CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to grant honorable treatment to persons who have made extraordinary sacrifices for the nation in relation to special missions and to their families, bereaved or not, thereby venerating the honor of persons of distinguished services during special missions and contributing to the inspiration of patriotism of the public. <Amended on Aug. 4, 2011>
[This Article Wholly Amended on Mar. 28, 2008]
The terms used in this Act are defined as follows: <Amended on Aug. 4, 2011>
| 1. | The term "special mission" means activities conducted for the purpose of collecting information, etc. on specific matters in a specific form, which require an extraordinary sacrifice to the nation; |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 3 (Eligible Persons) |
Any of the following persons of distinguished services during special missions and his or her family members, bereaved or not, shall be eligible for honorable treatment under this Act: <Amended on Aug. 4, 2011; Dec. 22, 2015>
| 1. | A person deceased or confirmed missing in the course of performing a special mission: A person who is confirmed to have died or gone missing in the course of performing a special mission or participating in education or training related to such mission (including arrested persons in an area to which they were dispatched in the course of performing a special mission); |
| 2. | A person injured in the course of performing a special mission: A person who was injured (or suffered from a disease; the same shall apply hereinafter) in the course of performing a special mission or participating in education or training related to such mission, and was diagnosed injury specified in the disability rating under Article 6-4 of Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (hereinafter referred to "disability rating"), in a physical examination conducted by the Minister of Patriots and Veterans Affairs; |
| 3. | A person of distinguished services for a special mission: A person who performed a special mission or participated in education or training related to such mission. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 4 (Scope of Family Members, Bereaved or Not) |
| (1) | Family members, bereaved or not, of a person of distinguished services during special missions, who are eligible for honorable treatment under this Act, are as follows: <Amended on Aug. 4, 2011; Dec. 22, 2015> |
| 4. | Grandparents with no adult lineal descendent; |
| 5. | Minor younger siblings with neither a lineal ascendant under 60 years of age nor an adult sibling. |
| (2) | In cases of spouses under paragraph (1) 1, such spouses include persons in de facto marital relationship: Provided, That, cases where the spouse of a person of distinguished services during special missions or a person who had a de facto marital relationship with a person of distinguished services during special missions are excluded herefrom, if such spouse or person has or had a de facto marital relationship with any person other than the person of distinguished services during special missions after the spouse or the person had been married, de jure or de facto, to the person of distinguished services during special missions. <Amended on Dec. 22, 2015> |
| (3) | In cases of children under paragraph (1) 2, if a child is adopted, the provisions of this Act shall apply to only one child, who is adopted by a person of distinguished services during special missions with no lineal descendent. <Amended on Aug. 4, 2011> |
| (4) | In cases of parents under paragraph (1) 3, if there is the spouse of a father or mother, who is not the biological father or mother of a person of distinguished services during special missions, but who has raised or supported the person of distinguished services during special missions, only one person who has mainly raised or supported the person of distinguished services shall be deemed his or her father or mother. <Amended on Aug. 4, 2011> |
| (5) | In cases of grandparents under paragraph (1) 4, a grandparent is deemed to have no adult lineal descendent, if his or her adult lineal descendent is a person with disability who is incapable of earning a livelihood, as prescribed by Presidential Decree, or is any of the following persons currently in compulsory service: <Amended on Dec. 22, 2015; May 29, 2016; Dec. 31, 2019> |
| (6) | In cases of minor younger siblings under paragraph (1) 5, if such siblings have a lineal ascendant under 60 years of age or an adult sibling, who is a person with disability who is incapable of earning a livelihood, as specified by Presidential Decree, or is in a compulsory service period as a person specified in any subparagraph of paragraph (5), they are deemed to have neither a lineal ascendant under 60 years of age nor an adult sibling. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Dec. 22, 2015]
| Article 5 (Principle of Honorable Treatment) |
Honorable treatment shall be granted to each person of distinguished services during special missions and his or her family members, bereaved or not, according to the degree of his or her contribution and sacrifice, but the level of honorable treatment may be varied, taking into consideration their standard of living, age, etc. <Amended on Aug. 4, 2011; Dec. 22, 2015>
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Aug. 4, 2011]
| Article 6 (Registration and Determination) |
| (1) | A person who wishes to be registered as a person of distinguished services during special missions or as a family member, bereaved or not, of such person shall file a registration application with the Minister of Patriots and Veterans Affairs. <Amended on Dec. 22, 2015> |
| (2) | Upon receipt of a registration application filed under paragraph (1), the Minister of Patriots and Veterans Affairs shall examine facts relevant to the requirements for eligibility and then determine whether the person is a person of distinguished services during special missions or a family member, bereaved or not, of such person. In such cases, the Minister of Patriots and Veterans Affairs shall request the chairperson of the Committee for Deliberation on Compensation for Persons who Performed Special Missions under Article 4 of the Act on Compensation to Persons Who Performed Special Missions (hereinafter referred to as the "Compensation Deliberation Committee") to verify the facts relevant to the requirements for eligibility; and the Chairperson of the Compensation Deliberation Committee shall verify the facts relevant to the requirements for eligibility, as prescribed by Presidential Decree, and shall notify results thereof to the Minister of Patriots and Veterans Affairs. <Amended on Dec. 22, 2015> |
| (4) | Necessary matters concerning the order of priority, procedure, etc. of a registration application under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 7 (Reporting of Changes in Status) |
| (1) | Where a person of distinguished services during special missions or a family member, bereaved or not, of such person, falls within any of the following cases, the relevant applicant for registration filed under Article 6 (1) shall report such fact to the Minister of Patriots and Veterans Affairs, without delay, as prescribed by Ordinance of the Prime Minister: |
| 1. | Where such person or such family member is deceased; |
| 2. | Where such person or such family member has forfeited nationality; |
| 3. | Where such family member is no longer a family member, bereaved or not, under Article 4; |
| 4. | Where such person or such family member becomes a family member, bereaved or not, under Article 4; |
| 5. | Where such person or such family member falls under Article 79 (2); |
| 6. | Where such person or such family member falls under any provision of Article 80 (1) 1 through 4 and (2); |
| 7. | Where such person or such family member has been missing for at least one year or the ground for presuming such missing is cleared; |
| 8. | Where the name, address, or date of birth is changed; |
| 9. | Other changes in status specified by Ordinance of the Prime Minister. |
| (2) | Upon receipt of the report made under paragraph (1), the Minister of Patriots and Veterans Affairs shall change the order of priority of bereaved family members, revoke the relevant registration and determination, determine to register additionally, or take any other necessary measure; and shall notify the reporting person of the details of the measures taken by him or her and reasons therefor. |
| (3) | In order to ascertain a change in the status under any subparagraph of paragraph (1), the Minister of Patriots and Veterans Affairs may request the relevant person of distinguished services during special missions or the family member, bereaved or not, of such person to submit necessary documents; and each person requested to submit documents shall comply with the request, in the absence of good cause to the contrary. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 8 (Creation and Termination of Entitlement to Honorable Treatment) |
| (1) | The entitlement to honorable treatment under this Act shall be created from the month when an application for registration is filed in accordance with Article 6 (1): Provided That, the entitlement to the relevant treatment shall be created from the month in which an application for educational assistance under Article 11-3 (1), and for the payment of subsidies under Article 70-2 (2) and living allowances under Article 75-2 is filed. <Amended on Aug. 17, 2021> |
| (2) | If any of the events specified in Article 7 (1) 1 through 3 and Article 80 (1) and (2) occurs to a person of distinguished services during special missions or any of his or her family members, bereaved or not, the entitlement to honorable treatment under this Act terminates in the month immediately following the month in which the relevant event occurs. If the event specified in Article 7 (1) 2 or 80 (1) occurs to the person of distinguished services during special missions, the entitlement of his or her family members to honorable treatment terminates simultaneously. |
| (3) | In either of the following cases, the entitlement of a person of distinguished services during special missions and his or her family members, bereaved or not, to honorable treatment under this Act terminates retroactively from the date on which the entitlement created. In such cases, where the entitlement of a person of distinguished services during special missions to honorable treatment terminates, the right of his or her family members, bereaved or not, to honorable treatment terminates simultaneously: |
| 1. | If it is found that a person of distinguished services during special missions or any of his or her family members obtains registration and determination, by fraud or other improper means; |
| 2. | If it is found that the person of distinguished services during special missions does not meet the criteria for registration for persons of distinguished services during special missions because of a serious defect notified by the Chairperson of the Compensation Deliberation Committee under the latter part of Article 6 (2) with respect to the facts relevant to the criteria for persons of distinguished services during special missions. |
| (4) | When the Minister of Patriots and Veterans Affairs intends to determine whether a case falling under any subparagraph of paragraph (3) exists, he or she shall investigate and examine the facts relevant to the case and refer the case to the National Merit Reward Commission for deliberation and resolution thereon. |
| (5) | If the Chairperson of the Compensation Deliberation Committee becomes aware that a case falling under any subparagraph of paragraph (3) exists, he or she shall notify the Minister of Patriots and Veterans Affairs of relevant facts, without delay. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 9 (Relationship to Honorable Treatment or Support under Other Acts) |
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER II EDUCATIONAL ASSISTANCE
| Article 10 (Educational Assistance) |
The State shall provide educational assistance to persons of distinguished services during the special missions and their family members, bereaved or not, so that they can receive necessary education in the schools, etc. specified in any subparagraph of Article 11-2 (hereinafter referred to as "educational institutions") so as to support themselves as good members of society. [This Article Wholly Amended on Dec. 22, 2015]
| Article 11 (Persons Eligible for Educational Assistance) |
| (1) | Persons who are eligible for educational assistance (hereinafter referred to as "persons eligible for educational assistance") shall be specified as follows: |
| 1. | A person injured in the course of performing a special mission or a person of distinguished services for a special mission; |
| 2. | A spouse of a person deceased or confirmed missing in the course of performing a special mission; |
| 3. | Children of either of the persons specified in subparagraph 1; |
| 4. | Children of a person deceased or confirmed missing in the course of performing a special mission. |
| (2) | The education assistance to a person who falls under paragraph (1) 3 or 4 shall be provided only where the person is enrolled (including admission, re-admission, special admission, and transfer; the same shall apply hereinafter) in an educational institution by not later than the date when the person attains the age of 30 years. |
| (3) | Educational assistance may be provided to any of the following persons, among those eligible for educational assistance, as prescribed by Presidential Decree, taking into consideration the standard median income under subparagraph 11 of Article 2 of the National Basic Living Security Act (hereinafter referred to as "standard median income") and the standard of living: |
| 1. | A person of distinguished services for a special mission and children of such person; |
| 2. | Children of a person whose injury is diagnosed as lower than the disability rating specified by Presidential Decree, among the persons of distinguished services during special missions. |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 11-2 (Educational Institutions) |
The educational institutions that shall provide educational assistance to the persons eligible for educational assistance are as follows:
| 2. | Universities and colleges, as defined by Article 2 of the Higher Education Act, (including industrial colleges, teachers' colleges, junior colleges, distant learning colleges, and technical colleges; hereinafter referred to as "universities") and other equivalent schools: Provided, That graduate schools, as defined by Article 29-2 of the same Act, and graduate school universities, as defined by Article 30 of the same Act, are excluded herefrom; |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 11-3 (Application for Educational Assistance) |
| (1) | If a person who falls under any subparagraph of Article 11 (3) intends to receive educational assistance (hereinafter referred to as "applicant for educational assistance"), such person shall file an application for educational assistance with the Minister of Patriots and Veterans Affairs. |
| (2) | When an applicant for educational assistance files the application under paragraph (1), the applicant and the responsible provider of the applicant (referring to the applicant's spouse, parent, or child who owes the duty to support the applicant and the spouse of such child; hereinafter the same shall apply) shall submit a written statement that they consent to the provision of the following data or information: |
| (3) | Upon receipt of an application under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether to provide educational assistance according to the results of the inspection conducted under Article 11-4. |
| (4) | Necessary matters concerning the method and procedure for applying for educational assistance under paragraph (1) and the method, procedure, etc. for consent under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 11-4 (Inspection and Inquiry) |
| (1) | The Minister of Patriots and Veterans Affairs may request an applicant for educational assistance or a beneficiary of educational assistance (a person to whom educational assistance is provided under any subparagraph of Article 11 (3); hereinafter the same shall apply) and his or her responsible provider to submit necessary documents or other data concerning income, property, etc. and may authorize public officials of the Ministry to enter the abode of the applicant for educational assistance or the beneficiary of educational assistance and his or her responsible provider or any other necessary place to inspect documents, etc. or ask necessary questions to involved people. |
