ENFORCEMENT DECREE OF THE ACT ON ASSISTANCE TO PATIENTS SUFFERING FROM ACTUAL OR POTENTIAL AFTEREFFECTS OF DEFOLIANTS AND ESTABLISHMENT OF RELATED ORGANIZATIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations and other matters necessary for the implementation thereof. <Amended on Apr. 17, 2012; Dec. 21, 2012>

[This Article Wholly Amended on Apr. 6, 2009]

Article 2(Application for Registration) #

Any person who intends to be registered as a patient suffering from actual aftereffects of defoliants, a patient suffering from potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants pursuant to Article 4 (1) of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations (hereinafter referred to as the "Act"), or a person who intends to be registered as a bereaved family member of the deceased patients suffering from actual aftereffects of defoliants, etc. under Article 8 (1) of the Act (hereinafter referred to as "bereaved family member of a deceased patient suffering from actual aftereffects of defoliants, etc.") pursuant to paragraph (2) of that Article, shall file a written application for registration with the Minister of Patriots and Veterans Affairs, accompanied by the document prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs. <Amended on Apr. 17, 2012; Dec. 21, 2012; Jun. 21, 2016; May 23, 2023>

[This Article Wholly Amended on Apr. 6, 2009]

Article 3(Request for Verification) #

(1) In receipt of an application pursuant to Article 2, the Minister of Patriots and Veterans Affairs shall submit a written request to verify whether any of the following persons (hereinafter referred to as "person subject to verification of service") has served in the form prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs, to the Minister of National Defense: <Amended on Jun. 21, 2016; May 23, 2023>

1. A person who files an application for registration as a patient suffering from actual aftereffects of defoliants;

2. A person who files an application for registration as a patient suffering from potential aftereffects of defoliants;

3. A deceased patient suffering from actual aftereffects of defoliants, etc. if a person files an application for registration as a bereaved family member of the deceased patient suffering from actual aftereffects of defoliants, etc.

(2) In receipt of a request for verification pursuant to paragraph (1), the Minister of National Defense shall provide a verification notice prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs to the Minister of Patriots and Veterans Affairs, without delay, after verifying whether a person is a Vietnam War veteran, etc. <Amended on Jun. 21, 2016; May 23, 2023>

(3) Deleted. <Jun. 21, 2016>

(4) Where a person subject to verification of service either fails to file an objection within 30 days after he or she is notified that he or she does not fall under any of the following cases pursuant to the latter part of Article 4 (5) of the Act, or is confirmed that he or she does not fall thereunder despite his or her objection, an application for registration filed under Article 2 shall be deemed to have been rejected: <Amended on Jun. 21, 2016>

1. A Vietnam War veteran defined in subparagraph 2 (a) of Article 2 of the Act;

2. A veteran who served in an area adjoining the Southern Limit Line defined in subparagraph 2 (b) of Article 2 of the Act.

[This Article Wholly Amended on Apr. 6, 2009]

Article 4(Medical Examinations) #

In any of the following cases, the head of a veterans hospital specified in Article 7 of the Korea Veterans Health Service Act (hereinafter referred to as "head of a veterans hospital") shall inform a person subject to a medical examination of the date and time and place of a medical examination:

1. Where the head of a veterans hospital receives a request for medical examination pursuant to Article 4 (4) of the Act;

2. Where the head of a medical institution discovers a patient suffering from actual aftereffects of defoliants, a patient suffering from potential aftereffects of defoliants, or a second-generation patient suffering from actual aftereffects of defoliants in the course of medical treatment; and sends the relevant medical treatment records, etc. of such patient pursuant to Article 7 (3) of the Act;

3. Where any person is diagnosed as a patient suffering from actual potential aftereffects of defoliants, a patient suffering from potential aftereffects of defoliants, or a second-generation patient suffering from actual aftereffects of defoliants in the course of medical treatment pursuant to Article 7 (4) of the Act.

[This Article Wholly Amended on Apr. 6, 2009]

Article 5(Documentary Examination) #

"Person with grounds prescribed by Presidential Decree" in the latter part of Article 4 (6) of the Act means the following persons:

1. A person recognized by the head of a veterans hospital as requiring documentary examinations for purposes of protecting persons subject to medical examinations, etc. from the risk of infection, upon the issuance of a crisis alert of a serious level under Article 38 of the Framework Act on the Management of Disasters and Safety due to the outbreak of a Class 1 infectious disease under the Infectious Disease Control and Prevention Act;

2. Patients at the end of life or terminal patients defined in the Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients at the End of Life, who are recognized by the head of a veterans hospital as requiring documentary examinations;

3. A patient who has difficulty moving to a place for examination such as a patient with a serious cancer, serious cerebrovascular disease, serious cardio-cerebrovascular disease, severe burn, serious trauma, etc., who is recognized by the head of a veterans hospital as requiring documentary examinations;

4. A person who died before receiving a medical examination without any reason attributable to him or her;

5. A person found to be subject to the Act under Articles 4 (7) and 7 (5) of the Act according to the adjudication of an administrative appeal or a final and conclusive judgment of a court.

