Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Honorable Treatment of War Veterans and Establishment of Related Associations and matters necessary for the enforcement thereof. <Amended on Jun. 10, 2005; Jun. 26, 2009; Jun. 21, 2016>
Article 2 #
Deleted. <Jun. 21, 2016>
Article 3 #
Deleted. <Jun. 21, 2016>
Article 4(Scope of projects of the State and local governments) #
The specific scope of projects implemented by the State and local governments for the honorable treatment of and support for war veterans pursuant to Article 4 of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations (hereinafter referred to as the "Act") shall be as follows: <Amended on Jan. 5, 2021; May 23, 2023>
1. Construction of sculptures, such as war veterans memorial towers and war veterans monuments;
2. Issuance of certificates of persons of distinguished service to the State granted by the President in order to elevate the honor of war veterans;
3. Provision of the flag of the Republic of Korea to cover a casket at the time of death of war veterans;
4. Education and public relations on war veterans commemoration projects and publication of materials related thereto;
5. Support for war-related research and academic activities;
6. Support for corporations, organizations, and individuals promoting war veterans commemoration projects to uphold the honor of war veterans or to inherit their patriotism;
7. Projects deemed necessary by the Minister of Patriots and Veterans Affairs to strengthen cooperative ties with the combatant nations in the Korean War;
8. Other projects to uphold the honor of war veterans and to promote their welfare.
[Title Amended on Jun. 21, 2016]
Article 4-2(Designation and operation of day of soldiers dispatched overseas) #
(1) The Day of Soldiers Dispatched Overseas under Article 4-3 of the Act shall be celebrated on May 29 each year.
(2) The State may hold various events to commemorate the Day of Soldiers Dispatched Overseas.
[This Article Added on Sep. 20, 2022]
Article 5(Application for registration and determination) #
(1) A person who intends to be subject to the application of the Act as a war veteran pursuant to Article 5 (1) of the Act shall submit an application for registration of a war veteran to the Minister of Patriots and Veterans Affairs, as prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023>
(2) Upon receipt of an application for registration filed under paragraph (1), the Minister of Patriots and Veterans Affairs shall request the Minister of National Defense or the Commissioner General of the Korean National Police Agency (hereinafter referred to as the "Minister of National Defense, etc.") to verify the fact that the applicant participated in the war; provided, this shall not apply if the fact of participation in the war is verified only by the documents submitted by the applicant at the time of filing an application for registration. <Amended on May 23, 2023>
(3) Upon receipt of a request for verification of the fact that the applicant participated in the war under the main clause of paragraph (2), the Minister of National Defense, etc. shall verify the fact related to such request and notify the applicant and the Minister of Patriots and Veterans Affairs of a notice of verification of participation in the war in the form prescribed by Decree of the Ministry of Patriots and Veterans Affairs without delay. In such cases, the Minister of National Defense, etc. may request necessary cooperation from the heads of relevant agencies to verify participation in the war, and other matters necessary for the procedures, methods, etc. for verifying participation in the war shall be determined by the Minister of National Defense, etc. <Amended on May 23, 2023>
(4) The Minister of Patriots and Veterans Affairs shall determine whether to allow registration within 20 days from the date of receipt of an application for registration under paragraph (1). In such cases, the period necessary for verifying participation in the war under paragraphs (2) and (3) and for verifying criminal records, etc. under Article 39 (4) of the Act shall not be included in the period for determining whether to allow registration. <Amended on May 23, 2023>
(5) When the Minister of Patriots and Veterans Affairs determines whether to allow registration pursuant to paragraph (4), the Minister shall notify the applicant thereof without delay, specifying the grounds therefor. <Amended on May 23, 2023>
[This Article Wholly Amended on Jun. 21, 2016]
Article 6(Issuance of patriots and veterans registration cards) #
(1) The Minister of Patriots and Veterans Affairs shall issue a patriots and veterans registration card (including a mobile patriots and veterans registration card; hereinafter the same shall apply) to a war veteran registered pursuant to Article 5 (2) of the Act.