| (2) | A person who enter a place to conduct an inspection or an inquiry under paragraph (1) shall carry an identification certifying his or her authority and produce it to the involved people. |
| (3) | If an applicant for educational assistance or a beneficiary of educational assistance and his or her responsible provider refuses to submit documents or data in accordance with paragraph (1) or rejects, interferes with, or evades an inspection or an inquiry, the Minister of Patriots and Veterans Affairs may reject the application for educational assistance or may suspend educational assistance. |
| (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 11-5 (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) | A person who is or was engaged in the work specified in paragraph (1) or (2) shall not use the financial information or such acquired in the course of performing the work for any purpose other than the purposes specified in this Act or provide or divulge such information to any other person or institution. |
| (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 12 Deleted. <Dec. 22, 2015> |
| Article 13 (Schooling Obligation) |
| (2) | The Minister of Education may, if he or she deems it necessary in view of the current regional distribution of persons eligible for educational assistance, determine the percentage of school enrollment under paragraph (1) for each region within the ranges of the percentage under Article 23 (2) of the Act on the Honorable Treatment and Support for Persons of Distinguished Services to the State, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 14 (Admission Procedure) |
Necessary matters concerning entrance examinations for persons eligible for educational assistance who are to be enrolled in any of the educational institutions specified in subparagraph 1 of Article 11-2 shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2015> [This Article Wholly Amended on Mar. 28, 2008]
| Article 15 (Exemption from Tuition Fees and Other School Expenses) |
| (1) | An educational institution shall exempt a person 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 the person eligible for educational assistance files an application for the exemption from tuition fees, etc. with the head of an educational institution, after a determination is made to register him or her as a person of distinguished services during special missions or any of his or her family members, bereaved or not, under Article 6 (2): Provided, That, if the educational institution is a university, a college, a lifelong education facility in the form of a distance learning college, or an educational or training institution that has curricula for credits recognized as those necessary for acquiring an academic degree of a junior college or a higher educational institution (hereinafter referred to as "university or equivalent educational institution"), among educational institutions, a person eligible for educational assistance shall be granted exemption from the tuition fees, etc. for which the deadlines for payment come due after filing an application for exemption from tuition fees, etc. <Amended on Jan. 30, 2009; Aug. 4, 2011; Dec. 22, 2015> |
| (3) | Where a privately-run university or equivalent educational institution exempts a person eligible for educational assistance under Article 11 (1) 3 or 4 from tuition fees, etc. pursuant to paragraphs (1) and (2), the State shall subsidize one half of the exempted amount to the university or educational institution. <Amended on Dec. 22, 2015> |
| (4) | The State may grant a subsidy for the amount equivalent to tuition fees, etc. actually paid by a person eligible for educational assistance even before he or she is exempted from tuition fees, etc. under paragraph (2), after he or she files an application for registration as a person of distinguished services during special missions or any of his or her family members, bereaved or not: Provided, That no subsidy shall be granted for an amount equivalent to tuition fees, etc., if a subsidy has been granted for such amount from the national treasury under any other statute or if there is any of the reasons specified by Presidential Decree. <Amended on Aug. 4, 2011; Dec. 22, 2015> |
| (5) | Under paragraphs (1) through (4), necessary matters concerning the time limit and guidelines for the exemption or subsidization of tuition fees and other school expenses for persons eligible for educational assistance, support for educational institutions providing educational assistance, and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 15-2 (Assistance to Persons Eligible for Educational Assistance and Enrolled in Foreigners' Schools) |
| (1) | If a person eligible for educational assistance is enrolled in either of the following foreigners' schools, he or she may be eligible for subsidies for part of tuition fees, etc., within budgetary limits: |
| 2. | A foreign educational institution equivalent to a middle or high school defined by Article 2 of the Elementary and Secondary Education Act or a foreign educational institution equivalent to a university, 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) | The subsidies payable to a person eligible for educational assistance shall be determined by considering the following factors, and further details necessary for the standards for payment, the amount of payment, the number of years eligible for subsidization, the procedure for payment, etc. shall be prescribed by Presidential Decree: |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 16 (Payment of Educational Subsidies) |
| (1) | The Minister of Patriots and Veterans Affairs may pay educational subsidies to a person eligible for educational assistance in either of the following cases: <Amended on Dec. 22, 2015> |
| 2. | Where a person eligible for educational assistance is one of the persons specified as those that need educational subsidies. |
| (2) | Necessary matters concerning the amount of educational subsidies under paragraph (1), the methods of payment, and other necessary matters concerning payment shall be prescribed by Presidential Decree. <Amended on Jan. 30, 2009; Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 17 Deleted. <Dec. 22, 2015> |
CHAPTER III ASSISTANCE IN EMPLOYMENT
| Article 18 (Assistance in Employment) |
The State shall assist persons of distinguished services during special missions and their family members, bereaved or not, in employment for their stable livelihood and self-realization. <Amended on Aug. 4, 2011; Dec. 22, 2015; May 29, 2016>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 19 (Persons Eligible for Assistance in Employment) |
| (1) | Persons who are eligible for assistance in employment (hereinafter referred to as "persons eligible for assistance in employment") are as follows: |
| 1. | A person injured in the course of performing a special mission or a person of distinguished services for a special mission; |
| 2. | A spouse of a person deceased or confirmed missing in the course of performing a special mission; |
| 3. | A spouse of a person who falls under subparagraph 1; |
| 4. | Children of a person deceased or confirmed missing in the course of performing a special mission; |
| 5. | Children of a person whose injury is diagnosed as equivalent to, or severer than the disability rating specified by Presidential Decree, among persons injured in the course of performing a special mission. |
| (2) | Assistance in employment referred to in Article 21 or 22 shall be provided to only one person for the persons eligible for assistance in employment referred to in paragraph (1) 4 and 5. |
| (3) | Assistance in employment may be provided to a person eligible for assistance in employment by not more than the number of times specified by Presidential Decree, and such number of times shall be calculated by adding the number of times that the person to be employed under Article 21 (2), to the number of times that the person to be employed under Article 22. |
[This Article Wholly Amended on May 29, 2016]
| Article 20 (Institutions Providing Assistance in Employment) |
The following institutions shall provide assistance in employment: <Amended on Jan. 28, 2014; May 29, 2016>
| 1. | State agencies, local governments, military units, national schools, and public schools; |
| 2. | Public and private enterprises or public and private organizations with no less than 20 employees per day on a regular basis: Provided, That enterprises with less than 200 employees among manufacturers specified by Presidential Decree shall be excluded herefrom; |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 20-2 (Application for Assistance in Employment) |
If a person eligible for assistance in employment (excluding assistance in employment under Article 24; hereinafter in this Article, the same shall apply) intends to receive such assistance, the person shall apply for assistance in employment to the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. [This Article Newly Inserted on May 29, 2016]
| Article 21 (Obligation of State Agencies to Employ) |
| (1) | Where the head of an institution providing assistance in employment under subparagraph 1 of Article 20 (hereinafter referred to as "State agency, etc.") has the power to employ public officials in general service and civilian technicians in military service specified by Presidential Decree (hereinafter referred to as "public officials in general service, etc.") and such institution has at least five persons for the prescribed number of public officials in general service, etc., the institution shall employ persons eligible for assistance in employment as public officials in general service, etc., at least at the employment proportion specified by Presidential Decree (hereinafter referred to as "employment proportion"), out of the prescribed number of public officials in general service, etc. In such cases, it shall be deemed that the prescribed number of public officials in general service, etc. is included in that of the State agency, etc. that has the power to employ such public officials in general service, etc. <Amended on Dec. 20, 2016> |
| (2) | Where a State agency, etc. that has not employed persons eligible for assistance in employment as public officials in general service, etc., at least at the specified employment proportion, intends to newly employ public officials in general service, etc., the head of the State agency, etc. shall preferentially employ public officials in general service, etc. among the persons eligible for assistance in employment recommended by the Minister of Patriots and Veterans Affairs, if such persons have been recommended by the Minister, notwithstanding provisions concerning employment of public officials in general service, etc. in other statutes. |
| (3) | When the Minister of Patriots and Veterans Affairs recommend persons eligible for assistance in employment under paragraph (2), the Minister shall recommend multiple candidates: Provided, That the Minister shall not recommend multiple candidates, if the number of persons eligible for recommendation is equal to or less than the number of persons to be employed. |
| (4) | Necessary matters concerning the procedure for requesting recommendation of persons eligible for assistance in employment under paragraph (2), the criteria for recommendation, preferable employment, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 29, 2016]
| Article 21-2 (Inspection of Actual Conditions of Employment by State Agencies) |
| (1) | State agencies, etc. shall notify the Minister of Patriots and Veterans Affairs of matters concerning the prescribed number and employment of public officials in general service, etc., among public officials of the Ministry, as prescribed by Presidential Decree. |
| (2) | If the Minister of Patriots and Veterans Affairs deems it necessary to inspect and examine actual conditions, etc. of employment, by a State agency, etc., of public officials in general service, etc., the Minister may request the State agency, etc. to submit relevant documents or may conduct an inspection or examination in any other manner; and may request the head of the State agency, etc. to rectify or supplement defects, if deemed necessary to rectify or supplement defects, in the inspection or examination. |
| (3) | Upon receipt of a request for rectification or supplementation under paragraph (2), the head of a State agency, etc. shall take necessary measures and shall notify the Minister of Patriots and Veterans Affairs of the results thereof. |
[This Article Wholly Amended on May 29, 2016]
| Article 21-3 (Obligation of Enterprises to Preferably Employ) |
| 3. | Other enterprises or organizations specified by Presidential Decree as institutions providing assistance in employment pursuant to subparagraph 2 of Article 20. |
[This Article Newly Inserted on May 29, 2016]
| Article 21-4 (Addition to Period of Work Experience) |
An institution providing assistance in employment pursuant to subparagraph 2 or 3 of Article 20 (hereinafter referred to as "enterprise, etc.") may add the period of military service of a preferably employed person eligible for assistance in employment to the period of work experience for the purpose of determining his or her salary class, as prescribed by Presidential Decree. [This Article Newly Inserted on May 29, 2016]
| Article 22 (Special Employment for Meritorious Service) |
| (1) | The Minister of Patriots and Veterans Affairs shall recommend multiple persons eligible for assistance, as prescribed by Presidential Decree, to an enterprise, etc. that fails to meet the employment rates referred to in Article 21-3, so that the enterprise, etc. can choose the persons that it will employ: Provided, That The Minister may not recommend multiple persons eligible for assistance in employment in any of the following cases: <Amended on Jan. 30, 2009; Aug. 4, 2011; Dec. 22, 2015; May 29, 2016> |
| 1. | Where a person eligible for assistance in employment falls under any of subparagraphs 1 through 3 of Article 19; |
| 2. | Deleted; <May 29, 2016> |
| 3. | Where the number of persons who can be recommended to an enterprise, etc., among persons eligible for assistance in employment who filed an application for assistance in employment, is equal to, or less than, the number of persons that the enterprise, etc. is to be ordered to employ; |
| 4. | Where it has been agreed with an enterprise, etc. not to recommend multiple persons; |
| 5. | Where the Minister of Patriots and Veterans Affairs concludes that it is difficult to recommend multiple persons due to any other cause. |
| (2) | Upon receipt of a recommendation of multiple persons eligible for assistance in employment pursuant to paragraph (1), an enterprise, etc. shall select persons to employ among the recommended persons, and shall notify the Minister of Patriots and Veterans Affairs of its 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 assistance in employment as prescribed by Presidential Decree as follows: <Newly Inserted on Jan. 30, 2009> |
| 1. | Where an enterprise, etc. has given notice under paragraph (2): Persons selected by an enterprise, etc. among persons eligible for assistance in employment; |
| 2. | Where an enterprise, etc. has not given notice under paragraph (2) without any justifiable reason specified by Presidential Decree (including where an enterprise, etc. has selected persons eligible for assistance in employment less than the number of persons it is to be ordered to employ and given notice): Persons selected, among multiple persons eligible for assistance in employment, recommended by the Minister of Patriots and Veterans Affairs; |
| 3. | Where multiple persons have not been recommended pursuant to the proviso, with the exception of the subparagraphs, of paragraph (1): Persons eligible for assistance in employment, designated by the Minister of Patriots and Veterans Affairs. |
| (4) | Where an enterprise, etc. is ordered, pursuant to paragraph (3), to employ a person who falls under Article 19 (1) 4 or 5, the upper age limit for assistance in employment of such person shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 23 (Notice of Employment) |