[This Article Newly Inserted on Feb. 17, 2022]

Article 6(Medical Reexaminations) #

(1) Where a person, in receipt of a notice of determination pursuant to Article 4 (7) of the Act or Article 8 (2) of this Decree, has an objection to such determination, he or she may file an application for medical reexamination with the Minister of Patriots and Veterans Affairs within 60 days from the date of receipt of such notice, clearly indicating the ground for the objection. <Amended on Jun. 21, 2016; May 23, 2023>

(2) The Minister of Patriots and Veterans Affairs in receipt of an application under paragraph (1) shall request the head of a veterans hospital to conduct a medical reexamination. <Amended on Jun. 21, 2016; May 23, 2023>

(3) If a person subject to a medical reexamination referred to in paragraph (2) falls under the subparagraphs of Article 5, the head of a veterans hospital may conduct the medical reexamination in writing. <Newly Inserted on Feb 17, 2022>

[This Article Wholly Amended on Apr. 6, 2009]

Article 6-2(Compensation to Patients Suffering from Actual Aftereffects of Defoliants) #

(1) Any person entitled to compensation pursuant to Article 6 (4) of the Act shall be as follows: <Amended on Jun. 21, 2016>

1. A person (hereinafter referred to as "person entitled to compensation") who was initially assigned any disability rating on the ground of having potential aftereffects of defoliants in the course of a medical examination under Article 6-2 of the Act, becoming actual aftereffects of defoliants thereafter (hereinafter referred to as "disease giving rise to a claim for compensation"); and who is assigned a veterans disability rating under Article 6-4 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (hereinafter referred to as "veterans disability ratings") in the course of a physical examination under Article 6-3 (2) 1 or 2 of that Act;

2. A bereaved family member of the person entitled to compensation whose disease giving rise to a claim for compensation is determined as actual aftereffects of defoliants after his or her death. In such cases, Article 13 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the priority order among the bereaved family members entitled to compensation.

(2) The amount of compensation referred to in Article 6 (4) of the Act shall be as follows: <Amended on Jun. 21, 2016>

1. A person entitled to compensation under paragraph (1) 1: The amount calculated by deducting the sum of the amount of compensation already received pursuant to the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and the amount of allowances already received pursuant to Article 7-3 of the Act from the amount of compensation to be received pursuant to Article 12 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, for the period from the month including the date an application for registration is filed pursuant to Article 4 of the Act on the ground of suffering from the disease giving rise to a claim for compensation (referring to cases where a person entitled to compensation is initially assigned a disability rating in the course of a physical examination under Article 6-2 of the Act; hereinafter the same shall apply) to the month including the date a person entitled to compensation is assigned a veterans disability rating on the ground that the disease giving rise to a claim for compensation becomes actual aftereffects of defoliants;

2. A bereaved family member of the person entitled to compensation under paragraph (1) 2: The amount calculated as follows:

Article 7(Physical Examination) #

Article 7-2(Procedures for Rating Disabilities) #

(1) Disabilities of patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants under Article 6-2 (2) of the Act shall be rated by the Minister of Patriots and Veterans Affairs after medical doctors, such as medical specialists in the relevant fields, commissioned by the heads of veterans hospitals conduct physical examinations. In such cases, standards for rating disabilities shall be as specified in attached Tables 1 and 2 as at the time of rating. <Amended on Jun. 21, 2016; Jan. 7, 2020; May 23, 2023>

(2) If necessary to determine disability ratings under paragraph (1), the Minister of Patriots and Veterans Affairs may consult with medical doctors in the relevant field. <Amended on May 23, 2023>

(3) Allowances may be paid to medical doctors who conduct physical examinations pursuant to paragraph (1) and medical doctors who provide consultation pursuant to paragraph (2) within the budget.

(4) Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the detailed procedures for disability ratings for patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants, and the appointment of medical doctors who provide consultation shall be determined by the Minister of Patriots and Veterans Affairs. <Amended on May 23, 2023>

[This Article Newly Inserted on Sep. 28, 2012]

[Moved from Article 9-2 <Jun. 21, 2016>]

Article 8(Medical Treatment of Patients Suffering from Potential Aftereffects of Defoliants) #

(1) Where it is deemed impracticable for a veterans hospital to provide medical treatment to patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants, due to the need of intensive medical treatment, the lack of medical facilities, or other reasons, the Minister of Patriots and Veterans Affairs may outsource such medical treatment to any medical institution specified in Article 3 of the Medical Service Act, pursuant to Article 7 (2) of the Act. <Amended on Jun. 21, 2016; May 23, 2023>

(2) Where the Minister of Patriots and Veterans Affairs outsources medical treatment pursuant to paragraph (1), he or she shall determine the date and time, and place of medical treatment in consultation with the head of the relevant veterans hospital or the head of the medical institution to which medical treatment is outsourced pursuant to paragraph (1), and inform, without delay, a person subject to medical treatment of such date and time, and place. <Amended on Jun. 21, 2016; May 23, 2023>

(3) Articles 62 (1) and 63 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the medical treatment of patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants under Article 7 (1) and (2) of the Act. In such cases, "military personnel or police officers wounded in action or on duty, persons wounded during the April 19 Revolution, public officials wounded on duty and special contributors wounded on duty" and "persons subject to medical treatment" shall be construed as "patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliants", respectively. <Amended on Jun. 21, 2016>

(4) Article 64-2 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the medicine expenses to be reimbursed by patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants.