(2) A person who has been issued with a patriots and veterans registration card pursuant to paragraph (1) may file an application for reissuance of such card with the Minister of Patriots and Veterans Affairs, in any of the following cases:
1. Where the patriots and veterans registration card becomes unusable due to loss or damage;
2. Where there is a change in any matter prescribed by Decree of the Ministry of Patriots and Veterans Affairs among the matters entered in the patriots and veterans registration card, 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, reissuance, management, and authentication of patriots and veterans registration cards. In such cases, the operating system commonly applicable to identity verification under Article 12 (4) of the Enforcement Decree of the Electronic Government Act may be used for the issuance, reissuance, management, and authentication of mobile patriots and veterans registration cards.
(4) Upon receipt of an application from a war veteran registered pursuant to Article 5 (2) of the Act or his or her bereaved family member, the Minister of Patriots and Veterans Affairs may issue a document verifying that the relevant person is a war veteran or a person of distinguished service to the State.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the issuance and reissuance of patriots and veterans registration cards shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs.
[This Article Wholly Amended on May 23, 2023]
Article 7(Amount of war veterans allowance) #
The amount of a war veterans allowance under Article 6 (1) of the Act shall be 450,000 won per month. <Amended on Jan. 17, 2004; Jan. 13, 2006; Jan. 22, 2008; Feb. 4, 2010; Dec. 31, 2010; Jan. 14, 2013; Jan. 14, 2014; Jan. 12, 2015; Jan. 7, 2016; Dec. 30, 2016; Dec. 29, 2017; Jan. 7, 2020; Jan. 5, 2021; Jan. 13, 2022; Sep. 20, 2022; Jan. 13, 2023; Jan. 12, 2024; Jan. 14, 2025>
[Applied from Jan. 1, 2006]
Article 8(Methods of paying war veterans allowance) #
(1) "Unavoidable causes prescribed by Presidential Decree, such as a malfunction in an information and communications network (referring to an information and communications network defined 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 6 (4) of the Act means any of the following cases: <Amended on May 23, 2023; Jul. 11, 2023>
1. Where a post office or a bank at which an account to deposit a war veterans allowance (referring to an account opened at a post office under the Postal Savings and Insurance Act (hereinafter referred to as "post office") or a bank under the Banking Act (hereinafter referred to as "bank"); hereinafter the same shall apply) is opened, is unable to conduct its normal business operations due to the permanent closure or suspension of the business operations, the failure of an information and communications network, or any other similar event, making it impossible to transfer a war veterans allowance;
2. Where the Minister of Patriots and Veterans Affairs deems the payment of a war veterans allowance in cash inevitable.
(2) A war veterans allowance shall be paid on the 15th day of each month; but if the payment date falls on a Saturday or public holiday, it shall be paid on the day before the date of payment; provided, the date of payment of such allowance may be separately determined by the Minister of Patriots and Veterans Affairs in case of natural disaster, accident, or other similar events. <Amended on May 23, 2023>
(3) Notwithstanding paragraph (2), war veterans allowances for the period from January to December may be paid in a lump sum in December to wartime veterans residing overseas.
(4) War veterans allowances deposited into the account of a person eligible for war veterans allowances pursuant to the main clause of Article 6 (4) of the Act shall be deemed to have been received by the person himself or herself.
[This Article Wholly Amended on Jun. 21, 2016]
Article 8-2(Amount of war veterans allowances prohibited to be garnished) #
"Amount not exceeding the amount prescribed by Presidential Decree" in Article 6-2 (2) of the Act means the total amount of monthly war veterans allowances deposited pursuant to Article 6 (5) of the Act.