When the Minister of Patriots and Veterans Affairs issues an order pursuant to Article 22 (3), the Minister shall give notice of employment at the designated enterprise, etc. to the relevant person eligible for assistance in employment, as prescribed by Presidential Decree. <Amended on Jan. 30, 2009> [This Article Wholly Amended on Mar. 28, 2008]
| Article 24 (Additional Marks in Employment Examination) |
| (1) | When an institution providing assistance in employment conducts an employment examination in order to employ personnel, it shall apply additional marks in accordance with the following subparagraphs to the marks of persons who are eligible for assistance in employment and apply for the employment examination: <Amended on Dec. 22, 2015; May 29, 2016> |
| 1. | Persons eligible for assistance in employment and entitled to additional marks equivalent to 10 percent of full marks: |
| 2. | Persons eligible for assistance in employment and entitled to additional marks equivalent to five percent of full marks: |
| (2) | Where an employment examination referred to in paragraph (1) is divided into a written test, a performance test, an oral test, and other tests, additional marks shall be given for each test in accordance with each subparagraph of paragraph (1); During each test for at least two subjects, additional marks shall be given for each subject in accordance with each subparagraph of paragraph (1): Provided, That the foregoing shall not apply to a subject for which a person eligible for assistance in employment scores less than 40 percent of full marks or to a test for which the results cannot be converted into marks. <Amended on May 29, 2016> |
| (4) | If the number of persons who have scored the same marks exceeds the number of persons to be selected through an employment examination, persons eligible for assistance in employment, among the persons who have scored the same marks, shall be determined preferentially as persons who successfully pass the employment examination. <Amended on May 29, 2016> |
| (5) | The ranks, job grades, and positions eligible for additional marks in an employment examination, referred to in paragraphs (1) and (2), and other matters for additional marks in an employment examination, shall be prescribed by Presidential Decree. <Amended on May 29, 2016> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 24-2 (Calculation of Number of Persons Employed or Hired) |
| (1) | If the number of persons calculated by the proportion referred to in Articles 21 (1) and 21-3 (1) through (3) is less than one person, it shall be deemed one person, but, if such number is at least one person, any figure less than the decimal point shall be cut off. |
| (2) | If a person eligible for assistance in employment who has been employed as a public official in general service, etc. under Article 21 (2) or 24 or has been hired under Article 21-3, 22, or 24 (excluding cases where such person has been hired as a teaching staff member) is continuously employed, although the person was excluded from persons eligible for assistance in employment, such person shall be included in the number of persons calculated by the employment proportion or employment rates for the relevant institution providing assistance in employment. |
| (3) | Where a person eligible for assistance in employment has been employed or hired by any means other than an application for employment referred to in Article 21, 21-3, 22, or 24, such person eligible for assistance in employment shall not be included in the number of persons calculated by the employment proportion or employment rates for the relevant institution providing assistance in employment. |
| (4) | Where calculating the number of persons employed or hired pursuant to pursuant to Articles 21 (1) and 21-3, and paragraph (2) of this Article, employing or hiring persons injured in the course of performing a special mission who are determined by disability rating I, II, III, IV, or V shall be deemed employing or hiring double such number. <Newly Inserted on Oct. 31, 2017> |
[This Article Newly Inserted on May 29, 2016]
[Paragraph (4) of this Article shall remain in effective until December 31, 2022 under Article 2 of the Addenda to the Act No. 15034 (Oct. 31, 2017)]
| Article 25 (Restriction on Assistance in Employment) |
| (1) | A person eligible for assistance in employment who is employed pursuant to this Act shall perform their duties in good faith. |
| (2) | If a person eligible for assistance in employment falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may ban the person from filing an application for assistance in employment under Article 21-2 or 22 for a specified period or may restrict opportunities to file an application for such assistance, as prescribed by Presidential Decree: <Amended on Jan. 30, 2009; May 29, 2016> |
| 1. | Where he or she fails to accept a job without a justifiable reason upon receipt of a notice of employment under Article 23; |
| 2. | Where he or she quits a job without a justifiable reason, after being employed for the job under Article 21 or 22 and working for a period less than the period prescribed by Presidential Decree; |
| 3. | Where he or she has been dismissed from a job by disciplinary action due to neglect or dereliction of duty or commission of a fraudulent act. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 26 (Standards for Passing Physical Examination) |
The standards for a person of distinguished services during special missions, who is eligible for assistance in employment, to pass a physical examination 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 determination as to whether such person passes a physical examination shall be made by a medical institution specified by Presidential Decree. <Amended on Aug. 4, 2011>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 27 (Prohibition of Discrimination) |
| (1) | No institution providing assistance in employment shall treat a person employed pursuant to this Act (including new employees; hereinafter the same shall apply) more unfavorably than other employees in terms of all aspects of treatment, including the designation of a class of position or an assignment to a position, advancement, and promotion in rank, on the ground that he or she has been obligatorily employed. |
| (2) | If the Minister of Patriots and Veterans Affairs finds that an institution providing assistance in employment has discriminated against a person employed pursuant to this Act, in violation of paragraph (1), the Minister may request the institution to rectify such discrimination. <Amended on May 29, 2016> |
| (3) | Upon receipt of demand for rectification under paragraph (2), an institution providing assistance in employment shall take corrective measures accordingly and shall notify the Minister of Patriots and Veterans Affairs of the results of such measures. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 28 (Notice of Employment) |
If any of the following occurs, an institution providing assistance in employment shall notify the Minister of Patriots and Veterans Affairs of the details thereof:
| 1. | Where a person eligible for assistance in employment is employed; |
| 2. | Where a person employed pursuant to this Act quits his or her job or is dismissed or discharged. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 29 (Vocational Training) |
| (1) | The Minister of Patriots and Veterans Affairs may conduct rehabilitative vocational training programs for persons of distinguished services during special missions, as prescribed by Presidential Decree, so that they can learn techniques necessary for employment. <Amended on Aug. 4, 2011> |
| (2) | The Minister of Patriots and Veterans Affairs shall recommend persons eligible for assistance in employment to a workplace skill development training establishment under subparagraph 3 of Article 2 of the National Lifelong Vocational Skills Development Act so that they can attend training programs for developing workplace skills: In such cases, the number of persons to be recommended, among persons eligible for assistance in employment, shall be determined through consultation with the Minister of Employment and Labor within the maximum ratio of persons eligible for preferential vocational education and training under Article 10 of the Vocational Education and Training Promotion Act. <Amended on May 31, 2010; Jun. 4, 2010; Dec. 22, 2015; Aug. 17, 2021> |
| (3) | Expenses incurred in rehabilitative vocational training programs under paragraph (1) and training programs for developing workplace skills under paragraph (2) shall be borne by the State. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 29-2 (Provision of Incentive for Development of Skills) |
| (1) | The Minister of Patriots and Veterans Affairs may provide a full or partial subsidy for expenses incurred in developing qualifications or skills necessary for employment, or an incentive for such purposes to persons eligible for assistance in employment within budgetary limits. <Amended on Jan. 30, 2009> |
| (2) | Necessary matters concerning the criteria for, the scope of, and the procedure for the provision of subsidies for expenses or incentives under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 30 (Reporting by Enterprises) |
| (1) | Enterprises, etc. shall report to the Minister of Patriots and Veterans Affairs the types of business, the types of job, the number of employees, the qualification criteria for employees, and other matters concerning employment, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
| (2) | If the Minister of Patriots and Veterans Affairs finds that the details of a report submitted pursuant to paragraph (1) are insufficient or that it is particularly necessary to ascertain actual conditions, the Minister may authorize relevant public officials to enter the involved enterprise, etc. or an enterprise, etc. deemed involved and to request the enterprise, etc. to provide an explanation, as may be necessary, or to submit relevant documents. <Amended on Dec. 22, 2015> |
| (3) | In cases of paragraph (2), the relevant public official shall carry with him or her an identification card certifying his or her authority and produce it to persons concerned. |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Dec. 22, 2015]
| Article 31 Deleted. <May 29, 2016> |
CHAPTER IV MEDICAL ASSISTANCE
| Article 32 (Medical Assistance) |
The State shall provide medical assistance to persons of distinguished services during the special missions and their family members, bereaved or not, so that they can keep healthy life and receive medical treatment, etc., as may be necessary. <Amended on Aug. 4, 2011; Dec. 22, 2015>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 33 (Medical Treatment) |
| (1) | Where a person injured in the course of performing a special mission needs medical treatment for his or her wounds or suffers from a disease (including injuries; hereinafter the same shall apply in this Article), he or she shall be entitled to medical treatment at a medical institution operated by the State [including veterans hospitals under Article 7 of the Korea Veterans Health Service Act (hereinafter referred to as "veterans hospitals")] or by a local government, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to a disease caused by his or her intentional act. <Amended on Dec. 22, 2015; Apr. 20, 2021> |
| (2) | The State may entrust medical treatment under paragraph (1) to medical institutions 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, part of such expenses may be borne by a local government, as prescribed by Presidential Decree, where medical treatment is provided by a medical institution operated by the local government. <Amended on Dec. 22, 2015> |
| (4) | Where a person whose injury is diagnosed as lower than the disability rating specified by Presidential Decree, among persons injured in the course of performing a special mission, receives medical treatment for any disease other than his or her injury at a medical institution specified in paragraph (1) or a medical institution to whom medical treatment is entrusted under paragraph (2), the person may be required to bear part of expenses incurred in such medical treatment, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015> |
| (5) | Any of the following persons shall be entitled to medical treatment in veterans hospitals. In such cases, such person shall be entitled to full or partial exemption from expenses incurred in such medical treatment, as prescribed by Presidential Decree, in the scope of expenses to be borne by such person; and the Minister of Patriots and Veterans Affairs shall pay the exempted expenses to the Korea Veterans Welfare and Healthcare Corporation established under the Korea Veterans Welfare and Healthcare Corporation (hereinafter referred to as the "Corporation"): <Newly Inserted on Dec. 22, 2015; Apr. 20, 2021> |
| 1. | A person of distinguished services for special mission; |
| 2. | A spouse of a person of distinguished services during special missions; |
| 3. | One person whose priority is higher than that of other bereaved family members of a person of distinguished services during special missions according to the order of priority under Article 4 (1). In such cases, if the father or mother of a person of distinguished services during special missions has higher priority, the mother or father of such person shall be included. |
| (7) | Necessary matters concerning medical assistance, including the methods and procedure for medical treatment or subsidization of medical expenses provided under paragraphs (1) through (6), and the scope, upper limit, etc., of such medical treatment or subsidization of medical expenses, shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 33-2 (Medical Treatment in Disaster Situations) |
Notwithstanding the former part, with the exception of the subparagraphs, of Article 33 (5), where a disaster defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety occurs and such disaster causes or is likely to cause a serious disruption to medical treatment in veterans hospitals, the State may entrust medical treatment under Article 33 (5) to a medical institution, other than veterans hospitals. In such cases, medical expenses shall be reduced or exempted as prescribed by Presidential Decree, and the expenses reduced or exempted shall be borne by the State. [This Article Newly Inserted on Apr. 20, 2021]
| Article 34 (Supply of Prosthetic Appliances) |
A prosthetic appliance may be supplied to a person who was injured and needs the prosthetic appliance for his or her physical disability among persons of distinguished services during special missions, as prescribed by Presidential Decree. <Amended on Aug. 4, 2011>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 35 Deleted. <Dec. 22, 2015> |
| Article 36 (Medical Rehabilitation) |
| (1) | The Minister of Patriots and Veterans Affairs shall prepare measures for medical rehabilitation and rehabilitative sports and shall conduct programs for such measures in order to prevent the deterioration of physical functions of wounded persons, among persons of distinguished services during special missions and to help them recover such functions. <Amended on Aug. 4, 2011> |
| (2) | If the Minister of Patriots and Veterans Affairs considers it necessary for medical rehabilitation and the promotion of rehabilitative sports, the Minister may entrust such programs to the Corporation. In such cases, the Minister may subsidize all or part of the expenses therefor within budgetary limits. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 36-2 (Psychological Rehabilitation) |
| (1) | The Minister of Patriots and Veterans Affairs shall prepare measures for psychological rehabilitation services, such as psychological counseling, and conduct programs for such measures in order to provide persons of distinguished services during special missions and their family members, bereaved or not, with psychological stability and to help them adapt to society. |
| (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 37 (Subsidization of Costs and Expenses for Securing Medical Facilities) |
The Minister of Patriots and Veterans Affairs may provide subsidies to the Corporation for costs and expenses for securing facilities necessary for medical assistance under this Act and expenses for the maintenance and management of such facilities within budgetary limits.
