ACT ON THE HONORABLE TREATMENT OF AND SUPPORT FOR PERSONS OF DISTINGUISHED SERVICE TO THE STATE

영문법령 불러오는 중…

ACT ON THE HONORABLE TREATMENT OF AND SUPPORT FOR PERSONS OF DISTINGUISHED SERVICE TO THE STATE — 법갈피

Article 5(Scope of bereaved family members or family members) #

(1) The scope of the bereaved family members or family members of a person of distinguished service to the State, who are entitled to compensation under this Act is as follows: <Amended on Mar. 28, 2008; Sep. 15, 2011>

1. Spouse;

2. Children;

3. Parents;

4. Grandparents who have no lineal adult descendant;

5. Minor siblings who have no lineal ascendant under 60 years of age and no adult senior sibling.

(2) The spouse referred to in paragraph (1)1 includes a person in a de facto marriage; provided, this shall not apply where the spouse or the person in a de facto marriage is or was in a de facto marriage relationship with another person who is not the person of distinguished service to the State after the spouse or the de facto spouse was married to or had a de facto marriage with the person of distinguished service to the State. <Added on Sep. 15, 2011>

(3) In cases of children referred to in paragraph (1)2, only one adopted person, whom a person of distinguished service to the State adopted because he or she has no lineal descendant, shall be deemed his or her child. <Amended on Mar. 28, 2008; Sep. 15, 2011>

(4) In cases of parents referred to in paragraph (1)3, if there is a spouse of a father or mother who has in fact raised or supported a person of distinguished service to the State, other than his or her natural father or natural mother, one person who has mainly raised or supported the person of distinguished service to the State shall be deemed his or her father or mother. <Amended on Mar. 28, 2008; Sep. 15, 2011>

(5) In cases of grandparents referred to in paragraph (1)4, where an adult lineal descendant is a person with disability who has no means to support his or her own livelihood prescribed by Presidential Decree, or any of the following persons who is in compulsory service, they shall be deemed to have no adult lineal descendant: <Amended on Sep. 15, 2011; Jun. 4, 2013; Jul. 24, 2015; May 29, 2016; Dec. 31, 2019>

1. A soldier in active military service (including a non-commissioned officer appointed without his or her application) enlisted pursuant to Article 16 or 20 of the Military Service Act;

2. A full-time reserve service called up pursuant to Article 22 of the Military Service Act;

3. An auxiliary police officer and obligatory firefighter seconded pursuant to Article 25 of the Military Service Act;

4. A person mustered as a member of social work personnel or alternative service personnel pursuant to Article 2 of the Military Service Act.

(6) In cases of a minor sibling referred to in paragraph (1)5, even though he or she has a lineal ascendant under 60 years of age and an adult senior sibling, where such lineal ascendant or adult senior sibling is a person with disability who has no means to support his or her own livelihood prescribed by Presidential Decree, or a person falling under any subparagraph of paragraph (5) who is in compulsory service, he or she shall be deemed to have no lineal ascendant under 60 years of age and no adult senior sibling. <Amended on Mar. 28, 2008; Sep. 15, 2011>

(7) Deleted. <Dec. 31, 1994>

(8) Deleted. <Dec. 30, 2000>

[Title Amended on Mar. 28, 2008; Sep. 15, 2011]

Article 6(Registration and determination) #

(1) A person (hereafter in this Article referred to as "person eligible for application") who qualifies as a person who has rendered distinguished service to the State, his or her bereaved family or a person to become his or her family shall file an application for registration with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree; provided, where a person eligible for application falls under any of the following subparagraphs, a public official belonging to the Ministry of Patriots and Veterans Affairs may, as prescribed by Presidential Decree, file an application for registration after obtaining the consent of a person eligible for application, and where such consent has been obtained, the person eligible for application shall be deemed to have filed an application for registration: <Amended on Sep. 15, 2011; May 22. 2013; Mar. 4, 2023>

1. Where a person eligible for application has been identified to have made a sacrifice or contribution under Article 23(1)3-2 of the Framework Act on Veterans Affairs;

2. Where a person eligible for application has been wounded or killed in action or in the line of duty corresponding thereto;

3. Where a person eligible for application fails to file an application for registration in person due to causes prescribed by Presidential Decree.

(2) A person who files an application for registration under Article 4(1) of the Act on Support for Persons Eligible for Veteran’s Compensation shall be deemed to have filed an application for registration under paragraph (1) on the date he or she files an application for registration. <Added on Sep. 15, 2011>

(3) Upon receipt of an application for registration filed under paragraph (1), the Minister of Patriots and Veterans Affairs shall verify as to whether the relevant applicant meets the requirements under Article 4 or 5, as prescribed by Presidential Decree, and determine whether the applicant qualifies as a person who has rendered distinguished service to the State, his or her bereaved family or family. In such cases, where an application for registration is filed to be qualified as a person who has rendered distinguished service to the State (hereinafter referred to as "soldier, police official, etc. killed in action") under Article 4(1)3 through 6, 8,14 and 15, the Minister of Patriots and Veterans Affairs shall request the head of the agency with which the relevant application was affiliated to verify the fact related to such requirements, and the head of the agency with which the relevant application was affiliated shall investigate the related facts and notify the Minister of Patriots and Veterans of the facts so verified in relation to such requirements, as prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Sep. 15, 2011; Mar. 4, 2023>

(4) Where the Minister of Patriots and Veterans Affairs determines that a person qualifies as a person who has rendered distinguished service to the State, his or her bereaved family or family pursuant to the former part of paragraph (3), he or she submit the relevant matter for deliberation and resolution by the Patriots and Veterans Review Commission (hereinafter referred to as the "Patriots and Veterans Entitlement Commission") established under Article 74-5; provided, such deliberation and resolution by the Patriots and Veterans Entitlement Commission may be omitted under certain circumstances prescribed by Presidential Decree where the requirements of a person who rendered distinguished service to the State, his or her bereaved family or family have been verified by the objective facts. <Amended on Sep. 15, 2011; Mar. 4, 2023>

(5) The Minister of Patriots and Veterans Affairs may register those who qualify as persons who have rendered distinguished service to the State falling under any of the following subparagraphs (excluding subparagraphs 1, 2, and 10) of Article 4(1) but can't apply for registration because there is no person eligible for application as persons of distinguished service to the State, subject to deliberation and resolution of the Patriots and Veterans Entitlement Commission. <Added on May 29, 2016; Mar. 4, 2023>

(6) Paragraphs (1) through (4) shall also apply to persons provided for in other Acts to be entitled to honorable treatment, etc. under this Act. <Amended on Sep. 15, 2011; May 29, 2016>

[This Article Wholly Amended on Mar. 28, 2008]

Article 6-3(Physical examinations) #

(1) The Minister of Patriots and Veterans Affairs shall conduct a physical examination to determine whether a wounded person is eligible under this Act and to determine his or her disability rating based on changes, etc. in the degree of his or her disability or an injury pursuant to Article 4(1)4,6,12,15 and 17. In such cases, he or she may conduct a physical examination to determine a disability rating of a person who has good reasons prescribed by Presidential Decree by means of reviewing documents. <Amended on Sep. 15, 2011; Mar. 4, 2023>

(2) Physical examinations conducted pursuant to paragraph (1) shall be classified as follows: <Amended on Sep. 15, 2011; Mar. 4, 2023>

1. A new physical examination: A physical examination conducted where the Patriots and Veterans Entitlement Commission deliberates and pass a resolution on a person who has filed an application for registration pursuant to Article 6(1);

2. A physical reexamination: A physical examination conducted on a person who has an objection to a determination made by a new physical examination;

3. A physical examination for re-verification: A physical examination conducted on a person who has failed to obtain a determination of a disability rating on a new physical examination or physical reexamination;

4. A physical examination for re-determination: A physical examination conducted on a person deemed in need of a re-determination of his or her disability rating, at his or her request or ex officio of the Minister of Patriots and Veterans Affairs, among persons eligible under this Act upon obtaining a determination of his or her disability rating on a new physical examination, physical reexamination or physical examination for re-verification.

(3) Where a physical examination under paragraph (2) falls under any of the following, an application for registration or application for physical examination shall be deemed rejected: <Amended on Sep. 15, 2011>

1. Where an applicant fails to obtain a determination of his or her disability rating on a new physical examination, physical reexamination or physical examination for re-verification;

2. Where there is no change in a disability rating as a result of a physical reexamination or physical examination for re-determination;

3. Where an applicant fails to undergo a physical examination he or she has requested, without any special reasons prescribed by Presidential Decree.

