ACT ON HONORABLE TREATMENT OF WAR VETERANS AND ESTABLISHMENT OF RELATED ASSOCIATIONS
Wholly Amended by Act No. 6258, Jan. 28, 2000
Amended by Act No. 6590, Dec. 31, 2001
Act No. 6649, Jan. 26, 2002
Act No. 6922, May 29, 2003
Act No. 7485, Mar. 31, 2005
Act No. 7649, Jul. 29, 2005
Act No. 7873, Mar. 3, 2006
Act No. 8230, Jan. 3, 2007
Act No. 9079, Mar. 28, 2008
Act No. 9465, Feb. 6, 2009
Act No. 11205, Jan. 17, 2012
Act No. 11818, May 22, 2013
Act No. 11946, Jul. 26, 2013
Act No. 13198, Feb. 3, 2015
Act No. 13609, Dec. 22, 2015
Act No. 14260, May 29, 2016
Act No. 15033, Oct. 31, 2017
Act No. 15478, Mar. 13, 2018
Act No. 16429, Apr. 30, 2019
Act No. 17117, Mar. 24, 2020
Act No. 17119, Mar. 24, 2020
Act No. 18140, Apr. 20, 2021
Act No. 18235, jun. 8, 2021
Act No. 18441, Aug. 17, 2021
Act No. 19222, Jan. 17, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to upholding the honor of war veterans and cultivating the spirit of patriotism among the people by according appropriate honorable treatment and support to war veterans who have contributed, and devoted themselves, to the Republic of Korea.
[This Article Wholly Amended on Dec. 22, 2015]
The terms used in this Act are defined as follows:
| 1. | The term "Korean War" means battles prescribed in attached Table among the battles which occurred from June 25, 1950 through July 27, 1953 and the battles which occurred from August 15, 1948 through June 30, 1955; |
| 2. | The term "war veterans" means any of the following persons: Provided, That the foregoing shall not apply to persons sentenced to imprisonment or more severe punishment for a crime while participating in the Korean War or the Vietnam War, July 18, 1964 to March 23, 1973, who were dishonorably discharged or dismissed: |
| (a) | Military personnel who participated in the Korean War and were discharged from military service (including retirement or exemption from military service; hereinafter the same shall apply); |
| (c) | Police officers who participated in the Korean War and were retired from service; |
| (d) | Persons whom the Minister of National Defense deems to have participated in the Korean War (including young volunteers who participated in the Korean War without military obligations) or the Vietnam War; |
| (e) | Persons whom the Commissioner of the Korean National Police Agency deems to have participated in the Korean War under the direction and control of the head of a police office, such as the head of a police station. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 3 (Eligible Persons) |
Persons registered as war veterans pursuant to Article 5 shall receive honorable treatment under this Act. [This Article Wholly Amended on Dec. 22, 2015]
| Article 4 (Responsibilities of the State) |
The State and local governments shall implement the following programs to provide honorable treatment and support to war veterans:
| 1. | A program to uphold the honor of war veterans; |
| 2. | A program to inherit the patriotism of war veterans; |
| 3. | A program to promote the welfare of war veterans; |
| 4. | A program to promote friendship with the combatant nations in the Korean War. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 4-2 Deleted. <Mar. 24, 2020> |
| Article 4-3 (Day of Soldiers Dispatched Overseas) |
The State may designate the Day of Soldiers Dispatched Overseas; and hold events where the State deems it necessary to honor the sacrifices and contributions of soldiers dispatched overseas.
[This Article Newly Inserted on May 29, 2016]
| Article 5 (Registration and Reporting) |
| (1) | A war veteran who intends to be subject to this Act shall file an application for registration with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. |
| (2) | Upon receipt of an application for registration under paragraph (1), the Minister of Patriots and Veterans Affairs shall ascertain whether an applicant qualifies as a war veteran and determine whether he or she will register the applicant as a war veteran, as prescribed by Presidential Decree. |
| (3) | Among the following persons, a person objectively deemed to qualify under subparagraph 2 of Article 2 based upon a written application for the relevant registration, shall be deemed registered as a war veteran under this Act on the date he or she is registered: |
| (4) | The Minister of Patriots and Veterans Affairs shall immediately ascertain whether a person falling under paragraph (3) is a war veteran subject to this Act; and, where the person is a war veteran subject to this Act, the Minister of Patriots and Veterans Affairs shall notify the person that he or she has been registered as a war veteran pursuant to paragraph (3). |
| (5) | The Minister of Patriots and Veterans Affairs may record a person, who dies before registration under paragraphs (1) and (2) even though he or she was a war veteran under subparagraph 2 of Article 2, as a war veteran and accord honorary treatment to, and manage, him or her as a war veteran. <Newly Inserted on May 29, 2016> |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 5-2 (Reporting on Change in Personal Circumstances, etc.) |
| (1) | Where a war veteran registered pursuant to Article 5 falls under any of the following, the person, his or her family member, bereaved or not shall immediately report the fact to the Minister of Patriots and Veterans Affairs, as prescribed by Prime Ministerial Decree: <Amended on Dec. 22, 2015> |
| 1. | Where a foreign legal consultant is deceased; |
| 2. | Where he or she falls under Article 38 (2) or 39 (1); |
| 3. | Where he or she has lost Korean nationality; |
| 4. | Where he or she has been missing for at least one year; |
| 5. | Where he or she falls under subparagraph 4, in whose case the reason therefor ceases to exist; |
| 6. | Where his or her name, domicile, or the date of his or her birth has been changed; |
| 7. | Where his or her records pertaining to participation in the Korean War or the Vietnam War, or other military records have been revised or rectified. |
| (2) | Upon receipt of a report under paragraph (1), the Minister of Patriots and Veterans Affairs shall take any of the following measures, without delay; and shall inform a person who has filed the report of the details thereof and the ground therefor: <Amended on Dec. 22, 2015> |
| 1. | Cancellation of registration; |
| 2. | Payment of an unpaid wartime veterans pension or recovery of a paid wartime veterans pension; |
| 3. | Other measures prescribed by Prime Ministerial Decree. |
| (3) | In order to ascertain changes in personal circumstances under paragraph (1), the Minister of Patriots and Veterans Affairs may request necessary data from a war veteran, his or her family member, bereaved or not. In such cases, a person in receipt of a request to submit data shall comply therewith, except in extenuating circumstances. <Newly Inserted on Dec. 22, 2015> |
[This Article Newly Inserted on Jan. 26, 2012]
[Title Amended on Dec. 22, 2015]
CHAPTER II HONORABLE TREATMENT AND SUPPORT
| Article 6 (Wartime Veterans Pension) |
| (1) | The Minister of Patriots and Veterans Affairs shall pay the wartime veterans pension to war veterans over 65 years of age in order to uphold the honor of participation in the war: Provided, That where a person eligible for the wartime veterans pension (hereinafter referred to as "person eligible for pension") falls under any of the following, the Minister of Patriots and Veterans Affairs shall pay either the wartime veterans pension or the following veterans benefits or allowances, which the person eligible for pension selects: |
| 1. | Where the person who falls under Article 4 (1) 4, 6, 7 or 9 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, receives veteran's benefits referred to in Article 11 of that Act; |
| (2) | The wartime veterans pension shall be paid from the month to which the date a person attains the age eligible for the wartime veterans pension under paragraph (1) falls in the month the grounds provided in Article 5-2 (1) 1, 2 and 4 arise: Provided, That where the person applies for registration under Article 5 (1) past the age eligible for the wartime veterans pension, the wartime veterans pension shall be paid from the month the person applies for registration. |
| (3) | Even where a war veteran has lost Korean nationality, the wartime veterans pension may be paid to the war veteran. |
| (4) | The wartime veterans pension shall be paid by depositing into an account designated by a person eligible for pension (referring to an account at a post office under the Postal Savings and Insurance Act (hereinafter referred to as "post office") or at a bank under the Banking Act (hereinafter referred to as "bank"); hereinafter the same shall apply): Provided, That in extenuating circumstances prescribed by Presidential Decree, such as where the information and communications network malfunctions (referring to the information and communications network under Article 2 (2) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply), the wartime veterans pension may be paid in cash upon request by the person eligible for pension. |
| (5) | Where the person eligible for pension opens and designates a bank account in his or her name dedicated to wartime veterans pension payments, the wartime veterans pension to be paid pursuant to the main sentence of paragraph (4) shall be deposited into the bank account. |
