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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICE TO THE MAY 18 DEMOCRATIZATION MOVEMENT AND ESTABLISHMENT OF RELATED ORGANIZATION — 법갈피

영문법령 / ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICE TO THE MAY 18 DEMOCRATIZATION MOVEMENT AND ESTABLISHMENT OF RELATED ORGANIZATION

ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICE TO THE MAY 18 DEMOCRATIZATION MOVEMENT AND ESTABLISHMENT OF RELATED ORGANIZATION

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CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to widely disseminate noble democratic value and to contribute to the development of a democratic society, by ensuring that the State reasonably provides honorable treatment to persons who have made a sacrifice or contribution in relation to the May 18 Democratization Movement and to their bereaved families or non-bereaved families.

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

Article 2(Fundamental concepts of honorable treatment) #

The May 18 Democratization Movement that contributed to the development of democracy and human rights in the Republic of Korea shall be respected permanently as a model of the elevated spirit of patriotism and nationalism from this generation to the next generations, and, according to the degree of a sacrifice and contribution, substantial assistance shall be provided to the persons who have rendered distinguished service to the Democratization Movement and their bereaved families or non-bereaved families to keep their honorable life maintained and guaranteed.

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

Article 3(Policy measures of the government) #

The State or local governments shall formulate policy measures to honor, inherit, and develop the ideas of the May 18 Democratization Movement to embody democracy and justice.

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

Article 4(Eligible persons) #

Any of the following persons who is registered under Article 7 (hereinafter referred to as "person of distinguished service to the May 18 Democratization Movement"), and his or her bereaved family or non-bereaved family shall receive honorable treatment under this Act: <Amended on Dec. 22, 2015>

1. Persons killed or missing in the May 18 Democratization Movement: Persons killed or missing in relation to the May 18 Democratization Movement or persons who died of the aftereffects of a wound inflicted (including a disease; hereinafter the same shall apply) due to the May 18 Democratization Movement, who have received compensation pursuant to the Act on Compensation to Persons Associated with the May 18 Democratization Movement;

Article 5(Scope of bereaved family or non-bereaved family) #

(1) The scope of the bereaved family or non-bereaved family of a person of distinguished service to the May 18 Democratization Movement, who is entitled to honorable treatment under this Act, shall be as follows:

1. The spouse;

2. Children;

3. Parents;

4. Grandparents who have no adult lineal descendant;

5. Minor younger siblings who have neither any lineal ascendant under 60 years of age nor any adult sibling.

(2) The spouse referred to in paragraph (1) 1 shall include a person who is in a de facto marital relationship; provided, this shall not apply where a spouse or person in a de facto marital relationship is or was in a de facto marital relationship with any person other than the relevant person of distinguished service to the May 18 Democratization Movement after he or she was married to or had a de facto marriage with the person of distinguished service to the May 18 Democratization Movement. <Amended on Dec. 22, 2015>

(3) In cases of children referred to in paragraph (1) 2, only one adopted child, whom a person of distinguished service to the May 18 Democratization Movement has adopted because he or she has no lineal descendant, shall be subject to this Act.

(4) In cases of parents referred to in paragraph (1) 3, if there is the spouse of a father or mother who has in fact reared or supported a person of distinguished service to the May 18 Democratization Movement in addition to his or her biological father or mother, one person who has mainly reared or supported the person of distinguished service to the May 18 Democratization Movement shall be deemed his or her father or mother.

(5) In cases of grandparents referred to in paragraph (1) 4, where an adult lineal descendant is a disabled person who is incapable of supporting his or her own livelihood as prescribed by Presidential Decree or an adult lineal descendant is a person falling under any of the following subparagraphs who is in compulsory service, a grandparent shall be deemed to have no adult lineal descendant: <Amended on Dec. 22, 2015; May 29, 2016; Dec. 31, 2019>

1. A soldier enlisted for active duty service under Article 16 or 20 of the Military Service Act (including a noncommissioned officer appointed without his or her voluntary application);

