Article 1(Purpose) #
The purpose of this Act is to give medical treatment to persons subject to the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, the Act on Support for Persons Eligible for Veteran's Compensation, the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations, the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations, the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and Establishment of Related Organizations, the Act on Honorable Treatment of Persons of Distinguished Service during Special Missions and Establishment of Related Organizations, and the Support for Discharged Soldiers Act, and to provide medical, psychological or vocational rehabilitation services to seriously injured persons by establishing the Korea Veterans Health Service, thus promoting their independence and settlement in society and contributing to the improvement of their welfare. <Amended on Aug. 4, 2011; Sep. 15, 2011; Dec. 22, 2015; Jan. 5, 2021>
[This Article Wholly Amended on Dec. 31, 2008]
Article 2(Juristic Person) #
The Korea Veterans Health Service (hereinafter referred to as the "Corporation") shall be a juristic person.
[This Article Wholly Amended on Dec. 31, 2008]
Article 3(Establishment) #
(1) The Corporation shall be established by effecting registration for incorporation in the court having jurisdiction over a place in which its head office is located.
(2) Registration for incorporation under paragraph (1) and other necessary matters concerning registration shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 31, 2008]
Article 3-2(Prohibition against Using Similar Names) #
No one, other than the Corporation under this Act, shall use the name of "Korea Veterans Health Service", or any other similar name.
[This Article Newly Inserted on Jul. 27, 2007]
Article 4(Articles of Association) #
(1) The articles of association of the Corporation shall include the following:
1. Objectives;
2. Name;
3. Place in which its head office is located;
4. Matters concerning projects;
5. Matters concerning the education and study of medical, psychological and vocational rehabilitation;
6. Matters concerning the operation of the board of directors;
7. Matters concerning executive officers and employees;
8. Matters concerning the organization;
9. Matters concerning the capital and accounting;
10. Matters concerning amendment to the articles of association;
11. Matters concerning public notification.
(2) When the Corporation intends to amend its articles of association, it shall obtain authorization from the Minister of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>
[This Article Wholly Amended on Dec. 31, 2008]
Article 5 #
Deleted. <Jan. 21, 1999>
Article 6(Projects) #
The Corporation shall conduct the following projects: <Amended on Feb. 3, 2015; Mar. 4, 2023>
1. Treatment, health care, protection, and medical or psychological rehabilitation of persons (hereinafter referred to as "persons, etc. of distinguished services to the State") subject to Acts under Article 1 and investigations and research thereof;
2. Education and training, such as vocational rehabilitation education for persons, etc. of distinguished services to the State";
3. Support for the operation of associations by persons, etc. of distinguished services to the State;
4. Projects to build, supply and rent houses for persons, etc. of distinguished services to the State, to acquire sites for housing, and to improve residential environment improvement;
5. Subsidization of school expenses for persons, etc. of distinguished services to the State and their offspring;
6. Projects necessary for inspiring patriotism and the study of veterans policy;
7. Projects to support the rehabilitation of veterans in society and promote the utilization of human resources;
8. Study and investigation of diseases stemming from the overseas dispatch of soldiers;
9. Operation of welfare facilities for care of the aged, medical care, recreation, etc. of persons, etc. of distinguished services to the State;
10. Profit-making affairs for conducting projects under subparagraphs 1 through 9 and incidental projects;
11. Projects entrusted by the Minister of Patriots and Veterans Affairs, under other Acts, including projects to increase the Veterans Fund.
[This Article Wholly Amended on Dec. 31, 2008]
Article 6-2 #
Deleted. <Jan. 29, 2004>
Article 6-3 #
Deleted. <Jan. 29, 2004>
Article 6-4(Special Provisions on Housing Construction Projects, etc.) #
The Corporation may construct, supply and rent houses or acquire sites for housing for persons, etc. of distinguished services to the State under the Housing Act, the Housing Site Development Promotion Act, the Special Act on Private Rental Housing, or the Special Act on Public Housing. In such cases, the Corporation shall be deemed the State or a local government. <Amended on Aug. 28, 2015>
[This Article Wholly Amended on Dec. 31, 2008]
Article 7(Veterans Hospital) #
(1) A veterans hospital shall be established under the control of the Corporation to conduct projects under subparagraph 1 of Article 6 and veterans hospital shall be located in places prescribed by a Special Metropolitan City and the articles of association of the Corporation.