[This Article Added on Jun. 21, 2016]
Article 8-3(Criteria for payment of living allowances) #
Living allowances under Article 6-3 of the Act shall be paid in an amount of 100,000 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 Added on Feb. 17, 2022]
Article 8-4(Methods and procedures for applying for living allowances) #
(1) A person who intends to receive a living allowance pursuant to Article 6-3 of the Act shall submit an application in the form prescribed by Decree of the Ministry of Patriots and Veterans Affairs along with relevant documents, including a report on his or her income and property, 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, procedures, etc. for applying for living allowances shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023>
[This Article Added on Feb. 17, 2022]
Article 9(Medical assistance) #
(1) If a war veteran receives medical treatment at a veterans hospital under Article 7 of the Korea Veterans Health Service Act (hereinafter referred to as "veterans hospital") pursuant to Article 7 (1) of the Act, the veteran may be granted a full or partial exemption from the costs of such medical treatment to be borne by himself or herself by up to 90/100 of the expenses, as prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Jun. 21, 2016; Dec. 29, 2017; Oct. 19, 2021; May 23, 2023>
(2) Deleted. <Sep. 26, 2023>
(3) Article 64-2 (1) 2 (A) and (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 bearing of the costs of prescription drugs by a war veteran who has been granted a full or partial exemption from medical expenses in a veterans hospital or an entrusted medical institution pursuant to Article 7 (1) and (2) of the Act and the proviso of paragraph (4) of this Article. In such cases, "person of distinguished service to the State" shall be construed as "war veteran". <Amended on Jun. 21, 2016; Oct. 19, 2021; May 9, 2022; Sep. 26, 2023>
(4) If a war veteran receives medical treatment at an entrusted medical institution pursuant to the former part of Article 7 (2) of the Act, 90/100 of the expenses to be borne by the war veteran out of the expenses for the medical treatment (referring to the expenses, out of the costs of health care benefits under attached Appendix 2 of the Enforcement Decree of the National Health Insurance Act, to be borne by the war veteran (excluding costs of prescription drugs under subparagraph 1 (c) of that Appendix) according to the rate and amount of expenses to be borne by the war veteran; hereafter in this paragraph, the same shall apply) shall be reduced; provided, if a war veteran receives medical treatment at an entrusted medical institution pursuant to Article 7 (2) of the Act because a disaster defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety causes or is likely to cause a serious disruption in the medical treatment at a veterans hospital, the expenses for the medical treatment shall be reduced by up to 90/100 of the expenses to be borne by the war veteran, as prescribed by the Ministry of Patriots and Veterans Affairs. <Amended on Sep. 26, 2023>
(5) Notwithstanding the main clause of paragraph (4) and paragraph (6), if the expenses for medical care benefits are borne by a war veteran pursuant to subparagraph 6 of Appendix 2 of the Enforcement Decree of the National Health Insurance Act, the medical expenses under Article 7 (2) of the Act (including the costs of prescription drugs) shall not be reduced or exempted. <Added on Jun. 26, 2009; Nov. 11, 2014; Oct. 19, 2021; May 9, 2022; Sep. 26, 2023>
Article 10(Lack of support capability) #
"Where ... is incapable of providing support prescribed by Presidential Decree" in Article 8 (1) of the Act means any of the following cases: <Amended on Jun. 10, 2005; Jun. 26, 2009; Dec. 7, 2009; Dec. 4, 2013; Nov. 20, 2015; Jun. 21, 2016; Nov. 29, 2016; Jun. 30, 2020; Sep. 20, 2022; May 23, 2023>
1. Where a person obligated to support the relevant person (referring to the spouse, parents, or children of the relevant person or the spouses of the children, who are obligated to support the relevant person; hereinafter the same shall apply) has any mental or physical disability listed in the disability category table for persons with disabilities under Appendix 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 obligated to support the relevant person performs mandatory service as an active duty serviceman (including a noncommissioned officer appointed without volunteering), full-time reserve service personnel defined in Article 2 (1) 8 of the Military Service Act, social service personnel defined in subparagraph 10 of that paragraph, alternative service personnel defined in subparagraph 17-2 of that paragraph, or an auxiliary police company member or an obligatory firefighting unit member under Article 25 of that Act;
3. Where the whereabouts of a person obligated to support the relevant person is unknown for at least 1 year;
4. Where a person obligated to support the relevant person is deemed unable to provide support as he or she falls under any of the grounds prescribed by Decree of the Ministry of Patriots and Veterans Affairs, such as school attendance, difficulty in making a living, and disease.
