The purpose of this Act is to prescribe matters regarding compensation to persons of distinguished service who, as members of irregular forces, performed important and special missions or made extraordinary sacrifices for the State in enemy territories before and during the Korean War and to their bereaved family members, based on public consensus.
The terms used in this Act are defined as follows:
| 1. | The term “member of irregular forces" means any person who engaged in irregular warfare for the period from August 15, 1948 to July 27, 1953, not as a member of the Republic of Korea Armed Forces under the Act on the Organization of the Republic of Korea Armed Forces but as a member of the following organizations or military units: |
| (a) | The Korea Liaison Office of the United States Far East Command; |
| (b) | The 8240th Army Unit of the United States Armed Forces (persons transferred to the 8250th Army Unit of the Republic of Korea Armed Forces); |
| (c) | Other organizations or military units prescribed by Presidential Decree; |
| 2. | The term "irregular warfare" means any guerrilla operation conducted by infiltrating territories which were occupied or controlled by the enemy or in which the enemy performed activities (hereinafter referred to as “enemy territories”), such as killing or injuring the military forces of the enemy, destroying key facilities, and inducing firepower, or any activity to collect intelligence; |
| 3. | The term "person of distinguished service" means any person who, as a member of irregular forces, performed special and important missions or made extraordinary sacrifices and is recognized as a person who provided distinguished service by the Deliberation Commission on Compensation to Persons of Distinguished Service as Irregular Forces established under Article 4 (1) based on public consensus on the need to compensate such person; |
| 4. | The term "bereaved family member" means the spouse or a lineal ascendant or descendant of, a person of distinguished service. |
| Article 3 (Exclusion from Application) |
This Act shall not apply to a person in whose case his or her imprisonment without labor or heavier punishment declared by a court for committing any of the following crimes becomes final: Provided, That where three years have elapsed since such sentence was completely executed or the non-execution of the sentence became final, this Act may apply to such person only when the person is deemed to show sincere repentance upon determination by the Deliberation Commission on Compensation to Persons of Distinguished Service as Irregular Forces established under Article 4 (1): | 1. | A crime prescribed in Chapter I or II of Part II of the Criminal Act; |
| 3. | A crime prescribed in Article 29, 32, or 33 of the National Defense Security Act (referring to the Act enacted by the military administration with an unknown Act number on July 5, 1948 and repealed by Act No. 1004 on January 20, 1962); |
| Article 4 (Deliberation Commission on Compensation to Persons of Distinguished Service as Irregular Forces) |
| (1) | A Deliberation Commission on Compensation to Persons of Distinguished Service as Irregular Forces (hereinafter referred to as the “Commission”) shall be established under the Minister of National Defense to examine and decide on the following matters regarding compensation, etc. to persons of distinguished service or their bereaved family members: |
| 1. | Matters as to whether the relevant person qualifies as a person of distinguished service or his or her bereaved family member; |
| 2. | Matters regarding determination of persons subject to the application of this Act under the proviso, with the exception of the subparagraphs, of Article 3; |
| 3. | Matters regarding the payment of a reward for distinguished service under Article 5 to a person of distinguished service or his or her bereaved family member; |
| 4. | Financial support for an organization composed of persons of distinguished service, their bereaved family members, etc. under Article 18; |
| 5. | Other matters prescribed by Presidential Decree with regard to compensation, etc. |
| (2) | The Commission shall be composed of up to nine members, including one chairperson. |
| (3) | Members of the Commission shall be commissioned or appointed by the Minister of National Defense from among those with extensive knowledge of and experience in related fields and relevant public officials, as prescribed by Presidential Decree; and the chairperson shall be appointed by the Minister of National Defense from among the members of the Commission. |
| (4) | Other matters necessary for the composition and operation of the Commission shall be prescribed by Presidential Decree. |
| Article 5 (Rewards for Distinguished Service) |
| (1) | A person of distinguished service shall be paid a reward for distinguished service. |
| (2) | Criteria for paying a reward for distinguished service under paragraph (1), the amount to be paid, methods of paying such reward, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 6 (Rights of Bereaved Family Members) |
A bereaved family member has the right to receive a reward for distinguished service under this Act in accordance with the priority of inheritance under the Civil Act as at the time the Commission determines the payment of such reward.