[This Article Wholly Amended on Apr. 6, 2009]

Article 8-2(Out-of-Pocket Expenses) #

Where a patient suffering from potential aftereffects of defoliants or second-generation patient suffering from actual aftereffects of defoliants whose disability is rated lower than moderate degree referred to in attached Table 1 or 2 under the proviso of Article 7 (7) of the Act, receives medical treatment for any disease other than the disease giving rise to the determination and registration, he or she shall pay 10 percent of the out-of-pocket expenses incurred in that medical treatment, as prescribed by Ordinance of the Ministry of Patriots and Veterans: Provided, That where such person receives emergency treatment pursuant to Article 62 (1) 1 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State which applies mutatis mutandis in accordance with Article 8 (3) on the ground that emergency symptoms referred to in Article 63 (3) of that Decree occur, the State shall fully pay expenses incurred in such emergency treatment, as prescribed by Ordinance of the Ministry of Patriots and Veterans. <Amended on Dec. 29, 2017; Apr. 30, 2018; Jan. 5, 2021; May 23, 2023>

[This Article Newly Inserted on Jun. 21, 2016]

Article 8-3(Methods and Scope of Medical Assistance) #

Except as otherwise provided in Articles 8 and 8-2, matters necessary for medical assistance to patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliants, such as methods and scope of providing medical treatment and subsidizing medical expenses, shall be prescribed by Ordinance of the Ministry of Patriots and Veterans. <Amended on May 23, 2023>

[This Article Newly Inserted on Jun. 21, 2016]

Article 8-4(Providing Prosthetic Devices) #

(1) Any person who intends to be provided with a prosthetic device pursuant to Article 7-2 of the Act shall file an application with the Minister of Patriots and Veterans Affairs. <Amended on May 23, 2023>

(2) In receipt of an application pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs shall provide the prosthetic device after verifying whether the prosthetic device is necessary. In such cases, the types of and standards for the provision of prosthetic devices shall be determined by the Minister of Patriots and Veterans Affairs. <Amended on May 23, 2023>

(3) Where a prosthetic device is worn out or broken and needs to be repaired, a person provided with such prosthetic device pursuant to paragraph (2) may request the repair thereof from the Minister of Patriots and Veterans Affairs. <Amended on May 23, 2023>

[This Article Newly Inserted on Apr. 17, 2012]

[Moved from Article 10 <Jun. 21, 2016>]

Article 9(Disability Ratings of Patients Suffering from Potential Aftereffects of Defoliants and Payment of Allowances) #

(1) The disability ratings, and the amount of allowances to be paid to, patients suffering from potential aftereffects of defoliants and second-generation patients suffering from actual aftereffects of defoliants under Article 7-3 (1) of the Act, shall be as listed in attached Tables 1 and 2. <Amended on Jun. 21, 2016>

(2) "In extenuating circumstances prescribed by Presidential Decree, such as damage of information and communications networks (referring to the information and communications network referred to in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply)" in the proviso of Article 7-3 (3) of the Act means any of the following cases: <Amended on Jun. 21, 2016; May 23, 2023>

1. Where a postal service office or bank at which an account under paragraph (1) (referring to an account of a postal service office provided for in the Postal Savings and Insurance Act (hereinafter referred to as "postal service office") or a bank provided for in the Banking Act (hereinafter referred to as "bank"); hereinafter the same shall apply) is opened, cannot transfer allowances because it is impracticable to operate its business normally due to the closure or suspension of such business, damage of information and communications, or other similar reason;

2. Where the Minister of Patriots and Veterans Affairs deems that it is inevitable to pay allowances in cash.

(3) Articles 29, 30, 32-2 (2) (excluding the case of loss of nationality from causes for changes in personal circumstances referred to in the proviso of that paragraph) and (3), 32-3, and 33 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State shall apply mutatis mutandis to the payment of allowances under paragraphs (1) and (2). <Amended on Mar. 9, 2021>

[This Article Wholly Amended on Apr. 6, 2009]

Article 9-2(Amount Subject to Prohibition of Seizure) #

"Amount prescribed by Presidential Decree" in Article 7-4 (3) of the Act means the full amount of monthly allowances paid pursuant to Article 7-3 (4) of the Act.