2. A person called to fulltime reserve service under Article 22 of the Military Service Act;

3. An auxiliary police officer or obligatory firefighter seconded under Article 25 of the Military Service Act;

4. A person called to social work personnel service under Article 2 (1) 10 of the Military Service Act;

5. A person called to alternative service under Article 2 (1) 17-2 of the Military Service Act.

(6) In cases of minor younger siblings referred to in paragraph (1) 5, even if the minor younger sibling has a lineal ascendant under 60 years of age or an adult sibling, he or she shall be deemed to have neither any lineal ascendant under 60 years of age nor any adult sibling where such lineal ascendant or adult sibling is a disabled person who is incapable of supporting his or her own livelihood as prescribed by Presidential Decree or a person falling under any subparagraph of paragraph (5) who is in compulsory service. <Amended on Dec. 22, 2015>

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

[Title Amended on Dec. 22, 2015]

Article 7(Registration and determination) #

(1) A person who intends to qualify as a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person shall file an application for registration with the Minister of Patriots and Veterans Affairs. <Amended on Dec. 22, 2015; Mar. 4, 2023>

(2) In receipt of an application for registration under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether the applicant qualifies as a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person, after confirming the requirements under Article 4 or 5 as prescribed by Presidential Decree. In such cases, the Minister of Patriots and Veterans Affairs shall request the chairperson of the Compensation Deliberation Committee to Persons Associated with the May 18 Democratization Movement under Article 4 of the Act on Compensation to Persons Associated with the May 18 Democratization Movement (hereinafter referred to as the "Compensation Deliberation Committee") to verify the facts related to such requirements, and the chairperson of the Compensation Deliberation Committee shall verify such facts and notify the Minister of Patriots and Veterans Affairs thereof, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015; Mar. 4, 2023>

(3) Where necessary to determine whether a person qualifies as a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person pursuant to the former part of paragraph (2), the Minister of Patriots and Veterans Affairs may undergo deliberation and resolution by the Board of Patriots and Veterans Entitlement 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 "Board of Patriots and Veterans Entitlement"). <Amended on Dec. 22, 2015; Mar. 4, 2023>

(4) Matters necessary for the order of priority of an application for registration under paragraph (1), the procedures for filing such application, etc. shall be prescribed by Presidential Decree. <Added on Dec. 22, 2015>

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

Article 8(Reporting of changes in personal circumstances) #

(1) If a person of distinguished service to the May 18 Democratization Movement or a bereaved family member or non-bereaved family member of the person falls under any of the following subparagraphs, a person eligible to file an application for registration under Article 7 (1) shall report such fact to the Minister of Patriots and Veterans Affairs without delay, as prescribed by Decree of the Ministry of Patriots and Veterans Affairs: <Amended on Jan. 30, 2009; Dec. 22, 2015; Jan. 5, 2021; Mar. 4, 2023>

1. Where he or she dies;

2. Where he or she loses his or her nationality;

3. Where he or she is no longer his or her bereaved family member or non-bereaved family member under Article 5;

4. Where he or she becomes his or her bereaved family member or non-bereaved family member under Article 5;

5. Where he or she falls under Article 94 (2);

6. Where he or she falls under any of Article 95 (1) 1 through 4 or paragraph (2) of the same Article;

7. Where he or she has been missing continuously for at least one year, or the ground for his or her unknown whereabouts ceases to exist;

8. Where his or her name, address, or date of birth has changed;

9. Where there is any change in personal status prescribed by Decree of the Minister of Patriots and Veterans Affairs.

(2) In receipt of a report under paragraph (1), the Minister of Patriots and Veterans Affairs shall take such measures as changing the order of priority of bereaved family members, revoking the relevant determination on registration, and determining additional registration, and notify the person reporting of the details thereof and the grounds therefor. <Added on Dec. 22, 2015; Mar. 4, 2023>

(3) In order to verify changes in personal circumstances referred to in the subparagraphs of paragraph (1), the Minister of Patriots and Veterans Affairs may request a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person to submit necessary materials. In such cases, a person who is requested to submit materials shall comply therewith unless there is good cause. <Added on Dec. 22, 2015; Mar. 4, 2023>

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

[Title Amended on Dec. 22, 2015]

Article 9(Creation and termination of entitlement to honorable treatment under this Act) #