Article 10-2(Entrustment of senior care) #
The Minister of Patriots and Veterans Affairs shall entrust the Korea Veterans Health Service under Article 2 of the Korea Veterans Health Service Act with business affairs regarding senior care pursuant to Article 8 (2) of the Act. <Amended on May 23, 2023>
[This Article Added on Jun. 21, 2016]
Article 10-3(Subsidization of nursing care) #
Persons eligible for subsidies and the subsidy ratio for nursing care under Article 8-2 (1) of the Act shall be as follows:
1. Persons eligible for subsidies: Eligible recipients under Article 3 (1) of the Medical Benefit Act;
2. The subsidy ratio: 60 percent of the expenses to be borne by the person himself or herself.
[This Article Added on Jun. 21, 2016]
Article 10-4(Methods and procedures for applying for subsidies for nursing care) #
(1) A person who intends to receive a subsidy for nursing care pursuant to Article 8-3 (1) of the Act (hereinafter referred to as "person who wishes to receive a subsidy") shall submit an application for subsidies for nursing care along with relevant documents, including a report on his or her income and property and a written consent to the provision of his or her financial information, to the Minister of Patriots and Veterans Affairs, as prescribed by Ministerial Decree of Patriots and Veterans. <Amended on May 23, 2023>
(2) Except as provided in paragraph (1), matters necessary for the methods and procedures for applying subsidies for nursing care shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023>
[This Article Added on Jun. 21, 2016]
Article 10-5(Scope of household members) #
‘Article 25-3 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 a person falling under the category of household members specified in the provisions, with the exception of the subparagraphs of, Article 8-3 (2) of the Act (hereinafter referred to as "household members"). In such cases, "person seeking to receive livelihood improvement allowances" shall be construed as "person who wishes to receive a subsidy".
[This Article Added on Apr. 1, 2025]
[Previous Article 10-5 moved to Article 10-6 <Apr. 1, 2025>]
Article 10-6(Scope of financial information) #
(1) "Average balance of deposits ... and other data or information prescribed by Presidential Decree" in Article 8-3 (2) 1 of the Act means the following data or information:
1. Demand deposits, such as ordinary deposits, savings accounts, and free savings accounts: The average balance within the last 3 months;
2. Savings deposits, such as term deposits, term installment deposits, and term savings deposits: The balance or total amount of deposits;
3. Stocks, beneficiary certificates, investments, equity shares, real estate trust, and 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 valuation of unlisted stocks;
4. Bonds, bills, checks, certificates of debenture, certificates of preemptive right to new stocks, and certificates of deposit: Face value;
5. Pension savings: The amount paid regularly or final balance.
(2) "Amount of debts ... and other data or information prescribed by Presidential Decree" in Article 8-3 (2) 2 of the Act means the following data or information:
1. Loan status and details of arrears;
2. Unpaid credit card amount.
(3) "Data or information prescribed by Presidential Decree" in Article 8-3 (2) 3 of the Act means the following data or information:
1. Insurance policies: The amount to be refunded upon contract termination or the insurance money paid within the last 1 year;