(4) In any of the following cases, the Minister of Patriots and Veterans Affairs may ex officio conduct a physical examination for re-determination: <Added on Sep. 15, 2011; Mar. 4, 2023>

1. Where he or she deems it necessary to re-determine a disability rating after a certain period, considering the characteristics of a wound (including a disease);

2. Where he or she deems it necessary to re-determine a disability rating.

(5) The Minister of Patriots and Veterans Affairs may conduct a physical examination for re- determination conducted ex officio pursuant to paragraph (4)1 on only one occasion, but he or she may change the number of physical examination in consideration of the degree of improvement or deterioration of a wound (including a disease). <Added on Sep. 15, 2011>

(6) A person who receives notification of an ex officio physical examination for re-determination shall undergo the physical examination unless there is any special reason prescribed by Presidential Decree. <Amended on Sep. 15, 2011>

(7) A re-determination of a disability rating on a physical examination for re-determination shall come into effect from the month in which an application is made for such physical examination by the person himself or herself or the Minister of Patriots and Veterans Affairs gives a notice to him or her to undergo such physical examination ex officio; provided, where a disability rating is downgraded, such re-determination shall come into effect according to the following classification: <Amended on Sep. 15, 2011; Mar. 4, 2023>

1. Where a physical examination for re-determination is conducted at the request of the relevant person himself or herself: The month following the month in which he or she obtains a determination of a disability rating;

2. Where a physical examination is conducted ex officio: The month following the month in which the Minister of Patriots and Veterans Affairs gives a notice to the relevant person to undergo a physical examination for re-determination.

(8) Where a person subject to a physical examination under paragraph (1) has submitted a national medical certificate of disability for veterans issued by a tertiary hospital under Article 3-4 of the Medical Service Act or by any other hospital-level medical institution or higher prescribed by Presidential Decree, as prescribed by Ministerial Decree of Patriots and Veterans Affairs, a physical examination under paragraph (2) (excluding a physical examination for re-determination conducted ex officio under paragraph (4)) shall be deemed to have been be conducted. <Added on Dec. 16, 2022; Mar. 4, 2023>

(9) Except as provided in paragraphs (1) through (7), the date of a physical examination, the criteria for selecting a person subject to an ex officio physical examination for re-determination, and other matters necessary for a physical examination shall be prescribed by Presidential Decree. <Amended on Sep. 15, 2011; Dec. 16, 2022>

[This Article Wholly Amended on Mar. 28, 2008]

Article 9(Time when entitlements to compensation arise and lapse) #

(1) An entitlement to compensation provided for in this Act shall arise from the month in which an application for registration referred to in Article 6(1) is filed; provided, where a person specified in Article 4(1)4,6, or 15 applies for registration under Article 6(1) before he or she is discharged or retires, he or she shall become entitled to the relevant compensation from the month in which the day following the date of discharge from military service or the date of retirement falls. <Amended on Sep. 15, 2011; Mar. 24, 2020>

(2) Notwithstanding paragraph (1), where a person files an application for the payment of a cost of living allowance, the provision of educational assistance, or the grant of a subsidy pursuant to Article 14-2(1) and (3), 22(4) or 63-2(2), the person shall be entitled to the relevant compensation from the month in which such application is filed; provided, where a person under Article 4(1)4, 6, or 15 files an application for the payment of a cost of living allowance, the provision of educational assistance, or the grant of a subsidy pursuant to Articles 14-2(1) and (3), 22(4), or 63-2(2) before being discharged from military service or retiring from the service, the entitlement to the relevant compensation shall arise from the month in which the day following the date of his or her discharge or retirement falls. <Added on Mar. 24, 2020; Feb. 13, 2024>

(3) Where any of Article 6-2(1)1 through 3, and Article 79(1) and (2) applies to a person of distinguished service to the State, his or her bereaved family members or family members the entitlement to compensation under this Act shall lapse from the month following the month in which such corresponding reason arises. In such cases, where Article 6-2(1)2 or Article 79(1) applies to the person himself or herself who rendered distinguished service to the State, the entitlement of his or her family to compensation shall lapse at the same time. <Amended on Sep. 15, 2011; Mar. 24, 2020>

(4) Where any of the following applies to a person of distinguished service to the State, his or her bereaved family members or family members, his or her entitlement shall lapse retroactively as at the date the entitlement to compensation under this Act arose. In such cases, where the entitlement to compensation to the person himself or herself who rendered distinguished service to the State has lapsed, the entitlement of his or her bereaved family or family to compensation shall lapse at the same time: <Amended on Sep. 15, 2011; Mar. 24, 2020>

1. Where it is revealed that he or she has obtained a determination on registration by fraud or other improper means;

2. Where it is revealed that a person falls short of the requirements for registration as a person of distinguished service to the State, etc. because a substantial defect is found in the fact related to the requirements of the person of distinguished service to the State, etc. notified by the head of an agency with which he or she was affiliated, pursuant to the latter part of Article 6(3).

(5) When the Minister of Patriots and Veterans Affairs determines whether a case falls under any subparagraph of paragraph (4), he or she shall investigate and verify the relevant facts and submit the relevant matters for deliberation and resolution by the Patriots and Veterans Entitlement Commission. <Amended on Mar. 24, 2020; Mar. 4, 2023>

(6) Where the head of an agency with which a person was affiliated under the latter part of Article 6(3) becomes aware of the fact falling under any subparagraph of paragraph (4), he or she shall notify the Minister of Patriots and Veterans Affairs of the details thereof without delay. <Amended on Sep. 15, 2011; Mar 24, 2020; Mar. 4, 2023>

[This Article Wholly Amended on Mar. 28, 2008]

Article 12(Monetary compensation) #

(1) Monetary compensation shall be granted to the following persons; provided, this shall not apply to persons excluded from those eligible for monetary compensation pursuant to this Act or any other Acts: <Amended on Sep. 15, 2011; Feb. 27, 2012; Jan. 16, 2018>

1. A soldier or police official wounded in action or wounded on active duty, person wounded in the April 19 Revolution, and a special contributor wounded on active duty;

2. A student volunteer soldier, and where he or she has died, one person granted priority among his or her bereaved family members;

3. A soldier or police official killed in action or killed in the line of duty, a person killed in the April 19 Revolution, and one person granted priority among the bereaved family members of a special contributor killed in the line of duty;

4. Where a person whose disability rating is determined as at least the disability rating prescribed by Presidential Decree has died among persons provided for in subparagraph 1, one person granted priority among his or her bereaved family members.

(2) Among the bereaved family members specified in paragraph (1)2 through 4, children shall be limited to those under the age of 25, but such bereaved child who is incapable of supporting himself or herself due to the disability prescribed by Presidential Decree shall be entitled to compensation in the same manner as compensation to children under the age of 25, even after reaching the age of 25. The same shall also apply where a younger minor sibling who is incapable of supporting himself or herself due to the disability prescribed by Presidential Decree becomes an adult. <Amended on Sep. 15, 2011; Jan. 4, 2022>

(3) Monetary compensation to persons provided for in paragraph (1)1 shall be paid as classified by disability rating. <Amended on Sep. 15, 2011; Feb. 27, 2012; Jan. 16, 2018>

(4) The amount of monetary compensation shall be determined according to the degree of sacrifices and contributions of persons who have rendered distinguished service to the State, taking into account the amount of the nationwide household consumption expenditures, etc., which are based on household survey statistics among statistics designated and publicly notified by the Minister of the Ministry of Data and Statistics under subparagraph 2 of Article 3 of the Statistics Act. <Amended on Oct. 1, 2025>

(5) Monetary compensation shall be paid monthly and the amount payable and methods for payment, and other matters necessary for payment thereof shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Mar. 28, 2008]

Article 13(Priority to receive monetary compensation) #

(1) The priority order of the bereaved family members eligible to be paid monetary compensation shall be the priority order provided for in each subparagraph of Article 5(1).

(2) Where at least two persons are in the same order among bereaved family members eligible to receive monetary compensation under paragraph (1), the monetary compensation shall be paid according to the following order: <Amended on Nov. 26, 2019>

1. Where one person is designated as being eligible to receive monetary compensation by the bereaved family members in the same order through their consultations, the monetary compensation shall be paid to the person; in such cases, matters concerning means to hold a consultation among bereaved family members, the effect of consultation, and other matters shall be prescribed by Presidential Decree;

2. Where there exists no person falling under subparagraph 1, the monetary compensation shall be preferentially paid to the person who mainly supports or raised the person of distinguished service to the State;

3. Where there exists no person falling under subparagraphs 1 and 2, (except for the cases falling under subparagraphs 1 and 2), the monetary compensation shall be paid to the oldest person; and where the persons with the same priority order are the parents of the person of distinguished service to the State, the monetary compensation shall be divided equally and paid separately to each parent, notwithstanding Article 12(1). In such cases, means to equally and separately pay such monetary compensation and other necessary matters shall be prescribed by Presidential Decree.

