The purpose of this Decree is to prescribe matters mandated by the Act on Compensation to Persons of Distinguished Service Who Conducted Operations as Irregular Forces in Enemy Territories before and during the Korean War and those necessary for enforcing said Act.
| Article 2 (Scope of Irregular Forces) |
"Organizations or military units prescribed by Presidential Decree" in subparagraph 1 (c) of Article 2 of the Act on Compensation to Persons of Distinguished Service Who Conducted Operations as Irregular Forces in Enemy Territories before and during the Korean War (hereinafter referred to the “Act”) means the following organizations or military units: | 1. | The 6004th Air Intelligence Service Squadron; |
| 2. | Joint Advisory Commission, Korea; |
| 3. | Other organizations or military units to which members of irregular forces were deemed to have belonged, as recognized by the Deliberation Commission on Compensation to Persons of Distinguished Service as Irregular Forces established under the provision, with the exception of the subparagraphs, of Article 4 (1) of the Act. |
| Article 3 (Matters to Be Examined and Decided on by the Deliberation Commission on Compensation to Persons of Distinguished Service as Irregular Forces) |
| 1. | Matters regarding recognition under subparagraph 3 of Article 2; |
| 2. | Matters referred by the chairperson (hereinafter referred to as the “chairperson”) of the Deliberation Commission on Compensation to Persons of Distinguished Service as Irregular Forces established under the provision, with the exception of the subparagraphs, of Article 4 (1) of the Act (hereinafter referred to as the “Commission”), as deemed necessary. |
| Article 4 (Composition and Operation of the Commission) |
| (1) | A member of the Commission shall be commissioned or appointed by the Minister of National Defense from among the following persons: |
| 1. | A public official of the Ministry of National Defense or the Ministry of Patriots and Veterans Affairs who is recommended by the head of the relevant agency; |
| 2. | A person who has served as a judge, prosecutor, judge advocate, or attorney-at-law for at least 10 years; |
| 3. | Other persons with extensive knowledge of and experience in fields related to matters to be examined by the Commission. |
| (2) | Each member shall hold office for a term of two years and may be reappointed only for one consecutive term. |
| (3) | The chairperson shall represent the Commission and exercise general supervision and control over its affairs. |
| (4) | Where the chairperson is unable to perform his or her duties due to any unavoidable reason, a member predesignated by the chairperson shall act on his or her behalf. |
| (5) | A majority of the members of the Commission shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (6) | The Commission shall have one executive secretary, who shall be appointed by the chairperson from among public officials of Grade IV or higher or field officers of the Ministry of National Defense. |
| (7) | The executive secretary shall perform the affairs of the Commission and may attend its meetings to state his or her opinion. |
| Article 5 (Exclusion of, Challenge to, or Recusal of, Members) |
| (1) | A member of the Commission shall be excluded from examinations and decisions on the relevant agenda item 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 right holder with a party to such agenda item; |
| 2. | Where the member is or was a relative of a party to the relevant agenda item; |
| 3. | Where the member is a witness or person for reference prescribed in the former part of Article 16 (1) of the Act with respect to the relevant agenda item; |
| 4. | Where the member or a corporation, an organization, etc. to which the member belongs is or was the agent of a party to the relevant agenda item. |
| (2) | Where any circumstance indicates that it would be impracticable to expect fair examinations and decisions of a member, a person who applies for the payment of a reward for distinguished service under Article 7 of the Act may file a request for a challenge to the member with the Commission, which shall determine whether to accept such request by resolution. In such cases, the member against whom the request is filed shall not participate in the resolution. |
| (3) | Where a member is subject to exclusion for a reason specified in the subparagraphs of paragraph (1), he or she shall notify the Commission of such fact and shall recuse himself or herself from examinations and decisions on the relevant agenda item. |
| Article 6 (Dismissal or Decommissioning of Members) |
The Minister of National Defense may dismiss or decommission a member in any of the following cases:
| 1. | Where the member becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where the member commits any misconduct in relation to his or her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where the member fails to recuse himself or herself even though he or she falls under any subparagraph of Article 5 (1); |
| 5. | Where the member voluntarily indicates that it is impracticable to perform his or her duties. |
| Article 7 (Administrative Assistance for Commission) |
| (1) | The Minister of National Defense may provide administrative assistance necessary to efficiently operate the Commission. |