[This Article Newly Inserted on Jun. 21, 2016]

[Previous Article 9-2 moved to Article 7-2 <Jun. 21, 2016>]

Article 9-3(Education Assistances for Persons Entitled to Allowances) #

(1) "Disability ratings prescribed by Presidential Decree" in Article 7-5 (2) of the Act means the moderate degree of disability under attached Table 1. <Amended on Apr. 30, 2018>

(2) A person falling under Article 7-5 (2) of the Act shall be provided with education assistance, only where he or she satisfies the standards determined and publicly notified by the Minister of Patriots and Veterans Affairs in consideration of the standard median income referred to in subparagraph 11 of Article 2 of the National Basic Living Security Act as well as statistical data from the household income and expenditure surveys (whole country) designated and publicly notified by the Commissioner of the Statistic Korea in accordance with subparagraph 2 of Article 3 of the Statistics Act. <Amended on May 23, 2023>

(3) Articles 35 through 37, 40 through 42, 42-2, 42-3, 43, and 44 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the details, methods, etc. of education assistance under Article 7-5 of the Act. In such cases, "Article 22 (1) of the Act" shall be construed as "Article 7-5 (1) of the Act", "Article 22 (1) 1 or 2 of the Act" as "Article 7-5 (1) 1 of the Act" and "Article 22 (1) 3 or 4 of the Act" as "Article 7-5 (1) 2", respectively.

[This Article Wholly Amended on Jun. 21, 2016]

Article 9-4(Methods of and Procedures for Applying for Education Assistance) #

(1) Any person who intends to receive education assistance in accordance with Article 7-6 (1) of the Act (hereinafter referred to as "applicant for education assistance") shall file an application for education assistance with the Minister of Patriots and Veterans Affairs, accompanied by related documents, such as a report on his or her income and property, and a written consent to the provision of his or her financial information, as prescribed by Ordinance of the Ministry of Patriots and Veterans. <Amended on May 23, 2023>

(2) Except as provided in paragraph (1), matters necessary for the methods of and procedures for applying for education assistance shall be prescribed by Ordinance of the Ministry of Patriots and Veterans. <Amended on May 23, 2023>

[This Article Newly Inserted on Jun. 21, 2016]

Article 9-5(Scope of Financial Information) #

(1) "Average deposit balance, and other materials or information prescribed by Presidential Decree" in Article 7-6 (2) 1 of the Act means the following materials or information:

1. Demand deposits, such as an ordinary deposit, a savings deposit and a preferential savings deposit: Average balance within the last three months;

2. Savings deposits, such as a term deposit, installment savings deposit, a term saving: Balance of deposit or total amount of deposit;

3. Stocks, beneficiary certificates, investment money, investment shares, real estate trust, or pension trust: The final market value: In such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the evaluation of the value of unlisted stocks;

4. Bonds, promissory notes, checks, debt certificates, certificates of preemptive rights, or certificates of deposit: The face value;

5. Pension savings: The amount paid periodically or the final balance.

(2) "Amount of debts, and other materials or information prescribed by Presidential Decree" in Article 7-6 (2) 2 of the Act means the following materials or information:

1. Current loans and details of arrears;

2. Unsettled credit card balance.

(3) "Materials or information prescribed by Presidential Decree" in Article 7-6 (2) 3 of the Act means the following materials or information:

1. Insurance policy: An amount to be refunded if the insurance contract is canceled or an insurance payout paid within the last one year;

2. Pension insurance: An amount to be refunded if the insurance contract is canceled or an amount paid periodically.

[This Article Newly Inserted on Jun. 21, 2016]

Article 9-6(Inspections for Verification) #

(1) In receipt of an application for education assistance pursuant to Article 7-6 of the Act, or where deemed necessary to verify eligibility for education assistance, the Minister of Patriots and Veterans Affairs shall inspect the income and property of an education assistance applicant and education assistance recipient (referring to persons who are receiving education assistance in accordance with Article 7-5 (2) of the Act; hereinafter the same shall apply) and persons under a duty to support the applicant or recipient (referring to the spouse, parents, children, and children's spouses who are under a duty to support the applicant or recipient; hereinafter the same shall apply), whether any person under a duty actually supports the applicant or recipient, and the capability for work; and shall notify the education assistance applicant and education assistance recipient of the outcomes of such inspection. <Amended on May 23, 2023>

(2) Except as provided in paragraph (1), matters necessary for inspections referred to in Article 7-7 of the Act, shall be prescribed by Ordinance of the Ministry of Patriots and Veterans. <Amended on May 23, 2023>

[This Article Newly Inserted on Jun. 21, 2016]

Article 9-7(Request for and Provision of Financial Information) #

(1) Where the Minister of Patriots and Veterans Affairs requests the head of a finance company, etc. (referring to a finance company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, and a credit information collection agency specified in Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, etc. (referring to financial information, credit information, and insurance information specified in Article 7-6 (2) of the Act; hereinafter the same shall apply) of an education assistance applicant, education assistance recipient, and persons under a duty to support the applicant or recipient, he or she shall include the following matters in the details of the request: <Amended on Aug. 4, 2020; Oct. 19, 2021; May 23, 2023>

1. Names and resident registration numbers of an education assistance applicant, an education assistance recipient, and persons under a duty to support the applicant or recipient;

2. Scope of financial information, etc., requested, the base date of inquiry, and the period for inquiry.

(2) Where the head of a finance company, etc. in receipt of a request pursuant to paragraph (1) provides relevant financial information, etc. to the Minister of Patriots and Veterans Affairs, he or she shall provide the following matters: <Amended on May 23, 2023>

1. Names and resident registration numbers of an education assistance applicant, an education assistance recipient, and persons under a duty to support the applicant or recipient;