(1) The entitlement to honorable treatment under this Act shall be effective from the month in which an application for registration under Article 7 (1) is filed; provided, where an application is filed for educational assistance under Article 12-3 (1), for the payment of a subsidy under Article 84-2 (2), or for the payment of a living allowance under Article 89-2, the entitlement to the relevant honorable treatment shall be effective from the month in which an application therefor is filed. <Amended on Dec. 22, 2015; Jan. 5, 2021; Aug. 17, 2021>

(2) If a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person falls under any of Articles 8 (1) 1 through 3 and 95 (1) or (2), his or her entitlement to honorable treatment under this Act shall be terminated in the month following the month in which the relevant cause occurs. In such cases, if a person of distinguished service to the May 18 Democratization Movement himself or herself falls under Article 8 (1) 2 or 95 (1), the entitlement of his or her family members to honorable treatment shall be terminated simultaneously. <Amended on Dec. 22, 2015; Jan. 5, 2021>

(3) If a person of distinguished service to the May 18 Democratization Movement or the bereaved family or non-bereaved family of the person falls under any of the following subparagraphs, his or her entitlement to honorable treatment under this Act shall be terminated retroactively to the date on which such entitlement was effective. In such cases, where the entitlement of a person of distinguished service to the May 18 Democratization Movement to honorable treatment is terminated, entitlement of the bereaved family or non-bereaved family of the person to honorable treatment shall be terminated simultaneously: <Amended on Dec. 22, 2015>

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

2. Where it is revealed that he or she fails to meet the requirements for registration as a person of distinguished service to the May 18 Democratization Movement, as the facts related to the requirements for persons of distinguished service to the May 18 Democratization Movement notified by the chairperson of the Compensation Deliberation Committee pursuant to the latter part of Article 7 (2) are found seriously insufficient to meet such requirements.

(4) When the Minister of Patriots and Veterans Affairs determines whether a person falls under any subparagraph of paragraph (3), he or she shall investigate and verify the facts related thereto and then undergo deliberation and resolution by the Board of Patriots and Veterans Entitlement. <Added on Dec. 22, 2015; Mar. 4, 2023>

(5) If the chairperson of the Compensation Deliberation Committee becomes aware of any fact falling under any subparagraph of paragraph (3), he or she shall notify the Minister of Patriots and Veterans Affairs of the details thereof without delay. <Added on Dec. 22, 2015; Mar. 4, 2023>

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

Article 12-3(Application for educational assistance) #

(1) A person falling under any subparagraph of Article 12 (3) who intends to obtain educational assistance (hereinafter referred to as "applicant for educational assistance") shall file an application for educational assistance with the Minister of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

(2) Where an applicant for educational assistance files an application under paragraph (1), the applicant and his or her household members (referring to persons who share living expenses or residence with the applicant, as prescribed by Presidential Decree; hereinafter the same shall apply) shall submit a written consent to the provision of the following materials or information: <Amended on Jan. 21, 2025>

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

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

3. Insurance premiums paid after the purchase of insurance under the subparagraphs of Article 4 (1) of the Insurance Business Act and other materials or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").

(3) In receipt of an application under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether educational assistance should be provided, according to the results of an inspection under Article 12-4. <Amended on Mar. 4, 2023>

(4) Matters necessary for the methods and procedures for filing an application for educational assistance under paragraph (1), the methods and procedures for giving consent under paragraph (2), etc., shall be prescribed by Presidential Decree.

[This Article Added on Dec. 22, 2015]

Article 12-5(Provision of financial information) #

(1) Notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) of the Credit Information Use and Protection Act, the Minister of Patriots and Veterans Affairs may request the head of a financial company, etc. (referring to a financial company, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or a credit information collection agency under Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information (hereinafter referred to as “financial information, etc.”), by documentation in electronic form into which the written consent submitted by an applicant for educational assistance and his or her household members pursuant to Article 12-3 (2) is converted. <Amended on Mar. 4, 2023; Jan. 21, 2025>

(2) Notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) the Credit Information Use and Protection Act, where deemed necessary to verify the eligibility for educational assistance of a recipient of educational assistance and his or her household members, the Minister of Patriots and Veterans Affairs may request the head of a financial company, etc. to provide financial information, etc., by a document stating personal information, the base date of inquiry, the period of inquiry, etc. prescribed by Presidential Decree or through an information and communications network (referring to an information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply). <Amended on Mar. 4, 2023; Jan. 21, 2025>

(3) Notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) of the Credit Information Use and Protection Act, the head of a finance company, etc. in receipt of a request to provide financial information, etc. in accordance with paragraphs (1) and (2), shall provide such information to the Minister of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

(4) The head of a financial company, etc. who provides financial information, etc. pursuant to paragraph (3) shall notify the relevant title holder of the fact that such information is provided; provided, where there exists a consent of the relevant title holder, such notification may be omitted, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality.