[This Article Wholly Amended on Mar. 28, 2008]
The State may lend long-term loans at a low interest rate to persons of distinguished services during special missions and their family members, bereaved or not, for their self-support and the stabilization of their livelihood. <Amended on Aug. 4, 2011>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 39 (Persons Eligible for Loans) |
The following persons shall be eligible for loans: <Amended on Aug. 4, 2011; Dec. 22, 2015>
| 1. | A person of distinguished services during special missions; |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 40 (Financial Resources for Loans) |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 41 (Types of Loans) |
Types of loans are as follows:
| 1. | Loans for purchasing farmland; |
| 2. | Housing loans (referring to loans for purchasing a residential house, loans for purchasing a housing site, loans for construction of a new residential house, loans for renovation of a residential house, and loans for leasing a residential house; the same shall apply hereinafter); |
| 4. | Loans for stabilization of livelihood. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 42 (Upper Limit on Loans) |
| (1) | The Minister of Patriots and Veterans Affairs shall determine the upper limit on each type of loan within the limit of loan resource. |
| (2) | When the Minister of Patriots and Veterans Affairs makes a loan under subparagraph 1 or 2 of Article 41, the Minister shall do so within the following limitations: |
| 1. | Loans for purchasing farmland: Not more than the appraised value of the farmland involved; |
| 2. | Loans for purchasing a residential house, loans for purchasing a housing site, or loans for construction of a new residential house: Not more than the appraised value of the residential house or housing site; |
| 3. | Loans for renovation of a residential house: Not more than the expenses incurred in the renovation of the residential house; |
| 4. | Loans for leasing a residential house: Not more than the lease deposit amount. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 43 (Interest Rates of Loans) |
Interest rates of loans shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 44 (Loan Applications) |
| (1) | A person who desires to obtain a loan shall file a loan application with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree, but if a person who desires to obtain a loan satisfies at least two requirements for loan eligibility, such person shall choose one of such loans and file an application for the loan. No person shall be allowed to change the choice once made even when he or she files another loan application after obtaining a loan. |
| (2) | Upon receipt of a loan application under paragraph (1), the Minister of Patriots and Veterans Affairs shall prepare criteria for making a decision on whether to make the loan and shall make the loan in accordance thereto. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 45 (Repayment Term of Loans) |
| (1) | Loan amounts shall be repaid in installments within the following periods, as prescribed by Presidential Decree: |
| 1. | Loans for purchasing farmland: 12 years following a deferment of three years; |
| 2. | Housing loans: 20 years; |
| 3. | Business loans: 15 years; |
| 4. | Loans for stabilization of livelihood: 5 years. |
| (2) | If the Minister of Patriots and Veterans Affairs finds that a person who obtained a loan has difficulties in repaying the loan, the Minister may extend the repayment term by not more than three years. <Amended on Jan. 30, 2009> |
| (3) | Where a person who obtained a loan has used the loan for any purpose other than the originally designated purpose, the Minister of Patriots and Veterans Affairs may demand that the person repay the loan, as prescribed by Presidential Decree, notwithstanding the repayment term under paragraph (1). <Amended on Jan. 30, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 46 (Sale of Residential Houses) |
Where necessary to supply residential houses to persons eligible for loans, the Minister of Patriots and Veterans Affairs may construct residential houses with the financial resources under Article 40 and sell by units, lease, or manage such residential houses: Provided, That if he or she considers it particularly necessary depending on the demand and supply of residential houses, the Minister may sell by units or lease such residential houses to any persons other than persons eligible for loans. [This Article Wholly Amended on Mar. 28, 2008]
| Article 47 (Provision of Subsidies) |
Subsidies may be provided, within budgetary limits, to persons who obtained a loan for purchasing farmland or a housing loan (excluding loans for purchasing a housing unit and loans for renovation of a residential house), among persons eligible for loans, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
| (1) | The Minister of Patriots and Veterans Affairs may issue a letter of guarantee for the payment of a loan to a person who intends to obtain a loan for purchasing farmland or a housing loan (excluding loans for renovation of a residential house and loans for leasing a residential house; hereafter the same shall apply in this Article), as prescribed by Presidential Decree, so that the person may easily purchase the farmland or residential house. <Amended on Mar. 28, 2008> |
| (2) | A person who obtains a loan for purchasing farmland or a housing loan shall offer the property that he or she acquires with the loan to the State as a collateral until he or she completes the repayment of the loan. <Amended on Mar. 28, 2008> |
| (3) | Where a person intends to obtain a loan for purchasing a residential house in order to purchase an apartment or a unit of a multi-unit dwelling building, the Minister of Patriots and Veterans Affairs may, if it is anticipated that the registration of ownership of the residential house is likely to be delayed for a considerable period due to a cause not attributable to the person who intends to obtain the loan, apply paragraph (5) mutatis mutandis to the person and allow the person to offer other collateral without securing the residential house as a collateral until the residential house can be offered as a collateral, notwithstanding paragraph (2). <Amended on Mar. 28, 2008> |
| (4) | Deleted. <Mar. 28, 2008> |
| (5) | A person who obtains a loan for renovation of a residential house, a loan for leasing a residential house, a business loan, or a loan for stabilization of livelihood shall offer real property to the State as a collateral: Provided, That the Minister of Patriots and Veterans Affairs may allow a person who obtains a loan to furnish a guarantor or offer other property as security if the borrower has no real property to offer as a collateral. <Amended on Mar. 28, 2008> |
| (6) | If the Minister of Patriots and Veterans Affairs concludes that it is difficult to secure a loan with only the collateral under paragraphs (2), (3), and (5), the Minister may take measures as may be necessary for securing the loan. <Amended on Mar. 28, 2008> |
| (7) | A person who obtained a loan for purchasing farmland or a housing loan shall, if any of the following events occurs, offer to the State as a collateral real property with a value of not less than the loan amount that he or she has not yet repaid in replacement of the property already offered, subject to prior approval of the Minister of Patriots and Veterans Affairs: Provided, That a person shall offer to the State the real property that he or she newly purchases as a collateral in the case of subparagraph 3: <Amended on Mar. 28, 2008> |
| 1. | Where the property offered as a collateral is expropriated pursuant to an Act (excluding partial expropriation if there is no problem in securing the loan); |
| 2. | Where replacement of the property offered as a collateral with other property is unavoidable due to a natural disaster, calamity, or any similar cause or event; |
| 3. | Where other real property for an identical purpose of use has been purchased because selling the farmland or residential house acquired with the loan was unavoidable. |
| (8) | If it is unavoidable for a person who obtained a loan for renovation of a residential house, a loan for leasing a residential house, a business loan, or a loan for stabilization of livelihood to replace the real property offered as a collateral with other property due to a problem in business operations or any other unavoidable cause or event, the person shall offer to the State other real property with a value of not less than the loan amount that he or she has not yet repaid or other asset specified by the Minister of Patriots and Veterans Affairs as security: Provided, That offering any asset other than real property as security shall be allowed only where the amount of debt that a person has not yet repaid is not more than the amount set by the Minister of Patriots and Veterans Affairs. <Amended on Mar. 28, 2008> |
| (9) | The Minister of Patriots and Veterans Affairs shall immediately complete the process for mortgage cancellation when a loan is fully repaid. <Amended on Mar. 28, 2008> |
| Article 49 Deleted. <Jan. 30, 2009> |
| Article 50 Deleted. <Mar. 28, 2008> |
| Article 51 (Assumption of Obligations) |
| (1) | Where an asset offered as a collateral was put on auction to satisfy a mortgage on the asset offered as a collateral and the successful bidder is a person eligible for loans under Article 39, 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 pre-existing loans in substitution for the payment of the purchase price up to an amount not exceeding the dividend that the State may receive out of the successful bid price. |
| (2) | Article 48 (2) shall apply mutatis mutandis to a person who assumes obligations pursuant to paragraph (1). |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 52 (Purchase of Asset Offered as Collateral) |
| (1) | Where an asset offered as a collateral is put on auction to satisfy a mortgage on the asset offered as a collateral, the Minister of Patriots and Veterans Affairs may purchase the asset offered as a collateral in accordance with the procedure under the Civil Execution Act. Article 113 of the Civil Execution Act shall not apply to such cases. |
| (2) | The Minister of Patriots and Veterans Affairs may manage and dispose of an asset offered as a collateral and purchased pursuant to paragraph (1). If the asset purchased is farmland, it shall be sold to a farmer or an agricultural corporation under the Farmland Act. |
| (3) | Guidelines for the purchase price of an asset offered as a collateral when it is sold pursuant to paragraph (1) and the selling price of such asset when it is disposed of pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 53 (Succession to Loans) |
| (1) | If a person who obtained a loan dies during the repayment term of the loan, 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 on his or her succession with the Minister of Patriots and Veterans Affairs. In such case, if there are a number of persons who succeed to obligations related to a loan, they shall appoint one representative who shall take responsibility for the management of the real property acquired with the loan and they shall file a joint report. <Amended on Jan. 30, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER VI ESTABLISHMENT AND SUPPORT OF ORGANIZATIONS
| Article 54 (Legal Personality) |
| (1) | A Korean Association of Persons of Distinguished Services during Special Missions (hereinafter referred to as the "Association of Persons of Distinguished Services during Special Missions") shall be established in order to promote amity and mutual aid among persons of distinguished services during special missions and bereaved family members of such persons to improve their capabilities of self-support and to advance rights and interests of persons of distinguished services during special missions and bereaved family members of such persons, which shall be a legal entity. <Amended on Aug. 4, 2011> |
| (2) | The Association of Persons of Distinguished Services during Special Missions shall be duly formed when it prepares articles of association, subject to the prior approval of the Minister of Patriots and Veterans Affairs, and completes the registration of its establishment. <Amended on Aug. 4, 2011> |
| (3) | Provisions applicable to incorporated associations in the Civil Act shall apply mutatis mutandis to the Association of Persons of Distinguished Services during Special Missions, except as otherwise provided in this Act. <Amended on Aug. 4, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 55 (Prohibition of Use of Similar Name) |
An association called "Association of Persons of Distinguished Services during Special Missions" that doesn't comply with this Act may not be established, and no one, except the Association of Persons of Distinguished Services during Special Missions under this Act, may use any similar name thereto. <Amended on Aug. 4, 2011>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 56 (Prohibition of Political Activities) |
| (1) | The Association of Persons of Distinguished Services during Special Missions shall not engage in political activities. <Amended on Aug. 4, 2011> |
| (2) | No executive officer of the Association of Persons of Distinguished Services during Special Missions or its chapter or sub-chapter shall serve as a representative, executive officer, or accounting manager of any political party under the Political Parties Act. <Amended on Aug. 4, 2011> |
| (3) | If an executive officer of the Association of Persons of Distinguished Services during Special Missions or its chapter or sub-chapter violates paragraph (2), he or she shall be dismissed from his or her office. <Amended on Aug. 4, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 57 (Articles of Association) |
| (1) | The articles of association of the Association of Persons of Distinguished Services during Special Missions shall stipulate the following matters: <Amended on Aug. 4, 2011> |
| 2. | Location of its office; |
| 3. | Matters concerning business operations; |
| 4. | Matters concerning the rights and obligations of members; |
| 5. | Matters concerning general meetings and the board of directors; |
| 6. | Matters concerning executive organs and allotment of duties; |
| 7. | Matters concerning membership fees, assets, and audits; |
| 8. | Matters concerning the amendment to articles of association; |
| 9. | Matters concerning executive officers and employees; |
| 10. | Matters concerning dissolution; |
| 11. | Matters concerning rules and other matters necessary for operation. |
| (2) | Where the Association of Persons of Distinguished Services during Special Missions intends to amend its articles of association, it shall obtain authorization therefor from the Minister of Patriots and Veterans Affairs. <Amended on Aug. 4, 2011> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 58 (Business Activities) |
| (1) | The Association of Persons of Distinguished Services during Special Missions shall engage in the following business activities: <Amended on Jan. 30, 2009; Aug. 4, 2011; May 29, 2016> |
| 1. | Promoting amity among persons of distinguished services during special missions and their bereaved family members through mutual aid; |
| 2. | Improving the welfare of persons of distinguished services during special missions and their bereaved family members and advancing their rights and interests; |
| 3. | Activities for venerating the honor of persons of distinguished services during special missions and commemorating them; |
| 4. | Inspiring enthusiasm for the national defense and raising patriotism; |
| 5. | Profitable projects for carrying out the business activities under subparagraphs 1 through 4 and incidental projects thereto. |
| (2) | In any of the following cases, the State, a local government, or any other public institution (hereinafter referred to as "public entity") may execute a non-bid contract with the Association of Persons of Distinguished Services during Special Missions that operates profitable projects under paragraph (1): <Newly Inserted on May 29, 2016> |
| 1. | Where a public entity purchases products directly produced by the Association of Persons of Distinguished Services during Special Missions; |
| 2. | Where a public entity directly sells or leases an asset to the Association of Persons of Distinguished Services during Special Missions; |
| 3. | Where a public entity executes service contracts with the Association of Persons of Distinguished Services during Special Missions. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 58-2 (Approval of Profitable Projects) |