| (7) | The wartime veterans pension shall be paid on a monthly basis, in an amount, etc. prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 6-2 (Protection of Entitlement) |
| (1) | No entitlement to the wartime veterans pension shall be transferred, seized; or pledged as collateral. |
| (2) | No person shall seize receivables regarding any amount not exceeding that prescribed by Presidential Decree among the monthly wartime veterans pension deposited pursuant to Article 6 (5) based upon standard median income (hereinafter referred to as "standard median income") under subparagraph 11 of Article 2 of the National Basic Living Security Act. |
| (3) | Notwithstanding paragraphs (1) and (2), where a wartime veterans pension, etc. is recovered pursuant to Article 36, the wartime veterans pension payments under Article 6 (1) may be seized. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 6-3 (Living Allowances) |
| (1) | Living allowances may be provided to veterans aged 80 and over in consideration of their standard of living, as prescribed by Presidential Decree. |
| (2) | If a person eligible for the living allowances under paragraph (1) falls under any of the following cases, either the living allowances under paragraph (1) or the cost of living allowances or living allowances stipulated in each of the following shall be paid at his or her choice: |
| (5) | Living allowances shall be paid on a monthly basis, and the amount, payment method, and other matters necessary for payment shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 17, 2021]
| Article 7 (Medical Support) |
| (1) | When a veteran of war receives medical treatment at a medical institution established and operated by the State or a local government (including a veterans hospital pursuant to Article 7 of the Korea Veterans Health Service Act; hereinafter the same shall apply), the medical expenses shall be reduced or exempted, as prescribed by Presidential Decree, within the range of expenses to be borne by the individual, and the reduced or exempted expenses shall be borne by the State. <Amended on Dec. 22, 2015; Apr. 20, 2021> |
| (2) | In any of the following cases, the State may entrust the treatment of veterans of war to a medical institution other than a medical institution established and operated by the State or a local government; in such cases, the medical expenses shall be reduced or exempted, as prescribed by Presidential Decree, within the range of expenses to be borne by the individual, and the reduced or exempted expenses shall be borne by the State: <Amended on Dec. 22, 2015; Apr. 20, 2021> |
| 1. | Where a veteran of war is 75 years of age or older; |
| (3) | Criteria for medical support, such as methods and procedures for providing medical treatment or subsidizing medical expenses, the scope and upper limit of medical treatment or medical subsidies under paragraphs (1) and (2), shall be prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Dec. 22, 2015> |
[Title Amended on Dec. 22, 2015]
| Article 8 (Support for Care of Senior Citizens) |
| (1) | A nursing facility established and operated by the State or a local government may provide support to a war veteran over 65 years of age who has no person obligated to support him or her (including where a person obligated to support him or her is incapable of providing support prescribed by Presidential Decree). |
| (2) | The State may entrust support for care of senior citizens under paragraph (1) to a nursing facility not established and operated by the State or a local government; and the State shall bear expenses incurred in providing such support. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 8-2 (Subsidizing Nursing Care) |
| (1) | The Minister of Patriots and Veterans Affairs may subsidize some expenses to be borne by a war veteran who receives benefits for home care services or domiciliary care services under Article 23 (1) 1 or 2 of the Long-Term Care Insurance Act to such veteran based upon the standard of living, such as standard median income. |
| (2) | Necessary matters, such as specific criteria for selecting persons eligible for subsidies under paragraph (1) and the amounts of subsidies to be paid, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 8-3 (Application for Payment of Subsidies for Nursing Care) |
| (1) | A person who intends to receive a subsidy for nursing care (hereinafter referred to as "person who wishes to receive a subsidy") pursuant to Article 8-2 shall file an application for the subsidy with the Minister of Patriots and Veterans Affairs. |
| (2) | Where a person who wishes to receive a subsidy files an application pursuant to paragraph (1), the person and a person obligated to support the person (referring to his or her spouse, parent, child and spouse of his or her child who has a duty to support him or her; hereafter in Articles 8-4 and 8-5, the same shall apply) shall submit a document giving consent to provide the following data or information: |
| (3) | Upon receipt of an application under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether he or she will pay a subsidy based on the findings of an inspection under Article 8-4. |
| (4) | Necessary matters regarding methods and procedures for filing applications for a subsidy for nursing care under paragraph (1); and methods, procedures, etc. for giving consent under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 8-4 (Inspection or Questioning) |
| (1) | In order to ascertain whether the entitlement to a subsidy for nursing care has arisen or been lost, the Minister of Patriots and Veterans Affairs may request a person who wishes to receive the subsidy, a recipient of the subsidy (referring to a war veteran who receives the subsidy for nursing care; hereinafter, the same shall apply) and a person obligated to support such person or recipient to submit necessary documents and other data regarding income, assets, etc.; and may require public officials under his or her jurisdiction to access the residence of the person who wishes to receive the subsidy, the recipient of the subsidy and the person obligated to support such person or recipient and other necessary places, to inspect documents, etc. or to ask the relevant persons necessary questions. |
| (2) | A person who enters a place to conduct an inspection or an inquiry under paragraph (1) shall carry identification verifying his or her authority and present it to relevant persons. |
| (3) | Where a person who wishes to receive a subsidy, a recipient of a subsidy or a person obligated to support such person or recipient refuses to submit documents or data; or refuses, interferes with or evades an inspection or question under paragraph (1), the Minister of Patriots and Veterans Affairs may reject an application for a subsidy for nursing care or suspend paying the subsidy for nursing care. |
| (4) | Necessary matters concerning the scope, timing, and details of the inspection and inquiry under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 8-5 (Provision of Financial Information) |
| (5) | Providing financial information or such under paragraphs (1) through (3) shall be requested and done through the information and communication network: Provided, That the foregoing shall not apply to an exceptional situation, such as the failure of the information and communication network. |
| (6) | No person who engages or has engaged in affairs under paragraphs (1) and (2) shall use financial information, etc. he or she has obtained while conducting affairs for other than the purposes prescribed by this Act; or provide or divulge such financial information, etc. to other persons or institutions. |
| (7) | Matters necessary for requesting, providing, etc. financial information or such under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 8-6 (Patriots and Veterans Home-Care Welfare Services) |
| (1) | The Minister of Patriots and Veterans Affairs may provide any of the following persons with patriots and veterans home-care welfare services which support them for household affairs, health management and emotional activities, etc. at home in order for them to live their daily lives smoothly: |
| (2) | Any person who intends to receive assistance in paragraph (1) shall file an application for assistance with the Minister of Patriots and Veterans Affairs. |
| (3) | The detailed standards for selecting the beneficiary of services and assistance in paragraph (1) shall be determined by the Minister of Patriots and Veterans Affairs. |
[This Article Newly Inserted on Apr. 30, 2019]
| Article 8-7 (Psychological Rehabilitation) |
| (1) | The Minister of Patriots and Veterans Affairs shall prepare policies for psychological rehabilitation services such as psychological counseling for the psychological stability and social adaptation of veterans of war, and carry out the business. |
| (2) | Matters necessary for the details, methods, etc. of support under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 9 (Burial at Cemetery) |
| (1) | The remains of a registered war veteran may be buried or lay in state in a cemetery created or to be created by the State or in a facility for which the State or a local has borne at least 50/100 of creation expenses (hereinafter referred to as "cemetery") as the person or his or her bereaved family member pleases: Provided, That the foregoing shall not apply to a person falling under Article 39 (1). <Amended on Jul. 29, 2005; May 22, 2013; Dec. 22, 2015> |