| (2) | The Minister of National Defense may request the heads of the relevant central administrative agencies to dispatch public officials under their control to provide administrative assistance under paragraph (1). |
| (1) | Allowances may be paid and travel expenses may be reimbursed to members who attend meetings of the Commission, within the budget: Provided, That the same shall not apply where a member who is a public official attends its meetings in direct connection with his or her duties. |
| (2) | Travel expenses and actual expenses may be reimbursed to a witness or person for reference who attends meetings of the Commission under the former part of Article 16 (1) of the Act, within the budget. |
| Article 9 (Criteria for Paying Rewards for Distinguished Service and Their Amounts) |
| (1) | A reward for distinguished service under Article 5 (1) of the Act (hereinafter referred to as "reward for distinguished service") shall be equally paid regardless of the period of performing missions, types of missions, etc. |
| (2) | A reward for distinguished service shall be an amount determined by the Commission, not exceeding 10 million won. |
| Article 10 (Applications for Payment of Rewards for Distinguished Service) |
| (1) | A person who intends to receive a reward for distinguished service under Article 7 (1) of the Act (hereinafter referred to as "applicant") shall submit to the Commission an application for the payment of a reward for distinguished service in attached Form 1, along with the following documents: |
| 1. | The following documents, where a person of distinguished service files an application: |
| (a) | A statement on activities as irregular forces in attached Form 2; |
| (b) | A letter of delegation to apply for a reward for distinguished service in attached Form 3 (limited to where an application is filed upon appointment of an agent pursuant to paragraph (2)); |
| (c) | Other evidential materials substantiating grounds for application; |
| 2. | The following documents, where a bereaved family member files an application: |
| (a) | A document specified in the items of subparagraph 1; |
| (b) | A certificate specifying records regarding the family relations of a person of distinguished service or a certified copy of archived family register; |
| (c) | A statement on selection of the representative of bereaved family members in attached Form 4 (limited to where the representative of bereaved family members is selected pursuant to the main clause of paragraph (4)) or a letter of the signatures of multiple applicants in attached Form 5 (limited to where the representative of bereaved family members is not selected pursuant to the proviso of paragraph (4)). |
| (2) | Where a person who intends to apply for the payment of a reward for distinguished service under paragraph (1) is unable to apply for or receive such reward in person due to emigration, hospitalization, or any unavoidable reason, he or she may appoint an agent to apply for or receive the reward. |
| (3) | A person who intends to appoint an agent pursuant to paragraph (2) shall submit to the Commission a letter of delegation to apply for or receive a reward for distinguished service in attached Form 3, which is verified by any of the following persons: |
| 1. | In the case of a person who stays abroad due to emigration, etc., the head of an overseas diplomatic mission; |
| 2. | In the case of a person who is hospitalized, the head of the relevant medical institution; |
| 3. | In the case of a person who is committed to a correctional institution, etc., the head of the relevant custodial facility; |
| 4. | In other cases, the head of an Eup/Myeon/Dong. |
| (4) | Where a bereaved family member applies for or receives a reward for distinguished service, his or her representative shall be selected as prescribed in the statement on selection of the representative of bereaved family members in attached Form 4 if there exist at least two property inheritors in the same order of priority: Provided, That where it is impossible to reach an agreement between property inheritors in the same order of priority, a representative need not be selected. |
| (5) | Upon receipt of an application for the payment of a reward for distinguished service under paragraph (1), the Commission shall require the relevant applicant to supplement the application, if a document specified in the subparagraphs of the same paragraph is not attached. |
| (6) | Upon receipt of an application for the payment of a reward for distinguished service under paragraph (1), the Commission shall verify a certified extract of the resident registration card of the relevant applicant through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That the Commission shall require the applicant to attach a certified extract of his or her resident registration card where the applicant gives no consent to such verification. |
| Article 11 (Determinations of Payment) |
Where the Commission determines to pay a reward for distinguished service pursuant to Article 8 (1) of the Act, it shall prepare a written determination of the payment of a reward for distinguished service in attached Form 6; and all members of the Commission who attend its meetings shall sign or affix their names and seals on such written determination.