| (1) | When the Association of Persons of Distinguished Services during Special Missions intends to implement a profitable project pursuant to Article 58 (1) 5, it shall obtain approval of the relevant profitable project from the Minister of Patriots and Veterans Affairs after deliberation and resolution by the Committee for Deliberation on Welfare Programs referred to in Article 58-5. <Amended on May 29, 2016; Jun. 8, 2021> |
| (2) | Where the Association of Persons of Distinguished Services during Special Missions that has obtained approval of a profitable project under paragraph (1) intends to change approved matters, it shall obtain approval for such change from the Minister of Patriots and Veterans Affairs: Provided, That any change is to be made to minor matters prescribed by Ordinance of the Prime Minister, such change shall be reported to the Minister of Patriots and Veterans Affairs. <Amended on Jun. 8, 2021> |
| (3) | The Association of Persons of Distinguished Services during Special Missions that intends to obtain approval of a profitable project under paragraph (1) shall meet all of the following requirements: <Amended on Jun. 8, 2021> |
| 1. | A type of business or item shall be deemed appropriate for the Association of Persons of Distinguished Services during Special Missions in consideration of it financing capacity, ability to conduct business, and the scale of investment, the current status of operating other profitable projects, etc.; |
| 2. | The Association of Persons of Distinguished Services during Special Missions shall directly produce goods or directly provide services by furnishing facilities, human resources, etc. for profitable projects; |
| 3. | Where any profits accrue from profitable projects, the relevant profits shall be used only for the purpose of establishing the Association of Persons of Distinguished Services during Special Missions. |
| (4) | The Association of Persons of Distinguished Services during Special Missions, approval of a profitable project of which is revoked pursuant to Article 58-11 (1), shall not obtain approval of the relevant profitable project for one year from the date of such revocation. <Newly Inserted on Jun. 8, 2021> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for procedures for approval, changes in approved matters, requirements for approval, 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 58-3 (Effective Period of Approval) |
| (1) | The effective period of approval of a profitable project prescribed in Article 58-2 (1) shall be three years from the date the approval is obtained. |
| (2) | Where the Association of Persons of Distinguished Services during Special Missions that has obtained approval of a profitable project pursuant to Article 58-2 (1) intends to continue to conduct such profitable project even after its effective period expires, it may file an application for extending the effective period by up to three years before such period expires. The same shall also apply where the extended effective period is to be re-extended. |
| (3) | Matters necessary for applications for extending the effective period, etc. shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 58-3 moved to Article 58-5 <Jun. 8, 2021>]
| Article 58-4 (Prohibition of Lending Name) |
| (1) | The Association of Persons of Distinguished Services during Special Missions which has obtained approval of a profitable project pursuant to Article 58-2 (1) shall not lend its name to any third person to allow him or her to perform the profitable project. |
| (2) | No person other than the Association of Persons of Distinguished Services during Special Missions shall use its name to engage in any profitable project. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 58-4 moved to Article 58-6 <Jun. 8, 2021>]
| Article 58-5 (Establishment of the Committee for Deliberation on Welfare Programs) |
| (1) | The Association of Persons of Distinguished Services during Special Missions shall have a committee for deliberation on welfare programs (hereinafter referred to as the "Deliberation Committee") in order to have the Deliberation Committee deliberate on the management of profitable projects. |
| (2) | The Deliberation Committee shall deliberate and resolve on the following matters: |
| 1. | Matters concerning the creation, discontinuance, and abolition of profitable projects; |
| 2. | Matters concerning the determination of the scale, etc., of investments in profitable projects; |
| 3. | Matters concerning the plan for the use of profits and the amendment of the plan for such use; |
| 4. | Matters concerning the results of audits of profitable projects and the appropriateness of profitable projects; |
| 5. | Other significant matters concerning the management of profitable projects. |
| (3) | The Deliberation Committee shall be comprised of at least five members but not exceeding 10 members, including one chairperson; and committee members shall be comprised of the following persons: |
| 1. | Two executive officers or employees appointed by the chairperson of the Association of Persons of Distinguished Services during Special Missions; |
| 2. | The following persons appointed or commissioned by the Minister of Patriots and Veterans Affairs. In such cases, the persons specified in items (b) through (d) shall not be appointed or commissioned from among public officials of the Ministry of Patriots and Veterans Affairs or persons who belong to the Association of Persons of Distinguished Services during Special Missions: |
| (a) | One public official of the Ministry of Patriots and Veterans Affairs; |
| (b) | At least one attorney-at-law; |
| (c) | At least one certified public accountant; |
| (d) | Other persons whom the Minister of Patriots and Veterans Affairs deems necessary from among persons who have substantial expertise and experience related to profitable projects. |
| (4) | The chairperson of the Deliberation Committee shall be elected by and from among committee members. |
| (5) | When the Deliberation Committee deliberates and resolve on any of the matters specified in paragraph (2) 1, it shall take into consideration profitability, potential growth, and stability of the relevant profitable project, its impact on the market, etc. |
| (6) | The Association of Persons of Distinguished Services during Special Missions shall manage profitable projects after undergoing deliberation and resolution by the Deliberation Committee on the matters specified in paragraph (2); and shall comply with the results of the deliberation and resolution by the Deliberation Committee, except in extenuating circumstances: Provided, That, if the Association of Persons of Distinguished Services during Special Missions has any objection to the results of the deliberation and resolution by the Deliberation Committee, 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 the Deliberation Committee shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Feb. 3, 2015]
[Moved from Article 58-3; previous Article 58-5 moved to Article 58-11 <Jun. 8, 2021>]
| Article 58-6 (Operation of Deliberation Committee) |
| (1) | The chairperson shall represent the Deliberation Committee and shall administer all administrative affairs. |
| (2) | If the chairperson is unable to perform his or her duties due to extenuating circumstances, the committee member designated by the Deliberation Committee shall act on behalf of 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) | Except as provided in paragraphs (1) through (3), matters necessary for the operation of the Deliberation Committee shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Feb. 3, 2015]
[Moved from Article 58-4; previous Article 58-6 moved to Article 58-12 <Jun. 8, 2021>]
| Article 58-7 (Use of Profits) |
| (1) | Profits from profitable projects shall be used for the welfare of members of the Association of Persons of Distinguished Services during Special Missions, its operation, and the objectives of its establishment, but welfare programs for members shall take priority over other uses. |
| (2) | The Association of Persons of Distinguished Services during Special Missions 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 the 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 Association of Persons of Distinguished Services during Special Missions shall undergo an audit conducted by a certified accounting agency (referring to an accounting corporation established under Article 23 of the Certified Public Accountant Act and designated by the Deliberation Committee; hereafter in this Article, the same shall apply) on any profitable project whose scale is at least that 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) within the period prescribed by Ordinance of the Prime Minister and submit the results thereof to the Association of Persons of Distinguished Services during Special Missions. In such cases, the Association of Persons of Distinguished Services during Special Missions shall submit the results of the audit to the Deliberation Committee within 15 days after the audit is completed. |
| (3) | The Deliberation Committee may present its opinion on the operation of profitable projects 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 profitable projects performed by the Association of Persons of Distinguished Services during Special Missions pursuant to Article 58 (1) 5. |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 58-9 (Fact-Finding Surveys) |
| (1) | The Minister of Patriots and Veterans Affairs may conduct fact-finding surveys regarding the operation of profitable projects to ensure that the Association of Persons of Distinguished Services during Special Missions conducts such projects in a sound manner. |
| (2) | Where necessary for fact-finding surveys under paragraph (1), the Minister of Patriots and Veterans Affairs may request the head of the relevant 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 (hereinafter referred to as the "head of the relevant agency") to submit data. In such cases, the head of the relevant agency in receipt of a request to submit data shall comply with such request unless there is good cause. |
| (3) | Matters necessary for 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 58-10 (Disclosure of Information or Data on Profitable Projects) |
| (1) | The Minister of Patriots and Veterans Affairs shall disclose the following information or data regarding the Association of Persons of Distinguished Services during Special Missions that has obtained approval of profitable projects under Article 58-2 (1) within 180 days after the end of each fiscal year, as prescribed by Ordinance of the Prime Minister: |
| 1. | Data on the results of audits conducted under Article 58-8; |
| 2. | Financial and accounting data prepared in compliance with the financial and accounting standards prescribed in Article 68-2; |
| 3. | Other information or data prescribed by Ordinance of the Prime Minister in relation to the current status, etc. of the operation of profitable projects. |
| (2) | Where necessary to disclose information or data under paragraph (1), the Minister of Patriots and Veterans Affairs may request the head of the relevant agency to submit data on the Association of Persons of Distinguished Services during Special Missions that has obtained approval of profitable projects under Article 58-2 (1). In such cases, the head of the relevant agency in receipt of a request to submit data shall comply with such request unless there is good reason. |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 58-11 (Suspension or Revocation of Approval of Profitable Projects) |
| (1) | Where the Association of Persons of Distinguished Services during Special Missions that has obtained approval of a profitable project under Article 58-2 (1) falls under any of the following cases, the Minister of Patriots and Veterans Affairs may order it to suspend the relevant profitable project for up to six months or may revoke approval thereof: Provided, That in cases falling under subparagraph 1, 2, or 5, the approval shall be revoked: |
| 1. | Where it obtains approval of the profitable project or approval for change thereof under Article 58-2 (1) and (2) by fraud or other improper means; |
| 2. | Where it discontinues the profitable project approved under Article 58-2 (1); |
| 3. | Where it ceases to conduct the profitable project approved under Article 58-2 (1) for at least two years; |
| 4. | Where it fails to meet the requirements for approval prescribed in Article 58-2 (3); |
| 5. | Where it lends its name to any third person and allows him or her to engage in the profitable project, in violation of Article 58-4 (1); |
| 6. | Where it refuses, obstructs, or evades an audit prescribed in Article 58-8 (1) or a regular audit and inspection specified in Article 58-8 (4); |
| 7. | Where it refuses, obstructs, or evades a fact-finding survey conducted under Article 58-9 (1); |
| 8. | Where it fails to comply with corrective measures prescribed in Article 66; |
| 9. | Where it refuses, obstructs, or evades an investigation or inspection conducted under Article 67 (1); |
| 10. | Where it refuses to submit reports, documents, or data under Article 68, submits false reports, documents, or data; |
| 11. | Where it conducts a profitable project during the period of suspension of such project; |
| (2) | Where the Minister of Patriots and Veterans Affairs suspends a profitable project or revokes approval thereof pursuant to paragraph (1), he or she may allow the Association of Persons of Distinguished Services during Special Missions to continue performing business affairs under a contract with regard to the relevant profitable project that has been concluded before such suspension or revocation. |
| (3) | Where the Minister of Patriots and Veterans Affairs allows the Association of Persons of Distinguished Services during Special Missions to perform business affairs under a contract with regard to the relevant profitable project pursuant to paragraph (2), it shall notify the other party to the relevant contract of the fact that the profitable project has been suspended or approval thereof has been revoked under paragraph (1) and the details thereof within the period prescribed by Ordinance of the Prime Minister. |
| (4) | Matters necessary for detailed standards, etc. for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Prime Minister. |
[This Article Wholly Amended on Jun. 8, 2021]
[Moved from Article 58-5 <Jun. 8, 2021>]
When the Minister of Patriots and Veterans Affairs intends to revoke approval of a profitable project under Article 58-11 (1), he or she shall hold a hearing. <Amended on Jun. 8, 2021> [This Article Newly Inserted on Feb. 3, 2015]
[Moved from Article 58-6 <Jun. 8, 2021>]
| Article 59 (Membership Qualification) |
The following persons shall be qualified for membership in the Association of Persons of Distinguished Services during Special Missions: <Amended on Aug. 4, 2011>
| 1. | A person of distinguished services during special missions; |
| 2. | A person registered as a bereaved family member of a person of distinguished services during special missions pursuant to Article 6. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 60 (Organizational Structure) |
| (1) | The Association of Persons of Distinguished Services during Special Missions may have the headquarters, chapters, and sub-chapters. <Amended on Jan. 30, 2009; Aug. 4, 2011> |
| (2) | The Association of Persons of Distinguished Services during Special Missions shall have its headquarters in Seoul Special Metropolitan City, a chapter in Seoul Special Metropolitan City and each Metropolitan City, Do, and Special Self-Governing Province, and a sub-chapter in each Si (including an administrative Si; hereafter the same shall apply in this Article), Gun, and Gu (referring to an autonomous Gu; hereafter the same shall apply in this Article). <Amended on Jan. 30, 2009; Aug. 4, 2011> |
| (3) | The Minister of Patriots and Veterans Affairs may, if necessary in view of the number of members, geographic conditions, and other factors, require the Association of Persons of Distinguished Services during Special Missions to consolidate sub-chapters in Sis or Guns or Gus adjoining to each other to establish a single sub-chapter. <Newly Inserted on Jan. 30, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 61 (Executive Officers) |
| (1) | The headquarters of the Association of Persons of Distinguished Services during Special Missions shall have the following executive officers: <Amended on Aug. 4, 2011> |