(2) The head of a veterans hospital under paragraph (1) shall take charge of the tasks of the hospital.
[This Article Wholly Amended on Dec. 31, 2008]
Article 8(Executive Officers) #
(1) The Corporation shall have the following executive officers: <Amended on Oct. 31, 2017>
1. One chief director;
2. Four or less full-time directors;
3. Six part-time directors;
4. One auditor.
(2) The chief director shall be appointed by the President upon the request of the Minister of Patriots and Veterans Affairs, from among persons recommended by the Executive Recommendation Committee established under the control of the Corporation under Article 29 of the Act on the Management of Public Institutions (hereinafter referred to as the "Executive Recommendation Committee"), and full-time directors shall be appointed by the chief director after undergoing the recommendation procedures prescribed by Presidential Decree. <Amended by Act No. 15035, Oct. 31, 2017; Mar. 4, 2023>
(3) Part-time directors shall be the following persons, and part-time directors falling under subparagraphs 3 and 4 shall be appointed by the Minister of Patriots and Veterans Affairs, from among persons recommended by the Executive Recommendation Committee: <Amended on Oct. 31, 2017; Mar. 4, 2023>
1. Two persons prescribed by Presidential Decree, from among public officials in general service belonging to the Senior Executive Service of the Ministry of Patriots and Veterans Affairs or public officials of grade III;
2. One person prescribed by Presidential Decree, from among public officials in general service belonging to the Senior Executive Service of the Ministry of Strategy and Finance or public officials of grade III;
3. Two persons with abundant knowledge and experience in the projects of the Corporation;
4. One executive officer belonging to any organization related to persons, etc. of distinguished services to the State.
(4) The auditor shall be appointed by the President upon the request of the Minister of Strategy and Finance, from among persons recommended by the Executive Recommendation Committee and then by undergoing the deliberations and resolutions by the Public Institution Operation Committee under Article 8 of the Act on the Management of Public Institutions. <Amended on Oct. 31, 2017>
(5) The term of office of the chief director shall be three years, and the terms of office of each director and of the auditor shall be two years, and their terms of office are renewable on the basis of a year, respectively: Provided, That the term of office of a director falling under paragraph (3) 1 and 2 shall be the period during which he or she holds office.
Article 9(Duties of Executive Officers) #
(1) The chief director shall represent the Corporation and exercise overall control over the duties of the Corporation.
(2) Where the chief director is unable to perform his or her duties due to unavoidable reasons, a full-time director shall act on behalf of the chief director as prescribed by the articles of association, and, when a full-time director is unable to act as the chief director, an executive officer prescribed by the articles of association shall act on behalf of the chief director.
(3) Full-time directors shall take charge of the duties of the Corporation by dividing such duties, in accordance with the articles of association of the Corporation.
(4) Auditors shall audit the performance of duties and accounting of the Corporation.
[This Article Wholly Amended on Dec. 31, 2008]
Article 10(Grounds for Disqualification of Executive Officers) #
(1) No person falling under any of the following subparagraphs shall be an executive officer of the Corporation: <Amended on Oct. 31, 2017>
1. A person who falls under any subparagraph of Article 33 of the State Public Officials Act.
2. A person who falls under Article 34 (1) 2 of the Act on the Management of Public Institutions.
(2) When any executive officer falls under any of subparagraphs of paragraph (1) or it is revealed that any executive officer has fallen under any of such subparagraphs as at the time of appointment, he or she shall retire from his or her office.
(3) No activity, in which executive officers retired under paragraph (2) participated before such they retire, shall lose its effects.