| (2) | Where the bereaved family member of a war veteran (excluding a person falling under the proviso to paragraph (1)) who dies before registration under Article 5, wishes, the war veteran’s remains may be buried or lay in state in the cemetery. <Amended on Dec. 22, 2015> |
| (3) | The spouse of a person buried or laid in state in the cemetery may be buried together with the person as the person or his or her bereaved family member wishes. <Amended on Dec. 22, 2015> |
| (4) | Where a war veteran is deceased, the Minister of Patriots and Veterans Affairs may pay a subsidy for his or her funeral or other subsidies within budgetary limits: Provided, That where his or her remains are buried or lay in state in a national cemetery or the cemetery, the Minister of Patriots and Veterans Affairs shall not pay a subsidy for his or her funeral. <Amended on Dec. 22, 2015> |
| (5) | Article 13 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to persons eligible to subsidies for funerals under paragraph (4) and the priority order of such persons. In such cases, where no bereaved family member exists under Article 13 of that Act, the Minister of Patriots and Veterans Affairs may pay such subsidy to an heir or heiress to property upon request by the relevant heir or heiress to property among relatives cohabitating when a war veteran dies, and where no person becomes an heir or heiress to property, the Minister of Patriots and Veterans Affairs may pay such subsidy to a person who holds his or her funeral. <Amended on Dec. 22, 2015> |
| (6) | Necessary matters regarding the scope of persons eligible for interment in the cemetery under paragraphs (1) through (3), the assignment of locations, methods and procedures for filing an application shall be prescribed by Prime Ministerial Decree. <Amended on Dec. 22, 2015> |
| (7) | Deleted. <Dec. 22, 2015> |
[Title Amended on Jan. 26, 2002; Jul. 29, 2005]
| Article 10 (Support for Using Old Palaces) |
The State or a local government may allow war veterans to use facilities, such as old palaces and parks, managed by the State or a local government free of charge or at reduced admission fees, as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 22, 2015]
| Article 11 (Time When Entitlement Begins) |
The entitlement to courtesy and support under this Act shall is created from the month in which an application for registration under Article 5 (1) and (3) is filed: Provided, where an application for living allowances under Article 6-3 or a subsidy under Article 8-3 (1) is filed, the entitlement to the support is created from the month in which the application is filed. <Amended on Aug. 17, 2021> [This Article Wholly Amended on Dec. 22, 2015]
| Article 12 (Funds for Programs) |
[This Article Wholly Amended on Dec. 22, 2015]
The State or a local government may pay subsidies to corporations that implement programs, etc. to uphold the honor of war veterans and to inherit the patriotism of war veterans, within budgetary limits. <Amended on Dec. 22, 2015>
[This Article Newly Inserted on May 29, 2003]
| Article 12-3 (Preferential Housing Supply) |
| (1) | The State or a local government may supply residential houses built by the State or the local government or built with financial assistance from the State or local government finance or the housing and urban fund under the Housing and Urban Fund Act preferentially to veterans discharged from long-term service in consideration of the non-homeownership period and standards of living, etc., as prescribed by Presidential Decree. |
| (2) | A project operator constructing and supplying privately constructed housing pursuant to Article 54 of the Housing Act may preferentially supply some of the whole units of the privately constructed and supplied housing to veterans discharged from long-term service. |
| (3) | A person who intends to be supplied with the housing under paragraph (1) or (2) shall apply to the Minister of Patriots and Veterans. In such cases, Articles 8-2 through 8-4 shall apply mutatis mutandis to application procedures for housing supply and procedures to ascertain the standards of living of the applicant. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 13 Deleted. <Dec. 31, 2009> |
| Article 14 Deleted. <Dec. 31, 2009> |
| Article 15 Deleted. <Dec. 31, 2009> |
| Article 16 Deleted. <Dec. 31, 2009> |
| Article 17 Deleted. <Dec. 22, 2015> |
CHAPTER III INCORPORATION AND SUPPORT OF ORGANIZATIONS
| Article 18 (Establishment of Korean War Veterans Association) |
| (1) | The Korean War Veterans Association (hereinafter referred to as the "Korean War Veterans Association") shall be established to promote friendship through mutual assistance among the Korean war veterans and to improve the rights and interests of the members thereof. |
| (2) | The Korean War Veterans Association shall be a corporation. |
| (3) | The Korean War Veterans Association shall be duly formed by completing registration for its establishment with the registry at the seat of its headquarters after obtaining approval of its articles of association from the Minister of Patriots and Veterans Affairs. |
| (4) | Except as otherwise expressly provided for in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the Korean War Veterans Association. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 18-2 (Establishment of Vietnam War Veterans Association of Republic of Korea) |
| (1) | The Vietnam War Veterans Association of the Republic of Korea (hereinafter referred to as the "Vietnam War Veterans Association") shall be established to promote friendship through mutual assistance among persons under subparagraph 2 (b) and (d) of Article 2 and to improve the rights and interests of the members thereof. <Amended on Dec. 22, 2015> |
| (2) | The Vietnam War Veterans Association shall be a corporation. |
| (3) | The Vietnam War Veterans Association shall be duly formed by completing registration for its establishment with the registry at the seat of its headquarters after obtaining approval of its articles of association from the Minister of Patriots and Veterans Affairs. |
| (4) | Articles 20 through 24, 24-2 through 24-13, 25 through 32, 32-2, 33, 34, and 42 shall apply mutatis mutandis to the organization, executives, and profit-making business of the Vietnam War Veterans Association. In such cases, the Korean War Veterans Association shall be construed as the Vietnam War Veterans Association. <Amended on Jun. 8, 2021> |
| (5) | Except as provided in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the Vietnam War Veterans Association. |
[This Article Newly Inserted on Jan. 17, 2012]
| Article 19 (Requirements for Membership) |
[This Article Wholly Amended on Jan. 17, 2012]
| Article 20 (Changes to Organization) |
| (1) | The Korean War Veterans Association may have headquarters, branches and chapters. |
| (2) | The headquarters of the Korean War Veterans Association shall be established in Seoul Metropolitan City; branches shall be established in Seoul Metropolitan City, Metropolitan Cities, Dos and Special Self-Governing Province; and chapters shall be established in Sis (including administrative Sis; hereinafter the same shall apply)/Guns/Gus (referring to autonomous Gus; hereinafter the same shall apply). |
| (3) | If necessary in view of the number of members, geographic conditions, and other factors, the Minister of Patriots and Veterans Affairs may demand the Agent Orange Veterans Association to consolidate chapters and sub-chapters in neighboring Dos or Sis/Guns/Gus to establish one chapter or sub-chapter. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 21 (Executive Officers) |
| (1) | The headquarters of the Korean War Veterans Association shall have the following executive officers: |
| 2. | Not more than five vice chairpersons; |
| 3. | Not more than 10 directors; |
| (2) | The Korean War Veterans Association shall have one secretary general. |
| (3) | The 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 the directors, subject to the approval of the board of directors. |
| (5) | The chairperson shall represent the Korean War Veterans Association and generally supervise its affairs. |
| (6) | Vice chairpersons shall assist the chairperson; and where the chairperson is unable to perform his or her duties due to an accident, they shall perform duties on his or her behalf, as prescribed by the articles of association. |
| (7) | Auditors shall audit financial statements of the Korean War Veterans Association and affairs related to the accounting thereof. |
| (8) | The secretary general shall conduct affairs of the Korean War Veterans Association under the direction of the chairperson. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 22 (Branch Managers) |
| (1) | Each branch or chapter of the Korean War Veterans Association shall have one branch manager or one chapter manager, respectively; and a branch manager or chapter manager shall be elected as prescribed by its articles of association. |
| (2) | No branch manager or chapter manager under paragraph (1) shall hold the office of representative. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 23 (Articles of Incorporation) |
| (1) | The following shall be provided in the articles of association of the Korean War Veterans Association: |
| 4. | Matters concerning business; |
| 5. | Matters regarding rights and obligations of members; |
| 6. | Matters concerning general assembly and board of directors; |
