Article 40(Delegation and entrustment of authority) #
(1) Pursuant to Article 41 (1) of the Act, the Minister of Patriots and Veterans Affairs shall delegate his or her authority for the following matters to the head of the Regional or District Office of Patriots and Veterans Affairs having jurisdiction over the relevant address (referring to the Governor of Jeju Special Self-Governing Province, where the relevant address is in Jeju Special Self-Governing Province; hereinafter the same shall apply); provided, where the authority is delegated to the Governor of Jeju Special Self-Governing Province, the foregoing shall not apply to matters for which authority has already been transferred to the Governor of Jeju Special Self-Governing Province under Article 341 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, among the following matters under such authority: <Amended on Jun. 21, 2016; Apr. 30, 2018; May 9, 2022; Apr. 11, 2023; Jul. 11, 2023>
1. Registration and determination under Article 6 of the Act;
2. Receiving reports on changes in status, taking measures, giving notice and requesting materials under Article 6-2 of the Act;
3. Paying patriot benefits under Articles 12 (2), (4), and (5), 13, and 14 of the Act;
4. Receiving applications for payment of allowances for adjusting living conditions under Article 14-2 of the Act;
5. Requesting documents or data, instructing relevant public officials to conduct investigations and inquiries, rejecting applications for payment of allowances for adjusting living conditions, or suspending payment of such allowances, under Article 14-3 of the Act;
6. Requesting financial information, etc. under Article 14-4 of the Act;
7. Entrusting medical treatment under Article 17 (3) of the Act;
8. Receiving applications for subsidies for care assistance and paying such subsidies under Article 19-2 of the Act;
8-2. Providing domiciliary care services for patriots and veterans and receiving applications for such services under Article 19-3 (1) and (2) of the Act;
9. Paying settlement allowances under Article 26 of the Act;
9-2. Subsidizing expenses incurred in managing cemeteries under Article 26-2 of the Act (excluding subsidies for cemeteries outside of Korea);
10. Recovering patriot benefits, etc. and interest thereon, collecting the arrears, collecting such amounts in the same manner as the compulsory collection of national taxes, and making a disposition on deficits under Article 35 of the Act;
11. Exempting a person from the obligation to repay under Article 36 of the Act;
12. Suspending compensation under Article 38 of the Act;
13. Revoking eligibility for entitlement under this Act, registering a person ineligible for entitlement, and requesting to verify criminal records under Article 39 (1) through (3) and (5) of the Act;
14. Imposing and collecting administrative fines under Article 45 of the Act;
14-2. Making a decision to pay the amount to be recovered in installment and revoking such decision under Article 36 (5) and (7);
15. Other matters referred to in Article 102 (1) 11 through 32 and 35 through 41 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, among matters under the authority of the Minister of Patriots and Veterans Affairs under the provisions applicable mutatis mutandis under Articles 15 (3), 16 (4), and 18 (3) of the Act, Article 42 of the Act, and Article 41 of this Decree.
(2) Notwithstanding the main sentence, with the exception of the subparagraph, of paragraph (1) the authority for some matters specified in paragraph (1) 15 shall be delegated as follows: <Added on Jun. 21, 2016; May 9, 2022>
1. Authority for matters specified in Article 102 (1) 16 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State: To the head of the Regional or District Office of Patriots and Veterans Affairs having jurisdiction over the relevant address or the head of the Regional or District Office of Patriots and Veterans Affairs having jurisdiction over the seat of the relevant educational institution (referring to the governor of Jeju Special Self-Governing Province, where the seat of the relevant educational institution is in Jeju Special Self-Governing Province; hereinafter the same shall apply);
2. Authority for matters specified in Article 102 (1) 12 through 15, 17, 20, and 21 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State: To the head of the Regional or District Office of Patriots and Veterans Affairs having jurisdiction over the seat of the relevant educational institution.
(3) Pursuant to Article 21 of the Act, the Minister of Patriots and Veterans Affairs shall entrust his or her authority for providing senior assistance or child-rearing assistance under Articles 19 and 20 of the Act, to the President of the Korea Veterans Health Service established pursuant to the Korea Veterans Health Service Act. <Amended on Jun. 21, 2016; Apr. 11, 2023>
(4) Pursuant to Article 41 (2) of the Act, the Minister of Patriots and Veterans Affairs shall entrust post offices and banks with administrative work for paying patriot benefits under Article 11 of the Act and educational subsidies under Article 26 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, which shall apply mutatis mutandis pursuant to Article 15 of the Act. <Added on Jun. 21, 2016; Apr. 11, 2023>
[This Article Wholly Amended on Oct. 20, 2008]