[This Article Wholly Amended on Dec. 31, 2008]
Article 10-2 #
Deleted. <Dec. 31, 2008>
Article 11(Board of Directors) #
(1) The board of directors shall be established under the jurisdiction of the Corporation to deliberate and decide the following matters:
1. Amendment to the articles of association;
2. Organization;
3. Objectives of management, budget, operation plan and the settlement of accounts;
4. Acquisition and disposal of fundamental properties;
5. Long-term borrowing and plans of repayment thereof;
6. Disposal of surpluses;
7. Enactment and repeal of bylaws;
8. Remuneration of executive officers and employees;
9. Matters deemed to require the deliberations and resolutions of the board of directors by the chief director;
10. Other important matters concerning the operation of the Corporation, deemed especially necessary by the board of directors.
(2) The board of directors shall be comprised of the chief director, full-time directors and part-time directors and the chief director shall be the chairperson of the board of directors.
(3) Meetings of the board of directors shall be convoked by request of the chief director or not less than 1/3 of incumbent directors, and the resolution of meetings shall require the consent of the majority of incumbent directors.
(4) Auditors may attend the board of directors to state their opinions.
[This Article Wholly Amended on Dec. 31, 2008]
Article 12(Appointment of Employees) #
(1) Medical staff and employees shall work for the Corporation pursuant to the articles of association.
(2) Medical staff and employees shall be appointed by the chief director pursuant to the articles of association.
(3) The chief director may appoint an agent with an authority to conduct all judicial activities or activities, other than trials, concerning the duties of the Corporation, from among employees, pursuant to the articles of association.
[This Article Wholly Amended on Dec. 31, 2008]
Article 12-2(Restrictions on Representative Authority) #
The chief director shall not represent the Corporation, with regard to matters, for which the interests of the Corporation conflict with those of the chief director, and, in such cases, auditors shall represent the Corporation.
[This Article Newly Inserted on Oct. 4, 2006]
Article 13(Restrictions on Concurrent Offices) #
(1) No full-time executive officer nor employee of the Corporation shall be engaged in profit-making businesses, other than their relevant duties.
(2) Where a full-time executive officer has obtained permission from the chief director (limited to cases of a full-time director) or the Minister of Patriots and Veterans Affairs and an employee has obtained permission from the chief director, they may be concurrently engaged in non-profit businesses. <Amended on Mar. 4, 2023>
[This Article Wholly Amended on Dec. 31, 2008]
Article 14(Concurrent Offices) #
(1) Public educational officials working for a medical college or a dental college may concurrently hold office as medical staff of the Corporation, after obtaining permission from the president or the dean of the medical or dental college to which they belong.
(2) When public educational officials concurrently hold the offices of medical staff under paragraph (1), their duties and remunerations shall be prescribed by Presidential Decree.
(3) Holding of concurrent office as medical staff by public educational officials under paragraph (1) shall be ordered by the chief director, after obtaining consent from the president or dean of the relevant college.
[This Article Wholly Amended on Dec. 31, 2008]
Article 15(Free Lending of State Property) #
The State may lend the State property free of charge, when it is necessary for the establishment and operation of the Corporation.
[This Article Wholly Amended on Dec. 31, 2008]
Article 16(Remuneration) #
Where a veterans hospital established under Article 7 provides persons, etc. of distinguished service to the State with medical treatment under the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, the Act on Support for Persons Eligible for Veteran’s Compensation, the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations, the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations, the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and Establishment of Related Organizations, the Act on Honorable Treatment of Persons of Distinguished Service during Special Missions and Establishment of Related Organizations, and the Support for Discharged Soldiers Act, the State shall pay the medical expenses (including rehabilitation training expenses and medical examination expenses for diseases of patients suffering from actual aftereffects of defoliants, patients suffering from potential aftereffects of defoliants, and second-generation patients suffering from actual aftereffects of defoliants) as compensation to the Corporation. <Amended on Aug. 4, 2011; Sep. 15, 2011; Sep. 15, 2011; Feb. 3, 2015; Dec. 22, 2015; Jan. 5, 2021>
[This Article Wholly Amended on Dec. 31, 2008]
Article 17(Business Year) #
The business year of the Corporation shall follow the fiscal year of the Government.
[This Article Wholly Amended on Dec. 31, 2008]
Article 18(Accounting Management) #
The chief director shall manage the accounting of the Corporation pursuant to the articles of association.