(5) A request to provide financial information, etc. and the provision thereof under paragraphs (1) through (3) shall be made through an information and communications network; provided, this shall not apply in extenuating circumstances, including damage to the information and communications network.

(6) No person who engages or engaged in the affairs referred to in paragraphs (1) and (2) shall use financial information, etc. acquired in the course of performing the affairs for any purpose other than that prescribed by this Act, nor shall furnish or disclose such information to any other person or institution.

(7) Matters necessary for requesting the provision of financial information, etc., providing such information, etc. under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree.

[This Article Added on Dec. 22, 2015]

Article 16(Exemption from tuition fees) #

(1) An educational institution shall exempt persons eligible for educational assistance from tuition fees, admission fees and other school expenses required for education (hereinafter referred to as "tuition fees"). <Amended on Dec. 22, 2015; May 29, 2016>

(2) Exemption from tuition fees, etc. under paragraph (1) shall be granted from the month in which a person eligible for educational assistance files an application for exemption from tuition fees, etc. with the head of an educational institution, after such person is determined to be registered as a person of distinguished service to the May 18 Democratization Movement or as the bereaved family member or non-bereaved family member of the person pursuant to Article 7 (2); provided, from among educational institutions, a university or college, a lifelong educational establishment in the form of a cyber college, or an education and training institution operating a course of study, the credits of which are recognized as those necessary to obtain an academic degree equal to or higher than a junior college (hereinafter referred to as "university or college"), shall exempt a person eligible for educational assistance from tuition fees, etc., beginning with tuition fees, etc. with the first payment deadline arrived on or after he or she files an application for exemption from tuition fees, etc. <Amended on Jan. 30, 2009; Dec. 22, 2015>

(3) Where a private university or college, etc. exempts a person eligible for educational assistance who falls under Article 12 (1) 3 or 4 from tuition fees, etc. pursuant to paragraphs (1) and (2), the State shall subsidize half of the amount exempted.

(4) The State may subsidize the amount equivalent to tuition fees, etc. actually borne by a person eligible for educational assistance until he or she is exempt from tuition fees, etc. pursuant to paragraph (2), after filing an application for registration as a person of distinguished service to the May 18 Democratization Movement or as the bereaved family of non-bereaved family of the person; provided, where any ground prescribed by Presidential Decree exists, including obtaining a national subsidy for the amount equivalent to tuition fees, etc. pursuant to other statutes and regulations, the State shall not subsidize the amount equivalent thereto. <Amended on Dec. 22, 2015>

(5) Matters necessary for the term of years during which tuition fees, etc. are exempted or subsidized for persons eligible for educational assistance pursuant to paragraphs (1) through (4), the standards therefor, subsidization for educational institutions providing educational assistance, etc. shall be prescribed by Presidential Decree.

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

Article 22(Additional scores in employment examination) #

(1) Where an institution providing employment assistance conducts an employment examination to hire its employees, it shall add scores according to the following classifications to the score earned by a person eligible for employment assistance who applies for the employment examination: <Amended on Dec. 22, 2015>

1. Persons eligible for employment assistance in whose case 10 percent of a perfect score is added:

(a) Persons falling under Article 20 (1) 1;

(b) Persons falling under Article 20 (1) 2 or 4;

2. Persons eligible for employment assistance in whose case 5 percent of a perfect score is added:

(a) Persons falling under Article 20 (1) 3;

(b) Persons falling under Article 20 (1) 5;

(2) Where an employment examination referred to in paragraph (1) is divided into a written test, a performance test, an oral test, etc. to be conducted accordingly, scores shall be added for each test according to the classifications under the subparagraphs of paragraph (1), and where an examination is conducted for at least two subjects, scores shall be added for each subject according to the classifications under the subparagraphs of paragraph (1); provided, this shall not apply where there is a subject in which a person eligible for employment assistance earns a score less than 40 percent of each perfect score or in cases of an examination the results of which cannot be converted into scores. <Amended on Dec. 22, 2015>