| 7. | Matters regarding the executing branch and separation of affairs; |
| 8. | Matters regarding the organizational structure, such as the headquarters, branches and chapters; |
| 9. | Matters regarding membership fees, assets and auditing; |
| 10. | Matters concerning amendment to the articles of incorporation; |
| 11. | Matters regarding executive officers and employees; |
| 12. | Matters concerning dissolution; |
| 13. | Bylaws and other necessary matters for the operation thereof. |
| (2) | Where the Korean War Veterans Association intends to amend the articles of association, it shall obtain approval from the Minister of Patriots and Veterans Affairs. |
[This Article Newly Inserted on Feb. 6, 2009]
The Korean War Veterans Association shall implement the following programs:
| 1. | Promoting friendship for mutual assistance among Korean war veterans; |
| 2. | Improving the welfare and rights and interests of Korean war veterans; |
| 3. | Upholding the honor of and commemorating Korean war veterans; |
| 4. | Inspiring enthusiasm for the national defense and raising patriotism; |
| 5. | Ancillary programs to implement programs under subparagraphs 1 through 4. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 24-2 (For-Profit Business) |
The Korean War Veterans Association may directly operate a for-profit business to the extent necessary to achieve the objectives of its programs under Article 24. [This Article Newly Inserted on Feb. 3, 2015]
| Article 24-3 (Approval for For-Profit Business) |
| (1) | The Korean War Veterans Association who intends to conduct a profit-making business pursuant to Article 24-2 shall obtain approval from the Minister of Patriots and Veterans Affairs after deliberation and resolution of the welfare project review committee under Article 24-6 for the profit-making business. <Amended on Jun. 8, 2021> |
| (2) | Where the Korean War Veterans Association, which has received approval for a profitable business pursuant to paragraph (1), intends to change the approved matters, it shall obtain approval from the Minister of Patriots and Veterans Affairs: Provided, That any changes to minor approved matters prescribed by Ordinance of the Prime Minister shall be reported to the Minister of Patriots and Veterans Affairs. <Amended on Jun. 8, 2021> |
| (3) | The Korean War Veterans Association who intends to obtain approval for a profit-making business pursuant to paragraph (1) shall satisfy all of the following criteria: <Amended on Jun. 8, 2021> |
| 1. | Business types and items recognized as suitable for the Korean War Veterans Association to operate in consideration of the profit business, such as the Korean War Veterans Association’s ability to raise funds, project execution capacity and investment scale, and the operating status of other profit-making businesses; |
| 2. | The Korean War Veterans Association shall have facilities, manpower, etc. for profit-making business and directly produce goods or directly provide services or services; |
| 3. | In the case of profit-making business, the proceeds shall be used only for the purpose of establishing the Korean War Veterans Association. |
| (4) | The Korean War Veterans Association, whose approval of a profit-making business has been revoked pursuant to Article 24-12 (1), cannot obtain approval for the relevant profit-making business for one year from the date of revocation. <Newly Inserted on Jun. 8, 2021> |
| (5) | In addition to the matters stipulated in paragraphs (1) through (4), matters necessary for the approval procedure, changes to approved matters, approval standards, etc. shall be prescribed by Ordinance of the Prime Minister. <Newly Inserted on Jun. 8, 2021> |
[This Article Newly Inserted on Feb. 3, 2015]
| Article 24-4 (Validity of Approval) |
| (1) | The validity period of approval for profitable business under Article 24-3 (1) shall be three years from the date of approval. |
| (2) | Where the Korean War Veterans Association, which has obtained approval for profit-making business pursuant to Article 24-3 (1), intends to continue the business even after the expiry of the validity period, it may extend the validity period up to three years before the expiry of the validity period. The same shall also where it intends to re-extend the extended period. |
| (3) | Matters necessary for an application for extension of the validity period under paragraph (2), etc. shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 24-4 moved to Article 24-6 <Jun. 8, 2021>]
| Article 24-5 (Prohibition of Lending Names) |
| (1) | The Korean War Veterans Association, which has obtained approval for a profit-making business pursuant to Article 24-3 (1), shall not lend its name to another entity to conduct a profitable business. |
| (2) | No one other than the Korean War Veterans Association shall conduct a profit-making business using the name of the Korean War Veterans Association. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 24-5 moved to Article 24-7 <Jun. 8, 2021>]
| Article 24-6 (Establishment of Welfare Program Deliberative Committee) |
| (1) | The Korean War Veterans Association shall establish the Welfare Program Deliberative Committee (hereinafter referred to as the "Deliberative Committee") to deliberate on matters regarding operating a for-profit business. |
| (2) | The Deliberation Committee shall deliberate on and decide the following: |
| 1. | Matters related to the commencement, suspension, and discontinuation of profit-making activities; |
| 2. | Matters related to decisions on the scale of investment in profit-making activities, etc.; |
| 3. | Matters related to a plan for using profit or any change to such plan; |
| 4. | Matters related to the results of an audit on profit-making activities and the appropriateness of profit-making activities; |
| 5. | Other important matters concerning the operation of profit-making activities. |
| (3) | The Deliberation Committee shall be comprised of at least five, but not exceeding 10 members, including one Chairperson, and the following persons shall serve as committee members: |
| 1. | Two executives and employees designated by the chairperson of the Korean War Veterans Association; |
| 2. | The following persons designated or appointed by the Minister of Patriots and Veterans Affairs. In such cases, persons falling under items (b) through (d) shall not be designated or appointed from among public officials belonging to the Ministry of Patriots and Veterans Affairs or persons belonging to the Korean War Veterans Association: |
| (a) | One public official belonging to the Ministry of Patriots and Veterans Affairs; |
| (b) | At least one attorney-at-law; |
| (c) | At least one certified public accountant; |
| (d) | Others deemed necessary by the Minister of Patriots and Veterans Affairs from among those with abundant professional knowledge and experiences in profit-making activities. |
| (4) | The Chairperson of the Deliberation Committee shall be elected from among and by Committee members. |
| (5) | When the Deliberation Committee deliberates on and decides matters under paragraph (2) 1, it shall review the profitability, growth potential, stability of profit-making activities, their impact on the market, etc. |
| (6) | The Korean War Veterans Association shall operate a for-profit business following deliberation and a resolution by the Deliberative Committee on matters under paragraph (2); and shall comply with the result of deliberation or resolution by the Deliberative Committee, except in extenuating circumstances: Provided, That where the Korean War Veterans Association has a dissenting opinion on the result of deliberation or a resolution by the Deliberative Committee, it may request the Deliberative Committee to redeliberate on such matters, as prescribed by Prime Ministerial Decree. |
| (7) | Necessary matters concerning the composition of the Deliberation Committee, other than those provided in paragraphs (3) and (4), shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Feb. 3, 2015]
[Moved from Article 24-4; Previous Article 24-6 moved to Article 24-12 <Jun. 8, 2021>]
| Article 24-7 (Operation of Deliberation Committee) |
| (1) | The Chairperson shall represent the Deliberation Committee and exercise overall supervision over its affairs. |
| (2) | Where the Chairperson is unable to perform his/her duties due to any unavoidable reason, a member designated by the Deliberation Committee shall act for the Chairperson. |
| (3) | A majority of the members of the Deliberation Committee shall constitute a quorum, and any decision thereof shall require the concurring votes of a majority of those present. |
| (4) | Necessary matters concerning the operation of the Deliberation Committee, other than those provided in paragraphs (1) through (3), shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Feb. 3, 2015]
[Moved from Article 24-5; Previous Article 24-7 Moved to Article 24-13 <Jun. 8, 2021>]
| Article 24-8 (Use of Profits) |
| (1) | Profits from the profit-making business shall be used for the welfare of members of the Korean War Veterans Association, the operation of the Korean War Veterans Association, and other purposes of the establishment of the Korean War Veterans Association, but shall be used first for the welfare of the members. |
| (2) | The Korean War Veterans Association shall submit the plan to use the profits for the following year to the Deliberation Committee for review 30 days before the start of each fiscal year. |