[This Article Wholly Amended on Dec. 31, 2008]
Article 19(Formulating Budget and Relevant Matters) #
(1) The chief director shall formulate a budget for following fiscal year, in accordance with management objectives established under Article 46 of the Act on the Management of Public Institutions and management guidelines publicly notified under Article 50 of the same Act, each fiscal year and finalize a budget by receiving approval therefor from the Minister of Patriots and Veterans Affairs, after passing a resolution of the board of directors before the commencement of the next fiscal year. The same shall apply to revisions to the budget. <Amended on Mar. 4, 2023>
(2) When a budget is finalized under paragraph (1), the chief director shall promptly formulate an operating plan in accordance with the budget of the relevant fiscal year, after passing a resolution of the board of directors and submit such operating plan to the Minister of Patriots and Veterans Affairs within two months after the budget is finalized. The same shall apply to revisions to operation plans in accordance with a revised budget. <Amended on Mar. 4, 2023>
[This Article Wholly Amended on Dec. 31, 2008]
Article 20(Submission of Written Settlement of Accounts) #
(1) When a fiscal year is closed, the Corporation shall prepare a written statement of settlement of accounts of the relevant fiscal year, without delay, and undergo an accounting inspection by an auditor (hereinafter referred to as "auditor") appointed from among persons falling under any of the following subparagraphs in accordance with the regulations of the Board of Audit and Inspection. In such cases, the Corporation shall submit the statement of written settlement of accounts to the auditor within the period prescribed by the regulations of the Board of Audit and Inspection of Korea after each fiscal year is closed: <Amended by Act No. 15035, Oct. 31, 2017>
1. An accounting firm established under Article 23 of the Certified Public Accountant Act;
2. An audit team referred to in subparagraph 7 (b) of Article 2 of the Act on External Audit of Stock Companies.
(2) The Corporation shall submit the following written statements of settlement of accounts prepared pursuant to paragraph (1), to the Minister of Patriots and Veterans Affairs by the end of February of the following year, and finalize the settlement of accounts by March 31 after obtaining approval from the Minister of Patriots and Veterans Affairs: <Amended on Oct. 31, 2017; Mar. 4, 2023>
1. Financial statements (including written opinions on audit and inspection of the auditor) and documents annexed thereto;
2. Other documents necessary for clarifying the details of the settlement of accounts.
[This Article Wholly Amended on Dec. 31, 2008]
Article 21(Borrowing Operating Expenses) #
The Corporation may borrow operating expenses, without interest, from the fund to support persons of distinguished services to the State, among funds under Article 6 of the Patriots and Veterans Fund Act, after obtaining approval from the Minister of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>
[This Article Wholly Amended on Dec. 31, 2008]
Article 22(Preferential Purchase of Produced Items) #
(1) The State, local governments or public institutions prescribed by the Minister of Patriots and Veterans Affairs, among public institutions under the Act on the Management of Public Institutions, shall preferentially purchase products directly produced by the Corporation. <Amended on Mar. 4, 2023>
(2) The chief director shall consult in advance with the heads of relevant institutions on the items and quantities of products which shall be preferentially purchased by the State, local governments or public institutions, under paragraph (1).
(3) The Minister of Patriots and Veterans Affairs shall publicly notify the items and quantities of products of the Corporation, which shall be preferentially purchased under paragraph (1), one month before the commencement of each fiscal year. <Amended on Mar. 4, 2023>
(4) When the Minister of Patriots and Veterans Affairs intends to change or add the items and quantities of products publicly notified under paragraph (3), he or she shall publicly notify such items and quantities again. <Amended on Mar. 4, 2023>
[This Article Wholly Amended on Dec. 31, 2008]
Article 23(Treating Surpluses) #
(1) Surpluses from each business year of the Corporation shall be preferentially allocated for acquiring assets related to the projects of the Corporation, including the medical treatment at a veterans hospital, and amounts, other than reserved amounts for the projects of the next year, shall become the incomes of funds under the Patriots and Veterans Fund Act.
(2) Incomes of funds under paragraph (1) shall be used as subsidies for projects to promote the welfare of persons, etc. of distinguished services to the State (including projects to raise and inspire patriotism).
