CHAPTER I GENERAL PROVISIONS
SECTION 1 Common Provisions
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| Article 1 (Purpose) |
The purpose of this Decree is to prescribe matters mandated by the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 2 (Policy measures of the government) |
The Government shall provide various kinds of compensation, such as veterans' benefits, educational assistance, employment assistance medical assistance etc. under Chapter II and thereafter; and shall formulate the following measures to realize the basic ideal of honorable treatment and to inherit and develop the spirit of patriotism under Articles 2 and 3 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (hereinafter referred to as the "Act"): <Amended on Aug. 6, 2024>
| 1. | Establishing the month of patriots and veterans: The Government shall designate June every year as the "month of patriots and veterans", and hold various events and conduct various programs to enhance the spirit for defending our country so that sacrifices and contributions of persons of distinguished service to the State may be respected permanently; |
| 2. | Honorable treatment as a matter of courtesy: Where the Government, local governments, other public institutions, schools at all levels, etc. hold important events on national holidays, anniversaries, etc., they shall pay silent tribute to fallen patriots at a national ceremony; and shall accord honorable treatment to the invited persons of distinguished service to the State as a matter of courtesy corresponding to their sacrifices and contributions; |
| 3. | Awarding a certificate of distinguished service to the State: The Government may issue a certificate of distinguished service to the State awarded by the President of the Republic of Korea in the attached Form to honor the sacrifice and contribution of the person of distinguished service to the State and to praise his or her sacrifice and contribution permanently as a model of the spirit of patriotism; |
| 4. | Awarding a veterans affairs culture prize: The Government may award a veterans affairs culture prize to an individual or group that has rendered distinguished service for inheriting and developing a spirit of patriotism; |
| 5. | Honorable treatment at the time of death: Where a person of distinguished service to the State deceases, the Government may provide the flag of the Republic of Korea to cover a casket and pay the following expenses; provided, in cases of a person of distinguished service to the State, buried in the National Cemetery, the Government shall not pay the following expenses; |
| a. | In cases of burial in a grave: Expenses incurred for the production of a gravestone or fees for the use and management of a cemetery; |
| b. | In cases of burial in a burial facility, other than a grave: Fees for the use and management of the relevant burial facility; |
| 6. | Publication of the record of meritorious and distinguished service of persons of distinguished service to the State: The Government shall discover and collect details of merits of persons of distinguished service to the State and publish the record thereof to praise their merits and convey their merits to future generations; |
| 7. | Inheriting a spirit of patriotism: The Government, local governments, other public institutions, schools at all levels, etc. shall educate and publicize patriotic activities of persons of distinguished service to the State so that a spirit of patriotism may be inherited and realized. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 3 (Basis for and scope of requirements for persons of distinguished service to the state) |
| (1) | The basis for and scope of requirements for persons of distinguished service to the State under Article 4(2) of the Act shall be as follows: <Amended on Jun. 9, 2020> |
| 1. | Persons falling under Article 4(1)3 of the Act: Deceased persons falling under any of 1-1 through 1-8 of subparagraph 1 of Appendix 1; |
| 2. | Persons falling under Article 4(1)4 of the Act: Wounded persons falling under any of 1-1 through 1-8 of subparagraph 1 of Appendix 1; |
| 3. | Persons falling under Article 4(1)5 and 14 of the Act: Deceased persons falling under any of 2-1 through 2-8 of subparagraph 2 of Appendix 1; |
| 4. | Persons falling under Article 4(1)6 and 15 of the Act: Wounded persons falling under any of 2-1 through 2-8 of subparagraph 2 of Appendix 1. |
| (2) | The Government shall comprehensively consider the following records, matters, etc. to determine whether a disease falls under any of the items of 2-8 of subparagraph 2 of Appendix 1: <Amended on Jan. 5, 2021; May 23, 2023> |
| 1. | Medical certificates, autopsy reports (documents providing medical confirmation of one's death), certificates, clinical trial reports, medical records or nursing records under Article 17, 21 or 22 of the Medical Service Act, and other records relating to medical diagnosis and treatment under medical service-related statutes or regulations, which are prescribed by Decree of the Ministry of Patriots and Veterans Affairs; |
| 2. | Working conditions, the period of service, the nature of duties, and conditions at the time the duties are performed; |
| 3. | Whether the relevant deceased person or the person affected by a disease has already had the disease. |
[This Article Wholly Amended on Jun. 27, 2012]
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| Article 3-2 (Order of national security merit recipients) |
| (1) | "Grounds prescribed by Presidential Decree" in the main clause of Article 4(1)8b of the Act means any of the following grounds: |
| 1. | Counter-terrorism and terrorism suppression activities; |
| 2. | Activities to defend against infiltration; |
| 3. | Activities to suppress riots interfering with the national security; |
| 4. | Guarding important persons; |
| 5. | Disaster relief and recovery activities; |
| 6. | Other grounds corresponding to subparagraphs 1 through 5. |
| (2) | Where the Government determines whether a person falls under paragraph (1)6, it shall comprehensively consider the period during which he or she has been engaged in the relevant duties, the occupational group or sub-series, the degree of contribution to the national protection and security, and specific grounds for awarding the Order of National Security Merit. |
[This Article Added on Jun. 30, 2011]
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| Article 4 (Persons killed and wounded in April 19 Revolution) |
| (1) | "Persons killed in the April 19 Revolution" in Article 4(1)11 of the Act means persons who participated in the Revolution before or after April 19, 1960 from pure motives for reinstating democracy and who were killed by bullets fired or violence committed by persons who suppressed the Revolution; who died from the wounds sustained by such bullets or violence; who were tortured to death by persons who suppressed the Revolution on the suspicion of having participated in the April 19 Revolution; or who died from the wounds sustained by such torture. <Amended on Jun. 27, 2012> |
| (2) | "Persons wounded in the April 19 Revolution" in Article 4(1)12 of the Act means persons who participated in the Revolution before or after April 19, 1960 from pure motives for reinstating democracy and who were wounded by bullets fired or violence committed by persons who suppressed the Revolution; who were wounded from torture by persons who suppressed the Revolution on the suspicion of having participated in the April 19 Revolution; or who correspond to a disability rating under Article 6-4 of the Act and Article 14(1) of this Decree (hereinafter referred to as "disability rating"). <Amended on Jun. 27, 2012; Nov. 29, 2016> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 5 (Employees engaged in official duties in State on regular basis) |
"Employees prescribed by Presidential Decree, who are engaged in official duties in the State or a local government on a regular basis" in the proviso of Article 4(1)7 of the Act, the proviso of subparagraph 8b of that paragraph, subparagraphs 14 and 15 of that paragraph, Article 79(1)4 and Article 3 of the Addenda of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State partly amended by Act No. 10471 means persons governed by Article 2 of the Enforcement Decree of the Public Officials Pension Act. <Amended on Jun. 30, 2011; Jun. 27, 2012>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 6 (Recommendation of special contributors) |
| (1) | The head of a central administrative agency (excluding a foreign country), the head of an agency under the direct control of the President or the Ministry of Patriots and Veterans Affairs, the Secretary General of the National Assembly or the Administrator of the National Court Administration shall recommend persons eligible to be decided to be a special contributor to national and social development who died in the line of duty (hereinafter referred to as "special contributor who died in the line of duty"), special contributor to national and social development who suffered wounds (hereinafter referred to as "special contributor who suffered wounds") or special contributor to national and social development (hereinafter referred to as "special contributor") according to its jurisdiction at the cabinet meeting pursuant to Article 4(1)16 through 18 of the Act by submitting a letter of recommendation via the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | Where the head of a central administrative agency; the head of an agency under the direct control of the President or the Ministry of Patriots and Veterans Affairs; the Secretary General of the National Assembly; or the Administrator of the National Court Administration recommends a special contributor who died in the line of duty, special contributor who suffered wounds or special contributor pursuant to paragraph (1), persons eligible for recommendation shall be any of the following: |
| 1. | A person of distinguished service to the development of the Republic of Korea by contributing to founding the Republic of Korea and to the strengthening of the foundation thereof; |
| 2. | A person of distinguished service to develop the Republic of Korea by contributing to friendly relations with allies; |
| 3. | A person of distinguished service to develop the Republic of Korea by contributing to the development of democracy and the embodiment of social justice of the Republic of Korea; |
| 4. | A person of distinguished service to develop the Republic of Korea by devotedly contributing to the development of the Republic of Korea and society for other reasons. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 7 (Disabled persons incapable of supporting own livelihood) |
"Person with disability who has no means to support his or her own livelihood prescribed by Presidential Decree" in Article 5(5) and (6) of the Act means persons who have mental or physical disability falling under the Classifications of Disabilities of Persons with Disabilities specified in Appendix 2.
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 8 (Application for registration) |
| (1) | Where a person intends to become a person of distinguished service to the State, his or her bereaved family or family pursuant to Article 6(1) of the Act, a person in the following priority (where a bereaved family member with priority is unable to file an application for registration due to any unavoidable cause, referring to other bereaved family members under the subparagraphs of Article 5(1) of the Act) shall file an application for registration with the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs; provided, where a public official belonging to the Ministry of Patriots and Veterans Affairs intends to file an application for registration of a person who intends to become a person of distinguished service to the State under the proviso of the Article 6(1) of the Act, his or her bereaved family or family, the public official shall submit an application for registration to the Minister of Patriots and Veterans Affairs, along with a letter of consent (where such person’s consent is included in an application for registration, referring to the relevant application for registration) signed and/or sealed by a person in the following priority (where a bereaved family member with priority is unable to affix his or her signature and/or seal due to any unavoidable cause, referring to other bereaved family members under the subparagraphs of Article 5(1) of the Act) and documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs: <Amended on Jun. 27, 2012; Jun. 28, 2013; Dec. 31, 2018; May 23, 2023> |
| 1. | A person of distinguished service to the State or his or her bereaved family member who is a priority person under Article 13 of the Act; |
| 2. | Bereaved family members who do not fall under subparagraph 1 shall have the priority under the subparagraphs of Article 5(1) of the Act, and where they are in the same priority, they shall follow the order under Article 13 of the Act. |
| (2) | "Causes prescribed by Presidential Decree" in Article 6(1)3 of the Act means old age, wounds, disease, physical or mental disability, or any other unavoidable cause. <Added on Jun. 28, 2013> |
| (3) | "Circumstances prescribed by Presidential Decree" in the proviso of Article 6(4) of the Act means: <Amended on Jun. 30, 2011; Jun. 27, 2012; Jun. 28, 2013; Nov. 11, 2014; Jan. 13, 2022> |
| 1. | Where the fact that a person was awarded the Order of Military Merit, the Order of National Security Merit (only applicable to persons falling under Article 4(1)8a of the Act) or the National Foundation Medal under the Awards and Decorations Act is verified by a certificate of merit, certificate of merit medal, or certificate of award; |
| 2. | Where requirements for identifying a person of distinguished service to the State and his or her bereaved family member or family member is verified by official records, such as a certificate concerning family relations recorded or a certified copy of removal from the family register; |
| 3. | Where it is verified that a person has received veterans' benefits until he or she reinstates Korean relationships pursuant to Article 16 of the Act on the Immigration and Legal Status of Overseas Koreans; |
| 4. | Where official evidentiary documents or data verify that military personnel were killed in action specified in Article 54-2(1)1 of the Military Personnel Management Act or fall under Type "I" death referred to in subparagraph 2a of that paragraph; |
| 5. | Where official evidentiary documents or data verify that a police official or a fire official is a public official who died in line of duty while under danger under the Public Officials’ Accident Compensation Act. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 9 (Notification of verification of fact related to requirements for persons of distinguished service to the State) |
| (1) | "Head of an agency to which a person belonged" in the latter part of Article 6(3) of the Act shall be classified as follows: <Amended on Jun. 27, 2012; Mar. 23, 2013; Dec. 4, 2013; Nov. 19, 2014; Nov. 20, 2015; Jul. 26, 2017; Sep. 18, 2018; Jun. 30, 2020> |
| 1. | In cases of a member of the National Assembly: The Secretary General of the National Assembly; |
| 2. | In cases of a police officer and conscripted policeman: The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard; |
| 3. | In cases of a soldier: The Minister of National Defense; |
| 3-2. | In cases of a firefighter and conscripted firefighter: The Fire Commissioner of the National Fire Agency; |
| 4. | In cases of public officials other than public officials under subparagraphs 1 through 3 and 3-2, they shall be classified as follows: |
| a. | In cases of a public official who files an application for approval for convalescence for official purpose or claims disability benefits under Article 28 or 41 of the Enforcement Decree of the Public Officials’ Accident Compensation Act: The Minister of Personnel Management; |
| b. | In cases of a public official who fails to file an application for approval for convalescence for official purpose or to claim disability benefits under Article 28 or 41 of the Enforcement Decree of the Public Officials’ Accident Compensation Act (including a public official not subject to the public officials’ accident compensation act): The head of an agency in which the relevant public official held an office at the time he or she died or suffered wounds (including a disease); |
| 5. | In cases of a public service worker: The Commissioner of the Military Manpower Administration; |
| 6. | In cases of a member of alternative service personnel: The Minister of Justice. |
| (2) | Where the head of an agency (hereinafter referred to as "head of an agency to which a person belonged") under paragraph (1) receives an application for verification as to whether the person meets requirements under Article 4(1)3 through 6, 14 and 15 of the Act from the relevant wounded person, his or her family or a bereaved family of a deceased person; or receives a request for the confirmation thereof from the Minister of Patriots and Veterans Affairs, he or she shall verify the fact related to such requirements and notify, without delay, the Minister of Patriots and Veterans Affair of the fact. <Amended on Jun. 27, 2012; May 23, 2023> |
| (3) | Where the Minister of the Interior and Safety is requested by the Minister of Patriots and Veterans Affairs to verify the fact that a person of distinguished military service and person of distinguished service to the State were awarded a decoration, he or she shall notify the Minister of Patriots and Veterans Affairs of the fact, without delay, that the person of distinguished military service and the person of distinguished service to the State were awarded a decoration along with a copy of the register of decorations awarded under Article 32 of the Enforcement Decree of the Awards and Decorations Act. <Amended on Jun. 30, 2011; Jun. 27, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; May 23, 2023> |
| (4) | Where the head of an agency to which a person belonged notifies the Minister of Patriots and Veterans Affairs pursuant to paragraph (2), he or she shall submit a written verification of the fact related to requirements for a person of distinguished service to the State prescribed by Decree of the Ministry of Patriots and Veterans Affairs to the Minister of Patriots and Veterans Affairs along with a medical certificate, medical record and other documents evidencing the fact related to requirements for a person of distinguished service to the State (in cases of a public official falling under paragraph (1)4a, including a written investigation of the details of wounds or disease and a copy of written determination of approval for convalescence for official purpose under Article 28 of the Enforcement Decree of the Public Officials’ Accident Compensation Act; written investigation of the details of a disability under Article 41 of that Decree; or written investigation of the details of death under Article 50 of that Decree). <Amended on Jun. 27, 2012; Sep. 18, 2018; May 23, 2023> |
| (5) | Where the head of an agency to which a person belonged gives notification under paragraph (2), a person shall immediately notify a who intends to register as a person of distinguished service to the State, his or her bereaved family or family of procedures for filing an application for registration, and examination. <Amended on Jun. 27, 2012> |
| (6) | Where the Minister of Patriots and Veterans Affairs is notified of the fact by the head of an agency to which a person belonged under paragraph (2), he or she shall submit the details thereof, without delay, to the Patriots and Veterans Entitlement Commission under Article 74-5 of the Act (hereinafter referred to as "Patriots and Veterans Entitlement Commission") for deliberation. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Jun. 27, 2012]
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| Article 10 (Examination of requirements for persons of distinguished services to the state and determination) |
| (1) | Where an application for registration under Article 8(1) is filed and the fact related to requirements under Article 9(6) is submitted, the Patriots and Veterans Entitlement Commission shall deliberate and determine whether the person meets requirements to be a person of distinguished service to the State. <Amended on Jun. 27, 2012> |
| (2) | The Patriots and Veterans Entitlement Commission shall notify the Minister of Patriots and Veterans Affairs, without delay, of the result under paragraph (1). <Amended on Jun. 27, 2012; May 23, 2023> |
| (3) | Where the Minister of Patriots and Veterans Affairs is notified under paragraph (2), he or she shall determine whether the Act applies to the result, and notify an applicant and the head of an agency to which a person belonged, specifying reasons therefor; provided, he or she shall determine whether a person who meets requirements to be a person wounded under Article 4(1)4, 6 or 15 of the Act, whose case was deliberated and decided by the Patriots and Veterans Entitlement Commission, is subject to the Act after he or she conducts a physical examination and determines the disability rating provided for in this Decree. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Jun. 27, 2012]
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| Article 11 Deleted. <Jun. 27, 2012> |
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| Article 12 Deleted. <Jun. 27, 2012> |
SECTION 2 Physical Examinations and Determination of Disability Ratings
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| Article 13 (Determination of disability ratings upon paper screening) |
| (1) | "Case prescribed by Presidential Decree" in the latter part of Article 6-3(1) of the Act means any of the following cases: <Amended on May 23, 2023; Jun. 13, 2023> |
| 1. | Where a person who has suffered wounds by which he or she is eligible to be governed under Article 4(1)4, 6, 12, 15 or 17 of the Act dies before filing an application for registration as a person of distinguished service to the State in accordance with Article 6(1) and (2) of the Act and thus fails to undergo a new physical examination under Article 6-3(2)1 of the Act; |
| 2. | Where a person who falls under any of the following cases dies without undergoing the relevant physical examination on the grounds not attributable to him or her: |
| a. | A person who has suffered wounds by which he or she is eligible to be governed under Article 4(1)4, 6, 12, 15 or 17 of the Act and files an application for registration as a person of distinguished service to the State pursuant to Article 6(1) and (2) of the Act; |
| b. | A person who applies for a physical reexamination under Article 15; |
| c. | A person who applies for a physical examination for re-determination under Article 17 (including a person deemed to have applied for a physical examination for re-determination under Article 6-5(2) of the Act); |
| 3. | Where the Minister of Patriots and Veterans Affairs deems that reasonable grounds exist for a person to obtain a disability rating through changes in the applicable statutes or regulations relating to the criteria for determining disability ratings, confirmation of new data, such as sick bed records, after he or she has failed to obtain a disability rating upon a physical examination under Article 6-3(2)1 through 3 of the Act; |
| 4. | Deleted; <Jun. 13, 2023> |
| 5. | Where it is necessary to make an adjustment to a disability rating following administrative adjudication or court's final judgment on the determination of the disability rating; |
| 6. | In any of the following cases where the head of a veterans hospital under Article 7 of the Korea Veterans Health Service Act (hereinafter referred to as "veterans hospital") deems that paper screening is necessary (excluding a national medical certificate of disability for veterans under Article 6-3(8) of the Act): |
| a. | Where an alert of serious level under the main clause of Article 38(2) of the Framework Act on the Management of Disasters and Safety is issued due to a Class 1 infectious disease defined in subparagraph 2 of Article 2 of the Infectious Disease Control and Prevention Act; |
| b. | In cases of patients with severe cancer, severe cerebrovascular disease, severe heart disease, severe burns, severe trauma, etc. who have difficulty traveling to a physical examination location. |
| (2) | "Hospital-level medical institution or higher prescribed by Presidential Decree" in Article 6-3(8) of the Act means any of the following: <Added on Jun. 13, 2023> |
| 1. | A police hospital under Article 2(2) of the Decree on the Organization of the Korean National Police Agency and Institutions under Its Jurisdiction; |
| 2. | The Armed Force Capital Hospital established under the jurisdiction of the Armed Forces Medical Command pursuant to Article 6(2) of the Decree on the Armed Forces Medical Command; |
| 3. | Any of the following medical institutions at or above hospital-level, as determined and publicly notified by the Minister of Patriots and Veterans Affairs: |
| a. | A public health and medical institution defined in subparagraph 3 of Article 2 of the Public Health and Medical Services Act; |
| b. | A hospital specified in the items of Article 3(2)3 of the Medical Service Act. |
[This Article Wholly Amended on Dec. 1, 2020]
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| Article 14 (Classification of disability ratings) |
| (1) | Disability ratings of 1 and 6 in shall be sub-classified into items 1 through 3 pursuant to Article 6-4(3) of the Act. <Amended on Jun. 27, 2012> |
| (2) | Matters concerning the method of determining physical disabilities, the method of measuring locomotor dysfunction, etc. shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Jun. 27, 2012; May 23, 2023> |
| (3) | The classification of disability ratings based on the degrees of physical disabilities shall be as specified in Appendix 3. |
| (4) | Where a physical disability is not provided for in the degrees of physical disabilities in the classifications of disability ratings under Appendix 3, disability ratings shall be determined based on the degrees of physical disabilities in the aforesaid classifications in accordance with the degrees of such disabilities. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 15 (Physical re-examination) |
| (1) | A person who has an objection to a determination made through a new physical examination may prepare an application for physical re-examination, specifying grounds therefor; and file an application for physical re-examination with the Minister of Patriots and Veterans Affairs within 60 days from the date he or she is notified of the result of physical examination. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | Where the Minister of Patriots and Veterans Affairs deems an application under paragraph (1) well grounded, he or she shall re-conduct the relevant physical examination. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 16 (Physical examination for re-verification) |
| (1) | In cases of a person who fails to be granted a disability rating in a new physical examination or physical reexamination, in whose case two years have passed from the date such determination is made or he or she has a proper reason to obtain a disability rating due to the recurrence or aggravation of wounds he or she suffered, he or she may file an application for physical examination for re-verification when he or she files an application for registration with the Minister of Patriots and Veterans Affairs under Article 6(1) of the Act. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | Where an application is filed under paragraph (1), procedures pursuant to Article 10(1) may be omitted. |
| (3) | Where the Minister of Patriots and Veterans Affairs deems an application under paragraph (1) reasonable, he or she shall re-conduct the relevant physical examination. <Amended on Jun. 27, 2012; May 23, 2023> |
| (4) | In cases of a person who fails to be granted a disability rating in a physical examination for re-verification under paragraph (3), in whose case two years have passed from the date such determination is made or he or she has a due ground to be granted a disability rating due to the wounds he or she suffered recurring or being aggravation, he or she may file an application for physical examination for re-verification again. <Amended on Jun. 27, 2012> |
| (5) | Paragraphs (1) through (3) shall apply mutatis mutandis to physical examinations for re-verification under paragraph (4). |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 17 (Physical examination for re-determination) |
| (1) | Any of the following persons may file an application for physical examination for re-determination with the Minister of Patriots and Veterans Affairs: <Amended on Jun. 27, 2012; May 23, 2023> |
| 1. | A person in whose case two years have passed from the date he or she obtained the final disability rating; |
| 2. | Deleted; <Jun. 27, 2012> |
| 3. | A person who has a due ground by which a disability rating may be changed due to the wounds he or she suffered recurring or being aggravation. |
| (2) | Where the Minister of Patriots and Veterans Affairs deems an application under paragraph (1) reasonable, he or she shall re-conduct a physical examination. <Amended on Jun. 27, 2012; Nov. 20, 2018; Jun. 7, 2020; May 23, 2023> |
| (3) | "Special reasons prescribed by Presidential Decree" in Article 6-3(3)3 of the Act and paragraph (6) of that Article means any of the following cases, respectively: <Amended on Jun. 27, 2012> |
| 1. | Where a natural disaster or any other natural disaster corresponding thereto occurs; |
| 2. | Where it is difficult to relocate due to the hospitalization to undergo surgery, etc. or medical diagnosis and treatment; |
| 3. | Where any other unavoidable cause is deemed to exist, under which it is difficult for a person to undergo a physical examination. |
| (4) | Where it is difficult to verify whether a person falls under paragraph (3)2 or 3, the Minister of Patriots and Veterans Affairs may require the person who should undergo a physical examination to submit a statement of grounds. <Amended on Jun. 27, 2012; May 23, 2023> |
| (5) | Wounds (including a disease; hereafter in this Article the same shall apply) on which a person should undergo a physical examination for re-determination ex officio pursuant to Article 6-3(4)1 of the Act and the timing of such physical examination shall be as specified in Appendix 3-2. <Amended on Jun. 27, 2012> |
| (6) | In cases of a person who has at least two types of physical disabilities due to which he or she obtained a disability rating, in whose case the final disability rating is not changed due to other types of disabilities even though the disability rating he or she obtained based on the type of disabilities under Appendix 3-2 is changed, the Minister of Patriots and Veterans Affairs may exclude him or her from persons eligible for physical examination for re-determination ex officio, notwithstanding paragraph (5). <Added on Jun. 27, 2012; May 23, 2023> |
| (7) | The Minister of Patriots and Veterans Affairs shall notify a person who has failed to undergo a physical examination for re-determination ex officio without any special grounds under paragraph (3) to undergo a physical examination for re-determination at least twice. <Added on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Jun. 27, 2012]
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| Article 18 (Date of physical examination) |
A physical examination shall be conducted on the date designated by the Minister of Patriots and Veterans Affairs in consultation with the head of a veterans hospital at least once a month. <Amended on Jun. 27, 2012; Dec. 1, 2020; May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 19 (Procedures for determining disability ratings) |
| (1) | A disability rating shall be determined through deliberation and resolution by the Patriots and Veterans Entitlement Commission pursuant to Article 6-4 of the Act, based on a physical examination conducted by a physician, such as a medical specialist in the relevant field, commissioned by the head of a veterans hospital. In such cases, criteria for determining disability ratings shall be as specified in Appendix 3 at the time the deliberation and resolution by the Commission is made. <Amended on Jan. 7, 2020> |
| (2) | The Minister of Patriots and Veterans Affairs may pay an allowance to a physician who has conducted a physical examination pursuant to paragraph (1) within the budget. |
| (3) | In addition to the matters provided for in paragraphs (1) and (2) and Articles 13 through 18, the Minister of Patriots and Veterans Affairs shall determine matters necessary for operating, etc. physical examinations. <Amended on May 23, 2023> |
[This Article Wholly Amended on Jun. 27, 2012]
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| Article 19-2 (Special cases concerning determination of disability ratings) |
The Minister of Patriots and Veterans Affairs shall determine a person falling under any of the subparagraphs of Article 6-6(1) of the Act as a soldier or police officer wounded in action, soldier or police officer wounded in the line of duty or public official wounded in the line of duty by comprehensively determining each wound pursuant to subparagraph 9 of Appendix 3, and provide compensation and assistance under Chapters II through VII.
[This Article Added on Jun. 27, 2012]
CHAPTER II VETERANS’ BENEFITS
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| Article 20 (Disability ratings of soldiers, police officers wounded in action eligible for dependency and indemnity compensation) |
"Disability rating prescribed by Presidential Decree" in Article 12(1)4 of the Act means Rating 6 of the disability ratings.