| (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 Jun. 8, 2021]
| (1) | The Korean War Veterans Association shall undergo an accounting audit by a certified public accounting institution (referring to an accounting firm designated by a deliberation committee as an accounting firm under Article 23 of the Certified Public Accountant Act; hereafter in this Article the same shall apply) within three months after the end of each fiscal year for any business with a certain size or larger as prescribed by Ordinance of the Prime Minister. |
| (2) | A certified accounting institution shall conduct an audit under paragraph (1) during the period prescribed by Ordinance of the Prime Minister and submit the result to the Korean War Veterans Association. In such cases, the Korean War Veterans Association shall submit the audit results to a deliberation committee within 15 days of the completion of the audit. |
| (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 have public officials under his or her jurisdiction conduct regular annual audits on profit-making business conducted by the Korean War Veterans Association pursuant to Article 24-2. |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 24-10 (Fact-Finding Surveys) |
| (1) | The Minister of Patriots and Veterans Affairs may investigate the operational status of the profit-making business for the sound operation of the profit-making business of the Korean War Veterans Association. |
| (2) | The Minister of Patriots and Veterans Affairs may request the head of a related central administrative agency, the head of a local government, or the head of a public institution under the Act on the Management of Public Institutions to submit data, if necessary for the fact-finding survey under paragraph (1). In such cases, the head of a relevant agency, etc. shall, upon receipt of a request to submit data, 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 Jun. 8, 2021]
| Article 24-11 (Disclosure of Information and Data on Profit-Making Business) |
| (1) | The Minister of Patriots and Veterans Affairs shall post the following information or materials of the Korean War Veterans Association, which has received approval for a profit-making business pursuant to Article 24-3 (1), on the Internet website of the Ministry of Patriots and Veterans Affairs, as prescribed by Ordinance of the Prime Minister, within 180 days after the end of each fiscal year |
| 2. | Financial and accounting data prepared in accordance with the standards for finance and accounting under Article 32-2; |
| 3. | Other information or data prescribed by Ordinance of the Prime Minister in relation to the operation status of profit-making businesses, etc. |
| (2) | When necessary to disclose information or data under paragraph (1), the Minister of Patriots and Veterans Affairs may request the head of a relevant agency, etc. to submit data about the Korean War Veterans Association whose profit-making business has been approved pursuant to Article 24-3 (1). In such cases, the head of a relevant agency, etc. shall, upon receipt of a request to submit data, comply therewith unless there is good cause. |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 24-12 (Suspension and Revocation of Approval of Profit-Making Business) |
| (1) | Where the Agent Orange Veterans Association which has obtained approval to operate a profit-making business under Article 24-3 (1) falls under any of the following cases, the Minister of Patriots and Veterans Affairs may order said association to suspend the relevant profit-making business within a period of up to six months, or revoke such approval: Provided, That in cases falling under subparagraph 1,2, or 5, the approval shall be revoked: |
| 1. | Where the Association has obtained approval of a profit-making business or approval for modification of such business under Article 24-3 (1) and (2) by fraud or other improper means; |
| 2. | Where the Association has discontinued a profit-making business approved under Article 24-3 (1); |
| 3. | Where the Association fails to operate a profit-making business approved under Article 24-3 (1) for at least two years; |
| 4. | In case of failure to meet the criteria for approval under Article 24-3 (3); |
| 5. | Where the Association lends its name to another entity, in violation of Article 24-5 (1), to engage in profit-making business; |
| 6. | Where the Association refuses, interferes with, or evades an audit under Article 24-9 (1) or a regular audit under paragraph (4) of that Article; |
| 7. | Where the Association refuses, obstructs, or evades the fact-finding survey under Article 24-10 (1); |
| 8. | In case of non-compliance with corrective measures under Article 30; |
| 9. | Where the Association refuses, obstructs, or evades an investigation or inspection under Article 31 (1); |
| 10. | In the case of refusing to submit a report or documents or data under Article 32, making a false report, or submitting false documents or materials; |
| 11. | Where a profit-making business is operated during the period of suspension of the business; |
| (2) | Where the Minister of Patriots and Veterans Affairs suspends or revokes approval of a profit-making business under paragraph (1), he or she may require the Korean War Veterans Association to continue performing the duties under the contract concluded with respect to the relevant profit-making business before the Korean War Veterans Association is subjected to the disposition. |
| (3) | Where the Minister of Patriots and Veterans Affairs requires the Korean War Association to continue to perform its duties under the contract concluded with respect to the relevant profit-making business pursuant to paragraph (2), the Association shall give notice to the other party to the contract of the fact of suspension of profit-making business or revocation of approval to operate such business under paragraph (1) and details of such measures, within the period prescribed by Ordinance of the Prime Minister. |
| (4) | Matters necessary for detailed standards for administrative disposition under paragraph (1), etc. shall be prescribed by Ordinance of the Prime Minister. |
[This Article Wholly Amended on Jun. 8, 2021]
[Moved from Article 24-6 <Jun. 8, 2021>]
When the Minister of Patriots and Veterans Affairs intends to revoke approval of profit-making business under Article 24-12 (1), the Minister shall hold a hearing. <Amended on Jun. 8, 2021> [This Article Newly Inserted on Feb. 3, 2015]
[Moved from Article 24-7] <Jun. 8, 2021>]
| Article 25 (General Meetings) |
| (1) | A general meeting shall consist of the chairperson, vice-chairpersons, secretary general, directors, chapter heads, and representatives. |
| (2) | Matters regarding the fixed number of representatives, methods of electing representatives, minutes of the general meeting, etc. under paragraph (1) shall be prescribed by the articles of association. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 26 (Board of Directors) |
| (1) | The board of directors shall be comprised of the chairperson, vice-chairpersons, and directors: Provided, That chapter heads may become members of the board of directors, as stipulated by articles of association. |
| (2) | When it is significantly impracticable to convene a general meeting due to a natural disaster or a state of emergency, the chairperson may authorize the board of directors to act on behalf of the general meeting, after obtaining approval from the Minister of Patriots and Veterans Affairs. In such cases, resolutions shall be subject to approval at a general meeting later convened. |
[This Article Newly Inserted on Feb. 6, 2009]
The State or a local government may grant subsidies necessary for operating the Korean War Veterans Association, within budgetary limits. <Amended on May 29, 2016>
[This Article Newly Inserted on Feb. 6, 2009]
| Article 28 (Preferential Sale of State Property or Public Property) |
| (1) | Where it is necessary for operating the Korean War Veterans Association and implementing its welfare programs, notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State or a local government may sell state property or public property preferentially to the Korean War Veterans Association; or may allow it to use, profit from or lease state property or public property with or without compensation. |
| (2) | Where it is necessary for operating the Korean War Veterans Association and implementing its welfare programs, notwithstanding the Commodity Management Act or the Public Property and Commodity Management Act, the State or a local government may transfer commodities to the Korean War Veterans Association without compensation or lend commodities to it with or without compensation. <Amended on Mar. 13, 2018> |
| (3) | Where the Minister of Patriots and Veterans Affairs intends to ensure that the State or a local government allows the Korean War Veterans Association to sell, lease, use, or profit from or lease state-owned or public property pursuant to paragraph (1), he or she may request the head of a relevant administrative agency or the head of a local government (including a person delegated or entrusted with affairs related to the management and disposal of state-owned or public property under statutes or regulations) to submit data about a contract, permission, or approval relating to such affairs, as prescribed by Ordinance of the Prime Minister. In such cases, the head of an agency shall, upon receipt of a request to submit data, comply therewith unless there is a justifiable reason. <Newly Inserted on Jun. 8, 2021> |