(3) Where a bereaved family member eligible for monetary compensation falls under any of the following cases, any other bereaved family member granted the next priority shall obtain such monetary compensation, as prescribed by Presidential Decree:

1. Where he or she dies;

2. Where he or she does not fall under any subparagraph of Article 5(1);

3. Where he or she has been gone missing continuously for at least one year.

(4) Where either of the parents who are supposed to be paid the monetary compensation separately pursuant to paragraph (2)3 falls under any of the subparagraphs of paragraph (3), the monetary compensation shall be paid in full to the remaining father or mother. <Added on Nov. 26, 2019>

[This Article Wholly Amended on Mar. 28, 2008]

[Nonconforming to the Constitution, 2024Hun-ga12, April 10, 2025: In the former part of the main clause of Article 13(2)3 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (as amended by Act No. 16659 on November 26, 2019), “the part that designates the eldest child as the person of higher priority” does not conform to the Constitution. Those provisions shall continue to apply until they are amended by the deadline of December 31, 2026.]

Article 14-2(Application for payment of cost of living allowance) #

(1) A person who wishes to be paid a cost of living allowance (hereinafter referred to as "person who wishes to be paid a cost of living allowance") pursuant to Article 14 shall file an application for payment of a cost of living allowance with the Minister of Patriots and Veterans Affairs. In such cases, he or she shall determine whether to pay a cost of living allowance based on the results of an investigation conducted under Article 14-3. <Amended on Mar. 4, 2023>

(2) Where a person who wishes to be paid a cost of living allowance files an application pursuant to paragraph (1), the person and his or her household members (referring to persons who share living expenses or residence with such person, as prescribed by Presidential Decree; hereinafter the same shall apply) shall submit their written consents to provision of the following data or information: <Amended on Dec. 22, 2015; Jan. 21, 2025>

1. The average bank balance among data or information about the details of financial assets and financial transactions as defined in subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and other data or information prescribed by Presidential Decree (hereinafter referred to as "financial information");

2. The amount of debts among credit information as defined in subparagraph 1 of Article 2 of the Credit Information Use and Protection Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "credit information");

3. Premiums paid after having taken out insurance referred to in the subparagraphs of Article 4(1) of the Insurance Business Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").

(3) Notwithstanding paragraph (1), where a person who wishes to be paid a cost of living allowance meets all of the following requirements, the Minister of Patriots and Veterans Affairs may authorize a public official in charge to file an application for payment of a cost of living allowance on behalf of such person; in such cases, the submission in writing under paragraph (2) shall be omitted: <Added on Feb. 13, 2024; Jan. 21, 2025>

1. He or she is receiving at least 1 benefit from among the benefits specified in Article 7(1)1 through 4 of the National Basic Living Security Act;

2. It is impracticable for him or her to file an application for payment of a cost of living allowance in person due to reasons prescribed by Presidential Decree, such as mobility difficulties;

3. He or she consents to an application by a public official in charge on his or her behalf.

(4) Necessary matters concerning methods and procedures for filing applications for payment of allowances under paragraphs (1) and (3), and methods and procedures for giving consent under paragraph (2) and other matters shall be prescribed by Presidential Decree. <Amended on Feb. 13, 2024>

[This Article Added on Sep. 15, 2011]

Article 14-4(Provision of financial information) #

(1) Notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) the Credit Information Use and Protection Act, the Minister of Patriots and Veterans Affairs may request the heads of financial companies, etc. (referring to financial companies defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agencies defined in Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall also apply) to provide financial information, credit information or insurance information (hereinafter referred to as "financial information") by documents in electronic form converted from written consents submitted by a person who wishes to be paid a cost of living allowance and his or her household members pursuant to Article 14-2(2). <Amended on Mar. 4, 2023; Jan. 21, 2025>

(2) Notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) the Credit Information Use and Protection Act, if it is deemed necessary for reviewing the entitlement to a cost of living allowance of a person who is receiving a cost of living allowance and his or her household members, the Minister of Patriots and Veterans Affairs may request the heads of financial companies, etc. to provide financial information, etc. by documents in which their personal details are stated, or through an information and communications network, as prescribed by Presidential Decree. <Amended on Mar. 4, 2023; Jan. 21, 2025>

(3) Upon receipt of a request to provide financial information, etc. made under paragraphs (1) and (2), the heads of financial companies, etc. shall provide the Minister of Patriots and Veterans Affairs with such information, notwithstanding Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(1) the Credit Information Use and Protection Act. <Amended on Mar. 4, 2023>

(4) The heads of financial companies, etc., which provide financial information, etc. pursuant to paragraph (3) shall notify the relevant title deed holder that they provide such financial information, etc.; provided, such notification may be omitted if the relevant title deed holder consents to the provision of such information, notwithstanding Article 4-2(1) of the Act on Real Name Financial Transactions and Confidentiality.

(5) Requests for, and provision of financial information, etc. under paragraphs (1) through (3) shall be made through the information and communications network (hereinafter referred to as "information and communications network") as defied in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; provided, this shall not apply where impossible due to a malfunction in the information and communications network. <Amended on Dec. 22, 2015>

(6) No person who is or was engaged in affairs referred to in paragraphs (1) and (2) shall use financial information, etc. he or she has learned in the course of performing his or her duty, for any purpose other than the purposes provided for in this Act, provide or divulge such information to any third person or institution.

(7) Matters necessary for requesting financial information, etc. and the provision thereof referred to in paragraphs (1) through (3) and (5) and other matters shall be prescribed by Presidential Decree.

[This Article Added on Sep. 15, 2011]

Article 15-2(Family allowances) #

(1) A family allowance shall be paid to any of the following persons who have dependents, according to the number of dependents:

1. A person determined to have not less than the disability rating prescribed by Presidential Decree among soldiers or police officials wounded in action or wounded on active duty, persons killed in the April 19 Revolution and special contributors wounded on active duty, and student volunteer soldiers;

2. A spouse of a soldier or police official killed in action or in the line of duty, a person killed in the April 19 Revolution and a special contributor killed in the line of duty, and where a person provided for in subparagraph 1 has died, his or her spouse;

3. Children of a soldier or police officer killed in action or in the line of duty, a person killed in the April 19 Revolution and a special contributor killed in the line of duty, and where a person provided for in subparagraph 1 has died, his or her children; provided, it shall be limited to children who receive monetary compensation.

(2) The scope of dependents referred to in paragraph (1) is classified as below:

1. In cases of a person provided for in paragraph (1)1: A spouse of a person who has rendered distinguished service to the State and his or her minor children;

2. In cases of a person provided for in paragraph (1)2 and 3: Minor children of a person who has rendered distinguished service to the State.

(3) Notwithstanding paragraph (2), where a minor child of a person who has rendered distinguished service to the State has a disability prescribed by Presidential Decree to the extent that he or she has no means to support his or her own livelihood, he or she shall be deemed a dependent even if he or she attains the age of majority.

(4) A family allowance shall be paid monthly, and the amount payable, methods for payment and other matters necessary for payment thereof shall be prescribed by Presidential Decree.

[This Article Added on Sep. 15, 2011]

Article 16-3(Allowances for children of soldiers and police officials killed in the Korean War) #

(1) An allowance for the children of soldiers and police officials killed in the Korean War shall be paid to a child of a soldier or police official killed in action or in the line of duty before July 27, 1953 or during the duration of battle referred to in the Appendix of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations, but where there are at least two children, such payment shall be made in accordance with the following order of priorities; provided, no allowance shall be granted to a child of a soldier or police official killed in action or in the line of duty, one of whose bereaved family members has been receiving monetary compensation: <Amended on Sep. 15, 2011; Dec. 22, 2015; Dec. 29, 2015; Dec. 16, 2022>

1. Where the children designate one of them to receive an allowance for the children of soldiers and police officials killed in the Korean War after consultation among themselves, such person shall be paid the allowance for the children of soldiers and police officials killed in the Korean War. In such cases, matters necessary for the methods and effects of such consultation among the children shall be prescribed by Presidential Decree;

2. Where there is no person falling under subparagraph 1, an allowance for the children of soldiers and police officials killed in the Korean War shall be paid to a child who primarily cared for the soldier or police officer killed in action or in the line of duty;

3. Where no person falls under subparagraph 1 or 2, an allowance for the children of soldiers and police officials killed in the Korean War shall be divided equally and paid to the children. In such cases, the methods of dividing and paying such allowance and other necessary matters shall be prescribed by Presidential Decree.