| Article 7 (Applications for Payment of Rewards for Distinguished Service) |
| (1) | A person who intends to receive a reward for distinguished service as a person of distinguished service or his or her bereaved family member (hereinafter referred to as "applicant") shall apply for the payment of such reward in writing to the Commission, along with related evidential documents, as prescribed by Presidential Decree. |
| (2) | An application for the payment of a reward for distinguished service under paragraph (1) shall be filed within two years after this Act enters into force. |
| Article 8 (Determinations of Payment) |
| (1) | The Commission shall determine whether to pay a reward for distinguished service and its amount within one year from the date the Commission receives an application for the payment of the reward: Provided, That the same shall not apply where there exists any reasonable ground for being unable to make a determination within such period due to a delay in fact-findings, etc. |
| (2) | The Commission may dismiss an application for the payment of a reward for distinguished service without any separate examination and decision in any of the following cases: |
| 1. | Where another application for payment that contains the same details is filed without any new argument or evidence, although the Commission has already made a determination; |
| 2. | Where a person files an application for payment, claiming that a person who did not belong to an organization or a military unit specified in the items of subparagraph 1 of Article 2 is a person of distinguished service; |
| 3. | Where it is impossible to conduct fact-findings as an applicant dies or his or her whereabouts are unknown after the relevant application for payment is filed. |
| Article 9 (Service of Written Determinations) |
| (1) | Upon determining to pay or not to pay a reward for distinguished service, the Commission shall serve an authentic copy of a written determination on the relevant applicant within one month from such determination. |
| (2) | The provisions of the Civil Procedure Act governing service shall apply mutatis mutandis to service under paragraph (1). |
| Article 10 (Re-Deliberation) |
| (1) | An applicant who has an objection to a determination by the Commission made under Article 8 may file an application for re-deliberation with the Commission, along with evidential materials substantiating grounds for re-deliberation, within one month from the date the written determination is served pursuant to Article 9. |
| (2) | Articles 8 and 9 shall apply mutatis mutandis to re-deliberation under paragraph (1), respectively. In such cases, "one year" in Article 8 (1) shall be construed as "three months". |
| Article 11 (Payment of Rewards for Distinguished Service) |
| (1) | Upon receipt of an authentic copy of a written determination to pay a reward for distinguished service, an applicant shall file an application for the payment of such reward with the Commission, along with his or her written consent to the determination. |
| (2) | Matters necessary for application, procedures, etc. for the payment of a reward for distinguished service under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 12 (Protection of Rights to Rewards for Distinguished Service) |
The right to receive a reward for distinguished service shall not be transferred, provided as security, or attached.
| Article 13 (Principle of Determination Prior to Lawsuit) |
| (1) | A lawsuit seeking the payment of a reward for distinguished service may be filed only after the Commission makes a determination thereon: Provided, That the same shall not apply where one year elapses from the date the Commission receives an application for the payment of a reward for distinguished service, although the Commission has no reasonable ground under the proviso of Article 8 (1). |
| (2) | A lawsuit under paragraph (1) shall be filed within 60 days from the date an authentic copy of a written determination (including an authentic copy of a written determination of re-deliberation) is served. |
| Article 14 (Effect of Consent to Determination of Payment) |
Where an applicant consents to a determination of the payment of a reward for distinguished service under this Act, a judicial compromise shall be deemed reached under the Civil Procedure Act with regard to the right to receive such reward and its amount.
| Article 15 (Recovery of Reward for Distinguished Service) |
| (1) | Where a person who receives a reward for distinguished service under this Act falls under any of the following cases, the State shall recover all or part of such reward: |
| 1. | Where he or she receives the reward by fraud or other improper means; |
| 2. | Where he or she receives the reward erroneously paid. |
| (2) | Where a person obligated to return a reward for distinguished service under paragraph (1) fails to do so within a prescribed period, such reward may be collected in the same manner as national taxes are compulsorily collected. |
| Article 16 (Fact-Findings) |
| (1) | In order to examine whether to pay a reward for distinguished service, the Commission may hear a testimony or statement from a person of distinguished service, witness, or person for reference or may conduct a verification or an investigation if deemed necessary; and may request the heads of relevant institutions to provide necessary cooperation. In such cases, the heads of relevant institutions shall comply with such request unless there is a compelling reason not to do so. |
| (2) | Any person may submit materials or freely give a testimony to the Commission on conducting irregular warfare in relation to the payment of a reward for distinguished service and shall not be subject to any disadvantage on grounds thereof. |
| Article 17 (Extinctive Prescription) |
Where the right to receive a reward for distinguished service is not exercised within three years from the date an authentic copy of a written determination is served on an applicant, such right shall be extinguished by prescription.
| Article 18 (Financial Support for Related Organizations) |
The State may provide a subsidy within the budget to an organization composed of persons of distinguished service, their bereaved family members, etc. to help it cover necessary business expenses following deliberation by the Commission.
| Article 19 (Prohibition of Dual Compensation) |
| 1. | Where a person of distinguished service or his or her bereaved family member receives compensation for the same reason under other statutes; |
| 2. | Where compensation is to be provided under other statutes; |
| 3. | Where monetary or non-monetary compensation has already been provided by State agencies, etc. for the same purpose (including where compensation has been offered by foreign forces or United Nations forces; hereinafter the same shall apply). |
| (2) | Notwithstanding paragraph (1), a reward for distinguished service may be paid upon determination by the Commission in view of the level of compensation provided under other statutes or by State agencies, etc. In such cases, the Commission may properly reduce the amount of a reward for distinguished service to pay it. |
| Article 20 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| Article 21 (Penalty Provisions) |
| (1) | A person who receives or allows other persons to receive a reward for distinguished service by fraud or other improper means shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won. |
| (2) | A person who attempts to commit an offense prescribed in paragraph (1) shall be punished. |
ADDENDA <Act No. 17993, Apr. 13, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Applications for Payment of Rewards for Distinguished Service)
Where any case is pending in a court with regard to the performance of missions related to irregular warfare under this Act as at the time this Act enters into force, an application for the payment of a reward for distinguished service shall be deemed filed under Article 7 on the enforcement date of this Act.