| (4) | Where the Korean War Veterans Association intends to dispose of property it purchased under paragraph (1) (referring to the transfer of ownership by means of sale, exchange, concession, trust, investment in kind, etc.; hereafter in this paragraph the same shall apply), the Association shall report Minister of Patriots and Veterans Affairs matters prescribed by Presidential Decree, such as the details and conditions of the contract, before entering into a contract. <Newly Inserted on Jun. 8, 2021> |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 29 (Prohibition of Political Activities) |
| (1) | The Korean War Veterans Association shall not engage in political activities, such as supporting or opposing a specific political party platform; or supporting or opposing a specific candidate for public office. |
| (2) | No executive at any level of organization of the Korean War Veterans Association shall become the representative, executive and accounting manager of a political party under the Political Parties Act. |
| (3) | Where an executive at any level of organization of the Korean War Veterans Association violates paragraph (2), the relevant executive shall be dismissed. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 30 (Improvement Measures) |
Where the Korean War Veterans Association falls under any of the following, the Minister of Patriots and Veterans Affairs may order it to take improvement measures:
| 1. | When it operates its profit-making activities in breach of an Act or the purpose of its establishment; |
| 2. | When it uses profit in breach of its plan for using profit; |
| 3. | When it violates orders pursuant to this Act or statutes determined by Ordinance of the Prime Minister or its articles of incorporation. |
[This Article Wholly Amended on Feb 3, 2015]
| Article 31 (Examination and Inspection by Administrative Agencies) |
| (1) | Where deemed necessary, the Minister of Patriots and Veterans Affairs may require a relevant public official to examine matters regarding the accounting of the Korea War Veterans Association or to inspect other necessary documents. |
| (2) | In the case of paragraph (1), a related public official shall carry a certificate indicating his/her authority and present it to interested persons. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 32 (Demand for Submission of Reports or Data) |
With respect to matters necessary for the enforcement of this Act, such as approval of profit-making business under Article 24-3, fact-finding surveys under Article 24-10, and disclosure of information and data on profit-making business under Article 24-11 (1), the State The Minister of Patriots and Veterans Affairs may have the Korean War Veterans Association make a report or request the submission of documents or other materials. [This Article Wholly Amended on Jun. 8, 2021]
| Article 32-2 (Compliance with Financial and Accounting Standards) |
The Korean War Veterans Association shall conduct budget or accounting in accordance with the standards for finance and accounting prescribed by Ordinance of the Prime Minister.
[This Article Newly Inserted on Jun. 8, 2021]
| Article 33 (Grounds for Dissolution) |
The Korean War Veterans Association shall dissolve on any of the following grounds:
| 1. | Grounds specified by the articles of association as grounds for dissolution; |
| 2. | Resolution on dissolution adopted by a general meeting. |
[This Article Newly Inserted on Feb. 6, 2009]
| Article 34 (Prohibition of Use of Similar Name) |
The Korean War Veterans Association shall not be established unless it complies with this Act; and shall have the exclusive right to use the name “the Korean War Veterans Association” or similar.
[This Article Newly Inserted on Feb. 6, 2009]
| Article 35 Deleted. <Dec. 22, 2015> |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 36 (Recovery of Wartime Veterans Pension) |
| (1) | If a person who has received honorable treatment under this Act (including an heir) falls under any of the following cases, the Minister of Patriots and Veterans Affairs shall recover the veteran's honorary allowances under Article 6, living allowances under Article 6-3, medical subsidies under Article 7 or subsidies for nursing care under Article 8-2 that the person has received (hereinafter referred to as "wartime veterans pension, etc."); and in the case of subparagraph 1, where a person liable to pay is found responsible, the wartime veterans pension, etc. he or she has received plus interest prescribed by Presidential Decree shall be recovered: Provided, That an heir shall be liable to pay a sum not exceeding the value of the property obtained by inheritance: <Amended on Aug. 17, 2021; Jan. 17, 2023> |
| 1. | Where the person has received honorable treatment by fraud or other wrongful 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) | Where a person liable to pay the amount to be recovered under paragraph (1) fails to pay it by the deadline, the Minister of Patriots and Veterans Affairs shall collect the arrears, as prescribed by Presidential Decree. <Newly Inserted on Jan. 17, 2023> |
| (3) | Where a person liable to pay the amount to be recovered or the arrears under paragraph (1) or (2) fails to do so by the deadline, the Minister of Patriots and Veterans Affairs may collect them in the same manner as the compulsory collection of national taxes. <Amended on Jan. 17, 2023> |
| (4) | Where the Minister of Patriots and Veterans Affairs intends to recover or collect the amount to be recovered or the arrears under paragraphs (1) through (3), but where the person liable to pay them is missing or has no property or it is deemed impossible to recover or collect them for any unavoidable cause, the Minister of Patriots and Veterans Affairs may write them off. <Amended on Jan. 17, 2023> |
[This Article Newly Inserted on Dec. 22, 2015]
[Enforcement Date: Jul. 18, 2023] Amendments to Article 36 regarding the addition of interest and the collection of arrears
| Article 37 (Exemption from Obligation to Return) |
| (1) | Where a person who has received honorable treatment pursuant to this Act falls under Article 36 (1) 2, in which case the person has received honorable treatment for reasons not attributable to him or her, notwithstanding Article 36, the Minister of Patriots and Veterans Affairs may exempt him or her from returning the wartime veterans pension without recovering the amount he or she has received. |
| (2) | The scope of exemption under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 38 (Suspension of Honorable Treatment) |
| 1. | Coercing the provision of undue benefits to him/her or arranging such benefits, by taking advantage of his/her status; |
| 2. | Interfering with the execution of public duties by assaulting, intimidating, damaging properties, or in other unjustifiable manner; |
| 3. | Violating this Act or an order under this Act. |
| (2) | Where a war veteran is sentenced to imprisonment or more severe punishment for committing a crime under the Criminal Act and his or her sentence is confirmed, the Minister of Patriots and Veterans Affairs shall not pay the wartime veterans pension for which he or she is eligible for the period of punishment to which he or she is sentenced from the month following the month his or her sentence is confirmed: Provided, That the foregoing shall not apply to criminal negligence. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 39 (Exclusion from Application of This Act) |
| (1) | Where a war veteran subject or to be subject to this Act falls under any of the following, the Minister of Patriots and Veterans Affairs shall exempt such war veteran from being subject to this Act; and shall not accord any of the honorable treatment for which he or she is eligible pursuant to this Act or other Acts: <Amended on Oct. 31, 2017; Mar. 13, 2018> |
| 1. | A person upon whom a sentence of imprisonment without labor or heavier punishment imposed for a violation of the National Security Act becomes final and conclusive; |
| 3. | A person upon whom a sentence of imprisonment without labor for at least one year or heavier punishment imposed for any of the following crimes becomes final and conclusive: |
| (a) | A person who commits or attempts to commit a crime provided in Articles 250 through 253 of the Criminal Act; a person who commits a crime provided in Article 264 of that Act; a person who commits or attempts to commit a crime provided in Article 279 of that Act; a person who commits or attempts to commit a crime provided in Article 285 of that Act; a person who commits a crime provided in Articles 287 through 292 and 294 of that Act; a person who commits a crime provided in Articles 297, 297-2, 298 through 301, 301-2, 302, 303, and 305 of that Act; a person who commits or attempts to commit a crime provided in Article 332 of that Act (limited to habitual offenders pursuant to Articles 329 through 331 of that Act); a person who commits or attempts to commit a crime provided in Articles 333 through 336 of that Act; a person who commits a crime provided in Articles 337 through 339 of that Act or who attempts to commit a crime provided in Article 337, the former part of Article 338 or Article 339 of that Act; a person who commits or attempts to commit a crime provided for in Article 341 of that Act; a person who commits or attempts to commit a crime provided in Article 351 of that Act (limited to habitual offenders pursuant to Articles 347, 347-2, 348, 350, and 350-2 of that Act); a person who commits a crime provided in Article 363 of that Act; |