(2) Where a person who is paid the divided allowance for the children of soldiers and police officers killed in the Korean War pursuant to paragraph (1)3 falls under any subparagraph of Article 13(3), the amount equivalent to the allowance for that person shall be equally divided and paid to the remaining children. <Added on Dec. 16, 2022>

(3) An allowance for the children of soldiers and police officers killed in the Korean War shall be paid monthly, and the amount payable, the methods of payment, and other matters necessary for such payment shall be prescribed by Presidential Decree. <Amended on May 23, 2012>

[This Article Wholly Amended on Mar. 28, 2008]

[Paragraph (1) of this Article is amended by Act No. 19092 (Dec. 16, 2022) following the decision of nonconformity to the Constitution by the Constitutional Court on Mar. 25, 2021]

Article 22(Persons eligible for educational assistance) #

(1) Persons eligible for educational assistance (hereinafter referred to as "persons eligible for educational assistance") are as follows:

1. Soldiers or police officials wounded in action, soldiers or on active duty, Order of Military Merit recipients, Order of National Security Merit recipients, student volunteer soldiers, persons wounded in the April 19 Revolution, contributors to the April 19 Revolution, public officials wounded on active duty, special contributor wounded on active duty, and special contributors;

2. Spouses of soldiers or police officials killed in action or in the line of duty, persons killed in the April 19 Revolution, public officials killed in the line of duty, and special contributors killed in the line of duty;

3. A child of a person referred to in subparagraph 1;

4. A child or minor sibling of a soldier or police officer killed in action or in the line of duty, person killed in the April 19 Revolution, public official killed in the line of duty, special contributor killed in the line of duty, and where a person referred to in subparagraph 1 has died, any of his or her minor siblings.

(2) The State shall provide educational assistance to a person referred to in paragraph (1)3 and 4 only where he or she enters an educational institution (including admission, re-admission, special admission, or transfer; hereinafter the same shall apply) before he or she attains 30 years of age.

(3) The State may provide educational assistance to any of the following persons eligible for educational assistance in consideration of the standard of living, as prescribed by Presidential Decree:

1. An Order of Military Merit recipient, Order of National Security Merit recipient, contributor to April 19 Revolution, or special contributor;

2. A child of a person referred to in subparagraph 1;

3. A child of a person determined as falling below a disability rating prescribed by Presidential Decree among soldiers or police officials wounded in action, soldiers or police officials wounded on active duty, persons wounded in the April 19 Revolution, public officials wounded on active duty, and special contributor wounded on active duty.

(4) Where a person referred to in the subparagraphs of paragraph (3) intends to obtain educational assistance, he or she shall file an application for educational assistance with the Minister of Patriots and Veterans Affairs. In such cases, Articles 14-2 (excluding paragraph (3)) through 14-4 shall apply mutatis mutandis to procedures for verifying the standard of living of an applicant. <Amended on Mar. 4, 2023; Feb. 13, 2024>

[This Article Wholly Amended on Sep. 15, 2011]

Article 25(Exemptions of tuition fees) #

(1) Educational institutions shall exempt persons eligible for educational assistance from their tuition fees, admission fees, and educational subsidies (hereinafter referred to as "tuition fees"). <Amended on May 29, 2016>

(2) Exemptions of tuition fees, etc. shall be granted starting from the month in which a person eligible for educational assistance files an application for exemption of tuition fees, etc. with the head of an educational institution after having been determined to be registered as a person of distinguished service to the State, his or her bereaved family or family pursuant to Article 6(3); provided, among educational institutions, a college, lifelong educational institutions in the form of distant college, and educational and training institution (hereinafter referred to as "college") offering a course of study, the credits of which are recognized as those necessary to obtain an academic degree equal to or higher than a junior college, shall grant exemption of tuitions fees, etc. to a person eligible for educational assistance, beginning with the first tuition fee, etc., the deadline of which arrives after he or she applies for exemption of such tuition fee, etc. <Amended on Feb. 6, 2009; Sep. 15, 2011>

(3) Where private colleges, etc. grants an exemption of tuition fees, etc. to a person eligible for educational assistance who falls under Article 22(1)3 or 4 pursuant to paragraphs (1) and (2), the State shall subsidize half of the amount so exempted.

(4) The State may subsidize the amount equivalent to tuition fees, etc. actually borne by a person eligible for educational assistance until he or she is granted an exemption of tuition fees, etc. pursuant to paragraph (2) after he or she files an application for registration as a person who has rendered distinguished service to the State, his or her bereaved family or family; provided, where good reasons prescribed by Presidential Decree exist, such as obtaining a national subsidy for the amount of tuition fees, etc. pursuant to any other statute or regulation, the State shall not subsidize the amount equivalent thereto. <Amended on Sep. 15, 2011>

(5) The period during which the tuition fees, etc. are exempted or subsidized for persons eligible for educational assistance pursuant to paragraphs (1) through (4), standards therefor and matters necessary for subsidies, etc. for educational institutions providing educational assistance shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Mar. 28, 2008]

Article 29(Persons eligible for employment assistance) #

(1) Persons eligible to receive assistance with employment (hereinafter referred to as "person eligible for employment assistance") are as follows:

3. Spouses of persons referred to in subparagraph 1;

4. Children of soldiers or police officials killed in action, soldiers or police officials killed in the line of duty, persons killed in the April 19 Revolution, public officials killed in the line of duty, and special contributors killed in the line of duty;

5. Children of persons determined to have not less than the disability rating prescribed by Presidential Decree among soldiers or police officials wounded in action or on active duty, persons wounded in the April 19 Revolution, public officials wounded on active duty, and special contributor wounded on active duty, and children of student volunteer soldiers.

(2) Employment assistance pursuant to Articles 32 and 34 may be provided to only one person in cases of persons referred to in paragraph (1)4 and 5.

(3) A person eligible for employment assistance may be provided with employment assistance up to the number of times prescribed by Presidential Decree, by totaling the number of times of employment pursuant to Article 32(2) in relation to employment assistance provided for in Articles 32 and 34 and the number of times of employment under Article 34.

[This Article Wholly Amended on Sep. 15, 2011]

Article 31(Additional scores in employment examination) #

(1) Where an institution providing employment assistance conducts an employment examination to hire its employees, it shall add scores according to the following categories to the scores earned by any person eligible for employment assistance who applies for the examination: <Amended on Sep. 15, 2011>

1. Persons eligible for employment assistance of 10 percent of the full scores:

a. Persons referred to in Article 29(1)1;

b. Persons referred to in Article 29(1)2 and 4;

2. Persons eligible for employment assistance of 5 percent of the full scores:

a. Persons falling under Article 29(1)3;

b. Persons falling under Article 29(1)5.

(2) Where an employment examination referred to in paragraph (1) is conducted as classified into a written examination, a practical examination, an interview, etc., scores shall be added to the score earned in each examination according to classification referred to in the subparagraphs of paragraph (1), and where an examination is conducted with at least two subjects, scores shall be added to the score earned in each subject according to classification referred to in the subparagraphs of paragraph (1); provided, this shall not apply where a person eligible for employment assistance scores less than 40 percent of the full marks in any subject or in cases of an examination that cannot be calculated in terms of scores. <Amended on Sep. 15, 2011>

(3) The number of persons who passes an employment examination by receiving additional scores pursuant to paragraphs (1) and (2) (including persons who pass an employment examination by receiving additional scores pursuant to Article 16 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, Article 35 of the Act on Support for Persons Eligible for Veterans' Compensation, Article 7-9 of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations, Article 22 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement or Article 24 of the Act on Honorable Treatment of Persons of Distinguished Service during Special Missions and Establishment of Related Organizations) shall not exceed 30 percent (the numbers below a decimal point shall be discarded where the number of persons to be selected with additional scores is calculated) of the number of persons to be selected by such employment examination; provided, this shall not apply where the number of applicants is the same as or less than the number of persons to be selected. <Amended on Feb. 6, 2009; Aug. 4, 2011; Sep. 15, 2011: Dec. 22, 2015; Jan. 5, 2021>

(4) Where successful examinees are determined, if there are same score earners in excess of the number of examinees to be selected as successful ones, priority shall be given to a person eligible for employment assistance among the same score earners.