[This Article Wholly Amended on Jun. 27, 2012]
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| Article 21 (Mental or physical disability due to which persons cannot afford to make living) |
"Disability prescribed by Presidential Decree to the extent that he or she has no means to support his or her own livelihood" in Articles 12(2) and 15-2(3) of the Act means a mental or physical disability falling under the classifications of disabilities of disabled persons under Appendix 2. <Amended on Jun. 27, 2012>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 21-2 Deleted. <Dec. 21, 2006> |
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| Article 22 (Monetary compensation) |
The Minister of Patriots and Veterans Affairs shall pay compensation to persons of distinguished service to the State and their bereaved families under Article 12(1) and (2) of the Act in accordance with the classification of payment under Appendix 4. <Amended on Jun. 27, 2012>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 23 (Allowances) |
| (1) | "Allowances prescribed by Presidential Decree" in Article 11(2)8 of the Act means the following allowances: <Amended on Jun. 27, 2012; Mar. 27, 2018> |
| 2. | Allowance for at least two deceased persons; |
| (2) | The Minister of Patriots and Veterans Affairs shall pay allowances under the subparagraphs of paragraph (1) to persons eligible for compensation under Article 12(1) and (2) of the Act in accordance with the classification of payment under Appendix 4-2; provided, where each of the parents of a person of distinguished service to the State to whom the monetary compensation shall be divided equally and paid separately in accordance with Article 13(2)3 of the Act, is an eligible person for any of the allowances provided in Appendix 4-2, the Minister shall equally divide and separately pay such allowance to each of the parents. <Amended on Jun. 27, 2012; Dec. 24, 2019; May 23, 2023> |
| (3) | An old age allowance under paragraph (1)1 shall not be paid to a person eligible for the following allowances: <Amended on Jan. 13, 2022> |
| 1. | A family allowance under Article 11(2)5 of the Act; |
| 2. | An allowance for at least two deceased persons under paragraph (1)2; |
| 3. | An allowance for at least two deceased persons under subparagraph 2 of Article 9 of the Enforcement Decree of the Act on Support for Persons Eligible for Veteran’s Compensation. |
| (4) | Notwithstanding paragraph (3), where a family allowance under Article 11(2)5 of the Act is less than an old age allowance under paragraph (1)1, the Minister of Patriots and Veterans Affairs shall pay an old age allowance equivalent to the difference between those amounts. <Added on Jan. 13, 2022; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 24 (Methods of designating recipients of monetary compensation through consultation and effect thereof) |
| (1) | A person who intends to obtain monetary compensation following consultation among bereaved family members pursuant to Article 13(2)1 of the Act shall submit a written designation of a recipient of monetary compensation prescribed by Decree of the Ministry of Patriots and Veterans Affairs to the Minister of Patriots and Veterans Affairs along with certificates of seal impressions of all bereaved family members in the same order (where such person is a minor, referring to a certificate of the seal impression of his or her legal representative) following consultation among all bereaved family members in the same order; provided, in extenuating circumstances under which he or she is unable to submit a written designation of a recipient of monetary compensation, such as where any bereaved family member in the same order is residing in a foreign country, he or she may substitute a notarial deed under the Notary Public Act indicating that he or she was designated as a recipient of monetary compensation for a written designation of a recipient of monetary compensation. <Amended on Jun. 27, 2012; Dec. 24, 2019; May 23, 2023> |
| (2) | The effect of consultation under Article 13(2)1 shall not be changed by the will of one of the parties; provided, even though one of the parents of a person of distinguished service to the State is determined as a person to receive monetary compensation through consultations, where one of the parents applies for an equal division and separate payment of the monetary compensation under Article 13(2)3 of the Act, the effect of consultation for designation of a recipient of monetary compensation shall cease to exist. <Added on Dec. 24, 2019> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Dec. 24, 2019]
[Moved from Article 24-2; previous Article 24 moved to Article 24-2 <Dec. 24, 2019>]
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| Article 24-2 (Payment of monetary compensation to persons who mainly supported or raised persons of distinguished service to the state) |
| (1) | Pursuant to Article 13(2)2 of the Act, where a person intends to receive monetary compensation as a person mainly supports or raised a person of distinguished service to the State, he or she shall submit documents proving that he or she supports or raised the person of distinguished service to the State, to the Minister of Patriots and Veterans Affairs. <Amended on Jun. 27, 2012; Dec. 24, 2019; May 23, 2023> |
| (2) | Where a dispute arises among bereaved family members in the same order when each of them proves under paragraph (1) that he or she mainly supports or raised a person of distinguished service to the State, the Minister of Patriots and Veterans Affairs shall determine a person who is entitled to receive monetary compensation following deliberation and resolution by the Patriots and Veterans Entitlement Commission. <Amended on Jun. 27, 2012> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Dec. 24, 2019]
[Moved from Article 24; previous Article 24-2 moved to Article 24 <Dec. 24, 2019>]
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| Article 24-3 (Application for equal division and separate payment of monetary compensation by parent of person of distinguished service to the state) |
| (1) | A parent of a person of distinguished service to the State who intends to receive monetary compensation equally divided and paid separately under Article 13(2)3 of the Act shall submit an application for the equal division and separate payment of monetary compensation, etc. as prescribed by Decree of the Ministry of Patriots and Veterans Affairs, to the Minister of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
| (2) | Except as provided in paragraph (1), necessary matters concerning the methods of and procedures for the equal division and separate payment of monetary compensation to the parents of persons of distinguished service to the State shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
[This Article Added on Dec. 24, 2019]
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| Article 25 (Cost of Living Allowances) |
| (1) | The Minister of Patriots and Veterans Affairs shall pay cost of living allowances under Article 14 of the Act to persons meeting standards determined and publicly notified by the Minister based upon standards of cost of living of ordinary people, the fluctuations in wages and the prices of goods and services in the private sector in accordance with the classification of payment under Appendix 5. <Amended on Dec, 24, 2019; May 23, 2023> |
| (2) | Where a person eligible for a cost of living allowance under paragraph (1) is a parent of a person of distinguished service to the State, the cost of living allowance falling under the classification of payment shown in Appendix 5 may be equally divided and separately paid. In such cases, where a parent of a person of distinguished service to the State intends to receive a cost of living allowance shall submit an application for the equal division and separate payment of monetary compensation, etc. as prescribed by Decree of the Ministry of Patriots and Veterans Affairs, to the Minister of Patriots and Veterans Affairs. <Added on Dec. 24, 2019; May 23, 2023> |
[This Article Wholly Amended on Jun. 27, 2012]
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| Article 25-2 (Applications for Payment of Cost of Living Allowances) |
| (1) | A person who intends to receive a cost of living allowance (hereinafter referred to as "person who wishes to receive a cost of living allowance") pursuant to Article 14(1) of the Act shall submit an application for payment prescribed by Decree of the Ministry of Patriots and Veterans Affairs to the Minister of Patriots and Veterans Affairs along with relevant documents, such as a report on income and property of such person. <Amended on May 23, 2023; Aug. 6, 2024> |
| (2) | "Reasons prescribed by Presidential Decree, such as mobility difficulties" in Article 14-2(3)2 of the Act means any of the following: <Added on Aug. 6, 2024> |
| 1. | Where the relevant person has mobility difficulties; |
| 2. | Where the relevant person is hospitalized or under long-term medical care due to a disease or injury, etc.; |
| 3. | Where the relevant person has been assigned a disability rating based on a physical examination conducted under Article 6-3 of the Act (applicable only to persons of distinguished service to the State); |
| 4. | Where the relevant person is at least 65 years of age or under 19 years of age. |
| (3) | A public official in charge may obtain consent to a proxy application by a public official in charge under Article 14-2(3)3 of the Act, by any of the following methods: <Added on Aug. 6, 2024> |
| 1. | Notifying a person who wishes to receive a cost of living allowance of a document stating that the person consents to a proxy application by a public official in charge, by mail, fax, email, or other similar means; and receiving a written consent signed or sealed by the person; |
| 2. | Notifying a person seeking to receive livelihood improvement allowances of the details of consent to a proxy application by a public official in charge by phone, confirming the person's consent to such application, and recording such fact in writing, by video recording, or by other similar means. |
| (4) | Other necessary matters concerning methods and procedures for filing an application for a cost of living allowance shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023; Aug. 6, 2024> |
[This Article Added on Jun. 27, 2012]
[Title Amended on Aug. 6, 2024]
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| Article 25-3 (Scope of household members) |
| (1) | "Persons prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 14-2(2) of the Act means the following persons: |
| 1. | A member of a family (referring to a family under Article 779 of the Civil Act) registered with a person who wishes to receive a cost of living allowance in the resident registration card for each household under Article 6(1) of the Enforcement Decree of the Resident Registration Act; |
| 2. | Any of the following persons, other than those falling under the category specified in subparagraph 1; |
| a. | The spouse (including a person in a de facto marital relationship) of a person who wishes to receive a cost of living allowance; |
| b. | An unmarried child under 30 years of age of a person who wishes to receive a cost of living allowance: |
| c. | A person who is obligated to support a person who wishes to receive a cost of living allowance (referring to his or her spouse, parents, children and their spouses who are obligated to support him or her: hereinafter the same shall apply) and is actually providing such support. |
| (2) | Notwithstanding paragraph (1), any of the following persons shall be excluded from household members under the provisions, with the exception of the subparagraphs, of Article 14-2(2) of the Act (hereinafter referred to as "household members"): |
| 1. | Active duty military personnel or other persons who live separately from a person who wishes to receive a cost of living allowance for the purpose of fulfilling legal obligations and whose livelihood is guaranteed in relation to the performance of such obligations; |
| 2. | A person subject to a verification investigation under Article 25-5 who, within 180 days prior to the commencement of the investigation, stayed abroad or has been staying abroad for more than 60 days in total; |
| 3. | A person confined in a correctional institution, detention center, or medical treatment and custody facility, etc. under the Act on Execution of Sentences and Treatment of Inmates, the Medical Treatment and Custody Act, or other relevant statutes; |
| 4. | A person receiving assistance at a facility for senior citizens or child- rearing facility under Articles 63 and 64 of the Act; |
| 5. | A person for whom a declaration of disappearance under Article 27 of the Civil Act are in progress; |
| 6. | A person for whom 1 month has passed since having been reported as missing or running away from home to an administrative agency such as a police station, or whose missing or runaway status has been confirmed by the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), or the Jeju Special Self-Governing Province Governor; |
| 7. | Other persons recognized by the Minister of Patriots and Veterans Affairs as living separately in terms of livelihood and residence from a person who wishes to receive a cost of living allowance. |
[This Article Added on Apr. 1, 2025]
[Previous Article 25-3 moved to Article 25-4 <Apr. 1, 2025>]
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| Article 25-4 (Scope of financial information) |
| (1) | "Average balance of deposits ... and other data or information or data prescribed by Presidential Decree" in Article 14-2(2)1 of the Act means the following data or information: |
| 1. | Demand deposits, such as ordinary deposits, savings deposits, and free savings deposits: Average balance within the most recent 3 months; |
| 2. | Savings deposits, such as time deposits, installment savings, and term savings: Account balance or total amount paid in; |
| 3. | Stocks, beneficiary certificates, investment funds, equity shares, real estate (or pension) trusts: The final market value; in such cases, Article 54(1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the evaluation of the value of unlisted stocks; |
| 4. | Bonds, promissory notes, checks, debt certificates, certificates of preemptive rights, or certificates of deposit: The face value; |
| 5. | Pension savings: The amount paid periodically or the final balance. |
| (2) | "Amount of debts and other data or information prescribed by Presidential Decree" in Article 14-2(2)2 of the Act means the following data or information: |
| 1. | Current loans and details of arrears; |
| 2. | Unsettled credit card balance. |
| (3) | "Premiums and other data or information prescribed by Presidential Decree" in Article 14-2(2)3 of the Act means the following data or information: |
| 1. | Insurance policy: Refund amount receivable upon cancellation or insurance benefits paid within the most recent 1 year; |
| 2. | Pension insurance: Refund amount receivable upon cancellation or amounts paid periodically. |
| (4) | Matters necessary to submit documents confirming consent to provide financial information under paragraph (1), credit information under paragraph (2), and insurance information under paragraph (3) (hereinafter referred to as "financial information, etc.") shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
[This Article Added on Jun. 27, 2012]
[Moved from Article 25-3; previous Article 25-4 moved to Article 25-5 <Apr. 1, 2025>]
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| Article 25-5 (Verification investigations) |
The Minister of Patriots and Veterans Affairs shall formulate an annual investigation plan including the following to verify whether the entitlement to receive a cost of living allowance arises or is lost with respect to a person who wishes to receive a cost of living allowance, a recipient of a cost of living allowance (referring to a person who receives such allowance and falls under any category specified in the subparagraphs of Article 14(1) of the Act; hereinafter the same shall apply), and their household members: <Amended on May 23, 2023; Apr. 1, 2025>
| 1. | Basic direction of investigations; |
| 2. | Scope, details, timing of and procedures for investigations and inquiries, and a plan to establish a cooperative system to secure data; |
| 3. | Other matters necessary to means-test a person who wishes to receive a cost of living allowance, a recipient of a cost of living allowance, and their household members. |
[This Article Added on Jun. 27, 2012]
[Moved from Article 25-4; previous Article 25-5 moved to Article 25-6 <Apr. 1, 2025>]
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| Article 25-6 (Request for, and provision of, financial information) |
| (1) | Where the Minister of Patriots and Veterans Affairs requests the head of a financial company, etc. (including a financial company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a centralized credit information collection agency permitted in Article 25(2)1 of the Credit Information Use and Protection Act) to provide financial information, etc. pursuant to Article 14-4 of the Act on a person who wishes to receive a cost of living allowance, a recipient of a cost of living allowance, and their household members, the Minister shall include the following in the details of requested matters: <Amended on Aug. 4, 2020; May 23, 2023; Apr. 1, 2025> |
| 1. | Names and resident registration numbers of the person who wishes to receive a cost of living allowance, the recipient of a cost of living allowance, and their household members; |
| 2. | Scope of financial information, etc. requested, and reference base date and reference period. |
| (2) | Where the head of a financial company, etc. in receipt of a request pursuant to paragraph (1) provides relevant financial information, etc. to the Minister of Patriots and Veterans Affairs, he or she shall provide the following matters: <Amended on May 23, 2023; Apr. 1, 2025> |
| 1. | Names and resident registration numbers of the person who wishes to receive a cost of living allowance, the recipient of a cost of living allowance, and their household members; |
| 2. | Name of the financial company, etc. that provides financial information, etc.; |
| 3. | Names of financial products subject to provision and account numbers; |
| 4. | Details of financial information, etc. |
| (3) | The Minister of Patriots and Veterans Affairs may request the head of a financial company, etc. to provide financial information, etc. using an information and communications network of an association, federation, national federation, or similar organization in which the relevant financial company, etc. has a membership. <Amended on May 23, 2023> |
| (4) | Where the Minister of Patriots and Veterans Affairs requests the head of a financial company, etc. to provide financial information, etc. of a recipient of a cost of living allowance and his or her household members pursuant to Article 14-4(2) of the Act, he or she shall request the minimum financial information, etc. necessary to examine the verification of entitlement to a cost of living allowance. <Amended on May 23, 2023; Apr. 1, 2025> |
[This Article Added on Jun. 27, 2012]
[Moved from Article 25-5; previous Article 25-6 moved to Article 25-7 <Apr. 1, 2025>]
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| Article 25-7 (Guidance on application for cost of living allowances) |
| (1) | "Persons prescribed by Presidential Decree" in Article 14-5(1) of the Act means any of the following: <Amended on Apr. 1, 2025> |
| 1. | A person who receives at least 1 benefit from among the benefits specified in Article 7(1)1 through 4 of the National Basic Living Security Act and does not receive the cost of living allowances; |
| 2. | A person who is not a recipient under the National Basic Living Security Act and does not receive the cost of living allowance. |
| (2) | The Minister of Patriots and Veterans Affairs shall publish the requirements for entitlement to the cost of living allowance, methods of applying for payment thereof, and other relevant matters in the periodical published by the Ministry of Patriots and Veterans Affairs in January of each year pursuant to Article 14-5(1) of the Act and send the periodicals to persons described in the subparagraphs of paragraph (1). <Amended on May 23, 2023> |
| (3) | Pursuant to Article 14-5(2) of the Act, the Minister of Patriots and Veterans Affairs shall provide individual guidance to persons specified in paragraph (1)1 of this Article to apply for the payment of the cost of living allowance by mail, telephone, information and communications network, or other means. <Amended on May 23, 2023> |
| (4) | Where it is verified that a person who has applied for the payment of the cost of living allowance pursuant to Article 25-2(1) is a person described in paragraph (1)1, the Minister of Patriots and Veterans Affairs may pay the cost of living allowance without an investigation and inquiry prescribed in Article 14-3 of the Act. <Amended on May 23, 2023> |
[This Article Added on May 21, 2019]
[Moved from Article 25-6 <Apr. 1, 2025>]
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| Article 26 (Nursing allowances) |
| (1) | Standards for paying nursing allowances under Article 15 of the Act and the amounts to be paid shall be as specified in Appendix 5-2. <Amended on Jan. 12, 2024> |
| (2) | Notwithstanding paragraph (1), a person registered as of July 1, 2012 (including a person who filed an application for registration before July 1, 2012 and was registered after July 1, 2012; but excluding a person determined to have incurred a physical disability corresponding to a disability rating pursuant to Article 3 of the Addenda of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (Act No. 11041)), as a soldier or police officer wounded in action or on active duty, a person wounded in the April 19 Revolution, a public official wounded in the line of duty, a special contributor who suffered wounds, or a soldier, a police officer, or a public official being treated similarly to a person who rendered distinguished service to the State under Article 73-2 of the previous Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (referring to before amended by the Act (Act No. 11041)) shall be paid nursing allowances in accordance with the following classification of disability ratings: <Added on Jan. 12, 2024; Jan. 14, 2025> |
| 1. | A disability rating of 1-1: 3,214,000 won per month; |
| 2. | A disability rating of 1-2: 3,092,000 won per month; |
| 3. | A disability rating of 1-3: 2,974,000 won per month; |
| 4. | A disability rating of 2: 1,028,000 won per month. |
[This Article Wholly Amended on Jun. 27, 2012]
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| Article 26-2 (Family allowances) |
| (1) | "Disability rating prescribed by Presidential Decree" in Article 15-2(1)1 of the Act means a disability rating of 7. |
| (2) | Family allowances shall be paid to persons falling under any of the subparagraphs of Article 15-2(1) of the Act according to the classification of payment specified in Appendix 5-3. |
[This Article Added on Jun. 27, 2012]
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| Article 26-3 (Severe disability supplemental allowances) |
| (1) | "Disability rating prescribed by Presidential Decree" in Article 16(1) of the Act means a disability rating of 1. |
| (2) | Amounts of monthly payment of severe disability supplemental allowances under Article 16 of the Act shall be as follows: <Amended on Jan. 14, 2013; Jan. 14, 2014; Jan. 12, 2015; Jan. 7, 2016; Dec. 30, 2016; Dec. 29, 2017; Dec. 31, 2018; Jan. 7, 2020; Jan. 5, 2021; Jan. 13, 2022; Jan. 13, 2023; Jan. 12, 2024; Jan. 14, 2025> |
| 1. | A person eligible for a disability rating of 1-1: 2,899,000 won; |
| 2. | A person eligible for a disability rating of 1-2: 2,005,000 won; |
| 3. | A person eligible for a disability rating of 1-3: 1,221,000 won. |
[This Article Added on Jun. 27, 2012]
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| Article 27 (Special allowances for disability rating 1) |
Notwithstanding Article 26-3, a person registered as of July 1, 2012 (including a person who filed an application for registration before July 1, 2012 and was registered after July 1, 2012; but excluding a person determined to have incurred a physical disability corresponding to a disability rating pursuant to Article 3 of the Addenda of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (Act No. 11041)), as a soldier or police officer wounded in action or on active duty, a person wounded in the April 19 Revolution, a special contributor who suffered wounds, or a soldier or a police officer being treated similarly to a person who rendered distinguished service to the State under Article 73-2 of the previous Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (referring to before amended by the Act (Act No. 11041)) shall be paid special allowances for a disability rating 1: <Amended on Jan. 14, 2025>
| 1. | A person eligible for a disability rating of 1-1: 2,899,000 won per month; |
| 2. | A person eligible for a disability rating of 1-2: 2,005,000 won per month; |
| 3. | A person eligible for a disability rating of 1-3: 1,221,000 won per month. |
[This Article Added on Jan. 12, 2024]
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| Article 27-2 (Allowances for military merit honor) |
The amounts of allowances for military merit honor to be paid for each Rating of the Order of Military Merit under Article 16-2 of the Act shall be as specified in Appendix 5-4.
[This Article Wholly Amended on Jul. 31, 2012]
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| Article 27-3 (Allowances for children of soldiers and police officers killed in Korean War) |
| (1) | A person who intends to receive an allowance for the children of soldiers and police officials killed in the Korean War after consultation among the children pursuant to Article 16-3(1)1 of the Act shall submit a written designation of a recipient of the allowance for the children of soldiers and police officials killed in the Korean War prescribed by Decree of the Ministry of Patriots and Veterans Affairs, along with a certificate of all the children’s seal impression, to the Minister of Patriots and Veterans Affairs; provided, where any unavoidable grounds exist making it impracticable to submit a written designation of a recipient of the allowance for the children of soldiers and police officials killed in the Korean War, such as a child living in a foreign country, the submission of such designation may be replaced by the submission of notarial deeds under the Notary Public Act which indicate the designation of a recipient of the allowance for the children of soldiers and police officials killed in the Korean War. <Amended on Dec. 30, 2022; May 23, 2023> |
| (2) | The consultation on the designation of a recipient of an allowance for the children of soldiers and police officials killed in the Korean War referred to in Article 16-3(1)1 of the Act shall be invalid, if one of the children with whom consultation is conducted files an application for the equal division and payment of the allowance for the children of soldiers and police officials killed in the Korean War pursuant to the former part of subparagraph 3 of that paragraph. <Added on Dec. 30, 2022> |
| (3) | Pursuant to Article 16-3(1)2 of the Act, a person who primarily cared for the person of distinguished service to the State and who intends to receive an allowance for the children of soldiers and police officials killed in the Korean War shall submit documents evidencing such fact to the Minister of Patriots and Veterans Affairs. <Added on Dec. 30, 2022; May 23, 2023> |
| (4) | Where a dispute arises among the children of a person of distinguished service to the State when a child who primarily cared for the person pursuant to paragraph (3) seeks to provide that, the child to be paid an allowance for the children of soldiers and police officials killed in the Korean War shall be determined after deliberation and resolution by the Patriots and Veterans Entitlement Commission. <Added on Dec. 30, 2022> |
| (5) | A child who intends to be paid an allowance equally divided among the children of soldiers and police officials killed in the Korean War pursuant to Article 16-3(1)3 of the Act shall submit an application for divided payment of the allowance for the children of soldiers and police officers killed in the Korean War prescribed by Decree of the Ministry of Patriots and Veterans Affairs to the Minister of Patriots and Veterans Affairs. <Added on Dec. 30, 2022; May 23, 2023> |
| (6) | Except as provided in paragraph (5), matters necessary for the methods and procedures for equally dividing and paying an allowance for the children of soldiers and police officials killed in the Korean War shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Added on Dec. 30, 2022; May 23, 2023> |
| (7) | The amount of an allowance for the children of soldiers and police officials killed in the Korean War and the methods for the payment thereof pursuant to Article 16-3(3) of the Act shall be as specified in Appendix 5-5. <Added on Dec. 30, 2022> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 27-4 (Allowances for contribution to April 19 Revolution) |
The amount of allowances for contribution to the April 19 Revolution under Article 16-4 of the Act shall be 461,000 won per month. <Amended on Dec. 31, 2018; Jan. 7, 2020; Jan. 5, 2021; Jan. 13, 2022; Jan. 13, 2023; Jan. 12, 2024; Jan. 14, 2025>
[This Article Added on Mar. 27, 2018]
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| Article 28 (Lump-sum death benefits) |
| (1) | The amounts of lump-sum death benefits to be paid under Article 17 of the Act shall be as specified in Appendix 6. |
| (2) | A person who intends to be paid lump-sum death benefits under paragraph (1) shall submit an application for payment of lump-sum death benefits to the Minister of Patriots and Veterans Affairs, along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 28-2 (Reasons for payment of veterans' benefits in cash) |
"Where there is any unavoidable reason prescribed by Presidential Decree, such as damage to the information and communications network" in the proviso of Article 17-2(1) of the Act means any of the following cases: <Amended on May 23, 2023>
| 1. | Where a post office or a bank at which an account for depositing veterans' benefits (referring to an account opened at a post office under the postal savings and insurance act (hereinafter referred to as "post office") or a bank under the Banking Act (hereinafter referred to as "bank"); hereinafter the same shall apply) is opened, is unable to conduct its normal business operations due to the permanent closure or suspension of the business operations, an information and communication system failure, or any other similar event, making it impossible to transfer veterans' benefits; |
| 2. | Where the Minister of Patriots and Veterans Affairs deems the payment of veterans' benefits in cash inevitable. |
[This Article Added on Jun. 21, 2016]
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| Article 29 (Payment dates of veterans' benefits) |
| (1) | Monetary compensation, cost of living allowances, nursing allowances, family allowances, severe disability supplemental allowances, allowances for military merit honor, allowances for the children of soldiers and police officers killed in the Korean War, and allowances for contribution to the April 19 Revolution under Articles 12, 14, 15, 15-2, 16, 16-2, 16-3, and 16-4 of the Act and allowances under Article 23(1) of this Decree shall be paid on the 15th day of every month; provided, where the payment date of veterans' benefits falls on Saturday or a public holiday, the veterans' benefits shall be paid on the day before such payment date. <Amended on Jun. 27, 2012; Mar. 27, 2018> |
| (2) | In special circumstances, such as a natural disaster, accident or reasons corresponding thereto, notwithstanding paragraph (1), the Minister of Patriots and Veterans Affairs may separately determine the date for paying veterans' benefits. <Amended on May 23, 2023> |
| (3) | Notwithstanding paragraph (1), veterans' benefits for the period from January to December may be paid, in a lump sum in December, to persons receiving veterans' benefits by telegraphic transfer, who reside abroad. <Amended on Nov. 11, 2014> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 30 (Unpaid veterans' benefits) |
A person who intends to receive unpaid veterans' benefits pursuant to Article 18 of the Act shall submit an application for payment of unpaid veterans' benefits to the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs; provided, where information on attached documents can be verified by data matching administrative information under Article 36(1) of the Electronic Government Act, such verification shall be replaced with the attached documents. <Amended on May 4, 2010; Nov. 2, 2010; Jun. 27, 2012; May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 30-2 (Amount prohibited from attachment of veterans' benefits) |
"Amount below the level prescribed by Presidential Decree" in Article 19(3) of the Act means the total amount of monthly veterans' benefits paid pursuant to Article 17-2(2) of the Act.
[This Article Added on Jun. 21, 2016]
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| Article 31 (Suspension of payment of monetary compensation) |
The amounts of monetary compensation suspended from payment to persons of distinguished service to the State and their bereaved families who receive elderly care or child care assistance pursuant to Article 20 of the Act shall be as specified in Appendix 6-2.