| 2. | Two vice-chairpersons; |
| 3. | Not more than 10 directors; |
| (2) | The Association of Persons of Distinguished Services during Special Missions shall have one secretary general. <Amended on Aug. 4, 2011> |
| (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 organization and shall have overall control over the business affairs of the organization. |
| (6) | The vice-chairpersons shall assist the chairperson, and a vice-chairperson so designated by the chairperson shall act on behalf of the chairperson when the chairman has an accident. |
| (7) | The auditors shall audit the accounting of the Association of Persons of Distinguished Services during Special Missions and the business affairs related to accounting. <Amended on Aug. 4, 2011> |
| (8) | The secretary general shall carry out the affairs of the Association in compliance with the orders of the chairperson. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 62 (Chapter Heads) |
| (1) | Each chapter of the Association of Persons of Distinguished Services during Special Missions shall have one chapter head, each sub-chapter shall have one sub-chapter head, and the method of appointment shall be stipulated by the articles of association. <Amended on Jan. 30, 2009; Aug. 4, 2011> |
| (2) | Neither a chapter head nor a sub-chapter head under paragraph (1) shall hold concurrent office as a representative. <Amended on Jan. 30, 2009> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 63 (General Meeting) |
| (1) | A general meeting shall consist of the chairperson, vice-chairpersons, secretary general, directors, chapter heads, and representatives. |
| (2) | The fixed number of representatives under paragraph (1), the method of election of the representatives, minutes of the general meeting, and other relevant matters shall be stipulated by the articles of association. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 64 (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) | If the chairperson finds it difficult to convene a general meeting due to a natural disaster or a state of emergency, the chairperson may authorize the board of directors to exercise the power of the general meeting vicariously, subject to the prior approval of the Minister of Patriots and Veterans Affairs. In such cases, resolutions shall be subject to approval at a general meeting later convened. |
[This Article Wholly Amended on Mar. 28, 2008]
The State or a local government may grant subsidies as necessary for the operation, etc. of the Association of Persons of Distinguished Services during Special Missions, within budgetary limits. <Amended on Aug. 4, 2011; May 29, 2016>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 65-2 (Preferential Sale of State-Owned or Public Property) |
| (1) | If necessary for the operations and welfare programs of the Association of Persons of Distinguished Services during Special Missions, the State or a local government may sell state-owned or public property preferentially to the Association of Persons of Distinguished Services during Special Missions, or loan such property to it onerously or gratuitously, or allow it to use or profit from such property. <Amended on Aug. 4, 2011> |
| (2) | The State or a local government may, if necessary for the operations and welfare programs of the Association of Persons of Distinguished Services during Special Missions, gratuitously grant concessions for commodities, or loan them onerously or gratuitously to the Association of Persons of Distinguished Services during Special Missions, notwithstanding the Commodity Management Act or the Public Property and Commodity Management Act. <Amended on Aug. 4, 2011, Mar. 13, 2018> |
| (3) | When the State or a local government intends to sell or lease state-owned or public property to the Association of Persons of Distinguished Services during Special Missions or allows it to use or profit from such property pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs may request the head of the relevant central administrative agency or the head of a local government (including persons to whom business affairs regarding the management and disposal of state-owned or public property are delegated or entrusted under statutes or regulations) to submit materials with regard to the relevant contracts, permission, or approval, as prescribed by Ordinance of the Prime Minister. In such cases, the head of an agency in receipt of a request to submit materials shall comply with such request, unless there is good reason. <Newly Inserted on Jun. 8, 2021> |
| (4) | Where the Association of Persons of Distinguished Services during Special Missions intends to dispose of the property purchased under paragraph (1) (referring to the transfer of ownership by means of sale, exchange, transfer, trust, investment in kind, etc.; hereinafter the same shall apply), it shall report to the Minister of Patriots and Veterans Affairs matters prescribed by Presidential Decree, such as the details and the terms and conditions of a contract for the relevant disposal, before concluding the relevant contract, as prescribed by Ordinance of the Prime Minister. <Newly Inserted on Jun. 8, 2021> |
[This Article Newly Inserted on Jan. 30, 2009]
| Article 66 (Corrective Measures) |
In any of the following cases, the Minister of Patriots and Veterans Affairs may order the Association of Persons of Distinguished Services during Special Missions to take corrective measures:
| 1. | If the Association of Persons of Distinguished Services during Special Missions violates an Act or executes a profitable project for any purpose other than the purposes of its establishment; |
| 2. | If the Association of Persons of Distinguished Services during Special Missions uses its profits for any purpose other than the purposes specified in the plan for the use of profits; |
| 3. | If the Association of Persons of Distinguished Services during Special Missions breaches an instruction given under this Act or any of the statutes specified by Ordinance of the Prime Minister or violates any provision of its articles of association. |
[This Article Wholly Amended on Feb 3, 2015]
| Article 67 (Investigation and Inspection by Administrative Authorities) |
| (1) | If the Minister of Patriots and Veterans Affairs considers it necessary, the Minister may assign competent public officials to investigate the status of bookkeeping of the Association of Persons of Distinguished Services during Special Missions or inspect other necessary documents. <Amended on Aug. 4, 2011> |
| (2) | In the case of paragraph (1), the relevant public officials shall carry with them an identification card certifying their authority and produce it to relevant persons. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 68 (Requests for Submission of Reports or Data) |
The Minister of Patriots and Veterans Affairs may request the Association of Persons of Distinguished Services during Special Missions to submit reports, documents, or other data with regard to matters necessary for the enforcement of this Act, such as approval of a profitable project under Article 58-2, fact-finding surveys under Article 58-9, and disclosure of information or data on profitable projects under Article 58-10 (1). [This Article Wholly Amended on Jun. 8, 2021]
| Article 68-2 (Compliance with Financial and Accounting Standards) |
The Association of Persons of Distinguished Services during Special Missions shall manage budgets or accounts in compliance with the standards concerning finance and accounting prescribed by Ordinance of the Prime Minister.
[This Article Newly Inserted on Jun. 8, 2021]
| Article 69 (Grounds for Dissolution) |
The Association of Persons of Distinguished Services during Special Missions shall be dissolved on any of the following grounds: <Amended on Aug. 4, 2011>
| 1. | Grounds specified by the articles of association as grounds for dissolution; |
| 2. | Resolution on dissolution adopted by a general meeting. |
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER VII OTHER ASSISTANCE
| Article 70 (Senior Assistance) |
A man of not less than 65 years old or a woman of not less than 60 years old (Provided, That in cases of a person injured in the course of performing a special mission, referring to a man of not less than 60 years old or a woman of not less than 55 years old) with no responsible provider (including cases where a person has a responsible provider who lacks the ability to support, as specified by Presidential Decree), among persons of distinguished services during special missions or their bereaved family members (excluding their children) may be provided with assistance through an elderly care facility run by the State. In such case, the spouse of a person of distinguished services during special missions may be provided with senior assistance along with such person eligible for senior assistance, as determined by the Minister of Patriots and Veterans Affairs. <Amended on Aug. 4, 2011; Mar. 21, 2012>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 70-2 (Subsidization of Assistance in Care Services) |
| (1) | The Minister of Patriots and Veterans Affairs may grant subsides to the persons who receive domiciliary benefits or facility benefits under Article 23 (1) 1 or 2 of the Long-Term Care Insurance Act, among the following persons, for part of expenses to be borne by such persons, considering the degree of sacrifice or contribution and the standard of living, including the standard median income: |
| 1. | A person of distinguished services during special missions; |
| 2. | The spouse of a person of distinguished services during special missions; |
| 3. | Parents of a person of distinguished services during special missions, among bereaved family members of such person. |
| (2) | A person who wishes to receive the subsidies under paragraph (1) shall apply for the payment of the subsidies to the Minister of Patriots and Veterans Affairs. In such cases, Articles 11-3 through 11-5 shall apply mutatis mutandis to the procedure for applying for the payment of subsidies, the procedure for ascertaining an applicant's standard of living, etc. |
| (3) | Matters necessary for more specific criteria for selecting persons eligible for the subsidies under paragraphs (1) and (2), the amount of such subsidies, etc., shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 70-3 (Patriots and Veterans Home Care Services) |
| (1) | To ensure that persons of distinguished services during special missions and their family members, bereaved or not, can live their daily lives without any difficulty, the Minister of Patriots and Veterans Affairs may provide them with patriots and veterans home care services to assists them with household tasks, health management, emotional activities, etc. in their homes. |
| (2) | A person who intends to receive assistance under paragraph (1) shall file an application for assistance with the Minister of Patriots and Veterans Affairs. |
| (3) | The detailed standards for selecting persons eligible for services and assistance prescribed in paragraph (1) shall be determined by the Minister of Patriots and Veterans Affairs. |
[This Article Newly Inserted on Apr. 30, 2019]
| Article 71 (Child Care Assistance) |
A child care facility operated by the State may provide child care assistance to a person who has no responsible provider (including cases where a person has a responsible provider who lacks the ability to support, as specified by Presidential Decree) or whose responsible provider is receiving senior assistance, among the minor children and minor younger siblings of a person of distinguished services during special missions: Provided, That if a person receiving child care assistance is studying in a high school, a university, or any other equivalent school at the age of 19 or is admitted to a high school, a university, or any other equivalent school at the age of 19, child care assistance may be provided continuously until the person graduates from such school. <Amended on Aug. 4, 2011; May 29, 2016>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 72 (Entrustment of Senior Assistance) |
| (1) | If deemed necessary for providing elderly care or child care assistance, the Minister of Patriots and Veterans Affairs may entrust such assistance to welfare facilities for the senior and children and other social welfare facilities. |
| (2) | Expenses incurred in old-age care and child-care facilities shall be borne by the State. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 73 (Assistance in Use of Transportation Facilities) |
| (1) | A person injured in the course of performing a special mission, and a person using a transportation facility to personally protect a person injured in the course of performing a special mission in need of other person's protection, from among persons of distinguished services during special missions, may granted the exemption from or a discount on charges for transportation facilities operated by the State, local governments, or public institutions specified by Presidential Decree, as prescribed by Presidential Decree. <Amended on Aug. 4, 2011> |
| (2) | The State or local governments may grant subsidies, within budgetary limits, to persons who provide a person referred to in paragraph (1), with transportation facilities, free of charge or at a discounted rate. <Amended on May 29, 2016> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 74 (Assistance in Admission to Ancient Palaces) |
Persons of distinguished services during special missions and their family members, bereaved or not, may enter ancient palaces, parks, and other facilities managed by the State or a local government, free of charge or at a discounted rate, as prescribed by Presidential Decree. <Amended on Aug. 4, 2011; Dec. 22, 2015>
[This Article Wholly Amended on Mar. 28, 2008]
| Article 75 (Preferential Supply of Residential Houses) |
| (1) | The State or local governments may preferentially supply persons eligible for loans referred to in Article 39, among persons of distinguished services during special missions and their bereaved family members, with residential houses built by the State or local governments or residential houses built and supplied by the finance of the State or local governments or by the housing and urban fund prescribed by the Housing and Urban Fund Act, as prescribed by Presidential Decree, considering the period for homelessness, the level of living, etc. <Amended on Oct. 31, 2017> |
| (2) | A business entity building and supplying privately constructed houses pursuant to Article 54 of the Housing Act, may preferentially supply some of such privately constructed houses to persons eligible for loans referred to in Article 39, among persons of distinguished services during special missions and their bereaved family members. <Newly Inserted on Oct. 31, 2017> |
| (3) | A person who wishes to have a residential house supplied under paragraph (1) shall file an application for the supply, with the Minister of Patriots and Veterans Affairs. In such cases, Articles 11-3 through 11-5 shall apply mutatis mutandis to procedures for applying for the supply of residential houses, procedures for ascertaining an applicant's standard of living, etc. <Amended on Oct. 31, 2017> |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 75-2 (Living Allowances) |
| (1) | Any of the following persons who are 80 years or older may be paid living allowances, in consideration of the standards of their living as prescribed by Presidential Decree: |
| 1. | A person of distinguished service during special missions; |
| 2. | One person higher in the order of priority pursuant to the subparagraphs of Article 4 (1) among the bereaved family members of a person of distinguished service during special missions. |
| (2) | Where a person entitled to living allowances under paragraph (1) falls under any of the following, either the living allowances under paragraph (1) or the livelihood improvement allowances or living allowances prescribed in the following subparagraphs shall be paid at his or her choice: |
| (6) | Living allowances shall be paid on a monthly basis, and the amount, payment method, and other matters necessary for the payment thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 17, 2021]
The State or a local government may provide subsidies to a legal entity that carries out a program for venerating the honor of persons of distinguished services during special missions or for conveying enthusiasm for the national defense within budgetary limits. <Amended on Aug. 4, 2011>