(5) Ranks, posts or positions of persons eligible for additional scores in employment examinations referred to in paragraphs (1) and (2) and other matters necessary for additional scores of an employment examination shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Mar. 28, 2008]

Article 32(Employment obligation of State agencies) #

(1) An institution providing employment assistance provided for in subparagraph 1 of Article 30, the head of which holds the authority to appoint public officials in general service and general civilian military employees prescribed by Presidential Decree (hereinafter referred to as "public officials in general service"), and which has the fixed number of public officials in general service, etc. being at least five (hereinafter referred to as "State agency") shall employ persons eligible for employment assistance as public officials in general service, etc. at least in the employment rate set by Presidential Decree (hereinafter referred to as "employment rate"). In such cases, the fixed number of public officials in general service, etc. shall be deemed included in the relevant State agency, etc. that holds the authority to employ public officials in general service, etc. <Amended on Jan. 28, 2014; Dec. 20, 2016>

(2) If the head of a State agency, etc. who fails to employ persons eligible for employment assistance as public officials in general service, etc. at least in the employment rate referred to in paragraph (1) is recommended to employ persons eligible for employment assistance by the Minister of Patriots and Veterans Affairs when he or she newly employs public officials in general service, etc., he or she shall select and specially employ persons among such recommended persons eligible for employment assistance, notwithstanding the provisions of other statutes or regulations governing the employment of public officials in general service, etc. <Amended on Sep. 15, 2011; Jan. 28, 2014; Mar. 4, 2023>

(3) When the Minister of Patriots and Veterans Affairs recommends persons eligible for employment assistance pursuant to paragraph (2), he or she shall recommend multiple persons; provided, where the number of persons eligible for employment assistance is the same as or less than the number of persons to be employed, he or she shall not recommend multiple persons. <Added on Sep. 15, 2011; Mar. 4, 2023>

(4) Matters necessary for procedures and standards for recommending persons eligible for employment assistance referred to in paragraph (2), the special employment thereof, and other matters shall be prescribed by Presidential Decree. <Amended on Sep. 15, 2011>

[This Article Wholly Amended on Mar. 28, 2008]

[Title Amended on Sep. 15, 2011]

Article 34(Special employment of veterans) #

(1) The Minister of Patriots and Veterans Affairs shall recommend multiple persons eligible for employment assistance to an enterprise, etc. which fails to meet the employment rate referred to in Article 33-2 so that the enterprise, etc. may select a person to employ, as prescribed by Presidential Decree; provided, the Minister of Patriots and Veterans Affairs needs not to recommend multiple persons eligible for employment assistance in any of the following cases: <Amended on Feb. 6, 2009; Sep. 15, 2011; Mar. 4, 2023>

1. Where persons eligible for employment assistance are those referred to in Article 29(1)1 through 3;

2. Deleted; <Sep. 15, 2011>

3. Where the number of persons who can be recommended to the relevant enterprise, etc. among the persons eligible for employment assistance who have applied for employment assistance is the same as or less than the number of persons subject to an order of employment;

4. Where it is agreed with the enterprise, etc. not to recommend multiple persons;

5. Where the Minister of Patriots and Veterans Affairs deems it impractical to recommend multiple persons.

(2) An enterprise, etc. which receives recommendation of multiple persons eligible for employment assistance under paragraph (1) shall choose persons to employ among the persons so recommended, as prescribed by Presidential Decree, and inform the Minister of Patriots and Veterans Affairs thereof. <Added on Feb. 6, 2009; Mar. 4, 2023>

(3) The Minister of Patriots and Veterans Affairs may order an enterprise, etc. to employ persons eligible for employment assistance according to the following classification, as prescribed by Presidential Decree: <Added on Feb. 6, 2009; Mar. 4, 2023>

1. Where the enterprise, etc. informs under paragraph (2): Persons eligible for employment assistance chosen by the enterprise, etc.;

2. Where the enterprise, etc. fails to inform under paragraph (2) without good cause prescribed by Presidential Decree (including cases of selecting, and informing the Minister of, the persons eligible for employment assistance in less than the number of persons to be ordered to be employed): Persons chosen among multiple persons eligible for employment assistance recommended by the Minister of Patriots and Veterans Affairs;

3. Where multiple persons are not recommended under the proviso of paragraph (1): Persons eligible for employment assistance designated by the Minister of Patriots and Veterans Affairs.

(4) Where the Minister of Patriots and Veterans Affairs orders an employment pursuant to paragraph (3), he or she shall notify the relevant persons eligible for employment assistance that they will be employed in the enterprise, etc., upon designating the enterprise, etc., as prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Mar. 4, 2023>

(5) Where the Minister of Patriots and Veterans Affairs orders an enterprise, etc. to employ persons referred to in Article 29(1)4 and 5 pursuant to paragraph (3), the upper age limit eligible for employment assistance shall be prescribed by Presidential Decree. <Amended on Sep. 15, 2011>

[This Article Wholly Amended on Mar. 28, 2008]

[Title Amended on Feb. 6, 2009]

Article 42(Medical diagnosis and treatment) #

(1) Where a soldier or police official wounded in action or wounded on active duty, person wounded in the April 19 Revolution, public official wounded on active duty, or special contributor wounded on active duty needs medical treatment on his or her injuries or contracts a disease (including injuries; hereafter in this Article the same shall apply), he or she shall receive a medical diagnosis and treatment in a national medical facility (including the veterans hospital established under Article 7 of the Korea Veterans Health Service Act; hereinafter referred to as "veterans hospital") or a medical facility of a local government, as prescribed by Presidential Decree; provided, this shall not apply to any disease he or she has contracted intentionally. <Amended on Sep. 15, 2011; Apr. 20, 2021>

(2) The State may entrust medical facilities, other than the State or a local government, with medical diagnosis and treatment prescribed in paragraph (1).

(3) Expenses incurred in rendering medical diagnosis and treatment prescribed in paragraphs (1) and (2) (including expenses for medicine; hereafter in this Article and the latter part of Article 42-2, the same shall apply) shall be borne by the State; provided, where such medical diagnosis and treatment are provided in a medical facility of any local government, the relevant local government may bear some expenses as prescribed by Presidential Decree. <Amended on Jul. 11, 2023>

(4) Where a person determined as falling below the disability rating prescribed by Presidential Decree, among soldiers or police officials wounded in action, soldiers or police officials wounded on active duty, persons wounded in the April 19 Revolution, public officials wounded on active duty and special contributors wounded on active duty, has contracted a disease other than his or her injuries and receives a medical diagnosis and treatment in any medical facilities referred to in paragraph (1) or medical facilities entrusted with such medical diagnosis and treatment pursuant to paragraph (2), the Minister of Patriots and Veterans Affairs may require him or her to bear some of the expenses for a medical diagnosis and treatment, as prescribed by Presidential Decree, notwithstanding paragraph (3). <Added on Sep. 15, 2011; Jul. 11, 2023>

(5) The following persons shall receive a medical diagnosis and treatment at a veterans hospital. In such cases, expenses for such medical diagnosis and treatment shall be reduced or exempted as prescribed by Presidential Decree, and the Minister of Patriots and Veterans Affairs may reimburse the expenses so reduced or exempted to the relevant veterans hospital within the budget: <Amended on Sep. 15, 2011; Apr. 20, 2021; Mar. 4, 2023; Jul. 11, 2023>

1. A person who has rendered distinguished service to the State, who is ineligible for medical assistance under paragraph (1);

2. The spouse of a person who rendered distinguished service to the State among his or her family members;

3. One person granted priority pursuant to the subparagraphs of Article 5(1) among the bereaved family members of a person who rendered distinguished service to the State. In such cases, if the person granted priority is the father or mother of a person who rendered distinguished service to the State, the mother or father not granted priority shall be included.

(6) When paragraph (5)3 applies, if at least two persons are granted the same order of priority among bereaved family members, Article 13(2) shall apply mutatis mutandis. <Added on Sep. 15, 2011>

(7) Any of the following persons may receive a medical diagnosis and treatment at a medical institution designated and entrusted by the Minister of Patriots and Veterans Affairs with medical diagnosis and treatment, other than a veterans hospital. In such cases, expenses for such medical diagnosis and treatment shall be reduced or exempted, as prescribed by Presidential Decree, and the State shall bear the expenses so reduced or exempted: <Added on Feb. 6, 2009; Sep. 15, 2011; Nov. 26, 2019; Apr. 20, 2021; Dec. 16, 2022; Mar. 4, 2023; Jul. 11, 2023>

1. An Order of Military Merit recipient under Article 4(1)7;

2. A student volunteer solider;

3. One person with the highest priority under Article 12(1)2 through 4 who is 75 years old or over; in such cases, where a person with the highest priority is a parent under Article 13(2)3, one parent shall be designated following consultation, etc., and other necessary matters regarding consultation, designation, etc. shall be prescribed by Presidential Decree;

4. A person with the highest priority who is 75 years old or over among the recipients of an allowance for the children of soldiers and police officials killed in the Korean War referred to in Article 16-3(1); Article 13(2) shall apply mutatis mutandis where at least two persons are granted the same order of priority in such cases.