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 32 Deleted. <Dec. 31, 1988> |
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| Article 32-2 (Methods of payment of veterans' benefits) |
| (1) | Article 17-2(1) of the Act shall apply mutatis mutandis to methods of paying any of the following grants, etc.: <Amended on Jun. 21, 2016; Jun. 13, 2023> |
| 1. | Grants under Article 25 of the Act; |
| 2. | Subsidies under Article 25-2 of the Act; |
| 3. | Educational subsidies under Article 26 of the Act; |
| 4. | Expenses incurred in providing vocational rehabilitation training and vocational skills development training under Article 38 of the Act; |
| 5. | Subsidies for ability development and grants under Article 39 of the Act; |
| 6. | Expenses incurred in rendering medical assistance under Article 42 of the Act; |
| 6-2. | Grants for medical fees under Article 42-2 of the Act; |
| 7. | Subsidies under Article 55 of the Act; |
| 8. | Subsidies for long-term care assistance under Article 63-2 of the Act. |
| (2) | Veterans' benefits, etc. paid in a deposit account of a persons entitled to veterans' benefits under Article 11 of the Act and grants, etc. under the subparagraphs of paragraph (1) (hereinafter referred to as "veterans' benefits") shall be deemed paid to the person; provided, where the person fails to collect all or some of a veterans' benefit, etc., in which case veterans' benefits, etc. were deposited in a deposit account of a person whose right to receive veterans' benefits, etc. lapsed because his or her circumstances falling under any of Article 6-2(1)1 through 7 of the Act were changed, the veterans' benefits, etc. shall not be deemed paid to the person. <Amended on Jun. 27, 2012; Jun. 21, 2016> |
| (3) | In cases falling under the proviso of paragraph (2), the Minister of Patriots and Veterans Affairs may cancel the payment of veterans' benefits, etc. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 32-3 (Verification of persons eligible to veterans' benefits) |
Where it is necessary to verify whether a person who receives veterans' benefits, etc. is a person entitled to veterans' benefits, etc., the Minister of Patriots and Veterans Affairs may request the head of a Si/Gun/Gu or Jeju Special Self-Governing Province Governor to verify the identity of the person who receives veterans' benefits, etc. at least once a year, and an agency requested to examine the identification shall examine the identification thereof without delay and notify the Minister of Patriots and Veterans Affairs of the result thereof. <Amended on Jun. 27, 2012, May 23, 2023; Jan. 14, 2025>
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Jun. 27, 2012]
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| Article 33 (Designation of persons who receive veterans' benefits on behalf of veterans) |
Where a person who is to receive veterans' benefits is unable to receive veterans' benefits due to illness, residing overseas, or any other unavoidable cause, he or she shall submit an application for approval of designation of a person who receives veterans' benefits on his or her behalf to the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs and obtain the designation of the person who receives veterans' benefits on his or her behalf. <Amended on Jun. 27, 2012; May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 34 Deleted. <Jun. 21, 2016> |
CHAPTER III EDUCATIONAL ASSISTANCE
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| Article 34-2 (Educational assistance based on standard of living) |
| (1) | "Disability rating prescribed by Presidential Decree" in Article 22(3)3 of the Act means Rating 6 of the disability ratings. |
| (2) | Educational assistance shall be provided to persons falling under any of the subparagraphs of Article 22(3) of the Act only where they meet standards the Minister of Patriots and Veterans Affairs determined and publicly notified based on costs of living of ordinary people, fluctuations in wages, prices of goods and services, etc. in the private sector. <Amended on May 23, 2023> |
| (3) | A person who intends to apply for educational assistance pursuant to the former part of Article 22(4) of the Act shall submit an application for educational assistance to the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
[This Article Added on Jun. 27, 2012]
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| Article 35 (Adjustment of percentage of school enrollment) |
| (1) | Where the demographics of persons eligible for educational assistance distributed across each region, who are to attend high schools and other schools corresponding thereto, exceeds the percentage of school enrollment under Article 23(1) of the Act, the Minister of Patriots and Veterans Affairs shall notify the Minister of Education of the number of persons eligible for educational assistance distributed in the relevant region. <Amended on Mar. 23, 2013; May 23, 2023> |
| (2) | Upon receipt of notification under paragraph (1), the Minister of Education shall determine a percentage of school enrollment for each Special Metropolitan City, Metropolitan City, Si, Gun and Special Self-Governing Province pursuant to Article 23(2) of the Act and notify the Superintendent of the Office of Education of a Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province (hereafter in this chapter referred to as "superintendent of the office of education of a city/do") of the percentage of school attendance ten days prior to each entrance examination. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 36 (Verification of persons eligible for educational assistance) |
| (1) | Where persons eligible for educational assistance wish to enter a middle school, high school or other schools corresponding thereto, the Minister of Patriots and Veterans Affairs shall verify whether such persons are eligible for educational assistance at the request of the head of a district office of education, the Superintendent of the Office of Education of a City/Do or the principal of a school who has received applications for allotment or applications for admission to a school. <Amended on Nov. 11, 2014; May 23, 2023> |
| (2) | The Minister of Patriots and Veterans Affairs shall prepare a list of persons who apply for admission to a middle school or high school as persons eligible for educational assistance under paragraph (1); and shall submit the list to the head of the competent district office of education in cases of applicants for admission to a middle school, or to the relevant Superintendent of the Office of Education of the competent City/Do in cases of applicants for admission to a high school. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Nov. 11, 2014]
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| Article 37 (Determination of admission of persons eligible for educational assistance to school) |
Admission of persons eligible for educational assistance to school who intend to attend a high school and other schools corresponding thereto shall be determined, as prescribed by the Superintendent of the Office of Education of a City/Do.
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 38 Deleted. <Dec. 31, 1993> |
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| Article 39 Deleted. <Jul. 27, 2005> |
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| Article 40 (Notification of determination of admission of persons eligible for educational assistance to school) |
The head of a district office of education or the Superintendent of the Office of Education of a City/Do shall notify the Minister of Patriots and Veterans Affairs of the list of persons eligible for educational assistance, whose admission to a middle school, high school or other schools corresponding thereto within the jurisdiction has been determined. <Amended on Jun. 27, 2012; Jun. 21, 2016; May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 41 (Transfer to another school) |
| (1) | Where a person eligible for educational assistance who attends a middle school or high school intends to transfer to another school, the Minister of Patriots and Veterans Affairs shall verify whether he or she is a person eligible for educational assistance at the request of the head of a district office of education, the Superintendent of the Office of Education of a City/Do or the principal of a school who has received an application for transfer to another school. <Amended on Jun. 27, 2012; Nov. 11, 2014; May 23, 2023> |
| (2) | Deleted. <Nov. 11, 2014> |
| (3) | Where a person is verified eligible for educational assistance pursuant to paragraph (1), the head of a district office of education or the Superintendent of the Office of Education of a City/Do shall assign the person eligible for educational assistance to a school district adjacent to his or her place of residence to the extent not exceeding a percentage of school enrollment for persons eligible for educational assistance at the relevant Rating level. <Amended on Jun. 27, 2012; Nov. 11, 2014> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 42 (Exemption from tuition fees and procedures for exemption) |
| (1) | Where a person who falls under any of the subparagraphs of Article 22(1) of the Act attends an educational institution falling under any of the subparagraphs of Article 22-2 of the Act, he or she shall be exempted from tuition fees, etc. (including admission fees and educational subsidies for a middle school or high school; hereinafter the same shall apply) under Article 25(1) of the Act. <Amended on Jun. 27, 2012; Jun. 21, 2016> |
| (2) | The fixed period of exemption from tuition fees, etc. for persons eligible for educational assistance shall be specified as follows: <Amended on May 23, 2023> |
| 1. | For a person eligible for educational assistance falling under Article 22(1)1 or 2 of the Act, until he or she completes or graduates from an education institution he or she attends. The foregoing shall also apply where he or she is admitted, re-admitted, or transferred to the relevant or another educational institution; |
| 2. | For a person eligible for educational assistance falling under Article 22(1)3 or 4 of the Act, until the following fixed period: |
| a. | In cases of a person eligible for educational assistance who attends an educational institution which provides the number of years of education required for graduation, the number of years of education required for graduation (excluding summer sessions and winter sessions within the years of education required for graduation) prescribed by education-related statutes or regulations or by school regulations of the relevant educational institution; provided, where a person eligible for educational assistance is admitted, re-admitted or transferred to the relevant educational institution or another educational institution, he or she shall be exempted from tuition fees for the remaining years of education required for graduation excluding the number of years of education required for graduation during which he or she was exempted from tuition fees in the former educational institution from the years of education required for graduation from a school to which he or she is admitted, readmitted or transferred; |
| b. | In cases of a person eligible for educational assistance which does not require a certain number of years of education for graduation, the years of education for graduation determined and publicly notified by the Minister of Patriots and Veterans Affairs. |
| (3) | Notwithstanding paragraph (1), persons who obtain an average score below 70 percent of the perfect score in the immediately preceding semester, who fall under Article 22(1)3 or 4 of the Act among persons eligible for educational assistance who attend the following educational institutions under the proviso of Article 25(2) of the Act (hereinafter referred to as "university"), or persons whom the Minister of Patriots and Veterans Affairs or the president of the relevant university, etc. deems have compromised the dignity as bereaved families or families of persons of distinguished service to the State shall not be exempt from tuition fees, etc.: <Amended on Jun. 27, 2012; May 23, 2023> |
| 1. | Universities under subparagraph 2 of Article 22-2 of the Act (hereinafter referred to as "university"); |
| 2. | Lifelong educational institutions in the form of cyber college and educational and training institutions that operate the course of study of which credits necessary to obtain a degree at least equal to a junior college are recognized among educational institutions under subparagraphs 3 and 4 of Article 22-2 of the Act; |
| 3. | Deleted. <Jun. 27, 2012> |
| (4) | Where any of the following persons eligible for educational assistance intends to be exempted from tuition fees, etc. under Article 25(1) of the Act, he or she shall submit his or her certificate of eligibility for educational assistance issued by the Minister of Patriots and Veterans Affairs to the head of the relevant educational institution; provided, where the Minister confirms that such person is eligible for educational assistance pursuant to Article 36(1) or 41(1), the person need not submit a certificate of eligibility for educational assistance: <Amended on Jun. 27, 2012; Nov. 11, 2014; May 23, 2023> |
| 1. | A person who attends an educational institution falling under Article 22-2 of the Act, who falls under Article 22(1)1 or 2 of the Act; |
| 2. | A person who attends an educational institution under subparagraph 1 of Article 22-2 of the Act or lifelong educational facility (only applicable to a lifelong educational facility that provides a middle school or high school curriculum) under subparagraph 3 of that Article, who falls under Article 22(1)3 or 4 of the Act. |
| (5) | Where a person falling under Article 22(1)3 or 4 of the Act intends to be exempted from tuition fees, etc. of a university, etc., he or she shall submit his or her certificate of eligibility for exemption from university tuition fees, etc. issued by the Minister of Patriots and Veterans Affairs to the president of the relevant university, etc. by the payment deadline for tuition fees, etc. <Amended on Jun. 27, 2012; May 23, 2023> |
| (6) | The president of a private university, etc. who intends to receive subsidies equivalent to half the tuition fees, etc. exempted pursuant to Article 25(3) of the Act shall submit an application for payment of subsidies to the Minister of Patriots and Veterans Affairs along with report cards of children, etc. of persons of distinguished service to the State, and the Minister of Patriots and Veterans Affairs upon receipt of such application shall determine whether to pay subsidies after verifying the details of the application, and notify the president of the relevant private university, etc. of the results thereof. <Amended on Jun. 27, 2012; May 23, 2023> |
| (7) | The Minister of Patriots and Veterans Affairs may request the president of a university, etc. who has exempted persons falling under Article 22(1) of the Act, from tuition fees, etc. to submit the results or other necessary data to confirm the exemption therefrom. <Amended on Jun. 27, 2012; May 23, 2023> |
| (8) | Where a university, etc. is to exempt a certain percentage of students from tuition fees, etc. pursuant to other statutes or regulations, in which case the relevant university, etc. has exempted tuition fees, etc. pursuant to Article 25(1) of the Act, the relevant university, etc. may be deemed to have exempted tuition fees, etc. pursuant to such other statutes or regulations. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 42-2 (Subsidizing tuition fees and procedures for subsidizing) |
| (1) | A person who intends to receive subsidies for tuition fees, etc. pursuant to Article 25(4) of the Act shall submit an application for payment of tuition fees, etc. prescribed by Decree of the Ministry of Patriots and Veterans Affairs to the Minister of Patriots and Veterans Affairs along with a receipt of the payment of tuition fees, etc. or a document evidencing the payment of tuition fees, etc. and a transcript (only applicable to university students), and the Minister of Patriots and Veterans Affairs upon receipt of such application shall verify the details of the application and determine whether to provide subsidies. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | Reasons prescribed by Presidential Decree for which the State does not provide subsidies for tuition fees, etc. pursuant to Article 25(4) of the Act means any of the following cases: <Amended on Jun. 27, 2012; May 23, 2023> |
| 1. | Where a person whose average score in the immediately preceding semester under Article 42(3) is less than 70 percent of the perfect score or the Minister of Patriots and Veterans Affairs or the president of the relevant university, etc. deems that the person has compromised the dignity as a bereaved family or family of a person of distinguished service to the State; |
| 2. | Where the amount equivalent to tuition fees, etc. has been exempted or subsidized pursuant to other statutes or regulations. |
| (3) | Where the Minister of Patriots and Veterans Affairs subsidizes tuition fees, etc. pursuant to paragraph (1), he or she may request the head of an educational institution, the head of an institution, organization, etc. who has subsidized tuition fees, etc. to submit necessary data to verify whether tuition fees, etc. are actually borne by a person eligible for educational assistance. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 42-3 (Standards for payment of subsidies to persons eligible for educational assistance attending foreign schools, amounts of subsidies paid and fixed period of subsidization) |
| (1) | The Minister of Patriots and Veterans Affairs shall pay subsidies to persons eligible for educational assistance who attend a foreign school, etc. falling under Article 25-2(1) of the Act according to the classification of payment specified in Appendix 6-3; provided, where such subsidies exceed tuition fees, etc. of the relevant school, the Minister of Patriots and Veterans Affairs shall pay subsidies after deducting such excess. |
| (2) | Where a person eligible for educational assistance who attends a foreign school, etc. falling under any of the subparagraphs of Article 25-2(1) of the Act is exempted from tuition fees, etc. or is subsidized tuition fees, etc. pursuant to other statutes or regulations, the Minister of Patriots and Veterans Affairs shall pay subsidies under paragraph (1) after deducting the equivalent thereto. |
| (3) | Where a person eligible for educational assistance who attends a foreign educational institution equivalent to a university among foreign educational institutions under Article 25-2(1)2 of the Act falls under any of the following, notwithstanding paragraph (1), the Minister of Patriots and Veterans Affairs shall withhold paying part of tuition fees, etc.: <Amended on May 23, 2023> |
| 1. | Where his or her average score in the immediately preceding semester is less than 70 percent of the perfect score; |
| 2. | Where the Minister of Patriots and Veterans Affairs or the president of the relevant university, etc. deems him or her to have impaired the dignity as a bereaved family or family of a person of distinguished service to the State. |
| (4) | The fixed period during which subsidies are paid to persons eligible for educational assistance who attend a foreign school, etc. falling under any of the subparagraphs of Article 25-2(1) of the Act shall meet the following standards: |
| 1. | Foreign schools pursuant to Article 25-2(1)1 of the Act and foreign educational institutions equivalent to middle schools and high schools pursuant to Article 2 of the Elementary and Secondary Education Act among foreign educational institutions under subparagraph 2 of that paragraph: The fixed period of education required for graduation provided for in Articles 42 and 46 of the Elementary and Secondary Education Act; |
| 2. | Foreign educational institutions equivalent to universities among foreign educational institutions under Article 25-2(1)2 of the Act: The fixed period of education required for graduation provided for in Article 31(1)1 of the Higher Education Act. |
| (5) | A person who intends to receive subsidies for tuition fees, etc. pursuant to Article 25-2 of the Act shall submit an application for the payment of subsidies for tuition fees, etc. of a foreign educational institution prescribed by Decree of the Ministry of Patriots and Veterans Affairs to the Minister of Patriots and Veterans Affairs along with a receipt of the payment of tuition fees, etc. or a document evidencing the payment of tuition fees, etc. and a transcript (only applicable to university students). <Amended on May 23, 2023> |
| (6) | Subsidies under paragraph (1) shall be paid for each semester according to semesters prescribed by foreign schools, etc. falling under any of the subparagraphs of Article 25-2(1) of the Act and necessary matters regarding the methods of and procedures for the payment thereof shall be determined by the Minister of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
[This Article Added on Jun. 27, 2012]
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| Article 43 (Payment of educational subsidies and procedures for payment thereof) |
| (1) | "Persons eligible for educational assistance prescribed by Presidential Decree" in Article 26(1)2 of the Act means any of the following: <Amended on Jan. 13, 2022> |
| 1. | A person who attends an educational institution falling under any of the subparagraphs of Article 22-2 of the Act; or a foreign school, etc. falling under any of the subparagraphs of Article 25-2(1) of the Act, who falls under Article 22(1)1 or 2 of the Act; |
| 2. | A person who attends an educational institution under subparagraph 1 of Article 22-2 of the Act, lifelong educational institution (only applicable to a lifelong educational institution that provides a middle school or high school curriculum) under subparagraph 3 of that Article or a foreign school, etc. (excluding a foreign educational institution equivalent to a college) falling under any of the subparagraphs of Article 25-2(1) of the Act, who falls under Article 22(1)3 or 4 of the Act. |
| 3. | A child of a soldier or police official wounded in action or on active duty who falls under Article 22(1)3 or 4 of the Act or a child of a soldier or police officer killed in action or in the line of duty (limited to a person under the age of 25, whose parents are both dead) who is enrolled in the following educational institutions: |
| a. | Educational institutions under subparagraph 2 of Article 22-2 of the Act; |
| b. | Educational institutions under subparagraph 3 of Article 22-2 of the Act (limited to lifelong educational establishments offering university courses); |
| c. | Educational institutions under subparagraph 4 of Article 22-2 of the Act; |
| d. | Foreign educational institutions equivalent to universities under Article 25-2(1)2 of the Act. |
| (2) | Educational subsidies under Article 26 of the Act shall be paid according to payment classifications specified in Appendix 7. |
| (3) | Educational subsidies under Article 26 of the Act shall be paid to persons eligible for educational assistance or their guardians twice a year, on April 15 and October 15, and where the payment date of educational assistance falls on a Saturday or public holiday; or a natural disaster, accident or similar occurs, such educational subsidies shall be paid by applying the proviso of Article 29(1) and paragraph (2) of that Article; and the Minister of Patriots and Veterans Affairs shall prescribe other matters necessary to pay educational subsidies. <Amended on May 23, 2023> |
[This Article Wholly Amended on Jun. 27, 2012]
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| Article 44 (Notification of matters concerning school attendance) |
Where any changes to matters regarding school attendance, such as expulsion from school, suspension from school, temporary absence from school or returning to school, involve persons eligible for educational assistance, the heads of educational institutions under the subparagraphs of Article 22-2 of the Act and the principals of foreign schools, etc. under the subparagraphs of Article 25-2(1) of the Act shall send a notice of changes to matters regarding school attendance to the Minister of Patriots and Veterans Affairs within 10 days from the date any reason therefore arises. <Amended on Jun. 27, 2012; May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 45 Deleted. <Jun. 27, 2012> |
CHAPTER IV EMPLOYMENT ASSISTANCE
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| Article 46 Deleted. <Jun. 27, 2012> |
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| Article 46-2 (Disability rating eligible for employment assistance and number of times employment assistance is provided) |
| (1) | "Disability rating prescribed by Presidential Decree" in Article 29(1)5 of the Act means Rating 6 of the disability ratings. |
| (2) | "Number of times prescribed by Presidential Decree" in Article 29(3) of the Act means three times. |
[This Article Added on Jun. 27, 2012]
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| Article 47 (Range of manufacturing enterprises) |
"Manufacturing enterprises prescribed by Presidential Decree" in the proviso of subparagraph 2 of Article 30 of the Act means target enterprises falling under subparagraphs 10 through 33 of the classification numbers specified in Appendix 9. <Amended on Nov. 30, 2015>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 48 (Ranks eligible for additional scores in employment examinations) |
Ranks, posts or positions of persons eligible for additional scores in employment examinations under Article 31(5) of the Act shall be as specified in Appendix 8.
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 49 (Issuing certificates of eligibility for employment assistance) |
Where a person eligible for employment assistance files an application for certifying him or her as a person eligible for employment assistance to obtain additional scores in an employment examination, the Minister of Patriots and Veterans Affairs shall issue a certificate of eligibility for employment assistance. <Amended on Jun. 27, 2012; May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 49-2 (Application for employment assistance) |
A person eligible for employment assistance who intends to obtain employment assistance pursuant to Article 31-2 of the Act shall select one of the following applications and submit it to the Minister of Patriots and Veterans Affairs along with his or her curriculum vitae: <Amended on Jun. 27, 2012; Apr. 28, 2014; Dec. 19, 2017; May 23, 2023; Nov. 12, 2024>
| 1. | A person eligible for employment assistance who intends to be recommended for special recruitment of a public official in general service or general civilian military employee under Article 32 of the Act: An application for recommendation for special recruitment of a public official in general service or general civilian military employee; |
| 2. | A person eligible for employment assistance who intends to seek a job according to the special employment of veterans under Article 34 of the Act: An application for employment. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 50 (Public officials in general service eligible for special employment) |
| (1) | "Public officials in general service and general civilian military employees prescribed by Presidential Decree" in the former part of Article 32(1) of the Act means public officials in general service specified in Appendix 8-2 and general civilian military employees belonging to the management and operation service group under Appendix 1 of the Enforcement Decree of the Act on the Personnel Management of Civilian Military Employee (hereinafter referred to as "public official in general service, etc."). <Amended on Nov. 12, 2024> |
| (2) | The Minister of Patriots and Veterans Affairs shall determine the recruitment ratio at which an agency providing employment assistance falling under the former part of Article 32(1) of the Act (hereinafter referred to as "State agency, etc.") is required to specially recruit persons eligible for employment assistance as public officials in general service, etc. up to 20 percent of the fixed number of public officials in general service, etc., including persons who are given priority in recruitment under other statutes and regulations related to veterans affairs (referring to statutes and regulations prescribed in subparagraph 3 of Article 3 of the Framework Act on Veterans Affairs; hereafter in Article 53(1), the same shall apply). In such cases, the Minister shall consider the number of persons eligible for employment assistance who intend to be employed as public officials in general service, etc. and the opinions of the head of a central personnel agency under Article 6 of the State Public Officials Act and the head of a central administrative agency responsible for the personnel management system for local public officials. <Amended on May 23, 2023; Nov. 12, 2024> |
[This Article Wholly Amended on Apr. 28, 2014]
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| Article 51 (Special employment of public officials in general service) |
| (1) | Where the head of a State agency, etc. who has specially employed fewer persons eligible for employment assistance than the employment ratio under Article 50 (hereinafter referred to as "employment ratio") intends to employ public officials in general service, he or she shall request the Minister of Patriots and Veterans Affairs to recommend persons eligible for employment assistance, specifying the number of public officials in general service, etc. to be employed, qualification requirements, etc., omitting procedures for publicly announcing employment examinations under statutes or regulations related to personnel management under paragraph (4) until the number of persons eligible for employment assistance of the relevant State agency, etc. reaches the number of persons equivalent to the employment ratio. <Amended on Jun. 27, 2012; Apr. 28, 2014; May 23, 2023> |
| (2) | Upon receipt of a request for recommendation under paragraph (1), the Minister of Patriots and Veterans Affairs shall recommend persons eligible for employment assistance meeting the relevant qualification requirements within five times the number of persons to be employed, requested by the head of a State agency, etc. to the State agency, etc., within seven days from the date he or she receives a request for recommendation in accordance with a letter of recommendation of persons eligible for special employment of public officials in general service, etc. <Amended on Jun. 27, 2012; Apr. 28, 2014; May 23, 2023> |
| (3) | Deleted. <Jun. 27, 2012> |
| (4) | The head of a State agency, etc. upon receipt of recommendations pursuant to paragraph (2) shall employ persons eligible for employment assistance, as prescribed by statutes or regulations concerning the employment of public officials in general service, etc. (hereinafter referred to as "statutes or regulations related to personnel management"), such as the State Public Officials Act and the Local Public Officials Act; and shall notify the Minister of Patriots and Veterans Affairs of the result thereof according to a written notification of the special employment of public officials in general service, etc. <Amended on Jun. 27, 2012; Apr. 28, 2014; May 23, 2023> |
| (5) | Deleted. <Jun. 27, 2012> |
| (6) | Where the head of a State agency, etc. who has specially employed fewer persons eligible for special employment than the employment ratio falls under any of the following cases, he or she may employ public officials in general service, etc., as prescribed by statutes or regulations related to personnel management, omitting procedures, etc. for recommendation under paragraphs (1), (2) and (4): <Amended on Jun. 27, 2012; Apr. 28, 2014; May 23, 2023> |
| 1. | Where he or she reaches an agreement with the Minister of Patriots and Veterans Affairs to employ public officials in general service, etc. through a competitive employment examination of experienced persons pursuant to Article 28(2)1 or 3 of the State Public Officials Act and Article 27(2)1 or 3 of the Local Public Officials Act; |
| 2. | Deleted; <Jun. 27, 2012> |
| 3. | Where the Minister of Patriots and Veterans Affairs fails to make recommendations by the deadline under paragraph (2); |
| 4. | Where the head of the State agency, etc. reaches an agreement with the Minister of Patriots and Veterans Affairs due to other special reasons prescribed by Decree of the Ministry of Patriots and Veterans Affairs, such as where it is impracticable for the State agency, etc. to directly conduct an employment examination because separate institutions comparable conduct examinations. |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Apr. 28, 2014]
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| Article 52 (Notification of actual conditions of employment by state agencies) |
Where the head of a State agency, etc. is requested by the Minister of Patriots and Veterans Affairs to notify the fixed number of public officials in general service, etc., the actual conditions of the employment thereof, and the results of corrective and supplementary measures under Article 33 of the Act, he or she shall notify the Minister of Patriots and Veterans Affairs within 30 days from the date he or she receives such request. <Amended on Jun. 27, 2012; Apr. 28, 2014; May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 53 (Employment ratios of enterprises) |
| (1) | The employment ratio of each target enterprise under Article 33-2(1) of the Act shall be as specified in Appendix 9, including persons who are given priority in employment under other statues and regulations related to veterans affairs; provided, the employment ratio for each target enterprise applicable to an agency providing employment assistance specified in the subparagraphs of Article 33-2(2) of the Act shall be the ratio calculated by adding 1 percent to the employment ratio specified in Appendix 9, respectively. <Amended on Nov. 12, 2024> |
| (2) | "Enterprises or organizations prescribed by Presidential Decree" in Article 33-2(2)3 of the Act means the following institutions providing employment assistance: |
| 1. | A government-invested institution in which the State or a local government is the largest investor, in which the State or the local government has solely or jointly invested, the amount of which is at least 20/100 of its capital; |
| 2. | An enterprise or organization in which a public institution or government-invested institution is the largest investor, which is a public institution (hereinafter referred to as "public institution") designated or announced pursuant to Articles 4 through 6 of the Act on the Management of Public Institutions or an institution in which a government-invested institution under subparagraph 1 has solely or jointly re-invested, the amount of which is at least 20/100 of its capital; |
| 3. | An enterprise or organization to which the State or a local government is the largest contributor or subsidizer, to which the State or the local government has contributed or subsidized at least 20/100 of the property of the enterprise or organization; |
| 4. | An enterprise or organization which conducts affairs entrusted by the Government or a local government, or the representative or executive of which is appointed or approved by the State or a local government. |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 54 (Reporting by enterprises) |
| (1) | Where an institution providing employment assistance under subparagraphs 2 or 3 of Article 30 of the Act (hereinafter referred to as "enterprise") is notified by the Minister of Patriots and Veterans Affairs to report the type of business, jobs to be filled, etc. pursuant to Article 33-3(1) of the Act, it shall file a report within 30 days from the date it receives the relevant notification. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | Matters the Minister of Patriots and Veterans Affairs may request enterprises, etc. to explain as necessary for him or her to understand the actual conditions, or to submit necessary books and other documents pursuant to Article 33-3(2) of the Act shall be as follows: <Amended on Jun. 27, 2012; May 23, 2023> |
| 1. | Details of changes after filing reporting under paragraph (1); |
| 2. | Actual conditions of the employment of persons eligible for employment assistance and the working conditions thereof; |
| 3. | A plan for employing persons eligible for employment assistance and workers; |
| 4. | Matters concerning the explanation of additional scores under Article 31(1) through (3) of the Act. |
| (3) | Where it is necessary for the Minister of Patriots and Veterans Affairs to compare and verify data he or she has received from persons eligible for employment assistance, enterprises, etc. to efficiently conduct affairs concerning employment assistance, he or she may request State agencies, local governments or corporations incorporated pursuant to special Acts that possess the relevant data, to cooperate in comparing and verifying data, specifying the specific details thereof. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 55 (Special employment of veterans) |
| (1) | Where the Minister of Patriots and Veterans Affairs recommends persons eligible for employment assistance in the plural pursuant to the main clause, with the exception of the subparagraphs, of Article 34(1) of the Act, he or she shall determine the number of persons whom an enterprise, etc. that has specially employed fewer persons eligible for employment assistance than the employment ratio under Article 33-2 of the Act should employ, and recommend persons eligible for employment assistance within five times the number of such persons. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | Upon receipt of recommendations of multiple persons eligible for employment assistance under paragraph (1), an enterprise, etc. shall select a person to be employed from among the recommended persons and shall notify the Minister of Patriots and Veterans Affairs of the selection within 1 month from the date of receipt of the recommendations; provided, if it is impracticable to provide notification within 1 month due to unavoidable reasons, such as the administration of an employment examination, the period may be extended by up to 2 months in consultation with the Minister. <Amended on May 23, 2023; Nov. 12, 2024> |
| (3) | Where the Minister of Patriots and Veterans Affairs requires an enterprise, etc. to employ persons eligible for employment assistance pursuant to Article 34(3) of the Act, he or she shall require the enterprise, etc. to do so by notice demanding the special employment of veterans. In such cases, he or she shall clearly state the occupational category the enterprise, etc. should employ. <Amended on May 23, 2023> |
| (4) | "Good cause prescribed by Presidential Decree" in Article 34(3)2 of the Act means any of the following cases: <Amended on May 23, 2023> |
| 1. | Where a person eligible for employment assistance suffers an injury or from a disease that requires medical treatment for at least one month; |
| 2. | Where an enterprise, etc. is unable to employ a person eligible for employment assistance due to urgent managerial reasons, such as the reduction of personnel, the suspension of business or the cessation of business; |
| 3. | Where an enterprise, etc. have other just grounds recognized by the Minister of Patriots and Veterans Affairs. |
| (5) | An enterprise, etc. that receive a notice demanding the special employment of veterans pursuant to paragraph (3) shall employ persons eligible for employment assistance whom the Minister of Patriots and Veterans Affairs requires the enterprise, etc. to employ within 30 days from the date the enterprise, etc. receives notice demanding the special employment of veterans. <Amended on May 23, 2023> |
| (6) | The Minister of Patriots and Veterans Affairs shall give notice informing employment to persons eligible for employment assistance under Article 34(4) of the Act by a written notice informing employment. |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 56 (Age limit for employment assistance under special employment of veterans) |
| (1) | The age limit for employment assistance under Article 34(5) of the Act shall be 39 years. <Amended on Nov. 29, 2016; Nov. 12, 2024> |
| (2) | Deleted. <Jun. 27, 2012> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Jun. 27, 2012]
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| Article 57 (Special cases concerning employment assistance to children of soldiers and police officers killed in Korean War or in line of duty) |
| (1) | Notwithstanding Article 56(1), the Minister of Patriots and Veterans Affairs shall provide employment assistance based on the special employment of veterans to persons whose parents or grant parents have not received monetary compensation under Article 12 of the Act after January 1, 1993 among children of soldiers or police officers killed in the battle before July 27, 1953 or under Appendix of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations or who died in the line of duty, until the persons attain 55 years of age. |
| (2) | The Minister of Patriots and Veterans Affairs shall not provide employment assistance based on the special employment of veterans to persons who have received employment assistance based on the special employment of veterans after the age of 40 years, who are eligible for employment assistance under paragraph (1); provided, the foregoing shall not apply where persons eligible for employment assistance retire due to business closure, business suspension, the merger of an enterprise, etc., or other reasons not attributable to them. <Amended on Nov. 12, 2024> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 58 (Restrictions on employment assistance) |
| (1) | Periods during which the Minister of Patriots and Veterans Affairs suspends employment assistance under Article 34-2(2) of the Act shall comply with the following standards: <Amended on Jun. 27, 2012> |
| 1. | Where a person eligible for employment assistance falls under Article 34-2(2)1 of the Act: Six months from the date he or she indicates his or her intention not to be employed; |
| 2. | Where a person eligible for employment assistance falls under Article 34-2(2)2 of the Act: Six months from the date he or she retires; |
| 3. | Where a person eligible for employment assistance falls under Article 34-2(2)3 of the Act: One year from the date he or she is dismissed from office under disciplinary action. |
| (2) | Deleted. <Jun. 27, 2012> |
| (3) | "Good cause" in Article 34-2(2)1 and 2 of the Act means any of the following cases: <Amended on Jun. 27, 2012; May 23, 2023> |
| 1. | Where a person eligible for employment assistance suffers an injury or from a disease that requires medical treatment for at least one month; |
| 2. | Where a person eligible for employment assistance abandons searching for employment in an enterprise, etc. because employment is delayed due to the reduction of personnel, the suspension of business, etc. of the relevant enterprise, etc. that has received a notice demanding the special employment of veterans, retires from office or is dismissed from office due to financial hardship of the enterprise, etc.; |
| 3. | Where a person eligible for employment assistance fails to pass a pre-employment physical examination; |
| 4. | Where wages have been in arrears for at least three months; |
| 5. | Where there are due grounds recognized by the Minister of Patriots and Veterans Affairs, such as where a person eligible for employment assistance lacks skills or qualifications required by the occupational category in which he or she intends to be or is employed. |
| (4) | "Period prescribed by Presidential Decree" in Article 34-2(2)2 of the Act means six months. |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 59 (Judgment of suitability based on results of pre-employment physical examination) |
| (1) | A hospital under Article 3(2)3a of the Medical Service Act or a general hospital under item f of that subparagraph shall judge the suitability of soldiers and police officers wounded in action; soldiers and police officers wounded in the line of duty; persons wounded in the April 19 Revolution; public officials wounded in the line of duty; and special contributors who suffered wounds under Article 35 of the Act for employment based on the results of their physical examinations. <Amended on Jun. 27, 2012; Nov. 12, 2024> |
| (2) | No head of a medical institution under paragraph (1) shall unfavorably judge the ability of a person eligible for employment assistance to perform his or her duties on the grounds of physical disability only due to injuries. |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 60 (Criteria for aggregating period of military service) |
Where an enterprise, etc. preferentially employs a person eligible for employment assistance pursuant to Article 35-2 of the Act, the enterprise, etc. may aggregate the period corresponding to at least 30 percent of the period of military service of the person eligible for employment assistance, to the period of his or her total career to set his or her salary class; provided, where an institution providing employment assistance falling under any of the subparagraphs of Article 33-2(2) of the Act preferentially employs a person eligible for employment assistance, the period of service may be aggregated by applying Articles 8 and 9 of the Public Officials Remuneration Regulations.