[This Article Wholly Amended on Mar. 28, 2008]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 77 (Recovery of Educational Subsidies) |
| (1) | In any of the following cases, the Minister of Patriots and Veterans Affairs shall recover educational subsidies (including admission tuition fees, etc., subsidized under Articles 15 and 15-2), expenses incurred in rehabilitative vocational training and expenses incurred in training programs for developing workplace skills under Article 29, incentives and subsidies for expenses incurred in developing skills under Article 29-2, subsidies for medical expenses under Articles 33 and 33-2, subsidies under Article 47, subsidies for care services under Article 70-2, and living allowances under 75-2 (hereinafter referred to as "educational subsidies, etc.") from the person whom such benefits and subsidies have been paid as honorable treatment under this Act (including an heir) but in the case of subparagraph 1, where a person liable to pay is found responsible, the educational subsidies, 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 Jan. 30, 2009; Aug. 4, 2011; Dec. 22, 2015; Apr. 20, 2021; Aug. 17, 2021; Jan. 17, 2023> |
| 1. | If a person is granted honorable treatment by fraud or other improper means; |
| 2. | If a person is granted honorable treatment but the ground for the eligibility for such treatment was terminated retrospectively; |
| 3. | If honorable treatment are granted in error. |
| (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 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 national taxes are compulsorily collected. <Amended on Jan. 30, 2009; Jan. 17, 2023> |
| (4) | Where the Minister of Patriots and Veterans Affairs recovers or collects the amount to be recovered or arrears pursuant to paragraphs (1) through (3), but where it is deemed impossible to recover or collect them as the person liable to pay them is missing or has no property or for any unavoidable cause, the Minister of Patriots and Veterans Affairs may write off the amount to be recovered or arrears. <Amended on Jan. 30, 2009; Jan. 17, 2023> |
[This Article Wholly Amended on Mar. 28, 2008]
[Enforcement Date: Jul. 18, 2023] Parts regarding the addition of interest and the collection of arrears under the amended provisions of Article 77
| Article 78 (Discharge from Obligation to Return) |
| (1) | If a person who is granted honorable treatment pursuant to this Act falls under Article 77 (1) 2 but the person is not liable for the cause of such treatment, the Minister of Patriots and Veterans Affairs may choose not to restitute the educational subsidies and other subsidies paid to such person, notwithstanding the provisions of Article 77. <Amended on Jan. 30, 2009; Aug. 4, 2011> |
| (2) | The extent to which restitution is omitted under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 79 (Suspension of Honorable Treatment) |
| (1) | If a person of distinguished services during special missions violates this Act or an order issued pursuant to this Act, or commits an act that damages dignity specified by Presidential Decree, the Minister of Patriots and Veterans Affairs may suspend honorable treatment, fully or partially, for which he or she is otherwise eligible pursuant to this Act or any other Act, for a prescribed period of not more than three years, after the deliberation and resolution by the National Merit Reward Commission. <Amended on Aug. 4, 2011> |
| (2) | If a sentence of imprisonment without prison labor or any heavier punishment imposed upon a person of distinguished services during special missions for any of the crimes specified by Presidential Decree becomes final and conclusive, the Minister of Patriots and Veterans Affairs shall suspend honorable treatment for which the person is otherwise eligible, for the period from the month following after the month in which the sentence becomes final and conclusive, to the execution of the sentence is actually completed. <Amended on Aug. 4, 2011; Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on Aug. 4, 2011]
| Article 80 (Exclusion from Persons Eligible for Application of this Act) |
| (1) | If a person of distinguished services during special missions, who has benefited or will benefit from the application of this Act, falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude the person from those eligible for the application of this Act and shall not grant any honorable treatment for which the person of distinguished services during special missions and his family members, bereaved or not, are otherwise eligible under this Act and other Acts: <Amended on Apr. 15, 2010; Aug. 4, 2011; Dec. 18, 2012; Apr. 5, 2013; Dec. 22, 2015; Jan. 6, 2016; Oct. 31, 2017; Mar. 13, 2018; Apr. 20, 2021; Jun. 8, 2021> |
| 1. | A person upon whom a sentence of imprisonment without prison labor or any heavier punishment imposed for a violation of the National Security Act, has become final and conclusive; |
| 3. | A person upon whom a sentence of imprisonment for at least one year without prison labor or any heavier punishment imposed for any of the following crimes has become final and conclusive: |
| (a) | Any crime under Articles 250 through 253 of the Criminal Act or an attempt to commit such crime; the crime under Article 264 of the same Act; the crime under Article 279 of the same Act or an attempt to commit such crime; the crime under Article 285 of the same Act or an attempt to commit such crime; the crime under Articles 287 through 292 and Article 294; the crime under Articles 297 and 297-2, 298 through 301, 301-2, 302, 303, and 305 of the same Act; the crime under Article 332 of the same Act (limited to habitual perpetrators of any crime under Articles 329 through 331 of the same Act) or an attempt to commit such crime; any crime under Articles 333 through 336 of the same Act or an attempt to commit such crime; any crime under Articles 337 through 339 of the same Act or an attempt to commit such crime under Article 337, the former part of Article 338, or Article 339 of the same Act; the crime under Article 341 of the same Act or an attempt to commit such crime; the crime under Article 351 of the same Act (limited to habitual perpetrators of the crime under Article 347, 347-2, 348, 350, or 350-2 of the same Act) or an attempt to commit such crime; or the crime under Article 363 of the same Act; |
| 5. | A person who has habitually committed an act of damaging dignity specified by Presidential Decree. |
| (2) | If any of family members, bereaved or not, of a person of distinguished services during special missions, who is or will be eligible for the application of this Act, falls under any subparagraph of paragraph (1), the Minister of Patriots and Veterans Affairs shall exclude such person from those eligible for the application of this Act and shall not grant any benefit for which he or she is otherwise eligible. <Amended on Dec. 22, 2015> |
| (3) | If a person who has been excluded from persons eligible for the application of this Act pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may determine such person to be included again in persons eligible for the application of this Act, upon receipt of an application for registration under Article 6, and may grant honorable treatment for such person, only if it is found that such person has repented bitterly: Provided, That such person who falls under paragraph (1) 2 shall not become eligible for the application of this Act again for assistance: <Amended on Jan. 30, 2009; Aug. 4, 2011; Dec. 22, 2015; May 29, 2016> |
| 1. | Where three years have passed since a sentence of imprisonment without prison labor or any heavier punishment was completely executed or discharged; |
| 2. | Deleted; <Jan. 30, 2009> |
| 3. | Where two years have passed since a person was excluded from persons eligible for the application of this Act, except for cases under subparagraph 1. |
| (4) | When the Minister of Patriots and Veterans Affairs intends to determine whether a person of distinguished services during special missions and his or her family members, bereaved or not, are excluded from persons eligible for the application of this Act due to any ground under paragraph (1) 1 or 5, or whether such persons excluded from persons eligible for the application of this Act are included in persons eligible for the application of this Act pursuant to paragraph (3), the Minister shall refer the case to the National Merit Reward Commission for deliberation and resolution thereon. <Amended on Aug. 4, 2011; Dec. 22, 2015; May 29, 2016> |
| (5) | When the Minister of Patriots and Veterans Affairs intends to suspend honorable treatment under Article 79 (2) or to exclude a person from persons eligible for the application of this Act under paragraph (1) or (2), the Minister may request the agency responsible for management of criminal records to verify the criminal record of the relevant person. <Amended on Aug. 4, 2011; Dec. 22, 2015; Oct. 31, 2017> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 80-2 (Requests for Provision of Data) |
| (1) | The Minister of Patriots and Veterans Affairs may request the heads of relevant institutions to provide resident registration information, matters registered for family relations, matters registered for Korean nationals residing abroad, data on service, data on national taxes and local taxes, data on income and property, data on various pensions and insurance, including the national pension and the national health insurance, immigration information, etc. In such cases, the heads of relevant institutions in receipt of such request shall comply therewith, except in extenuating circumstances, to conduct the following administrative affairs for: |
| 1. | Registering for persons of distinguished service during special missions and the family members, bereaved or not, of such persons, as prescribed in Article 6; |
| 2. | Reporting amendment of matters registered for persons of distinguished service during special missions and the family members, bereaved or not, of such persons, as prescribed in Article 7; |
| 3. | Inspecting verification of eligibility for educational assistance prescribed in Article 11-4 (1); |
| 4. | Subsidizing tuition fees, etc. of privately-run universities, etc., prescribed in Article 15 (3); |
| 5. | Verifying actual conditions of employment and hiring by institutions providing assistance in employment prescribed in Articles 21-2 (2) and 30 (2); |
| 7. | Providing collaterals and securing loans prescribed in Article 48 (3), (5), and (6); |
| 9. | Subsidizing expenses for assistance in care services prescribed in Article 70-2; |
| 10. | Preferential supplying residential houses prescribed in Article 75; |
| 10-2. | Investigating to verify the payment of living allowances and the occurrence or loss of entitlements under Article 75-2; |
| 11. | Recovering and writing off educational subsidies, etc. prescribed in Article 77; |
| 12. | Suspending honorable treatment prescribed in Article 79; |
| 13. | Excluding from the application of this Act prescribed in Article 80. |
| (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 81 (Delegation and Entrustment) |
| (1) | The Minister of Patriots and Veterans Affairs may delegate part of his or her authority bestowed under this Act to the head of an agency affiliated to the Ministry or to the Governor of Jeju Special Self-Governing Province, or entrust such authority to the head of other administrative agency, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015; Oct. 31, 2017> |
| (2) | The Minister of Patriots and Veterans Affairs may entrust administrative affairs for the payment of educational subsidies, etc. and loan services, to post offices, or financial institutions established 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]
CHAPTER IX PENALTY PROVISIONS
| Article 82 (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; Aug. 17, 2021> |
| 1. | A person who becomes eligible for honorable treatment under this Act or aids and abets another person to become eligible for honorable treatment under this Act, by fraud or other improper means; |
| 2. | A person who uses, provides, or divulges financial information or such, in violation of Article 11-5 (6) (including cases to which the same paragraph shall apply mutatis mutandis in the latter part of Article 70-2 (2) or the latter part of Article 75 (3)); |
| 3. | A person who retrieves, uses, provides, or divulges materials or information, in violation of Article 80-2 (3). |
| (2) | Any person who attempts to commit a crime referred to in paragraph (1) 1 shall be punished. <Amended on Dec. 22, 2015> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 82-2 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
| 1. | A person who obtains approval of a profitable project or approval for change thereof or who allows other persons to obtain such approval under Article 58-2 (1) and (2) by fraud or other improper means; |
| 2. | A person who lends the name of the Association of Persons of Distinguished Services during Special Missions to any third person to allow him or her to engage in a profitable project in violation of Article 58-4 (1) or who engages in a profitable project under the name of the Association of Persons of Distinguished Services during Special Missions in violation of Article 58-4 (2). |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 82-3 (Joint Penalty Provisions) |
If the representative of the Association of Persons of Distinguished Services during Special Missions or an agent, employee of, or any other person employed by, the Association of Persons of Distinguished Services during Special Missions or an individual commits a violation prescribed in Article 82-2 in conducting the business affairs of the Association of Persons of Distinguished Services during Special Missions or the individual, not only shall such violator be punished but the Association of Persons of Distinguished Services during Special Missions or the individual shall be punished by a fine under the relevant Article: Provided, That the same shall not apply where the Association of Persons of Distinguished Services during Special Missions or the individual has not been negligent in giving due attention to and supervision over the relevant business affairs to prevent such violation. [This Article Newly Inserted on Jun. 8, 2021]
| Article 83 (Administrative Fines) |
| (1) | A person who fails to comply with an order for employment issued pursuant to Article 22 (3) without any justifiable reason shall be punished by an administrative fine not exceeding 10 million won. <Amended on Jan. 30, 2009; Jun. 12, 2018> |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Newly Inserted on Jun. 8, 2021> |
| 1. | A person who conducts a profitable project without obtaining approval under Article 58-2 (1); |
| 2. | A person who fails to obtain approval for change under Article 58-2 (2); |
| 3. | A person who refuses, obstructs, or evades an audit conducted under Article 58-8 (1) or a regular audit and inspection conducted under Article 58-8 (4); |
| 4. | A person who refuses, obstructs, or evades a fact-finding survey conducted under Article 58-9 (1); |
| 5. | A person who fails to report under Article 65-2 (4) or reports falsely; |
| 6. | A person who refuses, obstructs, or evades an investigation or inspection conducted under Article 67 (1); |
| 7. | A person who fails to comply with the financial and accounting standards prescribed in Article 68-2. |
| (3) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended on Dec. 22, 2015; Jun. 8, 2021> |
| 1. | A person who fails to comply with a request for rectification referred to in Article 27 (2); |
| 2. | A person who fails to report under Article 30 (1) or falsely reports; |
| 3. | A person who fails to comply with a request for explanation referred to in Article 30 (2), makes a false statement in such explanation, refuses to submit a document, or interferes with or evades the submission of a document; |
| 4. | A person who uses the name of the Association of Persons of Distinguished Services during Special Missions or a similar name, in violation of Article 55; |
| 5. | A person who refuses to submit reports, documents, or data under Article 68 without good reason or who submits false reports, documents, or data. |
| (4) | Administrative fines referred to in paragraphs (1) and (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; Jun. 8, 2021> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 84 Deleted. <Jan. 30, 2009> |
ADDENDUM <Act No. 7160, Jan. 29, 2004>
This Act shall enter into force one year and six months after the date of its promulgation.