(3) The number of persons who pass an employment examination by receiving additional scores pursuant to paragraphs (1) and (2) (including persons who pass an employment examination by receiving additional scores pursuant to Article 31 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, Article 16 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, Article 35 of the Act on Support for Persons Eligible for Veteran’s Compensation, Article 7-9 of the Act on Assistance to Patients Suffering From Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations, or Article 24 of the Act on Honorable Treatment of Persons of Distinguished Service during Special Missions and Establishment of Related Organizations) shall not exceed 30 percent of the number of persons to be selected by the employment examination (where the number of persons to be selected with additional scores is calculated, the score shall be rounded down); provided, this shall not apply where the number of applicants is equal to or less than the number of persons to be selected. <Amended on Jan. 30, 2009; Aug. 4, 2011; Dec. 22, 2015>

(4) In determining successful applicants in an employment examination, if there is a tie in scores in excess of the number of persons to be selected, a person eligible for employment assistance from among the same score earners shall be given priority and determined as a successful applicant.

(5) The ranks, classes, and positions of persons eligible for additional scores in an employment examination under paragraphs (1) and (2) and other matters necessary for awarding additional scores in an employment examination shall be prescribed by Presidential Decree.

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

Article 23(Obligation of State agencies to employ) #

(1) An institution providing employment assistance which falls under subparagraph 1 of Article 21, the head of which has the authority to appoint public officials in general service and civilian military employees in general service prescribed by Presidential Decree (hereinafter referred to as "public officials in general service"), and which has the prescribed number of public officials in general service, etc. being at least five (hereinafter referred to as "State agency"), shall employ persons eligible for employment assistance as public officials in general service, etc. at least at the employment ratio prescribed by Presidential Decree (hereinafter referred to as "employment ratio"), out of the prescribed number of public officials in general service, etc. In such cases, the prescribed number of public officials in general service, etc. shall be deemed to be included in that of the State agency, etc. which has the authority to appoint such public officials in general service, etc. <Amended on Jan. 28, 2014; Dec. 20, 2016>

(2) Where the head of a State agency, etc. who fails to employ persons eligible for employment assistance as public officials in general service, etc. at least at the employment ratio specified in paragraph (1) receives a recommendation for persons eligible for employment assistance from the Minister of Patriots and Veterans Affairs when newly employing public officials in general service, etc., he or she shall select and specially employ persons from among such recommended persons eligible for employment assistance, notwithstanding the provisions of other statutes and regulations governing the employment of public officials in general service, etc. <Amended on Jan. 28, 2014; May 29, 2016; Mar. 4, 2023>

(3) When the Minister of Patriots and Veterans Affairs recommends persons eligible for employment assistance under paragraph (2), he or she shall recommend multiple persons; provided, he or she shall not do so where the number of persons eligible for recommendation is equal to or less than the number of persons to be employed. <Added on May 29, 2016; Mar. 4, 2023>

(4) Matters necessary for the procedures for requesting a recommendation for persons eligible for employment assistance under paragraph (2), the standards for recommendation, special employment, etc. shall be prescribed by Presidential Decree. <Amended on May 29, 2016>

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

Article 25(Special employment of veterans) #

(1) The Minister of Patriots and Veterans Affairs shall recommend multiple persons eligible for employment assistance to an enterprise, etc. that fails to meet the employment rate specified in Article 24-2, as prescribed by Presidential Decree, so that the enterprise, etc. can select persons to employ; provided, he or she may not recommend multiple persons eligible for employment assistance in any of the following cases: <Amended on Jan. 30, 2009; Dec. 22, 2015; Mar. 4, 2023>

1. Where a person eligible for employment assistance falls under any of Article 20 (1) 1 through 3;

2. Deleted; <Dec. 22, 2015>

3. Where the number of persons who may be recommended to the relevant enterprise, etc. from among the persons eligible for employment assistance who have applied for employment assistance is equal to or less than the number of persons that the enterprise, etc. is to be ordered to employ;

