| Article 2 (Scope and grade of bodily injury) |
| Article 2-2 (Normal routes and manner) |
"Normal route and manner prescribed by Presidential Decree" in Article 3 (1) 7 of the Act means cases where a person moves directly to a rescue site for the purpose of undertaking rescue efforts or returns, without delay, to a place of residence, a place of livelihood, or a location where the rescue request was made. [This Article Added on Feb. 1, 2012]
| Article 3 (Composition of committee for examination of noble deaths and wounds) |
| (1) | Pursuant to Article 4 (5) of the Act, the head of the Office for Social Welfare Policy of the Ministry of Health and Welfare shall serve as the chairperson of the committee for examination of noble deaths and wounds (hereinafter referred to as the "Committee"), and the head of the Ministry's Bureau of Welfare Administration Support shall serve as the vice chairperson. <Amended on Feb. 29, 2008; Oct. 20, 2008; Mar. 15, 2010> |
| (2) | Members of the Committee shall be appointed or commissioned by the Minister of Health and Welfare from among any of the following persons: <Amended on Feb. 29, 2008; Mar. 15, 2010; Nov. 19, 2014; Jul. 26, 2017; Apr. 11, 2023> |
| 1. | Grade III or higher-ranking public officials of the Ministry of Economy and Finance, the Ministry of Patriots and Veterans Affairs, the National Police Agency, or the National Fire Agency, members in general service of the Senior Executive Service, or public officials equivalent thereto, who are recommended by the heads of the relevant agencies; |
| 2. | Persons with extensive knowledge of and experience in medicine, law, or social welfare; |
| 3. | Persons who have expertise in disaster relief or emergency relief. |
| Article 3-2 (Dismissal and decommissioning of committee members) |
If a member referred to in any subparagraph of Article 3 (2) falls under any of the following cases, the Minister of Health and Welfare may dismiss or decommission the relevant member from office: | 1. | Where the member is unable to perform his or her duties due to a mental handicap; |
| 2. | Where the member commits any misconduct in relation to his or her duties; |
| 3. | Where the member is deemed unsuitable for membership due to delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where the member voluntarily expresses his or her intention that performing duties is impracticable. |
[This Article Added on Dec. 31, 2015]
| Article 4 (Duties of chairperson) |
| (1) | The chairperson shall represent the Committee and exercise general supervision over its affairs. |
| (2) | The vice chairperson shall assist the chairperson in the performance of his or her duties and, if the chairperson is unable to perform his or her duties due to any unavoidable cause, shall act on behalf of the chairperson. |
| (1) | The chairperson shall convene and preside over meetings of the Committee. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| Article 6 (Executive secretary and clerk) |
| (1) | The Committee shall have 1 executive secretary and 1 clerk. |
| (2) | The executive secretary and clerk shall be appointed by the chairperson from among public officials of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (3) | The executive secretary shall handle the affairs of the Committee under the direction of the chairperson, and the clerk shall assist the executive secretary in the performance of these duties. |
Allowances and travel expenses shall be paid to members who attend meetings of the Committee within the budget; provided, the same shall not apply to members who are public officials attending meetings in direct connection with their duties.
| Article 8 (Detailed operational rules) |
Except as provided in this Decree, matters necessary for the operation of the Committee shall be determined by the chairperson following a resolution by the Committee.
| Article 9 (Petition for recognition of deceased or wounded noble persons) |
| (1) | A person who intends to file a petition for recognition of a deceased or wounded noble person pursuant to Article 5 (1) of the Act shall submit a written petition to the head of a Si (including the head of an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gun, or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over his or her domicile or the site of the rescue efforts, along with documents prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | If an article is destroyed or damaged due to rescue efforts, a detailed statement of property damage and other documents prescribed by Ministerial Decree of Health and Welfare shall be attached in addition to the documents specified in paragraph (1). <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (3) | Upon receiving the petition for recognition under paragraph (1), the head of the competent Si/Gun/Gu shall, without delay, request the Minister of Health and Welfare through the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or Do governor, or Special Self-governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") to decide whether to recognize the relevant person as a deceased or wounded noble person: <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| 1. | Documents under paragraphs (1) and (2); |
| 2. | Fact confirmation form; |
| 3. | Accomplishment report. |
| (4) | If the head of a Si/Gun/Gu becomes aware of any fact falling under any subparagraph of Article 3 (1) of the Act, he or she shall notify the surviving family members of the deceased person or the injured person and his or her family member that he or she may file a petition for recognition as a deceased or wounded noble person. |
| (5) | If the head of a Si/Gun/Gu requests ex officio to make a decision on whether to recognize a person as a deceased or wounded noble person pursuant to Article 5 (3) of the Act, he or she shall attach a report on the occurrence of death or injury of persons for public good, their accomplishment report, and other documents prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 10 (Notification of results of recognition of deceased or wounded noble persons) |