2. Names of the finance company, etc. that provides financial information, etc.;

3. Names of the financial products to be informed and account numbers thereof;

4. Details of financial information, etc.

(3) The Minister of Patriots and Veterans Affairs may request the head of a finance company, etc. to provide financial information, etc. through the information and communications network of an association, federation, or national federation in which the finance company, etc. has joined. <Amended on May 23, 2023>

(4) The Minister of Patriots and Veterans Affairs shall request the finance company to provide financial information, etc. of an education assistance applicant, an education assistance recipient, and persons under a duty to support the applicant or recipient in accordance with Article 7-8 (2) of the Act, to the minimum extent necessary to conduct an inspection to verify whether the applicant, recipient or persons under a duty of support are entitled to education assistance. <Amended on May 23, 2023>

Article 9-8(Employment Assistance) #

(1) "Disability ratings prescribed by Presidential Decree" in Article 7-9 (1) 3 and the latter part of Article 7-9 (3) of the Act means the moderate degree of disability under attached Table 1. <Amended on Apr. 30, 2018>

(2) Articles 46-2 (2), 47 through 49, 49-2, 50 through 56, 58 through 61, and 61-2 through 61-4 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the details and methods of employment assistance provided under Article 7-9 of the Act. In such cases, "military personnel or police officers wounded in action or on duty, persons wounded during the April 19 Revolution, public officials wounded on duty, and special contributors wounded on duty" shall be construed as "patients suffering from potential aftereffects of defoliants who are entitled to allowances under Article 7-9 (1) 1 of the Act."

[This Article Newly Inserted on Jun. 21, 2016]

Article 9-9(Criteria for Payment of Living Allowances) #

Living allowances under Article 7-10 of the Act shall be paid in an amount of 100 thousand won per month to a person who meets the standards determined and publicly notified by the Minister of Patriots and Veterans Affairs, in consideration of the standard median income defined in the National Basic Living Security Act, the amount of household consumption and expenditure of households nationwide according to household surveys and statistics out of the designated statistics defined in the Statistics Act, and other factors. <Amended on May 23, 2023>

[This Article Newly Inserted on Feb. 17, 2022]

Article 10(Methods and Procedures for Applying for Living Allowances) #

(1) A person who intends to receive living allowances pursuant to Article 7-10 of the Act shall submit an application prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs, accompanied by a report on income and property and other relevant documents, to the Minister of Patriots and Veterans Affairs. <Amended on May 23, 2023>

(2) Except as provided in paragraph (1), matters necessary for the methods of and procedures for applying for living allowances shall be prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023>

[This Article Newly Inserted on Feb. 17, 2022]

Article 10-2(Lack of Support Capability) #

(1) "Lack of support capability prescribed by Presidential Decree" in the provision, with the exception of the subparagraphs, of Article 8-2 (1) of the Act means any of the following cases: <Amended on Dec. 7, 2009; Dec. 4, 2013; Nov. 20, 2015; Nov. 29, 2016; Jun. 30, 2020, Mar. 9, 2021; May 23, 2023; Jun. 13, 2023>

1. Where a person under a duty of support has any mental or physical impairment listed in the category table of disabilities of the disabled persons under attached Table 2 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

2. Where a person under a duty of support falls under any of the following cases and is in mandatory military service:

(a) An active duty soldier who has enlisted in the army pursuant to Article 16 or 20 of the Military Service Act (including a noncommissioned officer appointed without his application);

(b) A person who is called up to full-time reserves service pursuant to Article 22 of the Military Service Act;

(c) A member of an auxiliary police company, and a member of an obligatory firefighting unit who are seconded for any public service other than that in a military unit pursuant to Article 25 of the Military Service Act;

(d) A person who is called up to a social work member under Article 2 (1) 10 of the Military Service Act;

(e) A person called up to serve as alternative service personnel under Article 17 of the Act on the Assignment and Performance of the Alternative Service;

3. Where the whereabouts of a person under a duty of support is unknown for at least one year;

4. Where the Minister of Patriots and Veterans Affairs deems that a person under a duty of support lacks support capability due to his or her schooling or livelihood difficulties.

[This Article Newly Inserted on Apr. 30, 2009]

Article 10-3(Assistance in Admission to Ancient Palaces) #

(1) The types and discount schedule of the facilities available free of charge or at a discounted fee to persons referred to in Article 8-3 of the Act shall be as specified in attached Table 3. <Amended on Jun. 21, 2016>

(2) Where a person referred to in any subparagraph of Article 8-3 of the Act intends to enter into an ancient palace, a park, etc. free of charge or at a discounted fee pursuant to paragraph (1), he or she shall present a free pass card for old palaces, etc. (hereafter in this Article referred to as "free pass card") issued by the Minister of Patriots and Veterans Affairs pursuant paragraphs (3) and (4), a registration certificate of a person entitled to veterans benefits under Article 15-2 (1) (including a mobile registration certificate of a person entitled to veterans benefits), or a registration certificate of a person entitled to veterans benefits under Article 6 (1) of the Honorable Treatment of War Veterans Act (including a mobile registration certificate of a person entitled to veterans benefits), to an administrator of the relevant facility. <Amended on May 23, 2023>