ADDENDA <Act No. 7648, Jul. 29, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 of Article 19 shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Employment Examinations) The amended provisions of Article 24 (2) shall apply to examinations publicly announced and conducted after this Act enters into force. |
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. 8231, 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 12, 15, 29-2, and 65 shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Exemption and Subsidization of Tuition Fees and Other Expenses) The amended provisions of Article 15 (2) and (4) shall apply to a person who files an application for registration of a person who performed a special mission pursuant to Article 6 after this Act enters into force. |
ADDENDA <Act No 8329, Mar. 29, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2007. |
| (2) | (Applicability to Employment Examinations) The amended provisions of Article 24 (1) and (2) shall apply to examinations conducted after this Act enters into force. |
ADDENDUM <Act No. 8515, Jul. 13, 2007>
This Act shall enter into force on the date of its promulgation.
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: Provided, That preparation for the establishment under Article 2 of the Addenda shall begin on the date of its promulgation. Article 2 (Preparation for Establishment)
| (1) | Persons who intend to establish the Association of Persons who Performed Special Missions pursuant to this Act shall form an establishment committee comprised of not less than 15 but not more than 25 persons representing members under subparagraphs of Article 59, obtain approval therefor from the Minister of Patriots and Veterans Affairs, and report the following matters: |
| 1. | Purposes of establishment; |
| 2. | Names and addresses of incorporators; |
| 3. | Address of its office; |
| 4. | Other necessary matters. |
| (2) | Notwithstanding the amended provisions of Article 61, the establishment of articles of association of the Association of Persons who Performed Special Missions and the election of executive officers for the first term shall be carried out by the establishment committee, subject to the approval of the Minister of Patriots and Veterans Affairs. |
Article 3 Omitted.
ADDENDA <Act No. 9081, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Suspension of Benefits)
The amended provisions of Article 79 (2) shall apply to persons upon whom a sentence of imprisonment without prison labor or any heavier punishment is imposed after this Act enters into force. Article 3 (Applicability to Exclusion from Application of This Act)
The amended provisions of Article 80 (1) 2 and (2) shall apply to cases where a sentence of imprisonment becomes final and conclusive after this Act enters into force with regard to a person who performed a special mission or a family member of such a person, bereaved or not, who became eligible for the application pursuant to the previous provisions before this Act enters into force. Article 4 (Transitional Measure concerning Extent of Family Members, Bereaved or Not)
Notwithstanding the amended provisions of Article 4 (1), (5), and (6), grandparents and minor siblings registered as family members, bereaved or not, pursuant to previous provisions before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 9398, Jan. 30, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19, 22, 23, 24 (3), 25 (2), 29-2 (1), 83, and 84 shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Employment Examinations) The amended provisions of Article 24 (3) shall apply to examinations publicly announced and conducted after this Act enters into force. |
| (3) | (Transitional Measure concerning Fines for Negligence) Imposing a fine for negligence on an act committed before this Act enters into force shall be governed by previous provisions. |
ADDENDA <Act No. 9754, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10337, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11029, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Terms)
| (1) | Any person who has been registered as a person of distinguished services during special missions or as his or her family member, bereaved or not, pursuant to the previous provisions, as at the time this Act enters into force, shall be deemed a person of distinguished services during special missions or his or her family member, bereaved or not, pursuant to this Act; any person who has filed an application to be registered as a person of distinguished services during special missions or as his or her family member, bereaved or not, pursuant to the previous provisions, as at the time this Act enters into force, shall be deemed to have filed an application to be registered as a person of distinguished services during special missions or as his or her family member, bereaved or not, pursuant to this Act. |
| (2) | The Association of Persons who Performed Special Missions under the previous provisions as at the time this Act enters into force shall be deemed the Association of Persons of Distinguished Services during Special Missions under this Act. |
Article 3 Omitted.
ADDENDUM <Act No. 11418, 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 the 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.
ADDENDUM <Act No. 12388, Jan. 28, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13199, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Use of Profits)
Article 3 (Applicability to Accounting Audit of Profitable Projects)
Article 4 (Transitional Measure concerning Approval of Profitable Projects)
The profitable projects (limited to the profitable projects, the results of which have been reported to the Minister of Patriots and Veterans Affairs in accordance with articles of association) which the Association of Persons of Distinguished Services during Special Missions operates in accordance with former provisions of subparagraph 5 of Article 58 as at the time this Act enters into force, are deemed profitable projects approved by the Minister of Patriots and Veterans Affairs under the amended provisions of Article 58-2 (1).
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. 13610, 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 for Educational Assistance)
The amended provisions of Article 11 (2) shall apply to the persons registered as persons of distinguished services during special missions and as their family members, bereaved or not, according to an application filed after this Act enters into force. Article 3 (Applicability to Educational Assistance Based on Standard of Living)
The amended provisions of Article 11 (3) 2 shall apply to the persons registered as persons injured in the course of performing a special mission and as their family members, bereaved or not, according to an application filed after this Act enters into force. Article 4 (Applicability to Bearing Part of Medical Expenses)
The amended provisions of Article 33 (4) shall apply to the persons registered as persons injured in the course of performing a special mission according to an application filed after this Act enters into force. Article 5 (Applicability to Suspension of Honorable Treatment)
The amended provisions of Article 79 (2) shall apply to cases where a sentence of imprisonment without prison labor or any heavier punishment imposed upon a person of distinguished services during special missions, for an act committed after this Act enters into force, becomes final and conclusive. Article 6 (Applicability to Exclusion from Persons Eligible for Application of This Act)
| (1) | The amended provisions of Article 80 (1) 3 shall apply to cases where a sentence of imprisonment without prison labor for not less than one year or any heavier punishment imposed upon a person of distinguished services during special missions, for an act committed after this Act enters into force, becomes final and conclusive. |
| (2) | The amended provisions of Article 80 (1) 4 shall apply to cases where a sentence of imprisonment without prison labor for not less than one year or any heavier punishment imposed upon a person of distinguished services during special missions, for an act committed after this Act enters into force, becomes final and conclusive. |
| (3) | The amended provisions of Article 80 (2) shall apply to cases where any of the family members, bereaved or not, of a person of distinguished services during special missions falls under any subparagraph of Article 80 (1), by committing an act after this Act enters into force (excluding cases where a person falls under Article 80 (1) 3, by committing a crime referred to in Article 250, 252, or 253 of the Criminal Act). |
Article 7 (Transitional Measure concerning Medical Treatment Eligible for Full or Partial Exemption from Medical Expenses in Veterans Hospitals)
Notwithstanding the amended provisions of Article 33 (5), the former provisions of Article 33 (4) shall apply to full or partial exemption from medical expenses in veteran hospitals, for the persons registered as persons of distinguished services during special missions and as their family members, bereaved or not, pursuant to the former provisions, as at the time this Act enters into force. Article 8 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.
ADDENDA <Act No. 14261, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Restriction on Assistance in Employment)
The amended provisions of Article 25 (2) shall apply to the persons who are preferentially employed as public officials in general service, etc., after this Act enters into force. Article 3 (Transitional Measure concerning Persons Eligible for Assistance in Employment)
Notwithstanding the amended provisions of Article 19 of the partial amendment (Act No. 13610) of the Act on Assistance to Persons Who Performed Special Missions and Establishment of Related Organizations, the former provisions shall apply to the scope and the number of times of assistance in employment, of persons eligible for assistance in employment, for the persons registered as persons of distinguished services during special missions and as their family members, bereaved or not, pursuant to the former provisions, as at the time this Act enters into force. Article 4 (Transitional Measure concerning Special Employment for Meritorious Service)
Notwithstanding the amended provisions of Article 22 (1) 1 and 2 and Article 22 (4) of the partial amendment (Act No. 13610) of the Act on Assistance to Persons Who Performed Special Missions and Establishment of Related Organizations, the former provisions shall apply to the scope of cases where it is not necessary to recommend to an enterprise, etc., multiple persons registered as persons of distinguished services during special missions and as their family members, bereaved or not, in connection with special employment for meritorious service; and shall apply to the upper limit to the number of persons eligible for assistance in employment per household. Article 5 (Transitional Measure concerning Additional Marks in Employment Examination)
Notwithstanding the amended provisions of Article 24 (1) of the partial amendment (Act No. 13610) of the Act on Assistance to Persons Who Performed Special Missions and Establishment of Related Organizations, the former provisions shall apply to the addition of marks, etc., in an employment examination for the persons registered as persons of distinguished services during special missions and as their family members, bereaved or not, pursuant to the former provisions, as at the time this Act enters into force.
ADDENDA <Act No. 14420, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15034, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of Articles 24-2 (4) and 80 (1) 3 (b) shall enter into force on the date of its promulgation. Article 2 (Validity)
The amended provisions of Article 24-2 (4) shall be effective until December 31, 2022. Article 3 (Applicability to Exclusion from Application of This Act)
The amended provisions of Article 80 (1) 3 (b) shall also apply to persons of distinguished service during special missions who are registered pursuant to Article 6 before such amended provisions enter into force.
ADDENDA <Act No. 15479, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 80 (1) 3 (a) shall enter into force three months after its promulgation. Article 2 (Applicability to Exclusion from Application of This Act)
The amended provisions of Article 80 (1) 3 (a) shall apply to cases where a sentence of imprisonment without labor for not less than one year or any heavier punishment imposed upon a person of distinguished services during special missions, for an act committed after this Act enters into force, becomes final and conclusive.
ADDENDUM <Act No. 15705, Jun. 12, 2018>
This Act shall enter into force six months after its promulgation.
ADDENDUM <Act No. 16430, 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.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 18141, 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 80 (1) 3 (g) shall enter into force on the date of its promulgation. Article 2 (Applicability to Exclusion from Application of This Act)
The amended provisions of Article 80 (1) 3 (g) shall begin to apply where persons of distinguished services during special missions are sentenced to imprisonment without labor for one year or heavier punishment for a violation committed after the same amended provisions enter into force and such sentence become final and conclusive.
ADDENDA <Act No. 18236, 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 80 (1) 3 and 80-2 (2) shall enter into force on the date of its promulgation. Article 2 (Applicability to Restrictions on Approval of Profitable Projects)
The amended provisions of Article 58-2 (4) shall begin to apply where approval of a profitable project is revoked on or after the date this Act enters into force. Article 3 (Applicability to Disclosure of Information or Data on Profitable Projects)
The amended provisions of Article 58-10 (1) shall begin to apply to information or data on profitable projects for the fiscal year of 2021. Article 4 (Applicability to Orders to Suspend Profitable Projects)
Even where the Association of Persons of Distinguished Services during Special Missions that has violated the previous Article 58-5 (excluding subparagraph 1 of the same Article) before this Act enters into force is subject to a disposition for such violation on or after the date this Act enters into force, the amended provisions of Article 58-11 may also apply to order the suspension of profitable projects. Article 5 (Applicability to Requests for Submission of Data on Sale of State-Owned or Public Property)
The amended provisions of Article 65-2 (3) shall begin to apply to state-owned or public property that the State or a local government sells or leases to the Association of Persons of Distinguished Services during Special Missions or allows it to use or profit from on or after the date this Act enters into force. Article 6 (Applicability to Reporting on Disposal of Purchased Property)
The amended provisions of Article 65-2 (4) shall also apply where the Association of Persons of Distinguished Services during Special Missions disposes of the property purchased before this Act enters into force on or after the date this Act enters into force. Article 7 (Applicability to Financial and Accounting Standards)
The amended provisions of Article 68-2 shall begin to apply to the budget or account of the Association of Persons of Distinguished Services during Special Missions for 2022. Article 8 (Special Cases concerning Effective Period of Approval of Profitable Projects)
Where the Association of Persons of Distinguished Services during Special Missions has obtained approval of profitable projects before this Act enters into force, the amended provisions of Article 58-3 shall apply, deeming that it obtains such approval on the enforcement date of this Act.
ADDENDA <Act No. 18425, Aug. 17, 2021>
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. 18442, Aug. 17, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 19223, Jan. 17, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the part regarding the addition of interest and the collection of arrears under the amended provisions of Article 77 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Recovery of Educational Subsidies)
| (1) | The part regarding the inclusion of an heir to recover educational subsidies, etc. pursuant to the amended provisions of the main clause of Article 77 (1) shall begin to apply where any ground for recovery arises after this Act enters into force. |
| (2) | The addition of interest and the collection of arrears under the amended provisions of Article 77 (1) and (2) shall begin to apply where any ground for recovery arises after the enforcement date under the proviso of Article 1 of the Addenda. |