2. Pension insurance: The amount to be refunded upon contract termination or the amount regularly paid.
[This Article Added on Jun. 21, 2016]
[Moved from Article 10-5; previous Article 10-6 moved to Article 10-7 <Apr. 1, 2025>]
Article 10-7(Inspections for verification) #
(1) Upon receipt of an application for subsidies for nursing care under Article 8-3 of the Act or in cases where deemed necessary to verify eligibility for subsidies, the Minister of Patriots and Veterans Affairs shall inspect the income and property of a person who wishes to receive a subsidy, a recipient of a subsidy (referring to a person who is receiving a subsidy for nursing care under Article 8-2 (1) of the Act; hereinafter the same shall apply), and household members of such person or recipient; their capability for work; and other relevant factors and shall notify the person who wishes to receive a subsidy and the recipient of a subsidy of the result of such inspection. <Amended on Sep. 20, 2022; May 23, 2023; Apr. 1, 2025>
(2) Except as provided in paragraph (1), matters necessary for inspections, etc. under Article 8-4 of the Act shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023>
[This Article Added on Jun. 21, 2016]
[Moved from Article 10-6; previous Article 10-7 moved to Article 10-8 <Apr. 1, 2025>]
Article 10-8(Request for and provision of financial information) #
(1) When the Minister of Patriots and Veterans Affairs requests the head of a financial company, etc. (referring to a financial company 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 (2) 1 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 the subparagraphs of Article 8-3 (2) of the Act; hereinafter the same shall apply) of a person wishes to receive a subsidy, a recipient of a subsidy, and household members of such person or recipient under Article 8-5 (1) and (2) of the Act, the Minister shall include the following information in the request: <Amended on Aug. 4, 2020; May 23, 2023; Apr. 1, 2025>
1. The names and resident registration numbers of a person who wishes to receive a subsidy, a recipient of a subsidy, and household members of such person or recipient;
2. The scope of financial information, etc. requested to be provided, the base date of inquiry, and the inquiry period.
(2) When the head of a financial company, etc. provides the Minister of Patriots and Veterans Affairs with the relevant financial information, etc. upon receipt of a request under paragraph (1), the information provided shall include the following: <Amended on May 23, 2023; Apr. 1, 2025>
1. The names and resident registration numbers of a person who wishes to receive a subsidy, a recipient of a subsidy, and household members of such person or recipient;
2. The name of a financial company, etc., that provides the financial information, etc.;
3. The name and account number of a financial product subject to information provision;
4. The details of the financial information, etc.
(3) The Minister of Patriots and Veterans Affairs may request the head of a financial company, etc. to provide financial information, etc. through an information and communications network of an association, a federation, a national federation, or a similar organization in which the relevant financial company, etc. have a membership. <Amended on May 23, 2023>
(4) When the Minister of Patriots and Veterans Affairs requests the provision of financial information, etc. of a recipient of a subsidy and his or her household members under Article 8-5 (2) of the Act, the Minister shall request the minimum financial information, etc. necessary for inspection for verification to examine entitlement to a subsidy. <Amended on May 23, 2023; Apr. 1, 2025>
Article 10-9(Details of psychological rehabilitation services provided and methods therefor) #
(1) The details of psychological rehabilitation services provided by the Minister of Patriots and Veterans Affairs under Article 8-7 (1) of the Act (hereinafter referred to as "psychological rehabilitation services") shall be as follows: <Amended on May 23, 2023>
1. Psychological counseling and tests;
2. Arrangement of medical treatment, etc. at a mental health improvement facility 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;
3. Education for improving mental health;
4. Other services prescribed by Decree 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 Decree of the Ministry of Patriots and Veterans Affairs. <Amended on May 23, 2023>
[This Article Added on Oct. 19, 2021]
[Moved from Article 10-8 <Apr. 1, 2025>]
Article 11(Burial allowances) #
(1) The amount of a burial allowance to be paid pursuant to the main clause of Article 9 (4) of the Act shall be 200,000 won. <Amended on Jan. 14, 2014; Jun. 21, 2016>
(2) A person who intends to receive a burial allowance under paragraph (1) shall submit an application for payment of burial allowances to the Minister of Patriots and Veterans Affairs, along with documents prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Jun. 21, 2016; May 23, 2023>
(3) Article 6 (4) of the Act and Article 8 (1), (2), and (4) of this Decree shall apply mutatis mutandis to the payment of a burial allowance. <Amended on Jun. 21, 2016>
Article 12(Assistance in using old palaces) #
(1) The types of facilities that war veterans may use free of charge or at a discounted rate pursuant to Article 10 of the Act and the full or partial exemption rate shall be as specified in Appendix 1. <Amended on Jun. 21, 2016; Apr. 30, 2018>
(2) If a war veteran intends to use a facility free of charge or at a discounted rate pursuant to paragraph (1), the veteran shall present his or her patriots and veterans registration card to the manager of the relevant facility. <Amended on Jun. 21, 2016; Jan. 5, 2021; Sep. 20, 2022; May 23, 2023>
(3) The Minister of Patriots and Veterans Affairs may recommend a person who establishes and operates a facility related to the daily lives of war veterans, such as parking facilities, to provide a discount on usage fees for war veterans. <Amended on May 23, 2023>
Article 12-2(Preferential supply of housing) #
(1) If the State, a local government, or a project entity constructing and supplying privately constructed housing pursuant to Article 54 of the Housing Act (hereafter in this Article referred to as "housing supplier") preferentially supplies housing to war veterans pursuant to Article 12-3 (1) or (2) of the Act, the detailed procedures and methods for such supply shall be governed by the Housing Act.