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 61 (Notification of outcomes of measures taken to rectify discrimination) |
Notification of the outcomes of measures taken to rectify discrimination under Article 36(3) of the Act shall be given within 30 days from the date an institution providing employment assistance receives a request for rectifying discrimination.
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 61-2 (Notification of fact of employment) |
Where an event falling under any of the subparagraphs of Article 37 of the Act occurs, an institution providing employment assistance shall notify the Minister of Patriots and Veterans Affairs of the details of such event within 10 days from the date the event occurs. <Amended on Jun. 27, 2012; May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 61-3 (Vocational rehabilitation training and vocational skills development training) |
| (1) | Where vocational rehabilitation training is conducted for soldiers and police officers wounded in action; soldiers and police officers wounded in the line of duty; persons wounded in the April 19 Revolution; public officials wounded in the line of duty and special contributors who suffered wounds pursuant to Article 38(1) of the Act, subjects necessary for them to get a job or to be self-employed suitable for their bodily functions shall be selected. In such cases, the Minister of Patriots and Veterans Affairs shall prescribe procedures for selecting training courses and other matters necessary for vocational rehabilitation training. <Amended on May 23, 2023> |
| (2) | Where a person eligible for employment assistance wishes to undergo vocational skills development training pursuant to Article 38(2) of the Act, the Minister of Patriots and Veterans Affairs shall refer the person to a vocational skills development training institution as a person eligible for preferential vocational skills development training in accordance with a letter of reference for a person eligible for preferential vocational skills development training prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Jun. 27, 2012]
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| Article 61-4 (Payment of subsidies for development of skills required for jobs) |
| (1) | The range of persons eligible for subsidies for developing skills required for jobs or to whom expenses incurred in developing skills required for jobs under Article 39(1) of the Act may be subsidized shall be as follows: <Amended on Jun. 27, 2012; May 23, 2023> |
| 1. | Persons eligible for paying subsidies for developing skills needed for jobs: |
| a. | A person who receives vocational skills development training at a vocational skills development training institution under Article 38(2) of the Act, who is eligible for employment assistance; |
| b. | A person who receives vocational guidance, etc. at an employment security agency under subparagraph 1 of Article 2-2 of the Employment Security Act, who is eligible for employment assistance; |
| 2. | A person eligible to be subsidized for expenses incurred in developing skills required for jobs: A person who receives vocational skills development training at a vocational skills development training institution prescribed by the Minister of Patriots and Veterans Affairs to develop qualifications or skills required for jobs, who is eligible for employment assistance. |
| (2) | Where the Minister of Patriots and Veterans Affairs grants a subsidy for developing skills required for jobs or subsidizes expenses incurred in developing skills needed for jobs pursuant to paragraph (1), he or she may request a vocational skills development training institution or regional office of employment and labor to submit necessary data to verify whether persons eligible for employment assistance have received vocational skills development training or vocational guidance. In such cases, any institution requested to submit data shall comply therewith except in extenuating circumstances. <Amended on Jul. 12, 2010; Jun. 27, 2012; May 23, 2023> |
| (3) | Except as provided in paragraphs (1) and (2), the Minister of Patriots and Veterans Affairs shall prescribe matters necessary to pay subsidies for developing skills required for jobs and to subsidize expenses incurred in developing skills required for jobs. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
CHAPTER V MEDICAL ASSISTANCE
SECTION 1 Medical Diagnosis and Treatment
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| Article 62 (Medical diagnosis and treatment) |
| (1) | Medical diagnosis and treatment of soldiers and police officers wounded in action, soldiers and police officers wounded in the line of duty, persons wounded in the April 19 Revolution, public officials wounded in the line of duty, and special contributors who injured (hereafter in this chapter referred to as "persons eligible for medical diagnosis and treatment") shall be provided in accordance with the following classifications, and inpatient treatment shall be provided by a veterans hospital except under unavoidable circumstances: |
| 1. | Emergency medical diagnosis and treatment: |
Medical diagnosis and treatment provided to a patient deemed that it may be impossible to keep him or her alive or serious complications may arise, unless he or she immediately receives necessary medical treatment due to an accident or in other emergencies;
| 2. | Inpatient diagnosis and treatment: |
Medical diagnosis and treatment provided to a patient who is admitted to a medical institution;
| 3. | Outpatient diagnosis and treatment: |
Medical diagnosis and treatment provided to a patient who visits a medical institution without being admitted to the medical institution.
| (2) | A medical institution, other than the State or a local government, to which the State may entrust medical diagnosis and treatment of persons eligible for medical diagnosis and treatment shall be a private medical institution established pursuant to Article 3 of the Medical Service Act. |
| (3) | Where a person eligible for medical diagnosis and treatment receives medical diagnosis and treatment at a medical institution of a local government pursuant to the proviso of Article 42(3) of the Act, the local government shall bear 50 percent of the relevant medical expenses (including costs of prescription drugs). <Amended on Sep. 26, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 63 (Entrustment of medical diagnosis and treatment following designation of medical facilities) |
| (1) | Where no veterans hospital and private medical institution is entrusted with medical diagnosis and treatment (hereinafter referred to as "entrusted hospital") pursuant to Article 42(2) of the Act in a Si (including a Special Metropolitan City, Metropolitan City, Special Self-Governing City and Special Self-Governing Province)/Gun where a person eligible for medical diagnosis and treatment resides (including where the relevant medical expertise is not provided by the veterans hospital and the entrusted hospital), the person may request the Minister of Patriots and Veterans Affairs to designate a medical facility other than the veterans hospital or the entrusted hospital and to entrust such medical facility with medical diagnosis and treatment; provided, a superior general hospital under Article 3-4 of the Medical Service Act shall be excluded from medical facilities to which he or she may request the Minister of Patriots and Veterans Affairs to entrust medical diagnosis and treatment. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | Upon receipt of a request pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs shall immediately notify a person eligible for medical diagnosis and treatment whether he or she has entrusted medical diagnosis and treatment. <Amended on Jun. 27, 2012; May 23, 2023> |
| (3) | Where a medical emergency prescribed by Decree of the Ministry of Patriots and Veterans Affairs occurs, notwithstanding paragraph (1), a person eligible for medical diagnosis and treatment may receive emergency medical care under Article 62(1)1 at a medical institution under Article 3 of the Medical Service Act; and the person or his or her guardian shall notify the Minister of Patriots and Veterans Affairs within 14 days from the date he or she is hospitalized, except for unavoidable cause prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Jun. 27, 2012; May 23, 2023> |
| (4) | Where a person eligible for medical diagnosis and treatment is proven to be a special patient prescribed by Decree of the Ministry of Patriots and Veterans Affairs, having a disease such as pulmonary tuberculosis, Hansen's disease or mental disease, as a result of medical diagnosis of such person, the head of a veterans hospital may transfer him or her to a medical facility specializing in the relevant special patients in consultation with the Minister of Patriots and Veterans Affairs. <Amended on Jun. 27, 2012; Dec. 1, 2020; Jan. 5, 2021; May 23, 2023> |
| (5) | The Minister of Patriots and Veterans Affairs shall prescribe necessary matters concerning standards for entrusting to an entrusted hospital under Article 42(2) of the Act and specific standards, procedures, etc. for entrustment of medical diagnosis and treatment under paragraphs (1) and (2). <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 63-2 (Amount of medical expenses to be borne by patients) |
| (1) | "Disability rating prescribed by Presidential Decree" in Article 42(4) of the Act means a disability rating of 6. |
| (2) | Where a person eligible for medical diagnosis and treatment with a disability rating of 7 receives medical diagnosis and treatment for a disease (including an injury; hereafter in Article 64-2, the same shall apply) other than his or her wounds pursuant to Article 42(4) of the Act and paragraph (1) of this Article, he or she shall bear 10/100 of the medical expenses charged to him or her, as prescribed by Decree of the Ministry of Patriots and Veterans Affairs; provided, where he or she receives emergency medical diagnosis and treatment under Article 62(1)1 due to a medical emergency, the State shall bear all the relevant expenses. <Amended on Dec. 29, 2017; Aug. 4, 2020; Oct. 19, 2021; May 23, 2023; Sep. 26, 2023> |
[This Article Added on Jun. 27, 2012]
[Title Amended on Sep. 26, 2023]
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| Article 64 (Reduction of or exemption from medical expenses) |
| (1) | In cases of medical diagnosis and treatment for a person falling under any subparagraph of Article 42(5) of the Act, the head of a veterans hospital may exempt him or her from the expenses for such medical diagnosis and treatment or may reduce the expenses by up to 60/100, as prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Jun. 27, 2012; Dec. 1, 2020; Oct. 19, 2021; May 23, 2023; Sep. 26, 2023> |
| (2) | A reduction of, or exemption from, medical expenses under the latter part, with the exception of the subparagraphs, of Article 42(7) of the Act shall be 60/100 of the expenses to be borne by a person falling under any subparagraph of Article 42(7) of the Act (excluding the costs of prescription drugs under subparagraph 1c of Appendix 2 of the Enforcement Decree of the National Health Insurance Act) in accordance with the percentage and amount of the expenses to be borne by him or her, out of the costs of health care benefits specified in Appendix 2 of the Enforcement Decree of the National Health Insurance Act. <Amended on Jun. 27, 2012; Oct. 19, 2021; Sep. 26, 2023> |
| (3) | Notwithstanding paragraph (2), where a person falling under any subparagraph of Article 42(7) of the Act is required to bear the costs of health care benefits pursuant to subparagraph 6 of Appendix 2 of the Enforcement Decree of the National Health Insurance Act, no reduction of, or exemption from, medical expenses under the latter part, with the exception of the subparagraphs, of Article 42(7) of the Act shall be provided. <Amended on Jun. 27, 2012; Apr. 28, 2014; Dec. 24, 2019; Oct. 19, 2021; Sep. 26, 2023> |
| (4) | Where a person entitled to reduction of, or exemption from, medical expenses pursuant to the latter part, with the exception of the subparagraphs, of Article 42(7) of the Act is a parent of a person of distinguished service to the State under the latter part of subparagraph 3 of that paragraph, the Minister of Patriots and Veterans Affairs shall designate one person in the following order: <Added on Dec. 24, 2019; Oct. 19, 2021; May 23, 2023; Sep. 26, 2023> |
| 1. | Where the parents of a person of distinguished service to the State have consulted each other to designate one person, such person; |
| 2. | Where no person falls under subparagraph 1, a person deemed in need of more medical assistance after taking into full consideration disability, illness, living standards, etc. In such cases, the detailed standards for designation shall be determined by the Minister of Patriots and Veterans Affairs. |
| (5) | Where a consultation under paragraph (4)1 is held, the parents of a person of distinguished service to the State shall designate one person eligible for the reduction or exemption; submit a written agreement for designation of bereaved family member with priority as prescribed by Decree of the Ministry of Patriots and Veterans Affairs, bearing the signatures of all parents, along with their certificates of seal, to the Minister of Patriots and Veterans Affairs; provided, where a parent of a person of distinguished service to the State is residing in a foreign country or there is any unavoidable cause making it impracticable to directly sign the agreement for designation of bereaved family member with priority or to submit the relevant document, the submission of a notarial deed prescribed by the Notary Public Act which indicates that an agreement is made for the designation of a bereaved family member with priority may substitute for the submission of their signatures and relevant document thereof. <Added on Dec. 24, 2019; May 23, 2023> |
| (6) | A reduction of or exemption from medical expenses under the latter part of Article 42-2 of the Act shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs, which shall not exceed 60/100 of the expenses to be borne by a person falling under any subparagraph of Article 42(5) of the Act. <Added on Oct. 19, 2021; May 23, 2023; Sep. 26, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on Sep. 26, 2023]
법령 이단보기
| Article 64-2 (Bearing costs of prescription drugs) |
| (1) | Where a person of distinguished service to the State, or his or her bereaved family or family receives medical diagnosis and treatment in accordance with the following classifications and purchases prescription drugs prescribed by the relevant medical doctor or dentist at a pharmacy registered pursuant to Article 20 of the Pharmaceutical Affairs Act pursuant to Article 42(1), (2), (5) and (7) or 42-2 of the Act, the State shall bear or pay the costs of such prescription drugs (referring to the costs under subparagraph 1c of Appendix 2 of the Enforcement Decree of the National Health Insurance Act; hereafter in this Article, the same shall apply) as prescribed in the relevant subparagraphs: <Amended on May 9, 2022; May 23, 2023; Sep. 26, 2023> |
| 1. | Where a person eligible for medical diagnosis and treatment receives medical diagnosis and treatment at a medical facility (including a veterans hospital) or an entrusted hospital pursuant to Article 42(1) or (2) of the Act: The State shall bear all costs; provided, where a person eligible for medical diagnosis and treatment with a disability rating of 7 receives medical diagnosis and treatment for a disease other than his or her wounds, the amount to be borne by him or her under the main clause of Article 63-2(2) shall be excluded; |
| 2. | Where a person of distinguished service to the State (excluding persons eligible for medical diagnosis and treatment) receives medical diagnosis and treatment at the following medical institutions: The State shall bear or pay the costs in accordance with the relevant items: |
| a. | A veterans hospital under Article 42(5) of the Act and a medical institution under Article 42-2 of the Act: The State shall bear the amount computed based on the reduction or exemption rate (The rate same as the reduction or exemption rate of the expenses of medical diagnosis and treatment; hereafter in this paragraph, the same shall apply); |
| b. | A medical institution under the former part, with the exception of the subparagraphs, of Article 42(7) of the Act (limited to persons falling under Article 42(7)1 or 2 of the Act): The State shall pay the amount computed based on the reduction or exemption rate within the upper limit of the annual payment per person determined and publicly notified by the Minister of Patriots and Veterans Affairs; provided, where the State bears the costs of health care benefits pursuant to subparagraph 6 of Appendix 2 of the Enforcement Decree of the National Health Insurance Act, the State shall not pay the costs of prescription drugs; |
| 3. | Where a bereaved family or family member of a person of distinguished service to the State, who falls under Article 42(5)2 or 3 of the Act, has received medical diagnosis and treatment at a veterans hospital under Article 42(5) of the Act or a medical institution under Article 42-2 of the Act: The State shall bear the amount computed based on the reduction or exemption rate. |
| (2) | Expenses borne by the State pursuant to paragraph (1) shall be paid by appropriating such expenses in the budget of the Korea Veterans Health Service established under the Korea Veterans Health Service Act (hereinafter referred to as the "Korea Veterans Health Service"). <Amended on Oct. 19, 2021> |
| (3) | A person who intends to be paid the costs of prescription drugs pursuant to the main clause of paragraph (1)2b shall submit an application for the payment of costs of prescription drugs prescribed by Decree of the Ministry of Patriots and Veterans Affairs with attached documents to the Minister of Patriots and Veterans Affairs. <Added on May 9, 2022; May 23, 2023; Sep. 26, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 64-3 (Methods and scope of medical assistance) |
Except as provided in this Section, matters necessary for medical diagnosis and treatment of or medical assistance, such as the methods and scope of subsidizing medical expenses or costs of prescription drugs, to persons of distinguished service to the State, their bereaved families, etc. shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Oct. 19, 2021; May 23, 2023; Sep. 26, 2023>
[This Article Added on Jun. 27, 2012]
SECTION 2 Prosthesis and Medical Rehabilitation
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| Article 65 Deleted. <Jun. 27, 2012> |
법령 이단보기
| Article 66 (Prosthetic devices) |
| (1) | A prosthetic device is an artificial device that replaces, fixes or augments a bodily disability or damaged body part of a person eligible for medical diagnosis and treatment, and the Minister of Patriots and Veterans Affairs shall prescribe the duration for which each type of prosthetic devices can be used. <Amended on May 23, 2023> |
| (2) | The manufacture of prosthetic devices under paragraph (1) and other necessary matters shall be prescribed by the Minister of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 67 (Provision of prosthetic devices) |
| (1) | The Minister of Patriots and Veterans Affairs shall provide prosthetic devices to persons who need prosthetic devices pursuant to Article 43-2 of the Act in accordance with standards prescribed by the Minister of Patriots and Veterans Affairs. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | A person provided with a prosthetic device pursuant to paragraph (1) intends to obtain repairs due to the wear and tear or malfunction of the prosthetic device, the person may request the Minister of Patriots and Veterans Affairs to repair it. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 67-2 (Details and methods of provision of psychological rehabilitation services) |
| (1) | The details of psychological rehabilitation services provided by the Minister of Patriots and Veterans Affairs under Article 44-2(1) of the Act (hereafter in this Article referred to as "psychological rehabilitation services") shall be as follows: <Amended on May 23, 2023> |
| 1. | Psychological counseling and tests; |
| 2. | Arrangement of medical diagnosis and treatment at a mental health improvement facility defined in subparagraph 4 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients; |
| 3. | Education for promoting mental health; |
| 4. | Other services prescribed by Decree of the Ministry of Patriots and Veterans Affairs, as deemed necessary for psychological stability and social adaptation. |
| (2) | A person who intends to receive psychological rehabilitation services shall file an application with the Minister of Patriots and Veterans Affairs, as prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
[This Article Added on Oct. 19, 2021]
CHAPTER VI PROVIDING LOANS
법령 이단보기
| Article 68 (Interest rates on loans) |
The Minister of Patriots and Veterans Affairs shall determine and publicly notify the interest rates on loans under Article 51 of the Act, which shall range from 1 to 5 percent per annum depending on types of loans as categorized in Article 49 of the Act, no later than December 31 of every year; provided, the Minister shall determine and publicly notify an annual interest rate of up to 1 percent on a loan falling under any of the following cases: <Amended on Jun. 27, 2012; Apr. 30, 2018; Aug. 4, 2020; May 23, 2023>
| 1. | Where a mortgage is executed over real estate pledged as collateral (hereinafter referred to as "secured property") pursuant to Article 56(2) and (5) of the Act, an interest rate on the unpaid loan during the period of the mortgage; |
| 2. | Where any loan is unpaid after the execution of a mortgage over the secured property, an interest rate on such unpaid loan; |
| 3. | Where the Minister of Patriots and Veterans Affairs files a lawsuit for the repayment of a loan against a person who obtained a loan by pledging veterans' benefits (excluding the cost of living allowances and lump-sum death benefits) or other collateral; or by giving surety pursuant to Article 56(5) of the Act, an interest rate on the unpaid loan during the period of such lawsuit; |
| 4. | Where the Minister of Patriots and Veterans Affairs grants an extension of the maturity date of a loan due to a natural disaster, accident, difficulty in making a living, or disease or reasons corresponding thereto, an interest rate on the unpaid loan during the period of postponement of repayment. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 69 (Application for loans) |
| (1) | A person who intends to take out a loan pursuant to Article 52(1) of the Act shall submit an application for a loan prescribed by Decree of the Ministry of Patriots and Veterans Affairs to the Minister of Patriots and Veterans Affairs, and in the case of a housing loan, the person shall submit an application for a housing loan, accompanied by any document verifying his or her status as a non-homeowner. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether to provide a loan within 25 days in accordance with criteria for determining loans under Article 52(2) of the Act and notify an applicant of the result thereof. <Amended on May 23, 2023> |
| (3) | Where an applicant for a loan is notified that he or she is eligible for a loan pursuant to paragraph (2), the applicant shall submit an application for providing a loan, to the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
| (4) | Where any of the persons eligible for loans under Article 47 of the Act (hereinafter referred to as "persons eligible for loans") intends to take out a loan for stabilization of livelihood, the Minister of Patriots and Veterans Affairs may provide such loan by receiving an application for the provision of such loan only in lieu of the procedures prescribed in paragraphs (1) through (3). <Amended on Aug. 4, 2020; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 70 (Periods of repayment of loans) |
The periods of repayment of loans by types of loans under Article 53(1) of the Act shall be as follows; provided, where the Minister of Patriots and Veterans Affairs deems it necessary, he or she may adjust the periods thereof by type of loans: <Amended on May 23, 2023>
| 1. | An agricultural land purchase loan: 12 years after the 3-year grace period; |
| a. | A housing purchase loan, site purchase loan and housing construction loan: 20 years; |
| b. | A housing improvement loan and housing rent loan: 7 years; |
| 3. | A business loan: 10 years; |
| 4. | A loan for stabilization of livelihood: 5 years. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 71 (Application for extending period of repayment) |
| (1) | A person who intends to obtain an extension of the maturity date of a loan pursuant to Article 53(2) of the Act shall submit an application for extending the period of repayment of a loan to the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether to grant the extension thereof without delay; and shall notify the applicant of the decision. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 72 (Lump sum repayment of loans) |
Where a person who took out a loan uses the loan for other than the original purpose, the Minister of Patriots and Veterans Affairs shall require him or her to repay the principal of and interest on the unpaid loan in a lump sum pursuant to Article 53(3) of the Act; provided, where it is deemed impracticable for him or her to repay the unpaid loan at a time for certain reasons, such as difficulty in making a living, the Minister of Patriots and Veterans Affairs may require him or her to make repayment in installments over a period of up to three years. <Amended on May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 73 (Interest rate following delayed repayment of principal of loans) |
| (1) | Where a person liable to repay a loan pursuant to Article 53 of the Act delays the repayment thereof, the Minister of Patriots and Veterans Affairs may collect overdue interest on the principal of the loan the repayment of which was delayed. In such cases, the Minister of Patriots and Veterans Affairs shall set an overdue interest rate within the lowest overdue interest rate among overdue interest rates on loans to which banks apply as of January 1 every year. <Amended on Nov. 15, 2010; Jun. 27, 2012; May 23, 2023> |
| (2) | Notwithstanding the former part of paragraph (1), where a person liable to repay a loan repays the loan in a lump sum or in installments pursuant to Article 72, the Minister of Patriots and Veterans Affairs shall not collect overdue interest on the principal of the loan that does not reach the deadline for repayment in the first loan contract among the principal of the loan the repayment of which was delayed. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 74 (Sale price of housing) |
| (1) | The sale prices and rents of housing constructed pursuant to Article 54(1) of the Act for each person eligible for a loan shall be as follows: <Amended on May 23, 2023> |
| 1. | Sale prices and rents for persons eligible for a loan: |
Amounts determined by the Minister of Patriots and Veterans Affairs based on expenses, etc. incurred in constructing housing, facilities attached thereto and welfare facilities;
| 2. | Sale prices and rents for persons other than persons eligible for a loan: |
Amounts determined by the Minister of Patriots and Veterans Affairs based on the sales prices and rents under subparagraph 1 and the sales prices and rents of housing in the neighborhood.