(3) Any person referred to in Article 8-3 of the Act may file an application for issuing a free pass card with the Minister of Patriots and Veterans Affairs, and the Minister of Patriots and Veterans Affairs shall issue a free pass card after confirming whether the person is entitled to the issuance of the free pass card. <Amended on Jun. 21, 2016; May 23, 2023>

(4) Details of the application for and issuance, etc. of free pass cards, such as methods of application, issuing agency, procedures for issuance, and a card form, shall be determined by the Minister of Patriots and Veterans Affairs. <Amended on May 23, 2023>

[This Article Newly Inserted on Apr. 30, 2009]

Article 10-4(Subsidization for Long-Term Care Assistance) #

(1) The Minister of Patriots and Veterans Affairs shall, pursuant to Article 8-4 of the Act, pay subsidies to a beneficiary under Article 3 (1) of the Medical Care Assistance Act who is a patient suffering from potential aftereffects of defoliants and is assigned a disability rating, for 60 percent of the amount which he or she shall bear. <Amended on May 23, 2023>

(2) Where a person referred to in paragraph (1) intends to apply for the grant of a subsidy for long-term care assistance pursuant to Article 8-4 (2) of the Act, he or she shall file an application for the grant of a subsidy for long-term care assistance with the Minister of Patriots and Veterans Affairs, accompanied by documents prescribed by Ordinance of the Ministry of Patriots and Veterans. <Amended on May 23, 2023>

(3) Except as provided in paragraphs (1) and (2), matters necessary for subsidization for long-term care assistance shall be prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023>

[This Article Newly Inserted on Jun. 21, 2016]

Article 10-5(Details and Methods of Provision of Psychological Rehabilitation Services) #

(1) The details of the psychological rehabilitation services provided by the Minister of Patriots and Veterans Affairs under Article 8-6 (1) of the Act (hereafter in this Article referred to as "psychological rehabilitation services"): <Amended on May 23, 2023>

1. Psychological counseling and psychological tests;

2. Connected service for the use of mental health improvement facilities defined in subparagraph 4 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, for medical treatment, etc.;

3. Education for improving mental health;

4. Other services prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs as deemed necessary for psychological stability and social adaptation.

(2) A person who intends to receive psychological rehabilitation services shall file an application with the Minister of Patriots and Veterans Affairs, as prescribed by Ordinance of the Ministry of Patriots and Veterans. <Amended on May 23, 2023>

[This Article Newly Inserted on Oct. 19, 2021]

Article 10-6(Preferential Sale of State Property and Public Property) #

"Matters prescribed by Presidential Decree, such as terms and conditions of the relevant contract" in Article 20-2 (4) of the Act means the following:

1. Terms and conditions of the relevant contract;

2. Circumstances and reasons for the conclusion of the relevant contract;

3. Current status and state of the property to be disposed of pursuant to Article 20-2 (4) of the Act;

4. Legal disputes related to the property to be disposed of pursuant to Article 20-2 (4) of the Act.

[This Article Newly Inserted on Oct. 19, 2021]

Article 11(Recovery of Allowance) #

(1) If the Minister of Patriots and Veterans Affairs renders a disposition to recover medical expenses, allowances, etc. (hereinafter referred to as "allowance, etc.") referred to in any subparagraph of Article 25 (1) of the Act and interest thereon (hereinafter referred to as "recovery amount") pursuant to Article 25 (1) of the Act (hereafter in this Article referred to as "recovery disposition"), the Minister shall send a notice requiring return of the recovery amount to the person who has received the allowances, etc. (including his or her heir, but excluding persons who are exempted from returning allowances, etc. under Article 26; hereafter in this Article referred to as "person liable to pay"). In such cases, a person liable to pay shall pay the recovery amount within 30 days from the date of receipt of a notice requiring return of the recovery amount.

(2) "Interest prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 25 (1) of the Act means an amount calculated by multiplying allowances, etc. by the interest rate provided in subparagraph 1 and the period provided in subparagraph 2:

1. The interest rate: The interest rate under the main clause of Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes;

2. The period: The number of months from the month in which an allowance, etc. is received to the month immediately preceding the month in which a notice of recovery disposition is served: Provided, That, if an allowance, etc. are to be returned before notification of recovery disposition, it shall be the number of months from the month in which the date of receipt of the allowance, etc. falls to the month immediately preceding the month in which the allowance, etc. are returned in its entirety.

(3) The limit of inherited properties under the proviso of, with the exception of the subparagraphs, of Article 25 (1) of the Act shall be calculated pursuant to Article 11 (1) of the Enforcement Decree of the Framework Act on National Taxes.

(4) Arrears shall be calculated by multiplying the amount of allowances, etc. in arrears by the interest rate equivalent to 5/100 per annum for the period from the date immediately following the deadline for repayment of the recovery amount under Article 25 (2) of the Act (hereafter in this Article referred to as "arrears") (referring to the respective installment due date, if the payment is to be made in installments under paragraph (5) of this Article; and if the decision to pay in installments is revoked pursuant to paragraph (7), the date of such revocation in cases of the installments whose due date is yet to arrive) to the date immediately preceding the date the recovery amount is paid in its entirety. In such cases, the period to collect arrears shall not exceed 60 months.