(2) If a housing supplier preferentially supplies housing to war veterans pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs shall select persons eligible for such supply from among the applicants referred to in the former part of Article 12-3 (3) of the Act according to the quantity of housing to be supplied and the criteria determined by the Minister of Patriots and Veterans Affairs, in consideration of such factors as the period of non-homeownership, the standard of living, and the degree of sacrifice and contribution and shall recommend such selected persons to the housing supplier. <Amended on May 23, 2023>
[This Article Added on Apr. 30, 2018]
Article 12-3(Preferential sale of State or public property) #
"Matters prescribed by Presidential Decree, such as the terms and conditions of the relevant contract" in Article 28 (4) of the Act means the following:
1. The terms and conditions of the relevant contract;
2. The circumstances and reasons for the conclusion of the relevant contract;
3. The current status and state of the property to be disposed of pursuant to Article 28 (4) of the Act;
4. The legal disputes related to the property to be disposed of pursuant to Article 28 (4) of the Act.
[This Article Added on Oct. 19, 2021]
Article 13(Recovery of war veterans allowance) #
(1) If the Minister of Patriots and Veterans Affairs makes a disposition to recover any of the following war veterans allowances, etc. (hereinafter referred to as "war veterans allowance") and the interest thereon (hereinafter referred to as "recovery amount") pursuant to Article 36 (1) of the Act (hereafter in this Article referred to as "recovery disposition"), the Minister shall send a written notice requiring return of the recovery amount to a person who has received a war veterans allowance, etc. (including his or her heir but excluding persons who are exempted from returning a war veterans allowance pursuant to Article 37 of the Act; hereafter in this Article referred to as "person liable for payment"); in such cases, a person liable for payment shall pay the recovery amount within 30 days from the date of receipt of such notice: <Amended on Feb. 17, 2022; May 23, 2023; Jul. 11, 2023>
1. War veterans allowances under Article 6 of the Act;
2. Living allowances under Article 6-3 of the Act;
3. Medical assistance under Article 7 of the Act;
4. Subsidies for nursing care under Article 8-2 of the Act.
(2) "Interest prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 36 (1) of the Act means an amount calculated by multiplying the war veterans allowance, etc. by the interest rate specified in subparagraph 1 and the period specified in subparagraph 2: <Amended on Jul. 11, 2023>
1. The interest rate: The interest rate specified in 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 beginning with the first month a war veterans allowance, etc. are received and ending with the month immediately preceding the month in which a written notice of recovery disposition is given; provided, if war veterans allowances, etc. are to be returned before such notice is given, it shall be the number of months beginning with the first month a war veterans allowance, etc. are received and ending with the month immediately preceding the month in which all the allowances, etc. are returned.
(3) The limit of inherited properties under the proviso, with the exception of the subparagraphs, of Article 36 (1) of the Act shall be calculated pursuant to Article 11 (1) of the Enforcement Decree of the Framework Act on National Taxes.