(8) Criteria for medical assistance, such as methods and procedures for, and the scope and upper limit of medical diagnosis and treatment or subsidizing expenses for medical diagnosis and treatment under paragraphs (1) through (7) shall be prescribed by Presidential Decree. <Added on Feb. 6, 2009; Sep. 15, 2011; Jul. 11, 2023>

[This Article Wholly Amended on Mar. 28, 2008]

Article 56(Security) #

(1) In order to facilitate the purchase of farmland or houses, the Minister of Patriots and Veterans Affairs may issue a certificate of payment guarantee regarding payment of the relevant loan, as prescribed by Presidential Decree, to a person who intends to obtain a farmland purchase loan or housing loan (excluding a house improvement loan and house rental loan). <Amended on Mar. 28, 2008; Mar. 4, 2023>

(2) Any person who obtains a farmland purchase loan or housing loan (excluding a house improvement loan and house rental loan) shall provide the property to be acquired by the loan to the State as a security until the loan is repaid in full. <Amended on Mar. 28, 2008>

(3) Notwithstanding paragraph (2), in cases of a house purchase loan to buy multi-dwelling housing, such as an apartment, when the registration of ownership is expected to be delayed for a substantial period due to reasons not attributable to a person who is to obtain the loan, the Minister of Patriots and Veterans Affairs may, in applying mutatis mutandis to paragraph (5), require the provision of a security, without providing the relevant house as a security, until the house becomes available as a security. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(4) Deleted. <Mar. 28, 2008>

(5) A person who obtains a house improvement loan, house rental loan, business loan or livelihood stabilization loan shall provide real estate or veterans' benefits (excluding cost of living allowances and lump-sum death benefits; hereafter in this paragraph the same shall apply) to the State as a security; provided, where a person who obtains a loan has no real estate to provide as a security, or is not eligible to receive veterans' benefits, the Minister of Patriots and Veterans Affairs may require him or her to give a guarantor or to provide other security. <Amended on Mar. 28, 2008; Sep. 15, 2011; Mar. 4, 2023>

(6) Where the Minister of Patriots and Veterans Affairs deems it impracticable to preserve claims only by means of a security provided under paragraphs (2), (3) and (5), he or she may take measures necessary for preserving the claims. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(7) Where any of the following reasons arises to a person who has obtained a farmland purchase loan or housing loan (excluding a house improvement loan and house rental loan), the person shall, upon obtaining permission from the Minister of Patriots and Veterans Affairs, provide as a security to the State, real estate which has value not less than the amount of debts unpaid in lieu of the real estate already provided as a security; provided, in cases falling under subparagraph 3, newly purchased real estate shall be provided to the State as a security: <Amended on Mar. 28, 2008; Mar. 4, 2023>

1. Where secured property is expropriated pursuant to any Act (excluding partial expropriation which does not affect the preservation of claims);

2. Where substitution of the secured property becomes inevitable due to a natural disaster or on other similar grounds;

3. Where the sale of farmland or housing acquired by the loan becomes inevitable and real estate for the same use is purchased.

(8) Where substitution of the property provided as a security by the person who has obtained a house improvement loan, house rental loan, business loan or livelihood stabilization loan becomes inevitable due to business operations or on other compelling grounds, real estate of no less value than debts unpaid by him or her or the security determined by the Minister of Patriots and Veterans Affairs shall be provided to the State; provided, the provision of a security, other than real estate is permitted only when the amount of debts unpaid by him or her is not more than the amount prescribed by the Minister of Patriots and Veterans Affairs. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(9) Where a loan has been repaid in full, the Minister of Patriots and Veterans Affairs shall undertake procedures to cancel the relevant mortgage. <Amended on Mar. 28, 2008; Mar. 4, 2023>

[Title Amended on Mar. 28, 2008]

Article 74(Compensation to civilian military employees involved in battle) #

(1) Any of the following persons shall be deemed a soldier or police official killed in action, or wounded in action, or killed in the line of duty, or wounded on active duty according to his or her death or a disability rating, and shall be compensated accordingly: <Amended on Sep. 15, 2011; Mar. 4, 2023>

1. A civilian military employee or public official dispatched to any foreign country for military purposes, who was killed or wounded (referring to a person determined as in a disability rating on a physical examination conducted by the Minister of Patriots and Veterans Affairs) in battle or in the course of performing his or her duty corresponding thereto;

2. A war correspondent who followed the army in battle and military operations with approval from the Government, who was killed or wounded during his or her service in a war;

3. A person mobilized pursuant to the Mobilization of Labor Force in Time of War Act (Prior to repeal by Act No. 5846 of February 8, 1999), a member of a young men's association, a local defense force, a fire fighter, a volunteer fire fighter, a student soldier or members of other patriotic organizations, killed or wounded in combat action or other action corresponding thereto or education and training relevant thereto.

(2) In applying paragraph (1), Article 4(2) shall apply mutatis mutandis to specific standards for subparagraphs 1 through 3 and the scope thereof, and specific standards for subparagraph 4 and the scope thereof shall be prescribed by Presidential Decree: <Amended on Sep. 15, 2011>

1. A person killed or wounded in battle or in the course of performing his or her duty corresponding thereto under paragraph (1)1;

2. A person killed or wounded in the course of following the army in battle or military operations under paragraph (1)2;

3. A person killed or wounded in battle, during the action equivalent thereto, or education and training related thereto under paragraph (1)3;

4. A person mobilized, a member of a young men's association, a local defense force, a fire fighter, a volunteer fire fighter, a student soldier or member of other patriotic organizations under paragraph (1)3.

[This Article Wholly Amended on Mar. 28, 2008]

Article 74-5(Establishment of Patriots and Veterans Entitlement Commission) #

(1) The Patriots and Veterans Entitlement Commission shall be established under the jurisdiction of the Minister of Patriots and Veterans Affairs to deliberate and pass resolutions on the following matters related to compensation, etc. under this Act: <Amended on Nov. 26, 2019; Dec. 16, 2022; Mar. 4, 2023>

1. Matters as to whether a person who is provided for as to undergo deliberation and resolution by the Patriots and Veterans Entitlement Commission, meets the requirements for registration as a person, among persons entitled to veterans' benefits defined in subparagraph 2 of Article 3 of the Framework Act on Veterans Affairs;

2. Matters relating to determination of the degree of disability under Article 6-4;

3. Matters as to whether a further disability is approved under Article 6-5(1);

4. Matters relating to the verification of the lapse of an entitlement under Article 9;

5. Matters relating to the verification of a person who has substantially supported or raised a person who has rendered distinguished service to the State under Article 13(2)2;

6. Matters relating to review under Article 74-10;

7. Matters relating to a code of conduct and the implementation thereof under Article 74-11;

8. Matters relating to recusal of a member under Article 74-14(2);

9. Matters relating to filing objections under Article 74-18;

10. Matters relating to write-off of veterans' benefits, etc. under Article 75(4);

11. Matters relating to exemption from obligation to return veterans' benefits, etc. under Article 76;

12. Matters relating to the period of suspension of compensation and the degree of compensation under Article 78(1);

13. Matters as to whether a person referred to in Article 79(1)5 is excluded from applying the Act, and as to whether the person is determined as a person to be governed by the Act under paragraph (3) of the same Act;

14. Matters relating to the establishment of standards for examining requirements for registration as a person who has rendered distinguished service to the State, etc.;

15. Other matters prescribed in other statutes or regulations as to be under the jurisdiction of the Patriots and Veterans Entitlement Commission.

(2) The Patriots and Veterans Entitlement Commission may employ experts necessary to enhance speciality of duties of review and to conduct investigations and research related to reviews.

[This Article Added on Sep. 15, 2011]

Article 74-6(Composition and appointment of Patriots and Veterans Entitlement Commission) #

(1) The Patriots and Veterans Entitlement Commission shall be comprised of not more than 210 members, including one chairperson, and standing members of the Patriots and Veterans Entitlement Commission (hereinafter referred to as "member") shall not exceed five persons. <Amended on Jun. 8, 2021>

(2) The President shall appoint or commission the chairperson of the Patriots and Veterans Entitlement Commission (hereinafter referred to as the "chairperson") and standing members upon the recommendation of the Minister of Patriots and Veterans Affairs from among the following persons, and the Minister of Patriots and Veterans Affairs shall appoint non-standing members from among the following persons: <Amended on Jun. 8, 2021; Mar. 4, 2023>

1. A current or former public official equal to or higher than Grade IV from among persons who have at least five years’ experience in patriots and veterans affairs;

2. A person who is, or was, a public official of at least Grade III or belonging to Senior Executive Service, a superintendent general or higher-ranking police official, a fire sub-deputy chief or higher-ranking fire official, or a colonel or higher-ranking military official;

3. A person who holds or held office as a judge, public prosecutor or attorney-at-law for at least six years;

4. A current or former medical specialist referred to in Article 77 of the Medical Service Act who has been a medical doctor for at least six years;

5. A person who is or was in office equal to or higher than an associate professor or in office corresponding thereto at a college or research institute established under statutes for at least three years;

6. A non-public official who engages, or engaged, in a field related to national defense, police, or firefighting for at least 10 years;

7. A highly trusted and respected person with extensive knowledge of, and experience in, independence, patriots, democracy and any other field related to veterans.