[This Article Wholly Amended on Dec. 31, 2008]
Article 24(Supervision) #
(1) The Minister of Patriots and Veterans Affairs shall supervise projects conducted by the Corporation pursuant to Article 6. <Amended on Mar. 4, 2023>
(2) The Minister of Patriots and Veterans Affairs may order the Corporation to report necessary matters concerning the projects of the Corporation or submit necessary documents, or allow public officials belonging thereto to inspect the books and documents of the Corporation or other necessary articles. <Amended on Mar. 4, 2023>
[This Article Wholly Amended on Dec. 31, 2008]
Article 24-2(Request for Provision of Data) #
(1) The Corporation may request the relevant administrative agencies, public institutions under the Act on the Management of Public Institutions, and medical personnel, the heads of medical institutions, and persons working for medical institutions under the Medical Service Act to provide data prescribed by Presidential Decree, such as medical records for persons, etc. of distinguished service to the State, (hereinafter referred to as "medical records, etc."), if necessary for performing the following duties:
1. Projects related to claiming, examining, and paying medical expenses borne by the State for persons, etc. of distinguished service to the State under subparagraph 1 of Article 6;
2. Affairs regarding the management of medical facilities to which the State entrusts medical examinations and treatment pursuant to Article 42 (2) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, the physical examinations of soldiers or police officials wounded in action, soldiers or police officials wounded on active duty, etc., and examinations and disability ratings of patients suffering from actual aftereffects of defoliants, patients suffering from potential aftereffects of defoliants, or second-generation patients suffering from actual aftereffects of defoliants, among the projects under subparagraph 11 of Article 6.
(2) Upon receipt of a request for the provision of medical records, etc. pursuant to paragraph (1), the relevant administrative agencies, the public institutions under the Act on the Management of Public Institutions, and medical personnel, the heads of medical institutions, and persons working for medical institutions under the Medical Service Act shall comply with such request unless there is a compelling reason not to do so.
(3) With respect to medical records, etc. provided to the Corporation under paragraph (1), fees, charges, etc. shall be exempted.
[This Article Newly Inserted on Mar. 24, 2020]
[Previous Article 24-2 moved to Article 24-3 <Mar. 4, 2020>]
Article 24-3(Entrustment of Duties) #
(1) The Corporation may entrust part of its duties, such as examining and adjusting the appropriateness of expenses borne by the State under Article 16 with regard to projects falling under subparagraph 1 of Article 6, to the relevant specialized institutions.
(2) The scope of duties entrusted by the Corporation under paragraph (1) and institutions eligible for entrustment shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 31, 2008]
[Moved from Article 24-2; previous article 24-3 moved to Article 24-4 <Mar. 24, 2020>]
Article 24-4(Prohibiting Divulgence of Confidential Information) #
No executive officer and employee of the Corporation or no person who held such position shall divulge any confidential information known to him or her in the course of his or her performance of duties.
[This Article Newly Inserted on Jul. 27, 2007]
[Moved from Article 24-2 <Mar. 24, 2020>]
Article 25(Application Mutatis Mutandis of the Civil Act) #
The provisions of the Civil Act concerning any incorporated foundation shall apply mutatis mutandis to the Corporation, except as otherwise provided for by this Act and the Act on the Management of Public Institutions.
[This Article Wholly Amended on Dec. 31, 2008]
Article 26(Legal Fiction as Public Officials for Purposes of Penalty Provisions) #
The executive officers and employees of the Corporation shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended on Dec. 31, 2008]
Article 27 #
Deleted. <Jan. 21, 1999>
Article 28(Penalty Provisions) #
(1) Any executive officer or employee of the Corporation who refuses, obstructs, or evades inspection under Article 24 (2) or makes a false report shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Amended on Feb. 3, 2015>
(2) A person who violates Article 24-4 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Feb. 3, 2015; Mar. 24, 2020>
[This Article Wholly Amended on Dec. 31, 2008]
Article 29(Administrative Fines) #
(1) A person who violates Article 3-2 shall be punished by an administrative fine not exceeding five million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>
[This Article Wholly Amended on Dec. 31, 2008]