Article 11-2(Write-Off) #

Where the Minister of Patriots and Veterans Affairs intends to record a write off pursuant to Article 25 (4) of the Act, such write-off shall require a resolution by the Patriots and Veterans Entitlement Commission established under Article 74-5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (hereinafter referred to as the "Patriots and Veterans Entitlement Commission").

[This Article Newly Inserted on Jun. 13, 2023]

Article 12(Grounds for Discharge from Liability to Return Allowances) #

(1) In any of the following cases, the liability to return allowances, etc. may be discharged pursuant to Article 26 of the Act:

1. Where any person who has been notified that he or she served in the Vietnam War or in an area adjoining the Southern Limit Line (hereinafter referred to as "fact of service"), is notified again that he or she has not served in Vietnam War or in an area adjoining the Southern Limit Line;

2. Where any person who has been notified as a patent suffering from potential aftereffects of defoliants or a second-generation patient suffering from actual aftereffects of defoliants is notified again of the disease name, disability rating, etc. differently from the original one.

(2) Where any ground referred to in paragraph (1) occurs, the Minister of Patriots and Veterans Affairs shall investigate and verify such ground without delay, and a discharge from the liability to return allowances, etc. shall be subject to a resolution by the Patriots and Veterans Entitlement Commission. <Amended on Jun. 27, 2012; Jun. 21, 2016; May 23, 2023; Jun. 13, 2023>

[This Article Wholly Amended on Apr. 6, 2009]

Article 13(Employees Who Ordinarily Provide Public Service at State Agency) #

"Employees prescribed by Presidential Decree who ordinarily provide public service at a State agency or local government" in Article 28 (1) 4 of the Act means persons specified in Article 2 of the Enforcement Decree of the Public Officials Pension Act.

[This Article Newly Inserted on Jun. 21, 2016]

Article 14(Statement of Opinions) #

(1) Where an opportunity to state opinions is provided pursuant to the main clause of Article 28 (6) of the Act, a written notice, including the reason for providing the opportunity, and the date and time and place of stating opinions, shall be given to the person subject to the relevant disposition or his or her agent at least seven days before the date of stating opinions. <Amended on Jun. 21, 2016>

(2) A person subject to a disposition or his or her agent may either appear and state his or her opinions at a designated date and time or submit his or her opinions in writing.

(3) Where a person subject to a disposition or his or her agent appears and states his or her opinions at a designated date and time pursuant to paragraph (2), the competent public official shall document the details of such opinions, and require the person who states such opinions to verify the documents and place his or her signature and seal on the documents.

(4) A written notice provided for in paragraph (1) shall clearly state that the failure to appear and state opinions without good cause is deemed the renouncement of the opportunity to state opinions.

[This Article Wholly Amended on Apr. 6, 2009]

Article 15(Determination and Notification of Exclusion from Application of the Act) #

(1) Where the Patriots and Veterans Entitlement Commission deliberates on and passes a resolution on whether any person excluded from the application of the Act is subject to the re-application of the Act pursuant to Article 28 (4) of the Act, it shall notify, without delay, the Minister of Patriots and Veterans Affairs of such resolution. <Amended on Jun. 27, 2012; Jun. 21, 2016; May 23, 2023; Jun. 13, 2023>

(2) In receipt of the resolution pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether a person is subject to the reapplication of the Act pursuant to paragraph (1) within 20 days, and notify him or her of the result of such determination. <Amended on Jun. 21, 2016; May 23, 2023>

[This Article Wholly Amended on Apr. 6, 2009]

Article 15-2(Issuance of Registration Certificate of Person Entitled to Veterans Benefits) #

(1) The Minister of Patriots and Veterans Affairs shall issue a registration certificate of a person entitled to veterans benefits (including a mobile registration certificate of a person entitled to veterans benefits; hereinafter the same shall apply) to persons who are deemed to have disabilities rated under the main clause, with the exception of the subparagraphs, of Article 7-3 (1) of the Act, from among patients suffering from potential aftereffects of defoliants or second-generation patients suffering from actual aftereffects of defoliants as registered pursuant to Articles 4 and 7 (5) of the Act.

(2) A person issued a registration certificate of a person entitled to veterans benefits pursuant to paragraph (1) may file an application with the Minister of Patriots and Veterans Affairs for re-issuance of the registration certificate of a person entitled to veterans benefits in any of the following cases:

1. Where the registration certificate of a person entitled to veterans benefits is lost or it is defaced and thus unusable;

2. Where there is a change in any matter prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs among the matters to be entered in the registration certificate of a person entitled to veterans benefits, such as the name and date of birth.

(3) The Minister of Patriots and Veterans Affairs may establish and operate an information system for the issuance, re-issuance and management of registration certificates of persons entitled to veterans benefits, verification of the authenticity of such certificates, etc. In such cases, the operating infrastructure commonly applied to identification under Article 12 (4) of the Enforcement Decree of the Electronic Government Act may be used to issue, re-issue, manage, and verify the authenticity of a mobile registration certificate of a person entitled to veterans benefits.