| (1) | If the Minister of Health and Welfare determines whether to recognize a person as a deceased or wounded noble person pursuant to Article 5 (4) of the Act, he or she shall notify the head of a Si/Gun/Gu who received the petition under Article 9 (1) and the Mayor/Do Governor under Article 9 (3) of such decision. In such cases, the Mayor/Do Governor and the head of a Si/Gun/Gu having jurisdiction over the site of rescue efforts shall, without delay, notify the Mayor/Do Governor and the head of a Si/Gun/Gu having jurisdiction over the domicile of the petitioner for recognition as a deceased or wounded noble person under Article 9 (1) (hereinafter referred to as "petitioner for recognition") of the decision. |
| (2) | Upon receiving the notification under paragraph (1), the head of a Si/Gun/Gu having jurisdiction over the domicile shall, without delay, inform the petitioner for recognition and the persons eligible for the issuance of a certificate, etc. of a deceased or wounded noble person under paragraph (3) of the details of the notification. |
| (3) | If the Minister of Health and Welfare decides to recognize a person as a deceased or wounded noble person pursuant to Article 5 (4) of the Act, he or she shall issue a certificate of a deceased noble person, a certificate of surviving family members of a deceased noble person, or a certificate or card of a wounded noble person (hereafter in this paragraph referred to as "certificate, etc. of a deceased or wounded noble person") and forward it to the head of a Si/Gun/Gu having jurisdiction over the domicile of the person eligible for the certificate, etc. of deceased or wounded noble person, etc., and upon receiving such certificate, etc. the head of a Si/Gun/Gu shall forward the same to the eligible person, as prescribed by Ministerial Decree of Health and Welfare. |
| (4) | Paragraphs (1) and (3) shall apply mutatis mutandis to the notification, etc. of the results of recognition of a deceased or wounded noble person if the head of a Si/Gun/Gu requests ex officio to make a decision on whether to recognize a deceased or wounded noble person pursuant to Article 5 (3) of the Act. In such cases, "upon receiving a petition under Article 9 (1), the head of a Si/Gun/Gu and a Mayor/Do Governor under Article 9 (3)" shall be construed as "the head of a Si/Gun/Gu and a Mayor/Do Governor under Article 5 (3) of the Act". |
[This Article Wholly Amended on Feb. 1, 2012]
| Article 11 (Petition for change of injury grade) |
| (1) | A wounded noble person who wishes to have his or her injury grade changed pursuant to Article 6 (1) of the Act shall file a petition for change of injury grade with the head of a Si/Gun/Gu having jurisdiction over his or her domicile, along with the documents prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | Articles 9 (3) and 10 shall apply mutatis mutandis to the procedures for handling petitions for change of an injury grade and the notification of the results of recognition. |
| Article 12 (Compensation) |
| (1) | The Minister of Health and Welfare shall, without delay, determine and publicly notify the compensation for the surviving family members of deceased noble persons before the commencement of each fiscal year, following deliberation and resolution by the Committee. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | Compensation for wounded noble persons by injury grade shall be as specified in Appendix 2. |
| (3) | Compensation to be paid to a wounded noble person or a surviving family member of a deceased noble person pursuant to Article 8 (1) of the Act shall be based on the amount of compensation under paragraph (1) for the year in which the wounded noble person or the deceased noble person engaged in rescue efforts. |
| Article 13 (Compensation for destroyed or damaged chattels) |
If the Committee pays compensation for the destruction or damage of chattels pursuant to Article 9 of the Act, it shall examine their condition and determine the amount of payment in accordance with the following standards: | 1. | Where they are destroyed or become irreparable due to rescue efforts, the amount of compensation shall be their exchange value at the time when the rescue efforts were made; |
| 2. | Where they are destroyed due to rescue efforts but can be repaired, the amount of compensation shall be necessary repair expenses. |
| Article 14 (Compensation following change of injury grade) |
| (1) | If the injury grade of a wounded noble person is changed pursuant to Article 11, the amount of compensation shall be calculated by subtracting the amount of compensation previously paid for the prior injury grade from the amount of compensation for the changed injury grade. |
| (2) | Compensation for the changed injury grade under paragraph (1) shall be based on the amount of compensation for the year in which the wounded noble person engaged in rescue efforts. |
| Article 15 (Application for compensation payment and payment methods) |
| (1) | If a wounded noble persons or the surviving family members of a deceased noble person notified of the results of recognition as a deceased or wounded noble person under Article 10 and having first priority under Article 10 of the Act intends to apply for compensation payment, he or she shall file an application with the head of a Si/Gun/Gu having jurisdiction over his or her domicile, along with documents prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Feb. 1, 2012> |
| (2) | Upon receiving an application for compensation payment under paragraph (1), the head of a Si/Gun/Gu shall disburse the compensation by depositing it into a savings account (referring to an account opened at a communications agency under the Postal Savings and Insurance Act or at a bank under the Banking Act) designated by the person entitled to compensation pursuant to Article 10 of the Act; provided, where there is any unavoidable cause, such as the person entitled to compensation residing in an area without access to a postal service agency or financial institution, the head of the Si/Gun/Gu may pay the compensation in cash at the request of the person entitled to compensation. <Amended on Nov. 15, 2010> |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to an application for compensation payment and payment methods for wounded noble persons whose change of injury grade is recognized pursuant to Article 11 (2). |
| Article 16 (Minor bodily injury) |
"Wounded noble persons who have sustained minor bodily injuries prescribed by Presidential Decree" in the proviso of Article 11 (1), Article 12, and Article 13, of the Act means wounded noble persons whose injury grade referred to in Appendix 1 falls under Grades 7 through 9.