(3) The term of office of the chairperson and a member shall be three years, respectively, and may be renewable only one further term.

[This Article Added on Sep. 15, 2011]

Article 74-8(Request for submission of data and fact-finding investigation) #

(1) Where the Patriots and Veterans Entitlement Commission deems it necessary for deliberating and passing resolutions on matters referred to in the subparagraphs of Article 74-5(1), it may request any of the following persons to submit related data or to supplement data already submitted or to submit additional data. In such cases, a person upon receipt of a request to submit data, etc. shall comply therewith unless there is a compelling reason not to do so: <Amended on Dec. 31, 2011>

1. An applicant;

2. The head of an agency with which a person was affiliated under the latter part of Article 6(3);

3. The Administrator of the Military Manpower Administration;

4. The President of the National Health Insurance Service established under Article 13 of the National Health Insurance Act;

5. The President of the Korea Workers' Compensation and Welfare Service established under Article 10 of the Industrial Accident Compensation Insurance Act;

6. The head of a premium rate calculation agency under Article 176 of the Insurance Business Act;

7. The head of a medical institution as defined in Article 3 of the Medical Service Act;

8. Other persons prescribed by Presidential Decree.

(2) Where the Patriots and Veterans Entitlement Commission deems it necessary to conduct a fact-finding investigation for deliberating and passing resolutions on matters referred to in the subparagraphs of Article 74-5(1), it may take the following measures: <Amended on Feb. 13, 2024>

1. Requesting an applicant or a witness to submit a written statement or to appear and to hearing his or her statements;

2. Conducting an on-site investigation of places, facilities, materials, etc. deemed to be related to the investigation;

3. Designating an appraiser and requesting appraisal.

(3) A member or affiliated employee who conducts a fact-finding investigation pursuant to paragraph (2) shall present identification verifying his or her authority to relevant persons. <Amended on Feb. 13, 2024>

[This Article Added on Sep. 15, 2011]

[Title Amended on Feb. 13, 2024]

Article 75(Recovery of veterans' benefits) #

(1) Where any of the following applies to a person who has obtained compensation (including a successor) pursuant to this Act, the Minister of Patriots and Veterans Affairs shall recover his or her veterans' benefits, educational subsidies (including tuition fees, etc. subsidized pursuant to Articles 25 and 25-2), vocational rehabilitation training expenses or vocational skill development training expenses referred to in Article 38, subsidies or aids for ability development referred to in Article 39, subsidies for medical treatment referred to in Articles 42 and 42-2, subsidies under Article 55 and subsidies for long-term care assistance referred to in Article 63-2 (hereinafter referred to as "veterans' benefits, etc."), but where a person liable to pay falls under subparagraph 1 for reasons attributable to him or her, the amount of veterans' benefits, etc. he or she has received plus the interest prescribed by Presidential Decree shall be recovered; provided, a successor shall be obligated to pay within the limit of the property he or she has inherited: <Amended on Feb. 6, 2009; Sep. 15, 2011; Apr. 20, 2021; Dec. 16, 2022; Mar. 4, 2023>

1. Where he or she has obtained compensation by fraud or other improper means;

2. Where the ground for obtaining compensation lapses retroactively after having obtained such compensation;

3. Where benefits were paid by mistake.

(2) Where a person liable to pay the amount to be recovered under paragraph (1) fails to pay it by the deadline, the Minister of Patriots and Veterans Affairs shall collect the amount of arrears, as prescribed by Presidential Decree. <Added on Dec. 16, 2022; Mar. 4, 2023>

(3) Where a person who is liable to pay the amount to be recovered or the amount of arrears under paragraph (1) or (2) fails to pay it by the deadline, the Minister of Patriots and Veterans Affairs may collect it in the same manner as national taxes are compulsorily collected. <Amended on Dec. 16, 2022; Mar. 4, 2023>

(4) Where the Minister of Patriots and Veterans Affairs recovers or collects the amount to be recovered or the amount of arrears pursuant to paragraphs (1) through (3), the Minister may write off such amount if it is deemed impracticable to recover or collect said money as the whereabouts of the person liable to pay are unknown, no property belonging to him or her exists, and other unavoidable causes exist. <Amended on Dec. 16, 2022; Mar. 4, 2023>

[This Article Wholly Amended on Mar. 28, 2008]

Article 77(Requests to provide data) #

(1) The Minister of Patriots and Veterans Affairs may request the heads of related agencies to provide resident registration information, matters regarding family relationship registration, matters regarding the registration of Korean nationals residing abroad, data regarding military service, data regarding national taxes and local taxes, data regarding income and assets, data regarding various pensions and insurances, such as the national pension and health insurance, data regarding the receipt of livelihood benefits, housing benefits, medical benefits, and educational benefits, information about entry into and departure from the Republic of Korea, etc. in order to conduct the following affairs; in such cases, the heads of related agencies requested to do so shall comply with such request unless there is good cause: <Amended on Mar. 4, 2023; Jul. 11, 2023; Feb. 13, 2024; Jan. 21, 2025>

1. Registration of persons who have rendered distinguished service to the State, their bereaved families or their families under Article 6;

2. Affairs concerning the reporting of changes in persons who have rendered distinguished service to the State, their bereaved families or their families under Article 6-2;

3. Payment of veterans' benefits under Article 11;

3-2. Payment of cost of living allowances under Article 14-2;

4. Investigation to ascertain whether an entitlement to the cost of living allowance has arisen or has been lost under Article 14-3(1) (including cases where this paragraph is applied mutatis mutandis pursuant to latter part of Article 22(4));

5. Subsidizing tuition fees, etc. to private colleges, etc. under Article 25(3);

6. Checking the actual status of the appointment or employment by institutions providing employment assistance under Articles 33(2) and 33-3(2);

6-2. Paying expenses for prescription drugs included in the expenses for medical diagnosis and treatment under Article 42(7);

7. Providing loans under Article 52(2);

8. Providing security and preserving claims under Articles 56(3), (5) and (6);

9. Tasks regarding succession to loans provided for in Article 62;

10. Subsidizing long-term medical care assistance under Article 63-2;

11. Preferential allotment of housing prescribed in Article 68;

11-2. Provision of funeral services under Article 68-3;

12. Recovery and write-off of veterans' benefits, etc. under Article 75;

13. Suspension of compensation under Article 78;

14. Exclusion from eligibility for application of this Act under Article 79.

(2) To verify the data and information referred to in paragraph (1), the Minister of Patriots and Veterans Affairs may jointly use the information system provided for in Article 6-2(1) of the Social Welfare Services Act. <Amended on Jun. 8, 2021; Mar. 4, 2023>

(3) No person who performs or performed affairs under paragraphs (1) and (2) shall retrieve or use the materials or information under paragraph (1) for purposes other than those prescribed by this Act, nor shall provide or divulge such materials or information to other persons or institutions.

(4) The specific scope of data or information which the Minister of Patriots and Veterans Affairs may request the heads of related agencies to provide pursuant to paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Oct. 31, 2017]

Article 79(Exclusion from eligibility for application of this Act) #

(1) Where a person who has rendered distinguished service to the State to whom this Act applies or is to be applied falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude him or her from eligibility for the application of this Act and shall not pay to him or her, his or her bereaved family or family the full compensation to be received pursuant to this Act or any other Acts: <Amended on Apr. 15, 2010; Sep. 15, 2011; Dec. 18, 2012; Apr. 5, 2013; Jan. 6, 2016; Oct. 31, 2017; Jan. 16, 2018; Jun. 8, 2021; Mar. 4, 2023>

1. A person upon whom a sentence of imprisonment without labor or heavier punishment imposed for a violation of the National Security Act becomes final and conclusive;

2. A person upon whom a sentence of imprisonment without labor or heavier punishment imposed for a violation of any provision of Articles 87 through 90, 92 through 101, and 103 of the Criminal Act becomes final and conclusive;

3. A person upon whom a sentence of imprisonment without labor for at least one year or heavier punishment imposed for any of the following crimes becomes final and conclusive:

a. A crime or attempted crime provided for in Articles 250 through 253; a crime provided for in Article 264; a crime or attempted crime provided for in Article 279; a crime or attempted crime provided for in Article 285; a crime provided for in Articles 287 through 292 and 294; a crime provided for in Articles 297, 297-2, 298 through 301, 301-2, 302, 303 and 305; a crime or attempted crime provided for in Article 332 (limited to habitual offenders provided for in Articles 329 through 331); a crime or attempted crime provided for in Articles 333 through 336; a crime provided for in Articles 337 through 339 or an attempted crime provided for in Article 337, the former part of Article 338 and Article 339; a crime or attempted crime provided for in Article 341; a crime or attempted crime provided for in Article 351 (limited to habitual offenders provided for in Articles 347,347-2,348,350, and 350-2) of the Criminal Act; and a crime provided for in Article 363;

b. The crime under Articles 2(1), 3(3), and 6 (limited to an attempt to commit crimes under Articles 2(1) and 3(3) of the same Act) of the Punishment of Violences Act before being amended by Act No. 13718;

c. A crime provided for in Articles 5, 5-2,5-4 and 5-5 of the Act on the Aggravated Punishment of Specific Crimes;

d. The crime under Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes;

e. Any crime under Articles 3 through 10 and 15 of the Act on Special Cases concerning the Punishment of Sexual Crimes (limited to an attempt to commit any crime under Articles 3 through 9);

f. The crime under Articles 7, 8, and 11 through 16 of the Act on the Protection of Children and Youth against Sexual Abuse;

g. A crime provided for in Articles 11, 11-2, 12, 13, 13-2 and 15 of the Military Secret Protection Act;

h. A crime provided for in subparagraphs 1-2 or 1-3 of Article 95-2 of the Telecommunications Business Act.

