 (1) of the Act (hereafter in this Article referred to as "fact-finding surveys") shall be as follows:
1. Matters relating to U.N. Korean War veterans;
2. Matters regarding organizations related to U.N. Korean War veterans;
3. Matters regarding formulating and implementing a master plan and an implementation plan.
(2) Fact-finding surveys shall be conducted as follows:
1. Regular survey: A survey conducted every three years in order to formulate policies and a master plan for the elevation of the honor of U.N. War veterans and the promotion of friendship with U.N. Sending States;
2. Occasional survey: A survey occasionally conducted, whenever necessary, to efficiently formulate a master plan and an implementation plan.
(3) A fact-finding survey may be conducted by such methods as documentary survey, statistical survey, questionnaire, and field survey; and electronic means, such as information and communications networks and e-mails, may be utilized for an efficient fact-finding survey.
 Article 5 (U.N. War Memorial Facility Eligible for Support for Construction)
A U.N. war memorial facility under Article 11 (1) of the Act (hereinafter referred to as "U.N. war memorial facility") which is eligible for support for the construction costs, shall be any of the following facilities:
1. A memorial hall and an exhibition hall related to U.N.’s participation in the Korean War;
2. A monument, a cenotaph, a memorial stone, a memorial tower, a statue, and other sculpture or symbols installed to honor the merit of U.N. Korean War veterans and U.N.’s participation in the Korean War;
3. Facilities established for commemorating the battles or places related to U.N.’s participation in the Korean War;
4. Other facilities deemed necessary by the Minister of Patriots and Veterans Affairs, which are equivalent to the facilities specified in subparagraphs 1 through 3.
 Article 6 (Procedures for Supporting Construction of U.N. War Memorial Facilities)
(1) A domestic private organization, a U.N. Sending State, or a private organization of such country that intends to receive support for the construction of a U.N. war memorial facility pursuant to Article 11 (1) of the Act shall submit to the Minister of Patriots and Veterans Affairs a project plan for the construction of the UN War memorial facility determined by the Minister of Patriots and Veterans Affairs as follows:
1. Domestic private organizations: To submit project plans via the head of the Regional or District Office of Patriots and Veterans Affairs having jurisdiction over a prearranged area for construction of the U.N. war memorial facility;
2. U.N. Sending States or private organizations of such countries: To submit project plans via the head of the diplomatic mission abroad in the relevant country.
(2) The Minister of Patriots and Veterans Affairs shall determine whether to provide support necessary to construct the U.N. war memorial facility after reviewing the following matters with respect to the project plan submitted pursuant to paragraph (1):
1. Whether the facility falls into the category of U.N. war memorial facilities;
2. Whether the facility is representative as a U.N. war memorial facility, and the state of distribution by region;
3. The status of securing the site and cost necessary for constructing the U.N. war memorial facility;
4. Feasibility of the project for constructing the U.N. war memorial facility.
(3) Where the Minister of Patriots and Veterans Affairs deems it necessary to subsidize the construction of the U.N. war memorial facility pursuant to paragraph (2), he or she may fully or partially subsidize the cost, within budgetary limits.
(4)  Except as provided in paragraphs (1) through (3), matters necessary for constructing U.N. war memorial facilities shall be determined by the Minister of Patriots and Veterans Affairs.
 Article 7 (U.N. War Memorial Facilities Eligible for Subsidies for Management Expenses and Scope of Subsidies)
(1) A U.N. war memorial facility eligible for subsidization of management expenses under Article 11 (2) of the Act shall be any of the following U.N. war memorial facilities:
1. A U.N. war memorial facility constructed with support under Article 6;
2. A U.N. war memorial facility constructed by collection or fundraising from many unspecified persons, such as donations under the Act on Collection and Use of Donations;
3. A U.N. war memorial facility for which it is deemed, based on objective data, that a domestic private organization, a U.N. Sending State, or a private organization of such country is virtually unable to bear the management expenses.
(2) Management expenses that can be subsidized for U.N. war memorial facilities specified in the subparagraphs of paragraph (1) shall be as follows: Provided, That it shall be limited to the expenses specified in subparagraphs 1 and 2 in cases of U.N. Sending States or private organizations of such countries:
1. Expenses incurred in the repair of U.N. war memorial facilities and the installation of appurtenant facilities for the protection thereof;
2. Expenses incurred in installing signboards related to the U.N. war memorial facilities;
3. Other expenses deemed by the Minister of Patriots and Veterans Affairs as requiring support, such as expenses for restoration or clean-up due to the collapse or damage of U.N. war memorial facilities and their surrounding facilities, which are a big burden for the management of the relevant facilities.
 Article 8 (Procedures for Subsidizing Management Expenses of U.N. War Memorial Facilities)
(1) A domestic private organization, a U.N. Sending State, or a private organization of such country that intends to receive subsidies for part of the management expenses of a U.N. war memorial facility pursuant to Article 11 (2) of the Act shall submit to the Minister of Patriots and Veterans Affairs a project plan for managing the U.N. war memorial facility determined by the Minister as follows:
1. Domestic private organizations: To submit project plans via the head of the Regional or District Office of Patriots and Veterans Affairs having jurisdiction over the area where the relevant U.N. war memorial facilities are located;
2. U.N. Sending States or private organizations of such countries: To submit project plans via the head of the diplomatic mission abroad in the relevant country.
(2) The Minister of Patriots and Veterans Affairs shall determine whether to subsidize the management expenses of the U.N. war memorial facility after reviewing the project plan submitted pursuant to paragraph (1).
(3) Where the Minister of Patriots and Veterans Affairs deems it necessary to subsidize the management expenses of the U.N. war memorial facility pursuant to paragraph (2), he or she may fully or partially subsidize the expenses to be subsidized under paragraph (1) within budgetary limits.
(4) Notwithstanding paragraphs (1) through (3), where it is urgently necessary to subsidize the management expenses of the U.N. war memorial facilities in U.N. Sending States, and the management authority of such facilities does not exist or is unclear, the Minister of Patriots and Veterans Affairs may authorize the head of the diplomatic mission abroad in the relevant country to provide support by subsidizing the expenses incurred in the management of such facilities.
(5) Except as provided in paragraphs (1) through (4), matters necessary for subsidizing the management expenses of U.N. war memorial facilities shall be determined by the Minister of Patriots and Veterans Affairs.
ADDENDUM <Presidential Decree No. 31038, Sep. 22, 2020>
This Decree shall enter into force on September 25, 2020.