| (f) | The crime under Articles 7, 8, 11 through 16, and 17 (1) of the Act on the Protection of Children and Youth against Sexual Abuse; |
| 5. | A person who habitually commits an offense referred to in Article 38 (1). |
| (2) | Where a person exempted from being subject to this Act pursuant to paragraph (1) falls under any of the following, the Minister of Patriots and Veterans Affairs may re-designate him or her as a person subject to this Act and give honorable treatment after receiving an application for registration pursuant to Article 5 only where he or she is deemed to have sincere remorse: Provided, That where he or she falls under paragraph (1) 2, the Minister of Patriots and Veterans Affairs shall not re-designate him or her as a person subject to this Act and shall not accord honorable treatment: |
| 1. | If three years have passed since his or her imprisonment without labor or heavier punishment imposed upon such person was completely executed or exempt; |
| 2. | Except as otherwise expressly provided for in subparagraph 1, where two years have passed since such person was excluded from the application of this Act. |
| (3) | Where the Minister of Patriots and Veterans Affairs exempts a war veteran from being subject to this Act on a ground specified in paragraph (1) 5 or re-designates a person exempted from being subject to this Act as a person subject to this Act under paragraph (2), a resolution of either of the cases shall be adopted by the Board of Patriots and Veterans Entitlement. |
| (4) | Where the Minister of Patriots and Veterans Affairs intends to suspend honorable treatment pursuant to Article 38 (2) or to exempt a war veteran from being subject to this Act pursuant to paragraph (1) of this Article, he or she may request an agency managing criminal records or information about imprisonment in a correctional facility. <Amended on Oct. 31, 2017> |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 39-2 (Requests for Provision of Data) |
| (1) | To conduct the following affairs, the Minister of Patriots and Veterans Affairs may request the heads of relevant agencies to provide information on resident registration; registered matters concerning family relations; registered matters concerning overseas Korean nationals; data on military service; data on national and local taxes; data on income and property; data on various kinds of pensions and insurance, including the National Pension and the National Health Insurance; immigration information, etc. In such cases, the heads of relevant agencies in receipt of such request shall comply therewith, unless there is good cause: <Amended on Apr. 6, 2018> |
| 1. | Registering management businesses specialized in improvement projects under Article 5 of the Act; |
| 2. | Affairs concerning establishing and operating the national database system on litigation under Article 5-2; |
| 3. | Affairs related to the payment of rewards under Article 6 of the Act; |
| 3-2. | Affairs related to investigations to confirm the payment of livelihood subsidies and the occurrence or loss of entitlements under Article 6-3; |
| 4. | Investigation for verifying whether an entitlement to allowance for adjusting living conditions referred to in Article 8-4 (1) has arisen or been lost; |
| 5. | Preferential supplying residential houses prescribed in Article 12-3; |
| 6. | Recovering educational subsidies, etc. prescribed in Article 36 and writing such subsidies, etc. off taxes; |
| 38. | Suspending honorable treatment prescribed in Article 38; |
| 5. | Administrative work related to revoking eligibility under Article 39. |
| (3) | No person who conducts or has conducted the administrative affairs prescribed in paragraphs (1) and (2) shall inquire about or use the data or information prescribed in paragraph (1) for purposes other than those prescribed in this Act, nor provide or divulge such data or information to a third person or institution. |
| (4) | The detailed scope of data or information which may be requested pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 40 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Patriots and Veterans Affairs may delegate part of his or her authority under this Act to the head of an affiliated agency or the Jeju Special Self-Governing Province Governor or entrust it to the heads of other administrative agencies, as prescribed by Presidential Decree. <Amended on Oct. 31, 2017> |
| (2) | The Minister of Patriots and Veterans Affairs may entrust the affairs related to the payment of the War veterans' honorary allowance and livelihood subsidy to a postal service or a bank, as prescribed by Presidential Decree. <Amended on Aug. 17, 2021> |
[This Article Newly Inserted on Dec. 22, 2015]
CHAPTER V PENALTY PROVISIONS
| Article 41 (Penalty Provisions) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Oct. 31, 2017; Aug. 17, 2021> |
| 1. | A person who receives, or assists a third party in receiving, any assistance under this Act, by fraud or other improper means; |
| 2. | A person who uses, provides or divulges financial information, etc., in violation of Article 8-5 (6) (including a case applicable mutatis mutandis in accordance to the latter part of Article 12-3 (3)); |
| 3. | A person who inquires about, uses, provides, or divulges data or information, in violation of Article 39-2 (3). |
| (2) | Any person who attempts to commit a crime specified in paragraph (1) 1 shall be punished. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 41-2 (Penalty Provision) |
Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won:
| 1. | A person who obtains approval of profit-making business or allows other persons to obtain such approval under Article 24-3 (1) and (2) (including cases applied mutatis mutandis in Article 18-2 (4)) by fraud or other improper means; |
| 2. | A person who lends the name of the Korean War Veterans Association and the Vietnam War Veterans Association to another person to run profit-making business in violation of Article 24-5 (1) (including cases applied mutatis mutandis in Article 18-2 (4)); or a person who conducts a profit-making business using the name of the Korean War Veterans Association and the Vietnam War Veterans Association in violation of paragraph (2) of that Article (including cases applied mutatis mutandis in Article 18-2 (4)). |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 41-3 (Joint Penalty Provisions) |
If the representatives of the Korean War Veterans Association or the Vietnam Was Veterans Association, the aforesaid Associations, or an agent, employer, or employees of an individual party violates Article 41-2 regarding the affairs of the Korean War Veterans Association or the Vietnam Was Veterans Association or an individual party, in addition to punishing the violators, the Korean War Veterans Association, Vietnam War Veterans Association, or such individual shall be also subject to a fine under the relevant provisions: Provided, that this shall not apply to cases where Korean War Veterans Association, Vietnam War Veterans, or such individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. [This Article Newly Inserted on Jun. 8, 2021]
| Article 42 (Administrative Fines) |
| (1) | Each of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who engages in a profit-making business without obtaining approval under Article 24-3 (1) (including cases applied mutatis mutandis in Article 18-2 (4)); |
| 2. | A person who fails to obtain approval for change under Article 24-3 (2) (including cases applied mutatis mutandis in Article 18-2 (4)); |
| 3. | A person who refuses, interferes with, or evades an audit under Article 24-9 (1) (including cases applied mutatis mutandis in Article 18-2 (4)) or a regular audit under paragraph (4) of that Article; |
| 4. | A person who refuses, interferes with, or evades a fact-finding survey conducted under Article 24-10 (1) (including cases applied mutatis mutandis in Article 18-2 (4)); |
| 5. | A person who fails to report under Article 28 (4) (including cases applied mutatis mutandis in Article 18-2(4)) or makes a false report; |
| 6. | A person who refuses, interferes with, or evades an investigation or inspection prescribed in Article 31 (1) (including cases applied mutatis mutandis in Article 18-2 (4)); |
| 7. | A person who fails to comply with the guidelines for finance and accounting prescribed in Article 32-2 (including cases applied mutatis mutandis in Article 18-2 (4)). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who refuses to report or submit documents or materials, makes a false report, or submits false documents or materials under Article 32 (including cases applied mutatis mutandis in Article 18-2 (4)) without good cause; |
| 2. | A person who uses the title "the Korean War Veterans Association" or "the Vietnam War Veterans Association", or any other similar name, in violation of Article 34 (including cases where the aforesaid Article is applied mutatis mutandis pursuant to Article 18-2 (4)). |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 8, 2021]
ADDENDA <Act No. 6258, Jan. 28, 2000>
begin to apply from a plan to use earnings of 2016.