4. A public official provided for in Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act, and an employee prescribed by Presidential Decree who ordinarily engages in public service in the State or a local government, and has been sentenced to imprisonment without labor for at least one year and the punishment on whom becomes final and conclusive for having committed a crime provided for in Articles 129 through 133, 355 through 357 of the Criminal Act, or a crime provided for in Articles 2 and 3 of the Act on the Aggravated Punishment of Specific Crimes;

5. A person who has habitually committed any demeaning act prescribed by Presidential Decree.

(2) Where the bereaved family or family of a person who has rendered distinguished service to the State, to whom this Act applies or is to be applied, falls under any subparagraph of paragraph (1), the Minister of Patriots and Veterans Affairs shall exclude him or her from eligibility of the application of this Act and shall not pay all compensation he or she is entitled to. <Amended on Sep. 15, 2011; Mar. 4, 2023>

(3) Where a person excluded from eligibility of the application of this Act pursuant to paragraph (1) falls under any of the following subparagraphs, only when that person is deemed to repent conscientiously, the Minister of Patriots and Veterans Affairs may determine him or her to be a beneficiary under this Act and grant compensation, upon receipt of an application for registration pursuant to Article 6; provided, this shall not apply where the person falls under paragraph (1)2: <Amended on Feb. 6, 2009; May 29, 2016; Mar. 4, 2023>

1. Where he or she was sentenced to imprisonment or more severe punishment, and three years have passed from the date the sentence was completed or he or she was confirmed not to have served the sentence;

2. Deleted; <Feb. 6, 2009>

3. In cases other than subparagraph 1, when two years have passed since the date he or she were excluded from eligibility for application of this Act.

(4) Where the Minister of Patriots and Veterans Affairs excludes a person who has rendered distinguished service to the State, his or her bereaved family or family from eligibility of the application of this Act on a ground provided for in paragraph (1)5 or when he or she determines a person excluded from eligibility of the application of this Act pursuant to paragraph (3) as a person eligible to be governed by this Act again, he or she shall pass a resolution thereon by the Patriots and Veterans Entitlement Commission. <Amended on Sep. 15, 2011; May 29, 2016; Mar. 4, 2023>

(5) Where the Minister of Patriots and Veterans Affairs intends to suspend compensation pursuant to Article 78(2) or exclude a person from eligibility under this Act pursuant to paragraphs (1) and (2), he or she may request that the heads of the relevant agencies provide criminal history records or information about imprisonment in a correctional facility of a person who has rendered distinguished service to the State, or his or her bereaved family or family. <Amended on Oct. 31, 2017; Dec. 16, 2022; Mar. 4, 2023>

(6) The Minister of Patriots and Veterans Affairs shall confirm at least once a year whether a person who has rendered distinguished service to the State, or his or her bereaved family or family has been sentenced to imprisonment without labor or heavier punishment for committing a crime under Article 78(2) and the punishment has become final and conclusive or whether the person falls under any of paragraph (1)1 through 4 of this Article. In such cases, the Minister may request that the heads of the relevant agencies provide criminal history records or information about imprisonment in a correctional facility under paragraph (5). <Added on Dec. 16, 2022; Mar. 4, 2023>

(7) The head of a relevant agency, upon receipt of a request for criminal history records or information about imprisonment in a correctional facility under paragraph (5) or (6), shall comply therewith, unless there is good cause. <Added on Dec. 16, 2022>

[This Article Wholly Amended on Mar. 28, 2008]

ACT ON THE HONORABLE TREATMENT OF AND SUPPORT FOR PERSONS OF DISTINGUISHED SERVICE TO THE STATE

Article 1(Purpose) #

Article 2(Fundamental concepts of honorable treatment) #

Article 3(Policy measures of the government) #

Article 4(Eligibility of persons of distinguished service to the State) #

Article 5(Scope of bereaved family members or family members) #

Article 6(Registration and determination) #

Article 6-2(Reports of changes of persons who rendered distinguished service to the State) #

Article 6-3(Physical examinations) #

Article 6-4(Classification and determination of disability ratings) #

Article 6-5(Further approval of disabilities) #

Article 6-6(Special cases concerning determination of disability ratings) #

Article 6-7(Special cases concerning registration and determination of cases without bereaved family members of soldiers killed in the Korean war) #

Article 7(Principles of compensation) #

Article 7-2(Special cases concerning compensation to persons of distinguished service to the State registered according to disability ratings) #

Article 7-3(Special cases concerning compensation to Koreans with foreign nationalities) #

Article 8 #

Article 9(Time when entitlements to compensation arise and lapse) #

Article 10(Duty to maintain dignity) #

Article 11(Types of veterans' benefits) #

Article 12(Monetary compensation) #

Article 12-2 #

Article 13(Priority to receive monetary compensation) #

Article 14(Cost of living allowances) #

Article 14-2(Application for payment of cost of living allowance) #

Article 14-3(Investigations and inquiries) #

Article 14-4(Provision of financial information) #

Article 14-5(Promotion of application for cost of living allowances) #

Article 15(Nursing allowances) #

Article 15-2(Family allowances) #

Article 16(Severe disability supplemental allowances) #

Article 16-2(Allowances for military merit honor) #

Article 16-3(Allowances for children of soldiers and police officials killed in the Korean War) #

Article 16-4(Allowances for contribution to April 19 Revolution) #

Article 17(Lump-sum death benefits) #

Article 17-2(Payment of veterans’ benefits) #

Article 18(Payment of unpaid veterans’ benefits) #

Article 19(Protection of entitlements) #

Article 20(Suspension of payment of veterans' benefits) #

Article 21(Educational assistance) #

Article 22(Persons eligible for educational assistance) #

Article 22-2(Educational institutions) #

Article 23(Obligation to enroll persons eligible for educational assistance in educational institutions) #

Article 24(School admission procedures) #

Article 25(Exemptions of tuition fees) #

Article 25-2(Assistance to persons eligible for educational assistance attending foreigners’ schools) #

Article 26(Payment of educational subsidies) #

Article 27 #

Article 28(Employment assistance) #

Article 29(Persons eligible for employment assistance) #

Article 30(Institutions providing employment assistance) #

Article 31(Additional scores in employment examination) #

Article 31-2(Applications filed for employment assistance) #

Article 32(Employment obligation of State agencies) #

Article 33(Verification of actual status of employment of persons eligible for employment assistance by State agencies) #

Article 33-2(Priority employment obligation of enterprises) #

Article 33-3(Reporting by enterprises) #

Article 34(Special employment of veterans) #

Article 34-2(Restrictions on employment assistance) #

Article 35(Criteria for success in physical examinations) #

Article 35-2(Addition of military service period to salary class) #

Article 36(Prohibition of discrimination) #

Article 37(Notification of fact of employment) #

Article 37-2(Calculation of number of appointed or employed persons) #

Article 38(Vocational training) #

Article 39(Payment of subsidies for ability development) #

Article 40 #

Article 41(Provision of medical assistance) #

Article 42(Medical diagnosis and treatment) #

Article 42-2(Medical treatment during disasters) #

Article 43 #

Article 43-2(Provision of prosthetic devices) #

Article 44(Medical rehabilitation) #

Article 44-2(Psychological rehabilitation) #

Article 45(Subsidies of expenses securing medical facilities) #

Article 46(Loans) #

Article 47(Persons eligible for loans) #

Article 48(Financial resources for loans) #

Article 49(Types of loans) #

Article 50(Maximum amount of loan) #