| (2) | The Minister of Patriots and Veterans Affairs shall determine procedures for selling or renting housing, and methods of paying sales prices and rents under paragraph (1) and other necessary matters. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 75 (Providing subsidies) |
| (1) | The Minister of Patriots and Veterans Affairs may provide subsidies to any of the following persons, who obtain an agricultural land purchase loan or housing loan (excluding a site purchase loan and housing improvement loan) pursuant to Article 55 of the Act: |
| 1. | A person in whose case agricultural land, a house, etc. is flooded or destroyed due to natural disaster, accident or reasons corresponding thereto; |
| 2. | A person in whose case it is impracticable to attain the purpose of a loan using only the loan funds because it is very impracticable for him or her to make a living. |
| (2) | A person who intends to be subsidized under paragraph (1) shall submit an application for provision of subsidies prescribed by Decree of the Ministry of Patriots and Veterans Affairs to the Minister of Patriots and Veterans Affairs, along with a business plan and a written confirmation of damage (only applicable to cases under paragraph (1)1). <Amended on Jun. 27, 2012; May 23, 2023> |
| (3) | Upon receipt of an application under paragraph (2), the Minister of Patriots and Veterans Affairs shall determine whether to provide subsidies within 30 days, and notify the applicant of such determination. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 76 (Appointment of appraisers) |
| (1) | The Minister of Patriots and Veterans Affairs shall appoint appraisers from among public officials under his or her jurisdiction for them to appraise secured property, housing constructed for persons eligible for a loan or sites secured for construction thereof and secured property he or she has purchased pursuant to Article 61(1) of the Act. <Amended on Jun. 27, 2012; May 23, 2023> |
| (2) | The Minister of Patriots and Veterans Affairs shall determine qualifications of appraisers, criteria for determining appraised prices under paragraph (1), and other necessary matters. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 77 Deleted. <Sep. 26, 2008> |
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| Article 78 (Substitution of pledged property) |
| (1) | A person who intends to substitute pledged property pursuant to Article 56(7) or (8) of the Act shall submit an application for substitution of the pledged property to the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
| (2) | The Minister of Patriots and Veterans Affairs upon receipt of an application under paragraph (1) shall determine whether to approve the substitution of the pledged property within five days, and notify the applicant of the determination. <Amended on May 23, 2023> |
| (3) | A person who obtains approval of substituting the pledged property under paragraph (2) because he or she has inevitably sold agricultural land or a house he or she acquired through the loan and has purchased real estate for the same purpose shall follow procedures for pledging collateral under Article 56(2) of the Act on the pledged property he or she should substitute. |
| (4) | Where the procedures under paragraph (3) are completed, the Minister of Patriots and Veterans Affairs shall follow procedures for canceling, etc. the mortgage under Article 56(9) of the Act on the property first pledged as collateral. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 79 Deleted. <Aug. 13, 2009> |
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| Article 80 (Assumption of obligations) |
| (1) | Where a person eligible for a loan who is a successful bidder intends to assume the obligation to repay a loan on the pledged property in lieu of the payment of the purchase price of the pledged property put up for auction of another person eligible for a loan, he or she shall submit an application for approval to assume obligations to the Minister of Patriots and Veterans Affairs pursuant to Article 60(1) of the Act. <Amended on May 23, 2023> |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether to approve the assumption of obligations, and notify the applicant of the determination. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 81 (Purchase price of pledged property) |
| (1) | Where the Minister of Patriots and Veterans Affairs purchases pledged property submitted to auction pursuant to Article 61(1) of the Act, the purchase price of the pledged property shall be the price determined by the Minister of Patriots and Veterans Affairs within the limits of the amount of the loan on the pledged property based on the current price. <Amended on May 23, 2023> |
| (2) | Where the property purchased pursuant to paragraph (1) is disposed of, the disposal price shall be the price determined by the Minister of Patriots and Veterans Affairs based on the current price at the time of the disposal thereof. <Amended on May 23, 2023> |
| (3) | Where the Minister of Patriots and Veterans Affairs deems it necessary when he or she determines the purchase price and disposal price under paragraphs (1) and (2), he or she may request an authorized appraisal institution to appraise the property. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 82 (Disposal of purchased property) |
| (1) | Where the Minister of Patriots and Veterans Affairs purchases pledged property put up for auction pursuant to Article 61 of the Act, he or she may rent the purchased property until he or she disposes of the purchased property or may appoint a manager to manage the purchased property until he or she disposes of or rents it. In such cases, he or she may pay remuneration and expenses incurred in maintaining and preserving property under management to the manager within the budget. <Amended on May 23, 2023> |
| (2) | The purchased property under paragraph (1) shall be disposed of by general competitive tender; provided, where the purchased property under paragraph (1) is sold to the person who has rented such property, the property may be disposed of under private contract. |
| (3) | The full amount of the disposal price of the purchased property shall be paid in a lump sum; provided, where the purchased property is sold to a person eligible for a loan, the person may pay the disposal price plus the interest determined by the Minister of Patriots and Veterans Affairs, which shall not exceed five percent per annum, in installments over a period of up to five years. <Amended on May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 83 (Reporting of succession to loans) |
Where a person who obtained a loan dies, in which case his or her heir reports succession to the loan obligations pursuant to Article 62(2) of the Act, his or her heir shall submit a report on succession to obligations to the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs, within three months from the date inheritance occurs. <Amended on May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 84 (Notification of payment) |
Where the Minister of Patriots and Veterans Affairs requires a person to pay the principal of and interest on the loan, the disposal price of the purchased property, etc., he or she shall give notice demanding payment to the person subject to the payment thereof. In such cases, the Minister shall issue a reminder demanding payment thereof to a person who fails to make payment by the deadline without delay. <Amended on May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
CHAPTER VII OTHER ASSISTANCE
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| Article 84-2 (Cases where person unable to support) |
"Where ... no ability to furnish such support prescribed by Presidential Decree" in the former part of Article 63 of the Act and the main clause of Article 64 of the Act means any of the following cases, respectively: <Amended on Dec. 7, 2009; Dec. 4, 2013; Jun. 21, 2016; Jun. 30, 2020; Aug. 4, 2020; May 23, 2023>
| 1. | Where a person obligated to support has a mental or physical disability falling under the classifications of disabilities of disabled people specified in Appendix 2; |
| 2. | Where a person obligated to support is a soldier on active duty (including a non-commissioned officer who did not apply for such position; a person conscripted as a full-time reserve; a person conscripted as a member of social work personnel or alternative service personnel under Article 2(1)10 or Article 17-2 of the Military Service Act; and a person seconded under Article 25 of that Act), who is in compulsory military service, or is a person who has been missing for at least one year; |
| 3. | Where the Minister of Patriots and Veterans Affairs deems that a person obligated to support is unable to support due to school attendance or difficulty in making a living. |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 84-3 (Persons eligible for subsidies for care assistance and subsidy rate) |
| (1) | Persons eligible for subsidies and subsidy rates for long-term care assistance under Article 63-2(1) of the Act shall be as specified in Appendix 9-2. |
| (2) | Where a person who falls under the subparagraphs of Article 63-2(1) of the Act intends to apply for payment of subsidies for care assistance pursuant to paragraph (2) of that Article, he or she shall submit an application for payment of subsidies for care assistance to the Minister of Patriots and Veterans Affairs, along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
| (3) | The Minister of Patriots and Veterans Affairs shall determine matters necessary to provide subsidies for care assistance in addition to matters provided for in paragraphs (1) and (2). <Amended on May 23, 2023> |
[This Article Added on Jun. 27, 2012]
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| Article 85 (Persons eligible to use transportation facilities) |
| (1) | The Minister of Patriots and Veterans Affairs shall allow any of the following persons to use transportation facilities of the State, a local government or a public institution under paragraph (3), free of charge; provided, he or she may suspend persons who have obtained entitlement to use transportation facilities by deception or other fraudulent means or allowed other persons to use transportation facilities from the use thereof for three years: |
| 1. | A person of distinguished service to the State provided for in Article 66 of the Act; |
| 2. | One person who uses transportation facilities while directly taking care of a soldier or police officer wounded in action, soldier or police officer wounded in the line of duty, person wounded in the April 19 Revolution, public official wounded in the line of duty, or special contributor who suffered wounds corresponding to Rating 1 of the disability ratings. |
| (2) | The Minister of Patriots and Veterans Affairs shall prescribe types of transportation facilities of the State, a local government or public institution under paragraph (3), which persons of distinguished service to the State, etc. may use free of charge pursuant to paragraph (1), and other matters necessary for using transportation facilities in consultation with the head of the relevant State agency, local government or public institution. <Amended on May 23, 2023> |
| (3) | "Public institutions prescribed by Presidential Decree" in Article 66(1) of the Act means the Korea Railroad Corporation under Article 2 of the Korea Railroad Corporation Act and metropolitan rapid transit corporations that are local public enterprises established under the Local Public Enterprise Act for conducting urban railroad business defined in subparagraph 4 of Article 2 of the Urban Railroad Act. <Amended on Jul. 7, 2014; Aug. 4, 2020> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 86 (Support for use of old palaces) |
| (1) | The Minister of Patriots and Veterans Affairs shall allow any of the following persons to use facilities, such as palaces or parks, managed by the State or a local government pursuant to Article 67 of the Act free of charge or at reduced rates: <Amended on Jun. 21, 2016> |
| 1. | A person of distinguished service to the State or his or her spouse; |
| 2. | A person with priority under Article 8 among the bereaved family members of a person of distinguished service to the State. In such cases, where a person with priority is the father or mother of the person of distinguished service to the State, the mother or father without priority shall be included; |
| 3. | One person who assists a patriot or a person who falls under Rating 1, 2 or 3 of the disability ratings in his or her activities, among persons of distinguished service to the State. |
| (2) | Types of facilities which persons falling under any of the subparagraphs of paragraph (1) may use free of charge or at reduced rates, and reduction rates shall be as specified in Appendix 10. <Amended on Jun. 21, 2016> |
| (3) | Where persons falling under paragraph (1)1 and 2 intend to use facilities, such as palaces or parks, free of charge or at reduced rates, they shall produce their patriots and veterans registration cards under Article 101(1) (including mobile patriots and veterans registration cards) to the manager of the relevant facilities. <Amended on Jun. 21, 2016; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 87 (Preferential supply of housing) |
| (1) | Where houses constructed and supplied by the State, a local government, or a business entity constructing and supplying privately constructed housing pursuant to Article 54 of the Housing Act (hereafter in this Article referred to as "housing supplier") are preferentially supplied to persons eligible for loans (hereafter in this Article referred to as "persons eligible for preferential supply of houses") from among persons who have rendered distinguished service to the State and their bereaved family members pursuant to Article 68(1) or (2) of the Act, detailed procedures and methods therefor shall be governed by the Housing Act. <Amended on Aug. 4, 2020> |
| (2) | Where a housing supplier preferentially supplies houses to persons eligible for preferential supply of houses under paragraph (1), the Minister of Patriots and Veterans Affairs shall select persons eligible for the supply from among the applicants referred to in the former part of Article 68(3) of the Act according to the quantity of houses to be supplied and the criteria determined by the Minister of Patriots and Veterans Affairs, considering such factors as the period of non-homeownership, the standard of living and the degree of sacrifice and contribution, and shall recommend such selected persons to the housing supplier. <Amended on May 23, 2023> |
[This Article Wholly Amended on Apr. 30, 2018]
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| Article 88 Deleted. <Feb. 16, 2006> |
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| Article 88-2 Deleted. <Oct. 19, 2021> |
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| Article 88-3 (Livelihood assistance) |
| (1) | The range of public organizations under the latter part of Article 68-2(1) of the Act means any of the following cases: |
| 2. | Local corporations under Article 49 of the Local Public Enterprises Act and industrial complexes under Article 76 of that Act; |
| 3. | Corporations incorporated pursuant to special Acts. |
| (2) | Deleted. <Oct. 30, 2013> |
| (3) | Where the State, a local government and an institution under paragraph (1) intends to permit persons of distinguished service to the State, their bereaved families, etc. to use or benefit from administrative property under its jurisdiction pursuant to the proviso of Article 31(1) of the State Property Act and the proviso of Article 20(2) of the Public Property and Commodity Management Act, to permit them to operate a store or install a vending machine in a public facility under its jurisdiction pursuant to Article 68-2(1) of the Act, it may designate a person who uses or profits from administrative property under private contract under Article 27(3) of the Enforcement Decree of State Property Act or Article 13(3) of the Enforcement Decree of the Public Property and Commodity Management Act. <Added on Oct. 30, 2010> |
[This Article Added on Sep. 26, 2008]
[Title Amended on Oct. 30, 2013]
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| Article 88-4 (Designation of self-supporting veterans' village) |
| (1) | Where at least 20 persons with Rating 1 severe disabilities among soldiers and police officers wounded in action or in the line of duty, live in a village in the same administrative district (referring to a Dong or Ri under the Local Autonomy Act), the Minister of Patriots and Veterans Affairs may designate the village as a self-supporting veterans' village and provide administrative and financial support to promote self-support of persons falling under Rating 1 of the disability ratings among soldiers and police officers wounded in action under Article 4(1)4 of the Act and soldiers and police officers wounded in the line of duty under Article 4(1)6 of the Act (hereinafter referred to as "persons with rating 1 severe disabilities among soldiers and police officers wounded in action or in the line of duty"). <Amended on May 23, 2023> |
| (2) | The Minister of Patriots and Veterans Affairs shall prescribe matters necessary to designate and support a self-supporting veterans' village under paragraph (1). <Amended on May 23, 2023> |
[This Article Added on Aug. 13, 2009]
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| Article 88-5 (Entrustment of training and education affairs) |
Pursuant to Article 69(2) of the Act, the Minister of Patriots and Veterans Affairs shall entrust the Korea Veterans Health Service with the affairs relating to training and education referred to in paragraph (1) of that Article. <Amended on May 23, 2023>
[This Article Added on Oct. 19, 2021]
CHAPTER VIII ASSISTANCE TO SOLDIERS AND POLICE OFFICERS BEING TREATED SIMILARLY TO PERSONS WHO RENDERED DISTINGUISHED SERVICE TO THE STATE
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| Article 89 Deleted. <Aug. 21, 1998> |
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| Article 90 Deleted. <Aug. 21, 1998> |
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| Article 90-2 Deleted. <Aug. 21, 1998> |
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| Article 91 Deleted. <Aug. 21, 1998> |
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| Article 92 Deleted. <Aug. 21, 1998> |
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| Article 93 Deleted. <Aug. 21, 1998> |
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| Article 93-2 Deleted. <Aug. 21, 1998> |
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| Article 94 (Classification of disability ratings) |
A disability rating of June 18 wounded freedom seekers who may receive compensation corresponding to soldiers and police officers wounded in the line of duty pursuant to Article 73 of the Act shall be the disability rating under Article 6-4 of the Act and Article 14(1) of this Decree.
[This Article Wholly Amended on Aug. 13, 2009]
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| Article 94-2 (Persons who failed to obtain disability ratings eligible for medical assistance) |
Persons entitled to medical assistance under Article 73-2 of the Act shall be persons who have failed to fall under any of the following because they failed to obtain a disability rating through physical examinations conducted by the Minister of Patriots and Veterans Affairs pursuant to Article 6-3 of the Act: <Amended on May 23, 2023>
| 1. | Soldiers and police officers wounded in action under Article 4(1)4 of the Act; |
| 2. | Soldiers and police officers wounded in the line of duty under Article 4(1)6 of the Act; |
| 3. | Persons wounded in the April 19 Revolution under Article 4(1)12 of the Act; |
| 4. | Public officials wounded in the line of duty under Article 4(1)15 of the Act; |
| 5. | Special contributors who suffered wounds under Article 4(1)17 of the Act; |
| 6. | June 18 wounded freedom seekers falling under any of the subparagraphs of Article 73 of the Act; |
| 7. | Persons who receive compensation, deemed soldiers and police officers wounded in action; or soldiers and police officers wounded in the line of duty pursuant to Article 74(1) of the Act. |
[This Article Added on Nov. 29, 2016]
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| Article 94-3 Deleted. <Jun. 27, 2012> |
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| Article 94-4 (Members of regional reserve forces and members of patriotic organizations) |
Persons mobilized, members of young men's associations, members of regional reserve forces, firefighters, volunteer firefighters, student soldiers or members of other patriotic organizations eligible for compensation under Article 74(1)3 of the Act shall be those mobilized, conscripted or employed by the head of military unit or police station to take part in a battle or to perform actions corresponding thereto, who are not soldiers or police officers under Article 4(1)3 through 6 of the Act.
[This Article Wholly Amended on Aug. 13, 2009]
CHAPTER VIII-2 PATRIOTS AND VETERANS ENTITLEMENT COMMISSION
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| Article 94-5 (Composition and operation of meetings of Patriots and Veterans Entitlement Commission) |
| (1) | The Patriots and Veterans Entitlement Commission shall be comprised of 11 members including the chairperson, standing members and members appointed by the chairperson at each meeting. |
| (2) | The Patriots and Veterans Entitlement Commission shall hold meetings when a majority of the members under paragraph (1) attend; and shall pass resolutions with the consent of a majority of the members present. |
| (3) | If necessary, a meeting of the Patriots and Veterans Entitlement Commission may be held in cyberspace, using information communications networks such as the Internet (hereinafter referred to as "electronic meeting"). <Added on Dec. 1, 2020> |
[This Article Added on Jun. 27, 2012]
[Title Amended on Dec. 1, 2020]
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| Article 94-6 (Duties of Chairperson) |
| (1) | The Chairperson of the Patriots and Veterans Entitlement Commission (hereinafter referred to as "Chairperson") shall represent the Patriots and Veterans Entitlement Commission, preside over its affairs, and direct and supervise public officials under his or her jurisdiction. |
| (2) | Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, a member appointed by the Patriots and Veterans Entitlement Commission from among its standing members shall perform the duties of the Chairperson on his or her behalf. |
| (3) | Where the Chairperson deems it necessary to efficiently operate the Patriots and Veterans Entitlement Commission, he or she may require a specific member to examine items pre-designated and to report such items at the meeting of the Patriots and Veterans Entitlement Commission. |
| (4) | The Chairperson shall convene and preside over meetings of the Patriots and Veterans Entitlement Commission. |
[This Article Added on Jun. 27, 2012]
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| Article 94-7 (Establishment of subcommittees) |
| (1) | Six subcommittees shall be established within the Patriots and Veterans Entitlement Commission pursuant to Article 74-7 of the Act. In such cases, the Chairperson may divide specialized fields of subcommittees in consideration of persons applicable to persons of distinguished service to the State or medical classification of wounds, diseases, etc. |
| (2) | Each subcommittee shall be comprised of seven members including one permanent member and members appointed by the Chairperson at a meeting of each subcommittee. |
| (3) | A permanent member or non-permanent member appointed by the Chairperson shall be the chairperson of a subcommittee (hereinafter referred to as "chairperson of a subcommittee"); and shall preside over affairs of the subcommittee. |
| (4) | The chairperson of a subcommittee shall convene and preside at meetings of the subcommittee. |
| (5) | Each subcommittee shall hold meetings when a majority of its members under paragraph (2) attend; and shall pass resolutions with the consent of a majority of the members present. |
| (6) | If necessary, a subcommittee may hold an electronic meeting. <Added on Dec. 1, 2020> |
[This Article Added on Jun. 27, 2012]
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| Article 94-8 (Composition and operation of expert committee) |
| (1) | An expert committee under Article 74-7(3) of the Act shall be comprised of seven members including the chairperson thereof; and the chairperson shall appoint or commission members from among the following persons: |
| 1. | Members of the Patriots and Veterans Entitlement Commission; |
| 2. | Persons who have extensive knowledge of and experience in affairs specified in Article 74-5(1)14 of the Act. |
| (2) | The Chairperson shall appoint the chairperson of the expert committee (hereinafter referred to as "chairperson of the expert committee") from among members referred to in paragraph (1). |
| (3) | The chairperson of the expert committee shall convene and preside over meetings of the expert committee. |
[This Article Added on Jun. 27, 2012]
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| Article 94-9 (Persons requested to submit data) |
"Persons prescribed by Presidential Decree" in Article 74-8(1)8 of the Act means persons directly involved in deliberation and resolution on matters under the subparagraphs of Article 74-5(1) of the Act, such as a physician who diagnoses and treats an applicant.