(4) Upon receipt of an application from a patient suffering from actual aftereffects of defoliants, a patient suffering from potential aftereffects of defoliants, his or her bereaved family member, or his or her family member, or an application from a second-generation patient suffering from actual aftereffects of defoliants registered pursuant to Articles 4 and 7 (5) of the Act, the Minister of Patriots and Veterans Affairs may issue a document verifying one's eligibility as a patient suffering from actual aftereffects of defoliants, a patient suffering from potential aftereffects of defoliants, or a second-generation patient suffering from actual aftereffects of defoliants.

Article 15-3(Request for Information) #

The specified scope of materials or information that the Minister of Patriots and Veterans Affairs may request from the head of a relevant agency under Article 31 (1) of the Act shall be as specified in attached Table 3-2. <Amended on May 23, 2023>

[This Article Newly Inserted on Apr. 30, 2018]

Article 16(Delegation and Entrustment of Authority) #

(1) The Minister of Patriots and Veterans Affairs shall, pursuant to Article 32 (1) of the Act, delegate the authority concerning the following matters to the head of a Regional Office of Patriots and Veterans Affairs or the head of a District Office of Patriots and Veterans Affairs (referring to the Governor of the Jeju Special Self-Governing Province, if the relevant person’s place of domicile is located in the Jeju Special Self-Governing Province) who has jurisdiction over the place of domicile of the relevant person: Provided, That, where the authority is delegated to the Governor of the Jeju Special Self-Governing Province, the authority transferred to the Governor of the Jeju Special Self-Governing Province pursuant to Article 346 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, among the authority concerning the following matters, shall be excluded: <Amended on Jun. 21, 2016; Mar. 9, 2021; Oct. 19, 2021; Feb. 17, 2022; May 9, 2022; May 23, 2023; Jun. 13, 2023>

1. Receiving an application for registration pursuant to Article 4 (1) of the Act (including where Article 4 shall apply mutatis mutandis in Article 8 (2) of the Act; hereinafter the same shall apply);

2. Receiving a request for confirmation and a confirmative notification under Article 4 (2) and (3) of the Act;

3. Requesting a medical examination under Article 4 (4) of the Act;

4. Notifying the fact, receiving an objection, and giving a notice of the result thereof under Article 4 (5) of the Act;

5. Receiving a notice of the result of a medical examination under Article 4 (6) of the Act;

6. Determining whether an applicant is a patient suffering from actual aftereffects of defoliants, etc., notification of such determination, receiving an application for a medical reexamination, and requesting a medical reexamination under Articles 4 (7) and 7 (5) of the Act and Article 6 of this Decree;

7. Registering a person determined to be subject to the application of the Act pursuant to Articles 4 (8) and 7 (5) of the Act;

8. Receiving a report on any change in personal circumstances under Article 4-2 of the Act, and taking the subsequent measures, giving notice and requesting the submission of materials;

9. Providing medical assistance under Article 6 (2) of the Act;

10. Receiving an application for compensation, and paying the amount of compensation pursuant to Article 6 (4) of the Act;

Article 16-2(Management of Sensitive Information and Personally Identifiable Information) #

(1) If essential to performing the following affairs, the Minister of Patriots and Veterans Affairs (including a person delegated, re-delegated, or entrusted with the authority of the Minister of Patriots and Veterans Affairs pursuant to Article 16) may manage any data which contains health information specified in Article 23 of the Personal Information Protection Act and resident registration numbers, passport numbers or alien registration numbers specified in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of that Act: <Amended on Jun. 21, 2016; May 9, 2022; May 23, 2023>

1. Affairs concerning an application for registration, and determination thereof under Articles 4, 7 (5), and 8 (2) of the Act;

2. Affairs concerning reporting of any change in personal circumstances under Article 4-2 of the Act;

3. Affairs concerning compensation to and support for 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 well as their bereaved family members or family members under the Act and this Decree;

4. Deleted; <Dec. 30, 2015>

5. Affairs concerning the recovery of allowances, etc. and discharge from liability to return allowances, etc., under Articles 25 and 26 of the Act;

6. Affairs concerning the suspension of assistance under Article 27 of the Act;

7. Affairs concerning the exclusion from the application of the Act under Article 28 of the Act;

8. Affairs concerning data research, etc. under Article 29 of the Act;

9. Affairs necessary to perform the affairs referred to in subparagraphs 1, 2, and 5 through 8.

(2) If essential to performing affairs concerning support for 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 well as their bereaved family members or family members, the heads of local governments (including the persons delegated or entrusted with the relevant authority) may process any data which contains resident registration numbers specified in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Newly Inserted on Aug. 6, 2014>

Article 16-3(Re-Examination of Regulation) #

The Minister of Patriots and Veterans Affairs shall examine the appropriateness of restrictions on employment assistance under Article 58 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State applied mutatis mutandis under Article 9-8 (2) every three years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. <Amended on May 23, 2023>

[This Article Wholly Amended on Mar. 3, 2020]

Article 17(Criteria for Imposition of Administrative Fines) #

Standards for imposing administrative fines under Article 34 (1) through (3) of the Act shall be as specified in attached Table 4. <Amended on Oct. 19, 2021>

[This Article Wholly Amended on Jun. 21, 2016]