(4) The amount of arrears under Article 36 (2) of the Act (hereafter in this Article referred to as "amount of arrears") shall be the amount calculated by multiplying the overdue war veterans allowances, etc. by the interest rate equal to 5/100 per year for the period from the day after the due date of the payment (in cases of installment payments under paragraph (5) of this Article, referring to the due date of each installment payment; and in cases of revocation of the installment payment determination under paragraph (7), referring to the date of revoking the installment payment for the installment payments which are not due before the revocation) to the day before the day on which the recovery amount is fully paid. In such cases, the period for collecting the arrears shall not exceed 60 months. <Added on Jul. 11, 2023>
Article 13-2 #
[Moved to Article 19 <Jun. 21, 2016>]
Article 13-3 #
[Moved to Article 20 <Jun. 21, 2016>]
Article 14(Write-off) #
If the Minister of Patriots and Veterans Affairs intends to record a write off pursuant to Article 36 (4) of the Act, a resolution to that effect shall be adopted by the Patriots and Veterans Entitlement Commission established pursuant to 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"). <Amended on May 23, 2023; Jul. 11, 2023>
[This Article Added on Jun. 21, 2016]
[(Previous) Article 14 moved to Article 21 <Jun. 21, 2016>]
Article 15(Grounds for exemption from obligation to return war veterans allowances) #
(1) Cases where exemption from obligation to return a war veterans allowance may be granted pursuant to Article 37 of the Act means any of the following cases: <Amended on Jul. 11, 2023>
1. Where the rank, military number, name, place of registration, etc. of a person notified as a war veteran are different from the details of notification in the military or police records;
2. Where it is impracticable to verify the fact that a person notified as a war veteran participated in the war, in the military or police record;
3. Where it is confirmed that a person who has received honorable treatment as a war veteran under the Act does not fall under the requirements for registration as a war veteran for reasons not attributable to such person.
(2) If the grounds for exemption from obligation to return a war veterans allowance, etc. under paragraph (1) occur, the Minister of Patriots and Veterans Affairs shall examine and verify such grounds without delay; and if the Minister intends to grant an exemption from such obligation, a resolution to that effect shall be adopted by the Patriots and Veterans Entitlement Commission. <Amended on May 23, 2023>
[This Article Added on Jun. 21, 2016]
Article 16(Determination of persons subject to suspension of honorable treatment) #
(1) If the Patriots and Veterans Entitlement Commission intends to adopt a resolution regarding any of the following matters, the Commission shall require the relevant person to attend its meeting to hear his or her opinion. In such cases, if the relevant person submits his or her opinion in writing, the person shall be deemed to have attended its meeting; and if he or she fails to attend its meeting at the designated time without good cause, he or she shall be deemed to have no opinion:
1. Suspension of honorable treatment under Article 38 (1) of the Act;
2. Exclusion from application of the Act under Article 39 (1) 5 of the Act;
3. Determination to register a person excluded from application of the Act pursuant to Article 39 (2) of the Act, as a person eligible for application of the Act.
(2) Where the chairperson of the Patriots and Veterans Entitlement Commission deliberates and resolves on matters regarding paragraph (1), the chairperson shall notify such determination to the Minister of Patriots and Veterans Affairs of without delay. <Amended on May 23, 2023>
(3) Upon receipt of a notification of the result under paragraph (2), the Minister of Patriots and Veterans Affairs shall determine matters specified in the subparagraphs of paragraph (1) within 20 days and shall notify the relevant person of the result thereof. <Amended on May 23, 2023>
[This Article Added on Jun. 21, 2016]
Article 17(Employees routinely engaged in public service for the State) #
"Employees prescribed by Presidential Decree who are routinely engaged in public service for the State or a local government" in Article 39 (1) 4 of the Act means any person specified in the subparagraphs of Article 2 of the Enforcement Decree of the Public Officials Pension Act.
