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ENFORCEMENT DECREE OF THE ACT ON COMPENSATION FOLLOWING ABOLITION OF CORRECTIONAL INSTITUTION GUARD UNITS

Presidential Decree No. 27617, Nov. 29, 2016

Amended by Presidential Decree No. 34407, Apr. 16, 2024

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Compensation Following Abolition of Correctional Institution Guard Units and matters necessary for the enforcement thereof.
 Article 2 (Death Benefits)
(1) If a correctional guard has died while performing his or her duties (including cases where a correctional guard has died subsequently due to injuries), the Minister of Patriots and Veterans Affairs shall pay death benefits to his or her bereaved family pursuant to Article 3 of the Act on Compensation Following Abolition of Correctional Institution Guard Units (hereinafter referred to as the "Act"). In such cases, Article 39 (2) of the Military Accident Compensation Act shall apply mutatis mutandis to the amount of death benefits to be paid. <Amended on Jun. 9, 2020; Apr. 11, 2023>
(2) Articles 5 and 13 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the scope, and the order of priority, of the bereaved family members who are eligible for death benefits under paragraph (1).
 Article 3 (Disability Care Benefits)
If disabilities of a correctional guard who retired due to injuries sustained while performing his or her duties are classified into any of the disability ratings under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or Article 6 of the Act on Support for Persons Eligible for Veteran's Compensation, the Minister of Patriots and Veterans Affairs shall pay disability care benefits commensurate with the relevant rating pursuant to Article 3 of the Act, as follows: <Amended on Apr. 11, 2023>
1. A person with disabilities classified into Disability Rating 1: The amount calculated by the following formula:
(Average standard monthly income of all public officials x 419/1,000) ? 78/10
2. A person with disabilities classified into any of Disability Ratings 2 through 5: The amount calculated by the following formula:
(Average standard monthly income of all public officials x 419/1,000) ? 52/10
3. A person with disabilities classified into Disability Rating 6 or 7: The amount calculated by the following formula:
(Average standard monthly income of all public officials x 419/1,000) ? 39/10
 Article 4 (Death Benefits Subsequent to Payment of Disability Care Benefits)
If a person to whom disability care benefits have been paid under Article 3 dies of the relevant injuries, the amount calculated by subtracting the already paid disability care benefits from the death benefits under Article 2 shall be paid as death benefits.
 Article 5 (Notification to Persons Eligible for Benefits)
If a person becomes eligible for death benefits under Article 2 or the disability care benefits under Article 3 (hereinafter referred to as "benefits"), the Minister of Justice shall notify the Minister of Patriots and Veterans Affairs thereof, without delay. <Amended on Apr. 11, 2023>
 Article 6 (Claims for Benefits)
(1) A claim for benefits shall be filed with the Minister of Patriots and Veterans Affairs within 5 years from the date on which a person died or retired due to relevant injuries. <Amended on Apr. 11, 2023>
(2) Notwithstanding paragraph (1), where the Minister of Justice recognizes that a correctional guard has died while performing his or her duties, a claim for death benefits may be filed within 5 years from the date of recognition. <Added on Apr. 16, 2024>
(3) In cases of a failure to claim benefits within the period prescribed in paragraph (1) or (2) due to a war, an incident, or any other unavoidable cause, the period for filing a claim for benefits shall be extended by 2 years. <Added on Apr. 16, 2024>
(4) Matters necessary for the procedures for filing claims for benefits and for paying such benefits shall be determined by the Minister of Patriots and Veterans Affairs. <Amended on Apr. 11, 2023; Apr. 16, 2024>
 Article 7 (Persons Eligible for Compensation)
(1) The persons eligible for compensation under Article 4 of the Act shall be classified as follows:
1. A person who has retired due to any injury sustained while performing his or her duties or while attending an educational or training course, in direct connection with defense and security of the State or protection of lives and property of people, and whose disabilities are classified into any of the Disability Ratings under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State: A soldier or police officer wounded on active duty, as defined in Article 4 (1) 6 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
2. A person who has retired due to any injury sustained while performing his or her duties or while attending an educational or training course, not in direct connection with defense and security of the State or protection of lives and property of people, and whose disabilities are classified into any of the Disability Ratings under Article 6 of the Act on Support for Persons Eligible for Veteran's Compensation: A soldier or police officer wounded in a disaster, as defined in Article 2 (1) 2 of the Act on Support for Persons Eligible for Veteran's Compensation;
3. The bereaved family of a person who died while performing his or her duties or while attending an educational or training course, in direct connection with defense and security of the State or protection of lives and property of people, (including cases such person died subsequently due to any injury): The bereaved family of a soldier or police officer killed in the line of duty, as defined in Article 4 (1) 5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
4. The bereaved family of a person who has died while performing his or her duties or while attending an educational or training course, not in direct connection with defense and security of the State or protection of lives and property of people, (including cases such person died subsequently due to injuries): The bereaved family of a soldier or police officer killed in a disaster, as defined in Article 2 (1) 1 of the Act on Support for Persons Eligible for Veteran's Compensation.
(2) A person who intends to become eligible for compensation under Article 4 of the Act shall file an application for registration pursuant to Article 6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State or Article 4 of the Act on Support for Persons Eligible for Veteran’s Compensation.
(3) Upon receipt of an application for registration under paragraph (2), the Minister of Patriots and Veterans Affairs shall request the Minister of Justice to verify the facts relevant to the requirements, and the Minister of Justice shall verify the facts relevant to the requirements and notify the Minister of Patriots and Veterans Affairs of the findings of verification, without delay. <Amended on Apr. 11, 2023>
 Article 8 (Handling of Sensitive Information)
If it is essential to process data containing information about health under Article 23 of the Personal Information Protection Act in order to perform the following administrative affairs, the Minister of Justice may handle such data:
1. Administrative affairs related to the payment of benefits under Article 3 of the Act;
2. Administrative affairs related to compensation under Article 4 of the Act.
ADDENDA <Presidential Decree No. 27617, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Article 2 (Repeal of Other Statutes and Regulations)
The Enforcement Decree of the Act on the Establishment of Correctional Institution Guard Units is hereby repealed.
Article 3 (Applicability to Payment of Death Benefits)
Articles 2 and 3 shall begin to apply from the first application for benefits filed after this Decree enters into force.
Article 4 (Transitional Measure concerning Payment of Death Benefits Subsequent to Payment of Disability Care Benefits)
Notwithstanding Article 4, the former Enforcement Decree of the Act on the Establishment of Correctional Institution Guard Units shall apply to the persons to whom disability care benefits have been paid before this Decree enters into force.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 33382, Apr. 11, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 5, 2023.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 34407, Apr. 16, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation
Article 2 (Special Cases concerning Period for Filing Claim for Death Benefits)
(1) Notwithstanding the amended provisions of Article 6 (2), where the Minister of Justice recognizes that a correctional guard has died while performing his or her duties before this Decree enters into force, a claim for death benefits may be filed within 5 years from the date this Decree enters into force.
(2) The amended provisions of Article 6 (3) shall also apply where a claim for death benefits is filed pursuant to paragraph (1).