| Article 17 (Application for employment protection and measures) |
| (1) | A wounded noble person, his or her family member, or a surviving family member of a deceased noble person who intends to receive employment protection pursuant to Article 13 of the Act shall file an application for employment protection with a protective institution under Article 16 of the Act, as prescribed by Ministerial Decree of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Feb. 1, 2012> |
| (2) | Upon receiving the application under paragraph (1), a protective institution shall entrust training to a vocational training establishment or take measures to ensure that the applicant can be employed in a public institution or other appropriate workplace, taking into consideration the applicant's age, educational background, qualifications, severity of injury, etc. |
| (3) | If the protective institution is unable to take measures under paragraph (2), it shall report to the Minister of Health and Welfare, who may request the relevant agencies to provide cooperation. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 17-2 (Support for use of old palaces) |
| (1) | "Persons prescribed by Presidential Decree" in Article 15 of the Act means the following persons: |
| 1. | Wounded noble persons; provided, where a person with an injury grade of Grade I or II among wounded noble persons is accompanied by an activity assistant, 1 such assistant shall be included; |
| 2. | Among the surviving family members of deceased noble persons, those having first priority under Article 10 of the Act; provided, where the person with first priority is the spouse of the deceased noble person, their children shall be included; |
| 3. | The spouses and children of wounded noble persons. |
| (2) | If a person falling under any subparagraph of paragraph (1) uses facilities, such as ancient palaces or parks managed by the State or a local government pursuant to Article 15 of the Act, free of charge or at a discounted rate, he or she shall present a certificate of a wounded noble person or a certificate of a surviving family member of a deceased noble person under Article 10 (3) to the manager of the relevant facilities; provided, in cases of an activity assistant falling under the proviso of paragraph (1) 1, this requirement shall be met by presenting a certificate of a wounded noble person. |
| (3) | The types of facilities that a person falling under any subparagraph of paragraph (1) may use free of charge or at a discounted fee and the rate of fee reduction or exemption shall be as specified in Appendix 3. |
[This Article Added on Feb. 1, 2012]
| Article 18 (Processing of personally identifiable information) |
The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu (where the relevant authority is delegated or entrusted, including a person to whom such authority is delegated or entrusted) may process data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following affairs: <Amended on Feb. 1, 2012> | 1. | Petition for recognition, etc. of a deceased or wounded noble person under Article 5 of the Act; |
| 2. | Petition for change of injury grades under Article 6 of the Act; |
| 3. | Compensation payment under Articles 8, 9, and 10 of the Act; |
| 4. | Provision of medical benefits under Article 11 of the Act; |
| 5. | Provision of educational benefits under Article 12 of the Act; |
| 6. | Implementation of employment protection measures under Article 13 of the Act; |
| 7. | Provision of funeral benefits under Article 14 of the Act; |
| 8. | Restitution, etc. of compensation under Article 19 of the Act. |
[This Article Added on Jan. 6, 2012]
ADDENDA <Presidential Decree No. 20581, Jan. 31, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on February 4, 2008.
Article 2 (Applicability to injury grade of wounded noble persons and compensation therefor)
The amended provisions of Article 2 and Appendixs 1 and 2 shall begin to apply to persons who engage in rescue efforts after this Decree enters into force. Article 3 (Special cases concerning compensation for surviving family members of deceased noble persons)
Notwithstanding the amended provisions of Article 12, compensation for the surviving family members of deceased noble persons for rescue efforts which occurred from the date of entry into force of this Decree to December 31, 2008 shall be 196,938,000 won. Article 4 (Transitional measures concerning petition for recognition of deceased or wounded noble persons)
A person who has filed a petition for the protection of a deceased or wounded noble person pursuant to the previous provisions before this Decree enters into force shall be deemed to have filed a petition for recognition thereof pursuant to this Decree.
Article 6 (Relationship to other statutes or regulations)
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on November 18, 2010.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. <Proviso Omitted>
ADDENDUM <Presidential Decree No. 23582, Feb. 1, 2012>
This Decree shall enter into force on February 5, 2012.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, among the Presidential Decrees amended by Article 8 of the Addenda, the amendment to a Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, among the Presidential Decrees amended by Article 8 of the Addenda, the amendment to a Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. <Proviso Omitted>
ADDENDA <Presidential Decree No. 33382, Apr. 11, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on June 5, 2023.