[This Article Added on Jun. 27, 2012]
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| Article 94-10 (Administrative secretary) |
| (1) | The Patriots and Veterans Entitlement Commission and each subcommittee shall have an administrative secretary, respectively, to conduct affairs of the Patriots and Veterans Entitlement Commission and of each subcommittee. |
| (2) | The Chairperson shall designate each administrative secretary from among public officials under his or her jurisdiction. |
[This Article Added on Jun. 27, 2012]
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| Article 94-11 (Allowances of members) |
| (1) | The Minister of Patriots and Veterans Affairs may pay an attendance allowance, agenda review allowance, travel expenses, etc. to non-permanent members or outside experts who attend meetings of the Patriots and Veterans Entitlement Commission, subcommittees or the expert committee, or examine the agenda within the budget. |
| (2) | The Minister of Patriots and Veterans Affairs may additionally pay an allowance for presiding over meetings to non-permanent members who preside over meetings as the chairperson of a subcommittee and the chairperson of the expert committee, within the budget. |
[This Article Added on Jun. 27, 2012]
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| Article 94-12 (Organization of citizens' participation group) |
| (1) | A group of participants under Article 74-19(2) of the Act (hereinafter referred to as "citizens' participation group") shall be composed of up to 100 members. |
| (2) | Members of the citizens' participation group (hereinafter referred to as "members") shall be commissioned by the Chairperson from among adults with knowledge of and interest in veterans affairs. |
| (3) | The term of office of each member shall be two years, and may be renewed only once. |
| (4) | The Minister of Health and Welfare may decommission a member in any of the following cases: |
| 1. | Where the member becomes incapable of performing his or her duties due to mental or physical disability; |
| 2. | Where the member engages in misconduct in relation to the affairs of the citizens' participation group; |
| 3. | Where the member divulges any confidential information learned in the course of conducting the affairs of the citizens' participation group; |
| 4. | Where the member fails to participate in the deliberation process of the Patriots and Veterans Entitlement Commission without good cause, although having been selected as a member allowed to participate in its deliberation process pursuant to Article 94-13(1); |
| 5. | Where the member participates in the deliberation process of the Patriots and Veterans Entitlement Commission, in violation of Article 94-13(3); |
| 6. | Where the member is deemed unfit as a member due to injury to dignity or any other grounds; |
| 7. | Where the member voluntarily declares that it is difficult for him or her to conduct the affairs of the citizens' participation group. |
[This Article Added on Oct. 19, 2021]
[Previous Article 94-12 moved to Article 94-14 <Oct. 19, 2021]
법령 이단보기
| Article 94-13 (Operation of citizens' participation group) |
| (1) | The Chairperson may select five to nine members to participate in the deliberation process of the Patriots and Veterans Entitlement Commission with regard to the matters specified in the subparagraphs of Article 74-5(1) of the Act. |
| (2) | The Chairperson shall not select a member as eligible for participation in the deliberation process of the Patriots and Veterans Entitlement Commission in any of the following cases: |
| 1. | Where the member, or his or her current or former spouse, is a party to the relevant agenda item or is a joint obligee or obligor with the party to the relevant agenda item; |
| 2. | Where the member is a current or former relative of a party to the relevant agenda item; |
| 3. | Where the member has provided any testimony, statement, research, services, or appraisal with respect to the relevant agenda item; |
| 4. | Where the member or any corporation or organization to which he or she belongs is a current or former agent for a party to the relevant agenda item. |
| (3) | Where a member falls under any subparagraph of paragraph (2), he or she shall notify the Patriots and Veterans Entitlement Commission of such fact and shall not participate in its deliberation process. |
| (4) | A member who has participated in the deliberation process of the Patriots and Veterans Entitlement Commission pursuant to paragraph (1) may be paid allowances and transportation expenses within the budget. |
[This Article Added on Oct. 19, 2021]
법령 이단보기
| Article 94-14 (Operation rules) |
Except as provided in Articles 94-5 through 94-13, matters necessary for the operation of the Patriots and Veterans Entitlement Commission, subcommittees, expert committees and the citizens' participation group shall be determined by the Committee following resolutions adopted by the Patriots and Veterans Entitlement Commission. <Amended on Oct. 19, 2021>
[This Article Added on Jun. 27, 2012]
[Moved from Article 94-12 <Oct. 19, 2021>]
CHAPTER IX SUPPLEMENTARY PROVISIONS
법령 이단보기
| Article 95 (Recovery of veterans' benefits) |
| (1) | In the event of a disposition to recover veterans' benefits, etc. and interest (hereinafter referred to as "amount to be recovered") pursuant to Article 75(1) of the Act (hereinafter referred to as "disposition of recovery"), the Minister of Patriots and Veterans Affairs shall give notice demanding the return of the amounts to be recovered to a person who has received the veterans' benefits, etc. (including heirs and excluding persons exempted from duty to return veterans' benefits pursuant to Article 76 of the act; hereinafter referred to as "payment obligor"). In such cases, the payment oligor shall return the amounts to be recovered within 30 days of the receipt of the notice. |
| (2) | "Interest prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 75(1) of the Act means the amount calculated by multiplying the veterans' benefits by the interest rate in subparagraph 1 and the period in subparagraph 2: |
| 1. | Interest rate: The interest rate under the main clause, with the exception of the subparagraphs, of Article 43-3(2) of the Enforcement Decree of the Framework Act on National Taxes; |
| 2. | Period: The number of months beginning with the month in which the veterans' benefits are received and ending with the month immediately preceding the month in which the notice of disposition of recovery is given; provided, in the case of the return of veterans' benefits before the notice of disposition of recovery, the number of months shall be the number of months from the month in which the veterans' benefits are received to the month immediately preceding the month in which all the benefits are returned. |
| (3) | The limit of property received by inheritance in the proviso, with the exception of the subparagraphs, of Article 75(1) of the Act shall be calculated in accordance with Article 11(1) of the Enforcement Decree of the Framework Act on National Taxes. |
| (4) | The amount of arrears under Article 75(2) of the Act (hereafter in this Article referred to as "amount of arrears") shall be the amount calculated by multiplying the overdue veterans' benefits, etc. by the interest rate equal to 5/100 per year for the period from the day after the due date of the payment (in cases of installment payments under paragraph (5) of this Article, it refers to the due date of each installment payment; and in cases of cancellation of the installment payment decision under paragraph (7), it refers to the date of canceling the installment payment for the installment payments which are not due before the cancellation) to the day before the day on which the amount to be recovered is fully paid. In such cases, the period for collecting the amount of arrears may not exceed 60 months. |
| (5) | If intending to pay the amount to be recovered in installments, the payment obligor shall submit an application for installment payment of the amount to be recovered to the Minister of Patriots and Veterans Affairs by the due date under the latter part of paragraph (1), as prescribed by Decree of the Ministry of Patriots and Veterans Affairs. In such cases, if the Minister of Patriots and Veterans Affairs determines that the amount to be recovered is to be paid in installments, the Minister may require that the payment be made in monthly installments beginning in the month following the month in which the date of the determination falls, in a number of installments that falls within each of the following categories: |
| 1. | Where the amount to be returned is less than 10 million won: 20 installments; |
| 2. | Where the amount to be returned is at least 10 million won but less than 20 million won: 40 installments; |
| 3. | Where the amount to be returned is at least 20 million won: 60 installments. |
| (6) | In cases of the payment in installments under paragraph (5), the interest thereon and the amount of each installment shall be as follows; provided, in cases falling under Article 75(1)3 of the Act, if the veterans' benefits were paid incorrectly from the beginning due to an error or omission by the Minister of Patriots and Veterans Affairs, the interest on the installment payment shall be exempted: |
| 1. | Interest on installment payments: Calculated by multiplying the amount of veterans' benefits, etc. payable during the installment payment period by the interest rate under paragraph (2)1; |
| 2. | Payment per installment: the amount to be recovered and the interest on the installment payment under subparagraph 1 divided equally by the number of installments. |
| (7) | Where the payment obligor fails to make three or more consecutive installment payments (including part of the payments), the Minister of Patriots and Veterans Affairs may cancel the decision of installment payment and collect the remaining amount to be recovered, plus interest and the amount of arrears accrued to date, in one lump sum. |
[This Article Wholly Amended on Jun. 13, 2023]
법령 이단보기
| Article 96 (Write-off) |
Where the Minister of Patriots and Veterans Affairs intends to write-off the refund because a person who should return veterans' benefits, etc. goes missing or has no property, or it is impracticable to recover veterans' benefits, etc. due to any unavoidable cause, a resolution approving the write-off shall be adopted by the Patriots and Veterans Entitlement Commission. <Amended on Jun. 27, 2012; May 23, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 97 (Grounds for exemption from duty to return veterans' benefits) |
| (1) | Cases where a person is allowed to be exempted from obligation to return veterans' benefits, etc. pursuant to Article 76 of the Act means any of the following: <Amended on Jun. 13, 2023> |
| 1. | Where the rank, service number, name, place of registration of a person notified as a person killed in action or in the line of duty, or wounded in action or in the line of duty, the date of his or her death or the date he or she suffered wounds, the area where he or she was killed or injured, etc. are different from those notified in accordance with the military record or police record; |
| 2. | Where the classification of death and the classification of discharge of a person notified as a person killed in action or in the line of duty, or wounded in action or in the line of duty is rectified and notified as a person who was not killed in action or in the line of duty, or wounded in action or in the line of duty; |
| 3. | Where a person notified as a person killed in action or in the line of duty, or wounded in action or in the line of duty returns is alive or is confirmed to be alive; |
| 4. | Where it is impracticable to verify a casualty classification of a person notified as a person killed in action or in the line of duty, or wounded in action or in the line of duty on the military record or police record; |
| 5. | Where a person who received compensation pursuant to the Act is confirmed that he or she fails to meet requirements for registration as a person of distinguished service to the State for any ground not attributable to him or her. |
| (2) | Where grounds for exemption from obligation to return veterans' benefits, etc. under paragraph (1) occur, the Minister of Patriots and Veterans Affairs shall examine and verify such grounds without delay; and where he or she intends to exempt a person from duty to return veterans' benefits, etc., a resolution approving exemption shall be adopted by the Patriots and Veterans Entitlement Commission. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 97-2 (Request for provision of data) |
The detailed scope of data or information that the Minister of Patriots and Veterans Affairs may request the heads of relevant institutions to provide pursuant to Article 77(1) of the Act shall be as specified in Appendix 10-2. <Amended on May 23, 2023>
[This Article Added on Apr. 30, 2018]
법령 이단보기
| Article 98 (Demeaning conduct) |
| (1) | "Demeaning conduct prescribed by Presidential Decree" in Articles 78(1) and 79(1)5 of the Act means any of the following: <Amended on Jun. 27, 2012> |
| 1. | Compelling a person to accord an unfair advantage or helping a person gain an unfair advantage by using the status of a person of distinguished service to the State; |
| 2. | Unlawfully interfering with a public official in executing his or her duty by violence, intimidation, damage to property or other means. |
| (2) | "Crimes prescribed by Presidential Decree" in Article 78(2) of the Act means crimes prescribed by the Criminal Act; provided, the foregoing shall not apply where a person commits a crime by negligence. |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 99 (Determination of persons subject to suspending compensation) |
| (1) | Where the Patriots and Veterans Entitlement Commission intends to adopt a resolution concerning any of the following matters, it shall require the relevant person to attend its meeting and shall hear his or her opinion. In such cases, where the relevant person submits his or her opinion in writing, he or she shall be deemed to have attended its meeting; and where he or she fails to attend its meeting at the designated time without good reason, he or she shall be deemed to have no opinion: <Amended on Jun. 27, 2012; Nov. 11, 2014> |
| 1. | Suspending compensation under Article 78(1) of the Act; |
| 2. | Revoking eligibility to be governed by the Act under Article 79(1)5 of the Act; |
| 3. | Determining registration of persons eligible to be governed by the Act, who were excluded from persons eligible to be governed by the Act under Article 79(3) of the Act. |
| (2) | Where the Chairperson deliberates on and determines matters concerning paragraph (1), he or she shall notify the Minister of Patriots and Veterans Affairs of such determination without delay. <Amended on Jun. 27, 2012; May 23, 2023> |
| (3) | The Minister of Patriots and Veterans Affairs is notified of the result under paragraph (2) shall determine matters specified in the subparagraphs of paragraph (1) within 20 days, and notify the relevant person of the result thereof. <Amended on Jun. 27, 2012; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 100 (Application mutatis mutandis to persons with disabilities) |
The Minister of Patriots and Veterans Affairs may conduct physical examinations of persons with disabilities referred to in Articles 5(5) and (6), 12(2) and 15-2(3) of the Act by applying Section 2 of Chapter I (excluding Article 13(2)) mutatis mutandis thereto. <Amended on Jun. 27, 2012; Jun. 13, 2023>
[This Article Wholly Amended on Aug. 13, 2009]
법령 이단보기
| Article 101 (Issuance of patriots and veterans registration card) |
| (1) | The Minister of Patriots and Veterans Affairs shall issue a patriots and veterans registration card (including a mobile patriots and veterans registration card; hereinafter the same shall apply) to any of the following persons; in such cases, if a bereaved family member with priority is the father or mother of a person registered as a person of distinguished service to the State under subparagraph 1 or as a soldier, a police official, or a public official equivalent to a person of distinguished service to the State under subparagraph 2, a patriots and veterans registration card shall also be issued to a mother or father who is not a bereaved family member with priority: |
| 1. | A person of distinguished service to the State or a bereaved family member with priority registered pursuant to Article 6(3) of the Act; |
| 2. | A person registered as a soldier, a police official, or a public official equivalent to a person of distinguished service to the State pursuant to Article 73-2 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (referring to the act before amended by Act No. 11041; and including a person registered as a soldier, a police official, or a public official equivalent to a person of distinguished service to the state pursuant to Article 12(2) of the Addenda to the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (Act No. 11041)) or a bereaved family member with priority. |
| (2) | A person who has been issued with a patriots and veterans registration card pursuant to paragraph (1) may file an application for reissuance of the patriots and veterans registration card with the Minister of Patriots and Veterans Affairs, in any of the following cases: |
| 1. | Where the patriots and veterans registration card is lost or is damaged and becomes unusable; |
| 2. | Where the classification of persons of distinguished service to the State under the subparagraphs of Article 4(1) of the Act is changed or added; |
| 3. | Where any change is made to the information on the patriots and veterans registration card which is prescribed by Decree of the Ministry of Patriots and Veterans Affairs, such as the name and date of birth. |
| (3) | The Minister of Patriots and Veterans Affairs may establish and operate an information system for the issuance, reissuance, management, and authentication of patriots and veterans registration cards. In such cases, the operating foundation commonly applied to identity verification under Article 12(4) of the Enforcement Decree of the Electronic Government Act may be used for the issuance, reissuance, management, and authentication of mobile patriots and veterans registration cards. |
| (4) | The Minister of Patriots and Veterans Affairs may, upon application by any of the following persons, issue a document confirming that the person is a person specified in the relevant subparagraph: |
| 1. | A person of distinguished service to the State specified in paragraph (1)1 or the person's bereaved family member or family member; |
| 2. | A person registered as a soldier, a police official, or a public official equivalent to a person of distinguished service to the State specified in paragraph (1)2 or the person's bereaved family member or family member. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the issuance and reissuance of patriots and veterans registration cards shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. |
[This Article Wholly Amended on May 23, 2023]
법령 이단보기
| Article 101-2 (Procedures for payment of monetary rewards) |
| (1) | A person who intends to report a person who engages in fraud falling under any of the subparagraphs of Article 82-7(1) of the Act (hereinafter referred to as "person who engages in fraud") shall submit a report on the fraudulent act to the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023> |
| (2) | The Minister of Patriots and Veterans Affairs upon receipt of a report under paragraph (1) shall examine the facts related to a person who engages in fraud, and notify a person who has reported a person who engages in fraud of the result thereof. <Amended on May 23, 2023> |
| (3) | Where a person who has reported a person who engages in fraud intends to receive a monetary reward, he or she shall submit an application for payment of a monetary reward to the Minister of Patriots and Veterans Affairs along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs after he or she receives a notice under paragraph (2). <Amended on May 23, 2023> |
| (4) | Except in extenuating circumstances, the Minister of Patriots and Veterans Affairs shall pay a monetary reward within 30 days from the date an application for payment of the monetary reward is filed. <Amended on May 23, 2023> |
[This Article Wholly Amended on Jun. 27, 2012]
법령 이단보기
| Article 101-3 (Standards for payment of monetary rewards) |
| (1) | The Minister of Patriots and Veterans Affairs shall pay a monetary reward under Article 82-7(1) of the Act of up to three million won per case as follows: |
| 1. | Where the amount of the monetary reward received fraudulently is at least five million won: The amount equivalent to 10/100 of the amount of the monetary reward received fraudulently; |
| 2. | Where the amount of the monetary reward fraudulently obtained is less than five million won or zero: 500,000 won. |
| (2) | The limits on the annual payment of monetary rewards (referring to the period from January 1 to December 31) paid to one person pursuant to paragraph (1) shall be 15 million won. |
[This Article Wholly Amended on Nov. 29, 2016]
법령 이단보기
| Article 101-4 (Methods of payment of monetary rewards at time of competition of reports) |
| (1) | Where at least two persons jointly report on the same fraud case, the Minister of Patriots and Veterans Affairs shall pay a monetary reward by distributing it equally; provided, where persons to be paid a monetary reward file an application for payment of the monetary reward after reaching an agreement on the method of distribution in advance, the Minister of Patriots and Veterans Affairs shall pay the monetary reward as agreed. |
| (2) | Where the Minister of Patriots and Veterans Affairs receives at least two reports on the same fraud case, he or she shall pay a monetary reward to the first reporter. |
[This Article Wholly Amended on Jun. 27, 2012]
법령 이단보기
| Article 101-5 (Restrictions on payment of monetary rewards) |
A monetary reward need not be paid in any of the following cases: <Amended on May 23, 2023>
| 1. | Where the details of fraud reported are already disclosed in mass media or are being examined or investigated; |
| 2. | Where a person who has reported a fraud case is a public official or employee belonging to the Ministry of Patriots and Veterans Affairs; |
| 3. | In cases of a report falling under Article 82-7(1)2 of the Act, three months have not passed from the last day of the month in which the date rights are extinguished; |
| 4. | Where the Minister of Patriots and Veterans Affairs deems it appropriate not to pay a monetary reward. |
[This Article Wholly Amended on Jun. 27, 2012]
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| Article 101-6 Deleted. <Jun. 27, 2012> |
법령 이단보기
| Article 101-7 Deleted. <Jun. 27, 2012> |
법령 이단보기
| Article 101-8 Deleted. <Jun. 27, 2012> |
법령 이단보기
| Article 102 (Delegation or entrustment of authority) |
| (1) | The Minister of Patriots and Veterans Affairs shall delegate his or her authority over the following matters (excluding those prescribed in subparagraphs 12 through 15, 17, 20, and 21) to the director of a regional office of patriots and veterans affairs or the head of a branch of patriots and veterans affairs having jurisdiction over the domicile (where the domicile is Jeju Special Self-Governing Province, referring to Jeju Special Self-Governing Province Governor), and delegate his or her authority over the matters referred to in subparagraphs 12 through 17, 20, and 21 to the director of a regional office of patriots and veterans affairs or the head of a branch of patriots and veterans affairs having jurisdiction over an educational institution (where an educational institution is located in Jeju Special Self-Governing Province, referring to Jeju Special Self-Governing Province Governor) pursuant to Article 83(1) of the Act; provided, where he or she delegates his or her authority to Jeju Special Self-Governing Province Governor, his or her authority transferred to Jeju Special Self-Governing Province Governor pursuant to Article 342 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, out of his or her authority over the following, shall be excluded: <Amended on Jun. 27, 2012; Apr. 28, 2014; Jun. 21, 2016; Mar. 27, 2018; Dec. 24, 2019; May 9, 2022; May 23, 2023; Jun. 13, 2023> |
| 1. | Registration and determination provided for in Article 6 of the Act; |
| 2. | Reporting on changes in personal circumstances under Article 6-2 of the Act and measures based thereon; |
| 3. | Affairs concerning physical examinations, such as receiving applications for physical examinations, requesting physical examinations, and notifying determination as to disability ratings, under Article 6-3 of the Act; |
| 4. | Further approval of disabilities under Article 6-5 of the Act; |
| 5. | Determining persons whose rights to receive compensation are extinguished pursuant to Article 9(4) of the Act and receiving notification under paragraph (5) of that Article; |
| 6. | Paying monetary compensation under Article 12(1) through (3) of the Act; |
| 7. | Receiving written designations of a recipient of monetary compensation, documents evidencing the support for or raising of a person of distinguished service to the State, and applications for equal division and separate payment of monetary compensation, etc. under Article 13(2) of the Act, and Articles 24(1), 24-2, and 24-3 of this Decree; |
| 8. | Paying cost of living allowances under Article 14 of the Act, receiving applications for payment of cost of living allowances, examining and inquiring to determine persons eligible for the payment thereof and requesting to provide financial information, etc. under Articles 14-2 through 14-4 of the Act; |
| 9. | Paying veterans’ benefits falling under any of the following: |
| a. | Nursing allowances, family allowances, severe disability supplemental allowances, allowances for military merit honor, allowances for children of soldiers and police officers killed in the Korean War, and allowances for contribution to the April 19 Revolution under Articles 15(1), 15-2(1), 16(1), 16-2(1), 16-3(1), and 16-4(1) of the Act; |
| b. | Lump-sum death benefits under Article 17(1) through (3) of the Act; |
| c. | Unpaid veterans’ benefits under Article 18 of the Act; |
| 9-2. | Determining the suspension of payment of veterans’ benefits under Article 20 of the Act; |
| 10. | Verifying persons eligible to receive veterans' benefits, etc. under Article 32-3 and designating a person who receives veterans' benefits, etc. on behalf of a veteran under Article 33; |
| 11. | Receiving applications for educational assistance and determining persons eligible for educational assistance under Article 22 of the Act; |
| 12. | Verifying persons eligible for educational assistance who wish to be admitted to school under Article 36(1); |
| 13. | Preparing and submitting a list of applicants for admission to school under Article 36(2); |
| 14. | Receiving notification of a list of persons eligible for educational assistance under Article 40; |
| 15. | Verifying persons eligible for educational assistance who wish to transfer to another school under Article 41; |
| 16. | Issuing certificates of eligibility for educational assistance under Article 42(4) and issuing certificates of eligibility for exemption from university tuition fees, etc. under paragraph (5) of that Article; |
| 17. | Receiving applications for payment of subsidies filed by private universities, etc., determining and notifying whether to provide subsidies, and requesting the submission of data under Article 42(6) and (7); |
| 18. | Receiving applications for payment of tuition fees, etc., determining whether to provide subsidies, and requesting the submission of data under Article 25(4) of the Act and Article 42-2 of this Decree; |
| 19. | Receiving applications for subsidies and provision of subsidies under Article 25-2 of the Act and Article 42-3 of this Decree; |
| 20. | Providing educational subsidies under Article 26 of the Act; |
| 21. | Receiving notices of changes in school attendance under Article 44; |
| 22. | Issuing certificates of eligibility for employment assistance under Article 31 of the Act and Article 49 of this Decree; |
| 23. | Receiving applications for employment assistance under Article 31-2 of the Act; |
| 24. | Referring persons eligible for employment assistance under Article 32 of the Act; |
| 25. | Receiving notifications concerning the fixed number and employment of public officials in general service, etc. of State agencies, etc., verifying and examining the conditions of employment on State agencies, etc., requesting rectification or supplement, and receiving notifications of the results thereof under Article 33 of the Act; |
| 26. | Receiving reports filed by enterprises, etc., instructions concerning requests for explanation made by public officials and requests for submitting relevant data to understand the actual conditions of enterprises, etc. under Article 33-3(1) and (2) of the Act; |
| 27. | Referring persons eligible for employment assistance, employment orders to enterprises, etc., and notifying the employment to persons eligible for employment assistance under Article 34 of the Act; |
| 28. | Restrictions on employment assistance under Article 34-2 of the Act; |
| 29. | Requesting rectification and receiving notifications of the results under Article 36(2) and (3) of the Act; |
| 30. | Receiving notifications of employment, etc. under Article 37 of the Act; |
| 31. | Providing vocational rehabilitation training and referring persons eligible for vocational skills development training under Article 38(1) and (2) of the Act; |
| 32. | Providing subsidies, etc. for the development of skills needed for jobs, subsidization of expenses incurred in developing skills needed for jobs, requesting to submit data on vocational skills development training facilities, etc. under Article 39(1) of the Act and Article 61-4 of this Decree; |
| 33. | Entrusting medical diagnosis and treatment, receiving a notification of emergency medical diagnosis and treatment, receiving a written agreement for designation of bereaved family member with priority, and receiving an application for the payment of costs of prescription drugs under Article 42(2) and (7) of the Act and Articles 63, 64(5), and 64-2(3) of this Decree; |
| 34. | Providing prosthetic devices under Article 43-2 of the Act; |
| 35. | Determining loans under Article 50(2) of the Act (only applicable to authority only over persons prescribed by the financial services commission, who fail to repay debts within the agreed period in commercial transactions, such as financial transactions; the same shall apply in subparagraphs 36 through 41); |
| 36. | Receiving applications for loans and the provision of loans under Article 52(1) and (2) of the Act; |
| 37. | Receiving applications for providing subsidies and providing subsidies under Article 55 of the Act and Article 75 of this Decree; |
| 38. | Issuing letters of payment guarantee, acquiring collateral, providing guarantors, acquiring other collaterals and approving the substitution of the pledged assets under Article 56(1) through (3), (5), (7) and (8) of the Act; |
| 39. | Set-off of the principal of and interest on loans, etc. under Article 59 of the Act; |
| 40. | Appointing appraisers under Article 76; |
| 41. | Receiving reports on succession to loans under Article 62-2(2) of the Act; |
| 42. | Receiving applications for providing subsidies for care assistance and providing subsidies under Article 63-2 of the Act; |
| 42-2. | Providing domiciliary care service for patriots and veterans and receiving applications for domiciliary care service for patriots and veterans under Article 63-3(1) and (2) of the Act; |
| 43. | Requests for re-examination under Article 74-10 of the Act; |
| 44. | Receiving objections and notifying the result under Article 74-18 of the Act; |
| 45. | Recovery of veterans' benefits, etc., and interest, collection of amount of arrears, collection in the same manner as the compulsory collection of national taxes, and writes-off under Article 75 of the Act; |
| 46. | Exemption from obligation to return under Article 76 of the Act; |
| 47. | Suspending compensation and notifying the result under Article 78 of the Act and Article 99 of this Decree; |
| 48. | Revoking eligibility to be governed by the Act, and re-registration of persons excluded under Article 79(1) through (4) of the Act, requests for verifying criminal records under paragraph (5) of that Article; |
| 49. | Requests for cooperation from relevant institutions, etc. under Article 82-6 of the Act; |
| 49-2. | Issuance and reissuance of patriots and veterans registration cards under Article 101(1) and (2), and use of the operating foundation under the latter part of paragraph (3) of that Article; |
| 49-3. | Issuance of confirmation documents under Article 101(4); |
| 50. | Paying monetary rewards under Article 82-7 of the Act; |
| 51. | Imposition and collection of administrative fines under Article 86 of the Act; |
| 52. | Decision of installment payment of the amount to be recovered and cancellation thereof under Article 95(5) and (7). |
| (2) | Deleted. <Dec. 31, 1999> |
| (3) | The Minister of Patriots and Veterans Affairs shall entrust his or her authority over elder care assistance and child care assistance under Articles 63 and 64 of the Act to the president of the Korea Veterans Health Service pursuant to Article 65 of the Act. <Amended on May 23, 2023> |
| (4) | The Minister of Patriots and Veterans Affairs shall entrust affairs relating to the payment of veterans' benefits under Article 11 of the Act, educational subsidies under Article 26 of the Act, and costs of prescription drugs under Article 64-2(1)2b of this Decree to postal offices and banks pursuant to Article 83(2) of the Act. <Added on Jun. 21, 2016; May 9, 2022; May 23, 2023> |
| (5) | The Minister of Patriots and Veterans Affairs shall entrust affairs concerning providing loans (excluding affairs concerning providing loans to persons prescribed by Financial Services Commission, who fail to repay debts within the agreed period in commercial transactions, such as financial transactions) under Articles 46 through 56 and 59 through 62 of the Act to banks under Articles 2(1)2 of the Banking Act pursuant to Article 83(2) of the Act. <Amended on Nov. 15, 2010; Jun. 21, 2016; May 23, 2023> |
| (6) | The Minister of Patriots and Veterans Affairs shall entrust affairs regarding physical examinations specified in the subparagraphs of Article 6-3(2) of the Act (excluding affairs delegated to the director of the competent office of patriots and veterans affairs or to the head of the competent branch of patriots and veterans affairs pursuant to paragraph (1)1) to the head of a veterans hospital pursuant to Article 83(3) of the Act. In such cases, the Minister of Patriots and Veterans Affairs may help with all or some of the expenses associated with physical examinations, within the budget. <Amended on Jun. 27, 2012; Jun. 21, 2016; Dec. 1, 2020; May 23, 2023> |
[This Article Wholly Amended on Aug. 13, 2009]
[Title Amended on May 9, 2022]
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| Article 102-2 (Processing of sensitive information and personally identifiable information) |
| (1) | Where unavoidable for conducting the following affairs, the Minister of Patriots and Veterans Affairs (including the patriots and veterans entitlement commission and persons to whom the authority of the minister of patriots and veterans affairs is delegated, re-delegated, or entrusted) may process data including information about health under Article 23 of the Personal Information Protection Act, resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of that Act, passport numbers under subparagraph 2 of that Article or foreigner registration numbers under subparagraph 4 of that Article: <Amended on Jun. 27, 2012; Aug. 6, 2014; Jan. 13, 2022; May 9, 2022; May 23, 2023> |
| 1. | Affairs concerning registration, determination, etc. under Articles 6, 6-3 and 6-5 of the Act; |
| 2. | Affairs concerning reporting changes under Article 6-2 of the Act; |
| 3. | Deleted. <Jun. 27, 2012> |
| 4. | Affairs concerning honorable treatment of and support for persons of distinguished service to the State, soldiers, police officers, etc. being treated similarly to persons of distinguished service to the State, and their bereaved families or families under the Act and this Decree; |
| 5. | Affairs concerning establishing, operating, etc. of the Patriots and Veterans Entitlement Commission under the Act and this Decree; |
| 6. | Deleted; <Dec. 30, 2015> |
| 7. | Affairs concerning recovering veterans' benefits, etc. and giving exemption from obligation to return veterans' benefits, etc. under Articles 75 and 76 of the Act; |
| 8. | Affairs concerning suspending compensation under Article 78 of the Act; |
| 9. | Affairs concerning revoking eligibility to be governed by the Act under Article 79 of the Act; |
| 10. | Affairs necessary to conduct affairs under subparagraphs 1, 2 and 6 through 9. |
| (2) | Where unavoidable for conducting affairs concerning honorable treatment of and support for persons of distinguished service to the State, soldiers, police officers, etc. being treated similarly to persons of distinguished service to the State, and their bereaved families or families under the Act and this Decree, the head of a local government (including a person delegated or entrusted with the relevant authority, where he or she has delegated or entrusted the authority) may process data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Added on Aug. 6, 2014> |
| (3) | An organization entrusted with the operation of the operating foundation for identity verification pursuant to Article 89-2 of the Enforcement Decree of the Electronic Government Act may process data containing health information under Article 23 of the Personal Information Protection Act if it is unavoidable in order to perform duties related the use of the operating foundation for the issuance, reissuance, management, and authentication of the mobile patriots and veterans registration cards pursuant to the latter part of Article 101-3 of this Decree. <Added on May 23, 2023> |
[This Article Added on Jan. 6, 2012]
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| Article 102-3 (Re-examination of regulation) |
The Minister of Patriots and Veterans Affairs shall examine the appropriateness of restrictions on employment assistance under Article 58 every three years (referring to a period that ends on January 1 of every third year), counting from January 1, 2014 and shall take measures, such as making improvements. <Amended on May 23, 2023>
[This Article Wholly Amended on Mar. 3, 2020]
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| Article 103 (Criteria for imposing administrative fines) |
Criteria for imposing administrative fines under Article 86(1) and (2) of the Act shall be as specified in Appendix 11.
[This Article Wholly Amended on Jun. 21, 2016]
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| Article 104 Deleted. <Aug. 13, 2009> |
ADDENDA <Presidential Decree No. 11613, Dec. 31, 1984>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 1985.