Article 3 (Applicability to Audits of Financial Statements of For-Profit Business)
Matters regarding audits of financial statements under Article 22 of the Act on the Establishment of Associations by Persons, etc. of Distinguished Service to the State applied mutatis mutandis pursuant to the amended provisions of Article 24-3 (3) shall begin to apply from the financial audit on the operation of the for-profit business of 2015.
ADDENDA <Act No. 13609, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Suspension of Honorable Treatment)
| (1) | The amended provisions of Article 38 (1) shall begin to apply from the first case where a war veteran commits an act falling under any of the subparagraphs of the amended provisions thereof after this Act enters into force. |
| (2) | The amended provisions of Article 38 (2) shall begin to apply from the first case where a war veteran is sentenced to imprisonment or more severe punishment for a crime after this Act enters into force and his or her sentence is confirmed. |
Article 3 (Applicability to Exclusion from Persons Subject to This Act)
| (1) | The amended provision of Article 39 (1) 2 shall begin to apply from the first case where a war veteran is sentenced to imprisonment or more severe punishment for a crime after this Act enters into force and his or her sentence is confirmed. |
| (2) | The amended provision of Article 39 (1) 3 shall begin to apply from the first case where a war veteran is sentenced to imprisonment for at least one year for a crime after this Act enters into force and his or her sentence is confirmed (excluding cases where he or she falls under the amended provision of Article 39 (1) 3 because he or she has committed a crime under the former Article 3 (2) 2). |
| (3) | The amended provision of Article 39 (1) 4 shall begin to apply from the first case where a war veteran is sentenced to imprisonment for at least one year for a crime after this Act enters into force and his or her sentence is confirmed. |
Article 4 Omitted.
ADDENDUM <Act No. 14260, May 29, 2016>
ADDENDA <Act No. 15033, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 39 (1) 3 (a) and (b) shall enter into force on the date of its promulgation. Article 2 (Applicability to Exclusion from Persons Subject to This Act)
The amended provisions of Article 39 (1) 3 (a) and (b) shall also apply to war veterans registered pursuant to Article 5 before the aforesaid amended provisions enter into force: Provided, That in case of a person deemed a war veteran registered pursuant to Article 5 pursuant to Article 2 (1) of Addenda of the Support for War Veterans etc. Act amended by Act No. 6528, the amended provisions of Article 39 (1) 3 (a) and (b) shall begin to apply from the first case where a person is sentenced to imprisonment for at least one year for a crime falling under the amended provisions of Article 39 (1) 3 (a) and (b) and his or her sentence is confirmed after October 1, 2000.
ADDENDA <Act No. 15478, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 39 (1) 3 (a) shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Exclusion from Persons Subject to This Act)
The amended provision of Article 39 (1) 3 (a) shall begin to apply from the first case where a war veteran is sentenced to imprisonment for at least one year for a crime committed and his or her sentence is confirmed after the aforesaid amended provision enters into force.
ADDENDUM <Act No. 16429, Apr. 30, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17117, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 17119, Mar. 24, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 18140, Apr. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 39 (1) 2 (g) shall enter into force on the date of its promulgation. Article 2 (Applicability to Exclusion from Application of This Act)
The amended provision of Article 39 (1) 3 (g) shall begin to apply from after a war veteran is sentenced to imprisonment without labor for at least one year for an act conducted after the same provision enter into force and the sentence becomes final and conclusive.
ADDENDA <Act No. 18235, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 39 (1) 3 and 39-2 (2) shall enter into force on the date of its promulgation. Article 2 (Applicability to Restrictions on Approval of Profit-Making Business)
The amended provisions of Article 24-3 (4) (including cases applied mutatis mutandis in Article 18-2 (4)) shall begin to apply from the first revocation of approval for a business for profit after this Act enters into force. Article 3 (Applicability to Disclosure of Information and Data on Profit-Making Business)
The amended provisions of Article 24-11 (1) (including cases applied mutatis mutandis in Article 18-2 (4)) shall apply beginning with the information and data concerning profit-making business for the fiscal year of 2021. Article 4 (Applicability to Order to Suspend Profit-Making Business)
The amended provisions of Article 24-12 (including cases applicable mutatis mutandis in Article 18-2 (4)) may be applied to order the suspension of profit-making business when dispositions are taken against the Korean War Veterans Association or the Vietnam War Veterans Association for the violation of Article 24-6 (excluding sbparagraph 1 of the same Article; in such cases applicable mutatis mutandis in Article 18-2 (4) shall be included) committed before this Act enters into force. Article 5 (Applicability to Order to Suspend Profit-Making Business)
The amended provisions of Article 28 (3) (including cases applicable mutatis mutandis in Article 18-2 (4)) shall apply beginning with state-owned or public property that the State or local governments have sold, loaned, used or made profit from to the Korean War Veterans Association or the Vietnam War Veterans Association after this Act enters into force. Article 6 (Applicability to Report on Disposal of Purchased Property)
The amended provisions of Article 28 (4) (including cases applied mutatis mutandis in Article 18-2 (4)) shall also apply where the property purchased by the Korean War Veterans Association or the Vietnam War Veterans Association before this Act enters into force is disposed of after this Act enters into force. Article 7 (Applicability to Financial and Accounting Standards)
The amended provisions of Article 32-2 (including cases applied mutatis mutandis in Article 18-2 (4)) shall begin to apply from the budget or accounting of the Korean War Veterans Association or the Vietnam War Veterans Association for the year 2022. Article 8 (Special Cases concerning Term of Validity of Approval of Profit-Making Business)
Where the Korean War Veterans Association or the Vietnam War Veterans Association has obtained approval for a for-profit business before this Act enters into force, it shall be deemed to have obtained such approval on the date this Act enters into force, and thus, the amended provisions of Article 24-4 (including cases applied mutatis mutandis in Article 18-2 (4)) shall apply.
ADDENDUM <Act No. 18441, Aug. 17, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 19222, Jan. 17, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to Article 36 regarding the addition of interest and the collection of arrears shall enter into force six months after the date of the promulgation. Article 2 (Applicability to Recovery of Wartime Veterans Pension)
| (1) | The amendments to the main clause of Article 36 (1) regarding the inclusion of an heir in the classification as those whose wartime veterans pension, etc. are to be recovered shall begin to apply where any grounds for recovery arise after this Act enters into force. |
| (2) | The addition of interest and the collection of arrears under the amended provisions of Article 36 (1) and (2) shall begin to apply where any grounds for recovery arise after the enforcement date under the proviso of Article 1 of the Addenda. |