[This Article Added on Jun. 21, 2016]
Article 17-2(Request for provision of data) #
The specific scope of data or information that the Minister of Patriots and Veterans Affairs may request from the head of a relevant agency under Article 39-2 (1) of the Act shall be as specified in Appendix 2. <Amended on May 23, 2023>
[This Article Added on Apr. 30, 2018]
Article 18(Delegation of authority) #
(1) The Minister of Patriots and Veterans Affairs shall delegate the authority over 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 Jeju Special Self-Governing Province Governor, if the relevant address is in Jeju Special Self-Governing Province) under Article 40 (1) of the Act; provided, if the authority is delegated to the Jeju Special Self-Governing Province Governor, the authority transferred to the Jeju Special Self-Governing Province Governor under Article 344 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, among the authority over the following matters, shall be excluded: <Amended on Oct. 19, 2021; Feb. 17, 2022; May 9, 2022; May 23, 2023; July 11, 2023; Oct. 1, 2025>
1. Receipt of applications for registration of war veterans, requests for verification of participation in the war, determination of whether to register war veterans, and notification thereof under Article 5 of the Act and Article 5 of this Decree;
2. Receipt of reports on changes in personal circumstances, subsequent measures and notification, and requests for the submission of materials under Article 5-2 of the Act;
3. Payment of war veterans allowances under Article 6 of the Act;
3-2. Payment of living allowances under Article 6-3 of the Act; and receipt of applications for payment of living allowances, inspections and inquiries for determination of persons eligible for such payment, request for providing financial information, etc., promotion of applications for payment of living allowances, payment of unpaid living allowances, and suspension of payment of living allowances under Articles 14-2 through 14-5, 18, and 20 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, which is applied mutatis mutandis in Article 6-3 (3) and (4) of the Act;
4. Entrustment of medical treatment and receipt of applications for payment of costs of prescription drugs under Article 7 of the Act and Article 9 (7) of this Decree;
5. Subsidization for nursing care under Article 8-2 of the Act;
6. Receipt of applications for payment of subsidies for nursing care under Article 8-3 of the Act;
7. Request for submission of materials, instructions for inspections and inquiries to public officials, rejection of applications for subsidies, or suspension of payment of subsidies under Article 8-4 of the Act;
Article 19(Management of sensitive information and personally identifiable information) #
(1) If it is unavoidable for performing the following business affairs, the Minister of Patriots and Veterans Affairs (including persons to whom the authority of the Minister is delegated, redelegated, or entrusted) may manage information about health under Article 23 of the Personal Information Protection Act and data containing a resident registration number, a passport number, or an alien registration number referred to in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of that Act: <Amended on Aug. 6, 2014; Dec. 30, 2015; Jun. 21, 2016; May 9, 2022; May 23, 2023; Jul. 11, 2023>
1. Registration and determination under Article 5 of the Act;
2. Reporting on changes in personal circumstances under Article 5-2 of the Act;
3. Honorable treatment of and support for war veterans under the Act and this Decree;
4. Requirements for membership under Article 19 of the Act;
5. Recovery of war veterans allowances, etc. and the interests thereon, collection of the arrears, and exemption from obligation to make a return under Articles 36 and 37 of the Act;
6. Suspension of honorable treatment under Article 38 of the Act;
7. Exclusion from the application of the Act under Article 39 of the Act;
8. Determination to allow the installment payment of a recovery amount and revocation of such determination under Article 13 (5) and (7).
(2) If it is unavoidable for performing the business affairs related to the support for war veterans and their families or bereaved families under the Act and this Decree, the head of a local government (in cases of the delegation or entrustment of the relevant authority, including persons to whom the authority has been delegated or entrusted) may manage data containing a resident registration number referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Added on Aug. 6, 2014>
(3) If it is unavoidable for performing business affairs related to the verification of participation in the war under subparagraph 2 (d) and (e) of Article 2 of the Act and Article 5 (3) of this Decree, the Minister of National Defense, etc. may manage data including a resident registration number referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Added on Jun. 21, 2016>
Article 20 #
Deleted. <Mar. 3, 2020>
Article 21(Criteria for imposition of administrative fines) #
The criteria for imposition of administrative fines under Article 42 (1) and (2) of the Act shall be as specified in Appendix 3.
[This Article Wholly Amended on Oct. 19, 2021]