Article 2 (Repeal of statutes and regulations)
The following Presidential Decrees are hereby repealed:
| 1. | The Enforcement Decree of the Veterans' Benefits and Compensation Act; |
| 2. | The Enforcement Decree of the Act on Special Benefits for Persons, etc. of Distinguished Service to the State; |
| 3. | The Enforcement Decree of the Veterans' Benefits and Monetary Compensation Act; |
| 4. | The Enforcement Decree of the Act on Education and Protection of Children of Persons Eligible for Veterans' Benefits; |
| 5. | The Enforcement Decree of the Act on Appointment of Persons Eligible for Veterans' Benefits; |
| 6. | The Enforcement Decree of the Act on Employment of Persons Eligible for Veterans' Benefits; |
| 7. | The Enforcement Decree of the Act on Loans for Settlement of Persons Eligible for Veterans' Benefits; |
| 8. | The Regulations concerning Payment of Veterans' Benefits; |
| 9. | The Regulations concerning Medical Service for Wounded Soldiers and Police Officers; |
| 10. | The Regulations concerning Free Travel Pass of Wounded Soldiers and Police Officers on Train and Issuance of Free Travel Pass. |
Article 3 (Transitional measures concerning application for registration)
Any person who has filed an application or report related to various veterans' benefits, such as an application for registration and application for employment, pursuant to statutes and regulations repealed pursuant to Article 2 of the Addenda as at the time this Decree enters into force shall be deemed to have filed an application or report pursuant to this Decree.
Article 4 (Transitional measures concerning calculation of interest rate added to retirement pension)
Where a person the payment of whose pension was suspended due to his or her employment as at the time this Decree enters into force retires, the former provisions thereof shall apply to the rate of interest added to the pension the payment of which was suspended in calculating the retirement pension paid to him or her by December 31, 1984.
Article 5 (Transitional measures concerning payment of basic pension to patriots and their bereaved families)
Notwithstanding Article 22, the amount of the basic pension paid to patriots and their bereaved families being protected in a nursing facility or foster care facility of the State or a local government, etc. at the expense of the State pursuant to Article 20(2) of the Act at the time this Decree enters into force shall be the equivalent to the pension under the former provision thereof.
Article 6 Deleted.
Article 7 (Relationship to other statutes and regulations)
Where statutes and regulations repealed pursuant to Article 2 of the Addenda or any provisions thereof are cited by other statutes and regulations at the time this Decree enters into force, in which case this Decree contains the relevant provisions, this Decree or the relevant provisions of this Decree shall be deemed cited in lieu of the provisions of such statutes and regulations repealed; and where the Enforcement Decree of the Memorial Project Fund for Patriots Act is cited by other statutes and regulations, the Enforcement Decree of the Memorial Project Fund for National Martyrs and Patriots Act shall be deemed cited; where the Enforcement Decree of the Korea Veterans Relief and Welfare Corporation Act is cited by other statutes and regulations, the Enforcement Decree of the Korea Veterans Welfare Corporation Act shall be deemed cited; and where the Enforcement Decree of the Veterans Fund Act is cited by other statutes and regulations, the Enforcement Decree of the Patriots and Veterans Fund Act shall be deemed cited, respectively.
ADDENDUM <Presidential Decree No. 11842, Dec. 31, 1985>
This Decree shall enter into force on January 1, 1986.
ADDENDUM <Presidential Decree No. 12060, Dec. 31, 1986>
This Decree shall enter into force on January 1, 1987; provided, the amended provisions of Article 22 shall enter into force on July 1, 1987.
ADDENDA <Presidential Decree No. 12262, Oct. 26, 1987>
Article 1 (Enforcement date)
This Decree shall enter into force on November 1, 1987.
Article 2 (Transitional measures concerning physical examinations)
A new physical examination, physical examination for reexamination, physical examination for reverification or physical examination for reclassification for which an application was filed pursuant to the former provisions as at the time this Decree enters into force shall be deemed filed pursuant to this Decree.
Article 3 (Transitional measures concerning disability ratings)
The disability rating mentioned as "Rating 2(A)" in the items mentioned in a certificate issued by the Administrator of the Patriots and Veterans Affairs Administration pursuant to the former provisions at the time this Decree enters into force shall be construed as " Rating 3", the disability rating mentioned as " Rating 2(B)" shall be construed as " Rating 5", and the disability rating mentioned as " Rating 3" shall be construed as " Rating 6."
Article 4 Omitted.
ADDENDA <Presidential Decree No. 12375, Dec. 31, 1987>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 1988; provided, the following amended provisions shall enter into force on July 1, 1988:
| 1. | The amended provisions of Articles 22, 31(1) and 43(3); |
| 2. | The amended provisions of subparagraph 2h2) of Persons of Distinguished Service to the State, and subparagraphs 2a3) and 4), b, c4) and 5) of Bereaved Families of Persons of Distinguished Service to the State of the Classifications of Payment of Additional Pension specified in Appendix 3; |
| 3. | The amended provisions concerning the date of payment of monetary compensation specified in Appendix 6. |
Article 2 (Transitional measures concerning physical examinations)
A new physical examination; physical examination for reexamination; physical examination for reverification; or physical examination for reclassification for which an application was filed pursuant to the former provisions at the time this Decree enters into force shall be deemed filed pursuant to this Decree.
Article 3 (Transitional measures concerning disability ratings)
The disability rating mentioned as "Special Rating " in the items mentioned in a certificate issued by the Administrator of the Patriots and Veterans Affairs Administration pursuant to the former provisions at the time this Decree enters into force shall be construed as " Rating 1(1)", the disability rating mentioned as " Rating 1" shall be construed as " Rating 1(3)."
Article 4 Omitted.
ADDENDA <Presidential Decree No. 12589, Dec. 31, 1988>
| (1) | (Enforcement date) This Decree shall enter into force on January 1, 1989; provided, the amended provisions of subparagraph 2(H) of Persons of Distinguished Service to the State, and subparagraph 2c6) of Bereaved Families of Persons of Distinguished Service to the State of the Classifications of Payment of Additional Pension specified in Appendix 4 shall enter into force on July 1, 1989. |
| (2) | (Transitional measures concerning abolition of monetary compensation suspension system) Suspended pensions under Article 2(2) of the Addenda of the Act shall be refunded in lump sum in order of seniority of the persons eligible for refunds, and in order of lowest income of the standard of living; and the Administrator of the Patriots and Veterans Affairs Administration shall prescribe the scope, method, etc. of providing the same by year. |
ADDENDA <Presidential Decree No. 12816, Oct. 11, 1989>
| (1) | (Enforcement date) This Decree shall enter into force on November 1, 1989. |
| (2) | (Transitional measures concerning disability ratings) A person who has failed to be reclassified as Rating 6(1) of the disability ratings pursuant to the provisions of this Decree, who corresponds to Rating 6 of the disability ratings pursuant to the former provisions at the time this Decree enters into force, shall be deemed a person corresponding to Rating 6(2) of the disability ratings. |
ADDENDUM <Presidential Decree No. 12852, Dec. 14, 1989>
This Decree shall enter into force on the date of its promulgation, and apply from November 1, 1989.
ADDENDUM <Presidential Decree No. 12894, Dec. 30, 1989>
This Decree shall enter into force on January 1, 1990; provided, the amended provisions of subparagraph 2c6) of Bereaved Families of Persons of Distinguished Service to the State of the Classifications of Payment of Additional Pension specified in Appendix 4 shall enter into force on July 1, 1990.
ADDENDA <Presidential Decree No. 13072, Aug. 13, 1990>
| (1) | (Enforcement date) This Decree shall enter into force on August 15, 1990. |
| (2) | (Transitional measures) The Administrator of the Patriots and Veterans Affairs Administration shall pay additional pensions and lump-sum death benefits corresponding to a person awarded the Order of Merit for National Foundation Rating 4; person awarded the Order of Merit for National Foundation Rating 5; and his or her bereaved family to a person awarded the Patriot Medal; person who received a Patriot Citation; and his or her bereaved family as at the time this Decree enters into force, respectively. |
ADDENDA <Presidential Decree No. 13173, Dec. 1, 1990>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso omitted).
Article 2 Omitted.
Articles 3 and 4 Omitted.
ADDENDA <Presidential Decree No. 13184, Dec. 18, 1990>
Article 1 (Enforcement date)
This Decree shall enter into force one month after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 13236, Dec. 31, 1990>
This Decree shall enter into force on January 1, 1991.
ADDENDA <Presidential Decree No. 13282, Feb. 1, 1991>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 13564, Dec. 31, 1991>
| (1) | (Enforcement date) This Decree shall enter into force on January 1, 1992. |
| (2) | Deleted. <Jun. 30, 2001> |
ADDENDA <Presidential Decree No. 13646, May 18, 1992>
| (1) | (Enforcement date) This Decree shall enter into force on July 1, 1992. |
| (2) | (Transitional measures concerning employment protection of soldiers discharged from long-term military service) Notwithstanding the amended provisions of Article 91(1) and (2), the Administrator of the Patriots and Veterans Affairs Administration shall provide employment protection under the former provisions thereof, to non-commissioned officers discharged from long-term military service determined as persons eligible for employment protection by the Board of Patriots and Veterans Entitlement among non-commissioned officers discharged after April 4, 1981, as at the time this Decree enters into force. |
ADDENDUM <Presidential Decree No. 13824, Dec. 31, 1992>
This Decree shall enter into force on January 1, 1993.
ADDENDUM <Presidential Decree No. 14071, Dec. 31, 1993>
This Decree shall enter into force on January 1, 1994.
ADDENDUM <Presidential Decree No. 14312, Jun. 30, 1994>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14397, Oct. 6, 1994>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 14507, Dec. 31, 1994>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 1995.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 14896, Dec. 30, 1995>
This Decree shall enter into force on January 1, 1996.
ADDENDA <Presidential Decree No. 15136, Aug. 8, 1996>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 15256, Dec. 31, 1996>
| (1) | (Enforcement date) This Decree shall enter into force on January 1, 1997. |
| (2) | (Transitional measures concerning awarding certificates of distinguished service to the state) A certificate of distinguished service to the State awarded at the time this Decree enters into force shall be deemed a certificate of distinguished service to the State awarded pursuant to this Decree. |
| (3) | (Transitional measures concerning unification of table of employment ratios) Where the number of persons eligible for employment protection employed by an institution providing employment protection at the time this Decree enters into force exceeds the number of persons to be preferentially employed pursuant to the amended provision of the proviso of Article 49(1), such institution providing employment protection shall not discharge or dismiss such persons eligible for employment protection on the grounds of such excess. |
ADDENDA <Presidential Decree No. 15486, Sep. 30, 1997>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to other statutes and regulations)
Where the former Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, is or any provisions thereof are cited in other statutes and regulations at the time this Decree enters into force, in which case this Decree contains the relevant provisions, this Decree or the relevant provisions of this Decree shall be deemed cited.
ADDENDUM <Presidential Decree No. 15792, May 9, 1998>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 22 and 26 and Appendices 4 through 6 shall apply from January 1, 1998.
ADDENDA <Presidential Decree No. 15870, Aug. 21, 1998>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 16174, Mar. 3, 1999>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions concerning the employment ratios in the banking industry and banking and insurance-related service industry of Appendix 8 shall apply from January 1, 2001.
Article 2 (Transitional measures following amendment to table of employment ratios)
| (1) | Where the number of persons eligible for employment protection preferentially employed by an enterprise, etc. (including persons to whom employment protection should be provided in accordance with an employment order pursuant to paragraph (2); hereafter in this paragraph the same shall apply) at the time this Decree enters into force exceeds the number of persons who should be preferentially employed pursuant to the amended provisions of Appendix 8, the former provisions of Appendix 8 shall apply until the number of persons eligible for employment protection who have been preferentially employed at the time this Decree enters into force reach to the number of persons preferentially employed pursuant to the amended provisions of Appendix 8. |
| (2) | Notwithstanding the amended provisions of Appendix 8, any enterprise, etc. that has failed to comply with an employment order which it received before this Decree enters into force shall comply with the employment order in accordance with the employment ratio under the former provisions thereof. |
ADDENDA <Presidential Decree No. 16659, Dec. 31, 1999>
| (1) | (Enforcement date) This Decree shall enter into force on January 1, 2000. |
| (2) | (Transitional measures concerning applications for new physical examinations) Applicants for a new physical examination, physical examination for re-examination, physical examination for re-verification and physical examination for re-classification pursuant to the former provisions at the time this Decree enters into force shall be deemed to have applied for such physical examinations pursuant to this Decree. |
| (3) | (Special cases concerning submission to board of patriots and veterans entitlement) Notwithstanding Article 8(2), the Administrator of the Patriots and Veterans Affairs Administration may conduct physical examinations of persons confirmed and notified as persons wounded in action or in the line duty by the head of an agency to which they belonged before December 31, 1988 among persons who apply for registration of persons of distinguished service to the State because Rating 7 of the disability ratings is newly established without submitting them to the Board of Patriots and Veterans Entitlement. |
ADDENDA <Presidential Decree No. 16876, Jun. 27, 2000>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2000.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 17094, Dec. 30, 2000>
| (1) | (Enforcement date) This Decree shall enter into force on January 1, 2001; provided, the amended provisions of Articles 27-2 and 27-3 shall enter into force on July 1, 2001. |
| (2) | (Applicability to cost of living allowances) Notwithstanding the amended provisions of Appendix 5, the former provisions thereof shall apply to the amounts of cost of living allowances paid to children of soldiers and police officers killed in the Korean War. |
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17158, Mar. 27, 2001>
Article 1 (Enforcement date)
This Decree shall enter into force on March 27, 2001.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 17289, Jun. 30, 2001>
| (1) | (Enforcement date) This Decree shall enter into force on July 1, 2001. |
ADDENDUM <Presidential Decree No. 17290, Jun. 30, 2001>
This Decree shall enter into force on July 1, 2001.
ADDENDUM <Presidential Decree No. 17479, Dec. 31, 2001>
This Decree shall enter into force on January 1, 2002.
ADDENDA <Presidential Decree No. 17565, Mar. 30, 2002>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation, and apply from March 1, 2002; provided, the amended provisions of Article 20(1) and (2), and Appendix 4 shall enter into force on October 1, 2002. |
| (2) | (Transitional measures concerning registration) Notwithstanding Articles 3 and 94-3 and Appendix 1, persons registered as persons who rendered distinguished service to the State, persons eligible for assistance, etc. pursuant to the former provisions of Article 3-2 and Appendix 1 at the time this Decree enters into force shall be deemed registered pursuant to this Decree. |
ADDENDA <Presidential Decree No. 17687, Jul. 27, 2002>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 17857, Dec. 30, 2002>
| (1) | (Enforcement date) This Decree shall enter into force on January 1, 2003. |
| (2) | (Transitional measures concerning confirmation of cause of death) The amended provisions of Article 20(3) shall apply to a person not verified at the time this Decree enters into force as to whether he or she died of wounds among soldiers and police officers wounded in action, soldiers and police officers wounded in the line of duty, persons wounded in the April 19 Revolution and special contributors who suffered wounds corresponding to Rating 6 of the disability ratings, who died before this Decree enters into force. |
ADDENDUM <Presidential Decree No. 17952, Apr. 4, 2003>
This Decree shall enter into force on May 1, 2003.
ADDENDUM <Presidential Decree No. 18227, Jan. 17, 2004>
This Decree shall enter into force on the date of its promulgation, and apply from January 1, 2004.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18318, Mar. 17, 2004>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 42, 46, 48 through 56 and 60 shall enter into force on January 1, 2004; provided, the amended provisions of Article 73 shall enter into force on April 1, 2004. |
| (2) | (Transitional measures concerning determination of disability ratings) The former provisions of Appendix 3 shall apply to a person whose disability rating is decreased pursuant to the amended provisions thereof even though the level of disability is unchanged, whose disability rating was determined pursuant to the former provisions thereof at the time this Decree enters into force. |
| (3) | (Transitional measures concerning calculation of interest on overdue accounts of persons who delay in repayment of principal of loans) Interest on the overdue account of a person who delays in the repayment of the principal of a loan at the time this Decree enters into force shall be calculated in accordance with an interest rate on overdue accounts under the former provisions until March 31, 2004. |
ADDENDUM <Presidential Decree No. 18684, Jan. 17, 2005>
This Decree shall enter into force on the date of its promulgation, and apply from January 1, 2005.
ADDENDA <Presidential Decree No. 18982, Jul. 27, 2005>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional measures concerning physical examinations) The disability rating of an applicant for physical examination pursuant to the former provisions at the time this Decree enters into force shall be determined pursuant to the amended provisions of this Decree. |
| (3) | (Transitional measures concerning determination of disability ratings) The former provisions of Appendix 3 shall apply to a person whose disability rating is decreased pursuant to the amended provisions thereof even though the level of disability is unchanged, whose disability rating was determined pursuant to the former provisions thereof at the time this Decree enters into force. |
ADDENDUM <Presidential Decree No. 19106, Oct. 26, 2005>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 46 shall enter into force on October 30, 2005.
ADDENDUM <Presidential Decree No. 19272, Jan. 13, 2006>
This Decree shall enter into force on the date of its promulgation, and apply from January 1, 2006.
ADDENDA <Presidential Decree No. 19347, Feb. 16, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19388, Mar. 10, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19780, Dec. 21, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2007; provided, the amended provisions of Articles 16(1) and (4), 17(1) and (5), 18, 19(1) through (3), 94, 99(1), 102(1)1 and 102(4) shall enter into force on the date of their promulgation.
Article 2 (Transitional measures concerning payment of additional pensions)
| (1) | Regarding paying allowances under the amended provisions of Article 23(1) to a person who rendered distinguished service to the State or his or her bereaved family who has been receiving additional pensions because he or she has no or is deemed not to have a son or lineal descendant, who is a man and is not less than 24 or less than 60 years of age in accordance with the former Article 23 and the classifications of the payment of additional pensions of Appendix 4 at the time this Act enters into force, the person shall be deemed not to have a child or lineal descendant who is at least 24 but less than 60 years of age, notwithstanding the amended provisions of Article 23(2) and (3), and Appendix 4-2. |
| (2) | Regarding paying allowances under the amended provisions of Article 23(1)4 to a bereaved family member who has been receiving additional pensions in accordance with the former Article 23 as at the time this Decree enters into force and the classifications of the payment of additional pensions of Appendix 4 because his or her children were killed in action or in the line of duty and consequently he or she has no son, the person shall be deemed not to have a child because his or her children were killed in action or in the line of duty, notwithstanding the amended provisions of the main clause of Article 23(2) and Appendix 4-2. |
| (3) | Regarding paying allowances under the amended provisions of Article 23(1), non-supporter allowances and death benefits for at least two persons shall be paid to a person receiving additional pensions on the grounds that he or she has no son or lineal descendant, who is a man, who is at least 24 but less than 60 years of age according to the former Article 23 and the classifications of the payment of additional pensions of Appendix 4 as at the time this Decree enters into force, along with additional pensions on the grounds that the same person is a bereaved family member of at least two persons deceased, notwithstanding the amended provisions of the proviso of Article 23(2). |
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 19839, Jan. 19, 2007>
This Decree shall enter into force on the date of its promulgation, and apply from January 1, 2007.
ADDENDUM <Presidential Decree No. 19979, Mar. 27, 2007>
This Decree shall enter into force on March 29, 2007; provided, the amended provisions of Articles 69, 78, 83, 102(1)15 and 102(4) shall enter into force on July 1, 2007.
ADDENDA <Presidential Decree No. 20514, Dec. 31, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provision of Article 8(2)2 shall enter into force on January 1, 2008.
Article 2 (Transitional measures concerning physical examinations)
The disability rating of a person who applied for physical examination pursuant to the former provisions at the time this Decree enters into force shall be determined pursuant to the amended provisions of this Decree.
Article 3 (Transitional measures concerning determination of disability ratings)
The former provisions of Appendix 3 shall apply to a person whose disability rating is decreased pursuant to the amended provisions thereof even though the level of disability is unchanged, whose disability rating was determined pursuant to the former provisions thereof at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 20561, Jan. 22, 2008>
This Decree shall enter into force on the date of its promulgation, and apply from January 1, 2008.
ADDENDA <Presidential Decree No. 20727, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 21050, Sep. 26, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on September 29, 2008.
Article 2 (Applicability to number of persons eligible for employment assistance per household)
The amended provision of Article 56(2) shall apply beginning from the first person employed through referring persons eligible for special employment of public officials in technical service, etc. pursuant to Article 32(2) of the Act after this Decree enters into force.
Article 3 (Transitional measures concerning issuance of certificate of cancellation of property pledged as collateral for loan)
Where a person who has obtained a loan secured on property registered with additional remarks that the relevant property was acquired with the assistance of the loan, and cannot be transferred, pledged as collateral or seized pursuant to Article 56(4) of the former Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (referring to the act before it is amended by Act No. 9079) applies for the issuance of a certificate of the cancellation of property pledged as collateral for the loan for the cancellation of such additional remarks to the registration, the Minister of Patriots and Veterans Affairs may issue a certificate of the cancellation of property pledged as collateral for the loan pursuant to Article 77(2) of this Decree.
ADDENDUM <Presidential Decree No. 21280, Jan. 28, 2009>
This Decree shall enter into force on the date of its promulgation, but apply from January 1, 2009.
ADDENDA <Presidential Decree No. 21573, Jun. 26, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Articles 3 and 4 Omitted.
ADDENDA <Presidential Decree No. 21574, Jun. 26, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2009.
Article 2 (Applicability)
The amended provision of Article 63(3) shall apply beginning from the first person who receives emergency medical care after this Decree enters into force.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 21686, Aug. 13, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning physical examinations)
The disability rating of a person who applied for physical examination pursuant to the former provisions at the time this Decree enters into force shall be determined pursuant to the amended provisions of this Decree.
Article 3 (Transitional measures concerning determination of disability ratings)
A person whose disability rating is decreased pursuant to the amended provisions of Appendix 3 even though the level of disability is unchanged, whose disability rating was determined pursuant to the former provisions thereof at the time this Decree enters into force, shall be deemed to remain in the former disability rating.
ADDENDA <Presidential Decree No. 21867, Dec. 7, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on December 10, 2009. (Proviso omitted).
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 21990, Jan. 15, 2010>
This Decree shall enter into force on the date of its promulgation, but the amended provisions of Article 27-2, Appendices 4, 5-2 and 6-2 shall apply from January 1, 2010.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22607, Dec. 31, 2010>
This Decree shall enter into force on January 1, 2011.
ADDENDUM <Presidential Decree No. 23003, Jun. 30, 2011>
This Decree shall enter into force on June 30, 2011.
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.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23515, Jan. 13, 2012>
This Decree shall enter into force on the date of its promulgation, but apply from January 1, 2012.
ADDENDA <Presidential Decree No. 23885, Jun. 27, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2012.
Article 2 (Special cases concerning examination of requirements for persons of distinguished service to the state)
Where a person who has failed to obtain a disability rating in a new physical examination or physical examination for reexamination among those deliberated and decided upon by the Board of Patriots and Veterans Entitlement meeting requirements for persons who rendered distinguished service to the State, etc. pursuant to the former provisions at the time this Decree enters into force re-applies for registration of a person who rendered distinguished service to the State, etc. after this Decree enters into force, he or she shall be deliberated and decided by the Board of Patriots and Veterans Entitlement pursuant to Article 10(1), notwithstanding Article 16(2).
Article 3 (Applicability to payment of allowances)
The amended provisions of Articles 23, 26, 26-2, and 26-3, and Appendices 4-2, 5-2 and 5-3 shall apply beginning from a person registered as a person who rendered distinguished service to the State (including a person determined to have incurred a physical disability corresponding to a disability rating pursuant to Article 3 of the Addenda of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State partly amended by Act No. 11041), his or her bereaved family or family by applying for registration after this Decree enters into force.
Article 4 (Transitional measures concerning registration)
| (1) | A person registered as a person who rendered distinguished service to the State, person falling under Article 73-2 of the Act before it is amended by the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State partly amended by the Act No. 11041 (hereinafter referred to as "former Act"), his or her bereaved family or family pursuant to the former provisions at the time this Decree enters into force shall be deemed registered pursuant to this Decree, notwithstanding the amended provisions of Article 3 and Appendix 1. |
| (2) | The former provisions of Article 3 and Appendix 1 shall apply to a person who applied for registration as a person who rendered distinguished service to the State, person falling under Article 73-2 of the former Act, his or her bereaved family or family pursuant to the former provisions thereof at the time this Decree enters into force, notwithstanding the amended provisions of Article 3 and Appendix 1. |
Article 5 (Transitional measures concerning physical examinations)
Notwithstanding the amended provisions of Articles 14(1) and 19(1), and Appendix 3, the former provisions thereof shall apply to determining disability ratings for applicants for physical examination pursuant to the former provisions as at the time this Decree enters into force or on whom the Minister of Patriots and Veterans Affairs has determined to conduct physical examination ex officio.
Article 6 (Transitional measures concerning determination of disability ratings)
The former provisions of Appendix 3 shall apply to persons whose disability rating is decreased pursuant to the amended provisions thereof even though the level of disability is unchanged, who obtained a disability rating pursuant to the former provisions thereof at the time this Decree enters into force.
Article 7 (Transitional measures concerning applications for cost of living allowances)
Persons who receive cost of living allowances pursuant to the former provisions of Articles 25, 25-2 and 25-3 at the time this Decree enters into force shall be deemed determined to receive cost of living allowances by applying for the cost of living allowances pursuant to the amended provisions thereof.
Article 8 (Transitional measures concerning restrictions on number of times veterans are specially employed)
Notwithstanding the amended provision of Article 58(2), the former provision thereof shall apply to restrictions on the number of times a person registered as a person who rendered distinguished service to the State, person falling under Article 73-2 of the former Act (including where the person applied for registration before this Decree enters into force and obtains registration after this Decree enters into force), his or her bereaved family or family pursuant to the former provisions at the time this Decree enters into force is specially employed.