| Article 12 (Service of Written Determinations) |
Where the Commission determines to pay or not to pay a reward for distinguished service pursuant to Article 9 (1) of the Act, it shall retain the original copy of a written determination of the payment of a reward for distinguished service and shall serve the relevant applicant with a notice of determination of the payment of a reward for distinguished service in attached Form 7 or a notice of determination of the payment of a reward for distinguished service in attached Form 8 (for dismissal), along with two authentic copies of the written determination of the payment of a reward for distinguished service: Provided, That where an applicant has an agent, such notice shall be served on the agent, and the applicant shall be served with one certified copy of the written determination of the payment of a reward for distinguished service.
| Article 13 (Applications for Re-Deliberation) |
A person who intends to apply for re-deliberation under Article 10 (1) of the Act shall submit an application for re-deliberation in attached Form 9 to the Commission, along with evidential materials substantiating grounds for re-deliberation.
| Article 14 (Requests for Payment) |
Where an applicant who is served with a notice of determination of the payment of a reward for distinguished service under Article 12 intends to apply for such payment under Article 11 of the Act, he or she shall submit a written request for payment in attached Form 10 to the Commission, along with the following documents: | 1. | An authentic copy of the written determination of the payment of a reward for distinguished service; |
| 2. | A certificate of the applicant’s seal imprint (such certificate may be substituted with a certificate of personal signature or an electronic certificate of personal signature under subparagraph 3 or 4 of Article 2 of the Act on Confirmation of Personal Signature (hereinafter referred to as “certificate of personal signature, etc.”)); |
| 3. | A letter of delegation to receive a reward for distinguished service in attached Form 3 and a certificate of the seal imprint of the applicant's agent (such certificate may be substituted with a certificate of personal signature, etc.), where the agent intends to receive such reward; |
| 4. | A copy of a passbook of a financial institution through which a reward for distinguished service can be paid. |
| Article 15 (Payment Agencies) |
| (1) | The Commission shall pay a reward for distinguished service. |
| (2) | The Commission may perform affairs related to the payment of a reward for distinguished service by entrusting such affairs to the Bank of Korea (including national treasury agencies). |
| Article 16 (Timing of Payment) |
A reward for distinguished service shall be paid within 30 days from the date a request for payment is submitted under Article 14.
| Article 17 (Public Announcement) |
The chairperson shall make public announcement of the following matters regarding an application for a reward for distinguished service in the Official Gazette, within 60 days from the date this Decree enters into force. In such cases, the public announcement may also be made in newspapers, on the website of the Ministry of National Defense, through broadcasting, etc.:
| 1. | Persons eligible to receive rewards for distinguished service; |
| 2. | Criteria for paying rewards for distinguished service; |
| 3. | Qualifications for applicants; |
| 4. | Agencies receiving applications; |
| 6. | Application documents; |
| 7. | Procedures for examinations and determinations; |
| 8. | Other matters necessary to apply for and pay rewards for distinguished service. |
| Article 18 (Financial Support for Related Organizations) |
| (1) | An organization related to persons of distinguished service that intends to receive a subsidy from the State to cover its business expenses under Article 18 of the Act shall submit the following documents to the Commission: |
| 1. | Articles of association or bylaws; |
| 3. | Minutes of regular general meetings for the relevant year; |
| 4. | A business plan for commemorative projects, etc. |
| (2) | Where the State supports organizations pursuant to Article 18 of the Act, it may provide differential support in consideration of the sizes, etc. of organizations. |
| Article 19 (Management of Sensitive Information and Personally Identifiable Information) |
| 2. | Affairs regarding the determination of payment of rewards for distinguished service under Article 8 of the Act; |
| Article 20 (Operating Rules) |
Matters necessary to operate the Commission shall be determined by the chairperson following a resolution of the Commission.
ADDENDUM <Presidential Decree No. 32037, Oct. 14, 2021>
This Decree shall enter into force on October 14, 2021.