Article 9 (Transitional measures concerning payment of monetary compensation)
| (1) | Notwithstanding the amended provisions of Article 20 and Appendix 4, monetary compensation under subparagraph 3b of Appendix 4 shall be paid to any of the following persons’ bereaved families, who obtain registration (including where a person applied for registration before this Decree enters into force and obtains registration after this Decree enters into force, but excluding where a person is determined to have incurred a physical disability corresponding to a disability rating pursuant to Article 3 of the Addenda of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State partly amended by Act No. 11041) at the time this Decree enters into force: |
| 1. | Soldiers and police officers killed in action falling under Article 4(1)3b of the former Act or soldiers and police officers who died in the line of duty falling under subparagraph 5b of the aforesaid paragraph, and persons falling under Article 73-2 of the former Act; |
| 2. | Soldiers and police officers wounded in action, soldiers and police officers wounded in the line of duty, persons wounded in the April 19 Revolution, special contributors who suffered wounds, and persons falling under Article 73-2 of the former Act corresponding to Rating 6 of the disability ratings. In such cases, the foregoing shall apply only to persons who died of the relevant wounds. |
| (2) | Notwithstanding the amended provisions of Article 20 and Appendix 4, monetary compensation under subparagraph 3c of Appendix 4 shall be paid to bereaved families of any of the following persons, who obtain registration (including where a person applied for registration before this Decree enters into force and obtains registration after this Decree enters into force, but excluding where a person is determined to have incurred a physical disability corresponding to a disability rating pursuant to Article 3 of Addenda of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State partly amended by Act No. 11041) at the time this Decree enters into force: |
| 1. | Soldiers and police officers wounded in action, soldiers and police officers wounded in the line of duty, persons wounded in the April 19 Revolution, special contributors who suffered wounds and persons falling under Article 73-2 of the former Act, who correspond to Rating 6 of the disability ratings. In such cases, the foregoing shall apply only to persons who died from causes other than the relevant wounds; |
| 2. | Soldiers and police officers wounded in action, soldiers and police officers wounded in the line of duty, persons wounded in the April 19 Revolution, special contributors who suffered wounds and persons falling under Article 73-2 of the former Act, who correspond to Rating 7 of the disability ratings. In such cases, the foregoing shall apply only to persons who died of the relevant wounds. |
Article 10 (Transitional measures concerning payment of allowances)
| (1) | Notwithstanding the amended provisions of Article 23 and Appendix 4-2, allowances in accordance with the classification of payment specified in the following table shall be paid to persons who rendered distinguished service to the State, persons falling under Article 73-2 of the former Act, and their bereaved families or families, who registered (including where a person applied for registration before this Decree enters into force and obtains registration after this Decree enters into force, but excluding where a person is determined to have incurred a physical disability corresponding to a disability rating pursuant to Article 3 of Addenda of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State partly amended by Act No. 11041) at the time this Decree enters into force: <Amended on Jan. 14, 2013; Jan. 14, 2014; Jan. 12, 2015; Jan. 7, 2016; Dec. 30, 2016; Dec. 29, 2017, Dec. 31, 2018; Jan. 7, 2020; Jan. 5, 2021, Jan. 13, 2022; Jan. 13, 2023; Jan. 12, 2024> |
| Classification | Persons eligible for payment | Amount of monthly payments (1,000 won) | | 1. Old age allowance | a. Persons over 60 years of age, falling under Article 12(1) of the Act (excluding persons who rendered distinguished service to the April 19 Revolution) and volunteer student soldiers living in Japan falling under subparagraph 2 of the aforesaid paragraph; | 97
| | b. Bereaved spouses over 60 years of age, falling under Article 12(1)2, 3 and 4 of the Act (where a soldier or police officer wounded in action, soldier or police officer wounded in the line of duty, person wounded in the April 19 Revolution and special contributor who suffered wounds, who falls under Grade 7 of the disability ratings, died of such wounds, including one person with priority of a bereaved family; hereinafter in this Table the same shall apply); | 149 | | c. Bereaved parents or grand parents over 60 years of age, falling under Article 12(1)2, 3, and 4 of the Act. | 97 | | 2. No supporter allowance | a. Persons without a child at least 24 or but 60 years of age, who are over 60 years of age among persons falling under Article 12(1) of the Act (excluding persons who rendered distinguished service to the April 19 Revolution) and volunteer student soldiers living in Japan falling under subparagraph 2 of the aforesaid paragraph: |
| | 1) Grade 5; | 274 | | 2) Grade 6(1); | 274 | | 3) Grade 6(2) and 7; | 274 | | 4) Volunteer student soldiers living in Japan; | 274 | | b. Bereaved spouses, falling under Article 12(1)2, 3 and 4 of the Act: | | | 1) Persons without a child at least 24 or but 60 years of age, who are over 60 years of age; | 274 | | 2) Persons without a child at least 24 or but 60 years of age, who are women over 55 years of age or women with disabilities; | 274 | | c. Bereaved parents or grand parents, falling under Article 12(1)2, 3, and 4 of the Act: | | | 1) Persons without a lineal descendant at least 24 but less than 60 years of age, who are over 60 years of age; | 274 | | 2) Persons without a lineal descendant at least 24 but less than 60 years of age, who are widowed mothers not less than 55 or less than 60 years of age or widowed mothers with disabilities less than 55 years of age. | 274 | | 3. Allowance for support of parents with no supporter | Persons who support lineal ascendants (only applicable to persons without a lineal descendant at least 24 but less than 60 years of age) of persons who rendered distinguished service to the State, who are bereaved spouses falling under Article 12(1)2, 3 and 4 of the Act | 149 | | 4. Allowance for death of only son | Persons who become childless because their children were killed in action or died in the line of duty, who are bereaved parents falling under Article 12(1)2, 3 and 4 of the Act | 274 | | 5. Allowance for death of at least two persons | Where a bereaved family member falling under Article 12(1)2 through 4 of the Act is the spouse or parent of a person of distinguished service to the State and there are two or more of the following deceased persons, the relevant bereaved spouse or parent:
a. A deceased person falling under any of Article 12(1)2 or 3 of the Act;
b. A deceased person falling under the main clause of Article 20(1) and paragraph (2) of that Article of the previous Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (referring to the one before it was amended by Presidential Decree No. 23885);
c. A deceased person whose disability rating is determined Grade 6 or higher, among soldiers or police officers killed in a disaster under Article 11(1)2 of the Act on Support for Persons Eligible for Veterans' Compensation or soldiers or polices officer wounded in a disaster under subparagraph 3 of that paragraph. | 1) Where there are two deceased persons: 274;
2) Where there are three or more deceased persons: In addition to the amount specified in 1), an additional 274,000 won shall be paid for each deceased person in excess of two. | | 6. Wounded in action allowance | Soldiers and police officers wounded in action among persons falling under Article 12(1)1 of the Act | 23 | | 7. Child (younger brother and sister) support allowance | a. Bereaved spouses falling under Article 12(1)2, 3 and 4 of the Act: |
| | 1) Where he/she raises one child: | 50 | | 2) Where he/she raises two children; | 185 | | 3) Where he/she raises at least three, the amount of the allowance paid under sub-item 2) plus 185,000 won per child shall be paid for children added; | | | b. Bereaved children falling under Article 12(1) 2, 3 and 4 of the Act: | | | 1) Where there is one minor younger brother or sister: | 100 | | 2) Where there are two minor younger brothers or sisters: | 370 | | 3) Where there are at least three minor younger brothers or sisters, the amount of the allowance paid under sub-item 2) plus 370,000 won per brother or sister shall be paid for additional brothers or sisters. | | | 8. Special allowance for Grade 1 of disability ratings | Persons whose disability rating is Grade 1 among persons falling under Article 4(1)4, 6, 12 and 17 of the Act: |
| | a. Grade 1(1); | 2,020 | | b. Grade 1(2); | 1,397 | | c. Grade 1(3). | 851 | Remarks:
1. Where a person has grounds to be paid at least two allowances among allowances under subparagraphs 1 through 5, the Minister of Patriots and Veterans Affairs shall require him/her to select an allowance the monthly amount of which is the larger of the aforesaid allowances, and pay such allowance;
2. In cases of a person eligible for payment of allowances under subparagraphs 2 and 3, even where he/she has a child or lineal descendant not less than 24 or less than 60 years of age, who has a mental or physical disability falling under the classifications of disabilities of disabled persons specified in attached Table 2 or is a soldier on active service (including persons falling under a non-commissioned officer who did not apply for such position, person conscripted as full-time reservist, conscripted policeman, etc. under Articles 24 and 25 of the Military Service Act, and person conscripted as public service worker under Article 26(1)1 and 2 of the Military Service Act), who is in the compulsory military service, the person shall not be deemed to have a child or lineal descendant not less than 24 or less than 60 years of age. |
|
Article 11 (Transitional measures concerning suspending payment of monetary compensation)
| (1) | Notwithstanding the amended provisions of Appendix 6-2, subparagraph 2b of Appendix 6-2 shall apply to the amounts of monetary compensation the payment of which to bereaved families of any of the following persons, who registered (including where a person applied for registration before this Decree enters into force and obtains registration after this Decree enters into force, but excluding where the person is determined to have incurred a physical disability corresponding to a disability rating pursuant to Article 3 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State partly amended by Act No. 11041) at the this Decree enters into force, is suspended: |
| 1. | Soldiers and police officers killed in action falling under Article 4(1)3b of the former Act or soldiers and police officers who died in the line of duty falling under subparagraph 5b of the aforesaid paragraph, and persons falling under Article 73-2 of the former Act; |
| 2. | Soldiers and police officers wounded in action, soldiers and police officers wounded in the line of duty, persons wounded in the April 19 Revolution, special contributors who suffered wounds, and persons falling under Article 73-2 of the former Act corresponding to Rating 6 of the disability ratings. In such cases, the foregoing shall apply only to persons who died of the relevant wounds. |
| (2) | Notwithstanding the amended provisions of Appendix 6-2, subparagraph 2c of Appendix 6-2 shall apply to the amounts of monetary compensation the payment of which to bereaved families of any of the following persons, who obtain registration (including where a person applied for registration before this Decree enters into force and obtains registration after this Decree enters into force, but excluding where the person is determined to have incurred a physical disability corresponding to a disability rating pursuant to Article 3 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State partly amended by Act No. 11041) as at the this Decree enters into force, is suspended: |
| 1. | Persons falling under Article 73-2 of the former Act corresponding to Rating 6 of the disability ratings. In such cases, the foregoing shall apply only to persons who died from causes other than the relevant wounds; |
| 2. | Soldiers and police officers wounded in action, soldiers and police officers wounded in the line of duty, persons wounded in the April 19 Revolution, special contributors who suffered wounds, and persons falling under Article 73-2 of the former Act corresponding to Rating 7 of the disability ratings. In such cases, the foregoing shall apply only to persons who died of the relevant wounds. |
Article 12 (Transitional measures concerning compensation and assistance to soldiers, police officers being treated similarly to persons of distinguished service to the state)
Notwithstanding the amended provisions of Article 94-2, the former provisions thereof shall apply to determining, etc., veterans' benefits (excluding matters provided for in Articles 9 through 11 of the Addenda), educational assistance, employment assistance, medical assistance, loans to persons who obtained registration (including where a person applied for registration before this Decree enters into force and registered after this Decree enters into force), persons subject to suspension of compensation, etc., who fall under Article 73-2 of the former Act at the time this Decree enters into force.
Article 13 Omitted.
Article 14 (Relationship to other statutes and regulations)
Where any provisions of the former Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State are cited by other statutes and regulations at the time this Decree enters into force, in which case this Decree contains provisions corresponding thereto, the relevant provisions of this Decree shall be deemed cited in lieu of the former provisions.
ADDENDUM <Presidential Decree No. 24013, Jul. 31, 2012>
This Decree shall enter into force on the date of its promulgation, but the part concerning the adjustment of the amount of distinguished military service allowance shall apply from July 1, 2012.
ADDENDA <Presidential Decree No. 24309, Jan. 14, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This Decree shall begin to apply from the first monetary compensation, allowances, subsidies and educational subsidies paid after January 1, 2013; provided, among the amended provisions of Appendices 4, 4-2 and 6, the part concerning persons of distinguished service to the April 19 Revolution shall begin to apply from the first monetary compensation, allowances and lump sum death benefits paid after July 1, 2012.
ADDENDA <Presidential Decree No. 24412, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 24653, Jun. 28, 2013>
This Decree shall enter into force on July 1, 2013.
ADDENDA <Presidential Decree No. 24821, Oct. 30, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to stores in public facilities)
The amended provision of Article 88-3(2) shall also apply where persons who rendered distinguished service to the State, their bereaved families, etc. apply for permission to use or profit from administrative property to operate stores in public facilities under the jurisdiction of the State, local governments and institutions under Article 88-3(1) at the time this Decree enters into force.
Article 3 (Applicability to methods of granting permission to use or profit)
The amended provision of Article 88-3(3) shall begin to apply from the first contract (excluding where a contract is concluded according to a public announcement of bidding, but including where valid bidding has not been performed twice) after this Decree enters into.
ADDENDA <Presidential Decree No. 24890, Dec. 4, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on December 5, 2013. (Proviso omitted).
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso omitted).
ADDENDA <Presidential Decree No. 25095, Jan. 14, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This Decree shall apply beginning with monetary compensation and allowances paid after January 1, 2014.
ADDENDUM <Presidential Decree No. 25326, Apr. 28, 2014>
This Decree shall enter into force on April 29, 2014.
ADDENDA <Presidential Decree No. 25435, Jun. 30, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25448, Jul. 7, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on July 8, 2014.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25720, Nov. 11, 2014>
This Decree shall enter into force on the date of its promulgation; provided, the amended provision of Article 29(3) shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26050, Jan. 12, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This Decree shall apply beginning with monetary compensation and allowances paid after January 1, 2015; provided, lump sum death benefits shall begin to apply from a person who dies after January 1, 2015.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on January 25, 2016. (Proviso omitted).
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 26689, Nov. 30, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to persons eligible for additional points to employment examination)
The amended provision of subparagraph 1b of Appendix 8 shall begin to apply from persons eligible for employment assistance who apply for an employment examination that begins procedures for employment, such as a public announcement, after this Decree enters into force.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 26873, Jan. 7, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This Decree shall begin to apply to the monetary compensation, allowances and educational subsidies paid after January 1, 2016.
ADDENDA <Presidential Decree No. 27249, Jun. 21, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on June 23, 2016; provided, the amended provisions of Appendix 5-5 shall enter into force on July 1, 2016.
Article 2 (Applicability to disabilities eligible for and timing of physical examination for re-determination ex officio)
The amended provisions of Appendix 3-2 shall apply beginning with the first person who obtains a disability rating under Article 6-4 of the Act after undergoing a new physical examination or physical examination for re-examination under Article 6-3(2)1 or 2 of the Act after this Decree enters into force.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 27644, Nov. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on November 30, 2016.
Article 2 (Transitional measures concerning age eligible for employment assistance based on special employment of veterans)
Where a person falling under Article 29(1)4 or 5 of the Act submitted an application for employment pursuant to subparagraph 2 of Article 49-2 before he or she attains the age of 35 years before this Decree enters into force, the former provisions of the proviso of Article 56(1) shall apply to the age eligible for employment assistance, notwithstanding the amended provision thereof.
Article 3 (Transitional measures concerning standards for payment of monetary rewards)
Notwithstanding the amended provision of Article 101-3, the former provision thereof shall apply to standards for payment of monetary rewards for any reports received before this Decree enters into force.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2017. (Proviso omitted).
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27753, Dec. 30, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This Decree shall begin to apply the monetary compensation and allowances paid after January 1, 2017.
ADDENDA <Presidential Decree No. 28214, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28438, Nov. 14, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to modification of disability ratings standards)
The amended provisions of subparagraph 3 of Appendix 3 shall apply, beginning with a person who undergoes a physical examination under Article 6-3 of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 28475, Dec. 19, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on December 21, 2017.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 28566, Dec. 29, 2017>
This Decree shall enter into force on January 1, 2018.
ADDENDA <Presidential Decree No. 28725, Mar. 27, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning payment of lump-sum death benefits)
Where a person of distinguished service to the April 19 Revolution, who received monetary compensation pursuant to Article 12(1)1 of the previous Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (referring to the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State before being partially amended by Act No. 15363), dies before January 31, 2018, lump-sum death benefits shall be paid to his or her bereaved family in accordance with the previous provisions, notwithstanding the amended provisions of subparagraph 2 of Appendix 6.
ADDENDA <Presidential Decree No. 28851, Apr. 30, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on May 1, 2018.
Article 2 (Applicability to interest rates on loans when extending period of repayment due to difficulty in making living or disease)
The amended provisions of subparagraph 4 of Article 68 shall apply, beginning with the extension of the maturity date of a loan after this Decree enters into force.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDA <Presidential Decree No. 29181, Sep. 18, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 25 Omitted.
ADDENDA <Presidential Decree No. 29296, Nov. 20, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of subparagraph 2c of Appendix 11 shall enter into force on December 13, 2018.
Article 2 (Applicability to physical examination for re-determination)
The amended provisions of Article 17(2) shall apply, beginning with a person who undergoes a physical examination for re-determination under Article 6-3(2)4 of the Act after this Decree enters into force.
Article 3 (Applicability to payment of difference between old age allowance and family allowance)
The amended provisions of Article 23(3) shall apply, beginning with a family allowance paid after November 1, 2018.
ADDENDUM <Presidential Decree No. 29464, Dec. 31, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDA <Presidential Decree No. 29783, May 21, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2019.
Article 2 (Special cases concerning regular guidance and publicity of cost of living allowances)
Notwithstanding the amended provisions of Article 25-6(2), in 2019, the Minister of Patriots and Veterans Affairs shall publish requirements for entitlement to the cost of living allowance, methods of applying for the payment thereof, and other relevant matters in the periodical published by the Ministry of Patriots and Veterans Affairs in July 2019 and sent the periodicals to persons under the amended provisions of the subparagraphs of Article 25-6(1).
ADDENDA <Presidential Decree No. 30264, Dec. 24, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2020.
Article 2 (Applicability to payment of divided allowances)
Where the parents of a person of distinguished service to the State who are paid the monetary compensation divided equally under Article 13(2)3 of the Act are those entitled to payment of each allowance specified in Article 10(1) of the Addenda to the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (Presidential Decree no. 23885), the relevant allowance shall be divided equally and paid separately in the application of the proviso of Article 23(2).
ADDENDA <Presidential Decree No. 30343, Jan. 7, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 17(2), the latter part of 19(1), Appendix 3, Appendix 3-2, and subparagraph 1b of Appendix 5-2 shall enter into force on February 1, 2020.
Article 2 (Transitional measures concerning determination of disability ratings)
The amended provisions of Article 17(2) and the latter part of Article 19(1) shall apply, beginning with persons subject to deliberation and resolution by the Patriots and Veterans Entitlement Commission on determination of disability ratings on and after the enforcement date prescribed in the proviso of Article 1 of these Addenda.
Article 3 (Applicability to payment of monetary compensations and allowances)
The amended provisions of Article 26-3(2), Article 27-4, Appendix 4, Appendix 5, "monthly payment" in the column of subparagraph 1 of Appendix 5-2 and "monthly payment" in the column of subparagraph 2 of that Appendix, Appendix 5-4, Appendix 5-5, Appendix 6-2, and Article 10(1) and (2) of the Addenda to the Enforcement Decree of the Act on Honorable Treatment of and Support for Persons of Distinguished Service to the State (Presidential Decree No. 23885) shall apply beginning with monetary compensations and allowances paid on and after January 1, 2020.
Article 4 (Applicability to change in criteria for disability ratings)
The amended provisions of Appendix 3 shall apply beginning with persons who receive physical examinations performed under Article 6-3 of the Act on and after the enforcement date prescribed in the proviso of Article 1 of the Addenda.
Article 5 (Special cases concerning reviewing documents according to change in criteria for disability ratings)
In cases of a person whose disability rating has not been determined although relevant documents were reviewed under the latter part of Article 6-3(1) of the Act after he or she had died before the enforcement date prescribed in the proviso of Article 1 of these Addenda, a disability rating specified in the amended provisions of Appendix 3 may be determined only once by means of reviewing relevant documents upon the application of his or her bereaved family member.
Article 6 (Transitional measures concerning wounds requiring physical examination ex officio for re-determination and time to perform such examination)
Notwithstanding the amended provisions of Appendix 3-2, the previous provisions shall apply with regard to wounds requiring physical examinations ex officio for re-determination and time to perform such examination for a person who had received a disability rating classified under Article 6-4 of the Act in a physical examination performed under Article 6-3(2)1 through 3 of the Act before the enforcement date prescribed in the proviso of Article 1 of these Addenda.
Article 7 (Transitional measures concerning criteria for payment of nursing allowances)
A person to whom a disability rating of nos. 4104 through 4106 of Rating 1(2) was assigned under the previous provisions before the enforcement date prescribed in the proviso of Article 1 of these Addenda, shall be deemed a person to whom a disability rating of no. 4116 of Rating 1(2) is assigned under the amended provisions of Appendix 3, and the amended provisions of subparagraph 1b of Appendix 5-2 shall apply to such person.
ADDENDA <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30640, Apr. 28, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on 5/1/2020.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on 6/11/2020.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 30779, Jun. 9, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30807, Jun. 30, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement date)
| (1) | (Enforcement date) This Decree shall enter into force on August 5, 2020. (Proviso omitted.) |
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 30902, Aug. 4, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to interest rates on loans)
| (1) | The amended provisions of the main clause and proviso, with the exception of its subparagraphs, of Article 68 shall apply beginning with loans made under Article 46 of the Act on and after the date the Minister of Patriots and Veterans Affairs publicly notifies interest rates on loans as prescribed in those amended provisions. |
| (2) | The Minister of Patriots and Veterans Affairs shall determine and publicly notify interest rates on loans to be made in 2020 within one month on and after the date this Decree enters into force, and such interest rates shall apply in accordance with paragraph (1). |
Article 3 (Transitional measures concerning interest rates on loans)
Where a loan is made under Article 46 of the Act before public notice is given under Article 2(2) of these Addenda, the previous provisions shall apply to the interest rate of such loan.
ADDENDA <Presidential Decree No. 31214, Dec. 1, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to determination of disability ratings upon paper screening)
The amended provisions of subparagraphs 4 and 6 of Article 13 shall begin to apply to a person who undergoes a physical examination after this Decree enters into force.
Article 3 (Applicability to persons eligible for additional points in employment examination)
The amended provisions of subparagraph 1a1) of Appendix 8 shall begin to apply to a person eligible for employment assistance who applies for an employment examination publicly announced after this Decree enters into force.
Article 4 (Applicability to special employment)
The amended provisions of subparagraph 2 of Appendix 8-2 shall begin to apply to a case where the head of a State agency, etc., which fails to meet the employment ratio requirement under Article 51(1), requests the Minister of Patriots and Veterans Affairs to recommend persons eligible for employment assistance for special employment after this Decree enters into force.
ADDENDA <Presidential Decree No. 31369, Jan. 5, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to payment of severe disability supplemental allowances)
The amended provisions of Articles 26-3(2) and 27-4, Appendix 4, subparagraph 3 of Appendix 4-2, Appendix 5, Appendix 5-2, Appendix 5-4, Appendix 5-5, Appendix 6-2 and the amended provisions of Article 10 of the Addenda to the partially amended Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (Presidential Decree no. 23885) shall apply to severe disability supplemental allowances, allowances for distinguished service to the April 19 Revolution, compensation, war wound allowances, cost of living allowances, nursing allowances, allowances for military merit honor, and allowances for children of soldiers and police officers killed in the Korean War paid on or after January 1, 2021.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32082, Oct. 19, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on October 21, 2021; provided, the amended provisions of Articles 88-2, 88-5, 94-12 through 94-14, and Article 2 of the Addenda shall enter into force on December 9, 2021.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 32335, Jan. 13, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to procedures for deliberation by the patriots and veterans entitlement commission and modification of requirements for registration)
| (1) | The amended provisions of Article 8(3)4 and 5 shall also apply where the procedures for deliberation by the Patriots and Veterans Entitlement Commission are in progress as at the time this Decree enters into force. |
| (2) | The amended provisions of Appendix 1 shall also apply where the procedures for deliberation by the Patriots and Veterans Entitlement Commission are in progress as at the time this Decree enters into force. |
Article 3 (Applicability to payment of severe disability supplemental allowances)
The amended provisions of Articles 26-3(2) and 27-4, Appendices 4, 5-2, 5-4, 5-5, and 6-2, and subparagraph 8 of Appendix under Article 10(1) of the Addenda of the partially amended Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (Presidential Decree no. 23885) and paragraph (2) of that Article shall begin to apply to the severe disability supplemental allowances, allowances for contribution to the April 19 Revolution, monetary compensation, nursing allowances, allowances for military merit honor, allowances for the children of soldiers and police officials killed in the Korean War, and special allowances for a disability rating 1, the payment of which is made on or after January 1, 2022.
ADDENDUM <Presidential Decree No. 32387, Feb. 3, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32641, May 9, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 64-2(1) and (3), and 102(1)33 and (4) shall enter into force on October 1, 2022.
Article 2 (Applicability to expansion of persons eligible for payment of costs of prescription drugs)
The amended provisions of Article 64-2(1)2b and (3) shall begin to apply where prescription drugs are purchased at a pharmacy on or after the enforcement date referred to in the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 33190, Dec. 30, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2023.
Article 2 (Special cases concerning payment of allowance for children of soldiers and police officials killed in Korean War)
The amended provisions of subparagraph 4 of Appendix 5-5 shall begin to apply to allowances for the children of soldiers and police officials killed in the Korean War paid on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 33227, Jan. 13, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to payment of severe disability supplemental allowances)
The amended provisions of Articles 26-3(2) and 27-4, Appendices 4, 5-2, 5-4, 5-5, and 6-2, and subparagraph 8 of Appendix in Article 10(1) of the Addenda of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (Presidential Decree no. 23885) and paragraph (2) of that Article shall begin to apply to severe disability supplemental allowances, allowances for contribution to the April 19 Revolution, monetary compensation, nursing allowances, allowances for military merit honor, allowances for the children of soldiers and police officials killed in the Korean War, and special allowances for disability rating 1 paid after January 1, 2023.
ADDENDA <Presidential Decree No. 33481, May 23, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on June 5, 2023.
Article 2 (Transitional measures concerning certificate of distinguished service to the State)
A certificate of distinguished service to the State or certificate of bereaved family member of a person of distinguished service to the State (including a certificate of distinguished service to independence or certificate of bereaved family member of a person of distinguished service to independence issued by applying the previous Article 101(1), pursuant to Article 42 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence) issued pursuant to the previous Article 101(1) as at the time this Decree enters into force may be used until June 4, 2028.
Article 3 Omitted.
Article 4 (Relationship to other statutes or regulations)
Where, as at the time this Decree enters into force, any citation in any other statute or regulation (including statutes or regulations which are promulgated before the Enforcement of this Act but have not yet entered into force) of "certificate of distinguished service to the State", "certificate of bereaved family member of a person of distinguished service to the State", "certificate of distinguished service to independence", or "certificate of bereaved family member of a person of distinguished service to independence" is made, it shall be deemed to be a citation of a patriots and veterans registration card under this Decree.
ADDENDA <Presidential Decree No. 33536, Jun. 13, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on June 17, 2023.
Article 2 (Applicability to determination of disability ratings upon paper screening)
The amended provisions of Article 13(1)6b shall also apply to a person who applied for registration pursuant to Article 6(1) of the Act or applied for a physical examination pursuant to Article 6-3(2)2 through 4 of the Act before this Decree enters into force but has not undergone a physical examination as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 33747, Sep. 26, 2023>
This Decree shall enter into force on October 1, 2023.
ADDENDA <Presidential Decree No. 34129, Jan. 12, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to payment of nursing allowances)
The amended provisions of Articles 26(2), 26-3(2), 26-3(2), 27, and 27-4 and Appendices 4, 5, 5, 5-2, 5-4, 5-5, and 6-2 shall begin to apply to nursing allowances, severe disability supplemental allowances, special allowances for disability rating 1, allowances for contribution to the April 19 Revolution, monetary compensation, cost of living allowances, allowances for military merit honor, and allowances for the children of soldiers and police officials killed in the Korean War, which are to be paid after January 1, 2024.
ADDENDUM <Presidential Decree No. 34798, Aug. 6, 2024>
This Decree shall enter into force on August 14, 2024.
ADDENDA <Presidential Decree No. 34996, Nov. 12, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2025.
Article 2 (Applicability to notification of persons eligible for employment assistance for special employment of veterans)
The amended provisions of Article 55(2) shall also apply where multiple persons eligible for employment assistance are recommended before this Decree enters into force.
ADDENDA <Presidential Decree No. 35202, Jan. 14, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to payment of nursing allowances)
The amended provisions of Articles 26(2), 26-3(2), 26-3(2), 27, and 27-4 and Appendices 4, 5-2, 5-4, 5-5, and 6-2 shall begin to apply to nursing allowances, severe disability supplemental allowances, special allowances for disability rating 1, allowances for contribution to the April 19 Revolution, monetary compensation, allowances for military merit honor, and allowances for the children of soldiers and police officials killed in the Korean War, which are to be paid after January 1, 2025.
ADDENDUM <Presidential Decree No. 35413, Apr. 1, 2025>
This Decree shall enter into force on April 22, 2025.