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

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

(2) An enterprise, etc. which receives a recommendation for multiple persons eligible for employment assistance pursuant to paragraph (1) shall select persons to employ from among the recommended persons and shall notify the Minister of Patriots and Veterans Affairs of such selection, as prescribed by Presidential Decree. <Added on Jan. 30, 2009; Mar. 4, 2023>

(3) The Minister of Patriots and Veterans Affairs may order an enterprise, etc. to employ persons eligible for employment assistance according to the following classifications, as prescribed by Presidential Decree: <Added on Jan. 30, 2009; Mar. 4, 2023>

1. Where an enterprise, etc. gives notice under paragraph (2): Persons eligible for employment assistance selected by the enterprise, etc.;

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

3. Where multiple persons have not been recommended pursuant to the proviso, with the exception of the subparagraphs, of paragraph (1): Persons eligible for assistance in employment, designated by the Minister of Patriots and Veterans Affairs.

(4) Where the Minister of Patriots and Veterans Affairs issues an order for employment pursuant to paragraph (3), he or she shall designate an enterprise, etc. and shall notify the relevant person eligible for employment assistance that the person will be employed in the enterprise, etc., as prescribed by Presidential Decree. <Amended on Jan. 30, 2009; Mar. 4, 2023>

(5) Where an enterprise, etc. is, pursuant to paragraph (3), ordered to employ a person falling under Article 20 (1) 4 or 5, the upper age limit for assistance in such employment, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 30, 2009; Dec. 22, 2015>

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

Article 34(Medical treatment) #

(1) Where a person wounded in the May 18 Democratization Movement needs medical treatment for his or her wound or suffers from a disease (including an injury; hereafter the same shall apply in this Article), he or she shall receive medical treatment at a medical institution operated by the State [including a veterans hospital under Article 7 of the Korea Veterans Health Service Act (hereinafter referred to as "veterans hospital")] or by a local government, as prescribed by Presidential Decree; provided, this shall not apply to a disease intentionally caused by the person himself or herself. <Amended on Dec. 22, 2015; Apr. 20, 2021>

(2) The State may entrust medical treatment under paragraph (1) to medical institutions that are not operated by the State or a local government. <Amended on Dec. 22, 2015>

(3) Expenses incurred in medical treatment under paragraphs (1) and (2) shall be borne by the State; provided, where medical treatment is provided by a medical institution operated by a local government, part of the expenses incurred therein may be borne by the local government, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015>

(4) Where a person who is determined to have a lower disability rating than that prescribed by Presidential Decree, from among persons wounded in the May 18 Democratization Movement, suffers from any disease other than his or her wound and receives medical treatment at a medical institution under paragraph (1) or a medical institution to which medical treatment is entrusted under paragraph (2), he or she may be required to bear part of the expenses incurred in such medical treatment as prescribed by Presidential Decree, notwithstanding paragraph (3). <Amended on Dec. 22, 2015>

(5) Any of the following persons shall receive medical treatment at a veterans hospital. In such cases, expenses incurred in such medical treatment shall be reduced or exempted, as prescribed by Presidential Decree, within the limits of expenses to be borne by the relevant person himself or herself, and the expenses reduced or exempted shall be paid by the Minister of Patriots and Veterans Affairs to the Korea Veterans Health Service established under the Korea Veterans Health Service Act (hereinafter referred to as the “Service”) within the budget: <Added on Dec. 22, 2015; Apr. 20, 2021; Mar. 4, 2023>

1. Any other victim of the May 18 Democratization Movement;

2. The spouse of a person of distinguished service to the May 18 Democratization Movement, among the family members of the person;

3. One person given priority according to the order of priority under the subparagraphs of Article 5 (1), among the bereaved family members of a person of distinguished service to the May 18 Democratization Movement; in such cases, when the person given priority is the father or mother of a person of distinguished service to the May 18 Democratization Movement, the mother or father who is not the person given priority shall be included.

(6) In applying paragraph (5) 3, where at least two persons are in the same order of priority among bereaved family members, Article 13 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the determination of a person given higher priority. <Added on Dec. 22, 2015>

(7) Matters necessary for medical assistance, such as the methods and procedures for, and the scope and upper limit of, medical treatment or subsidization of expenses for medical treatment under paragraphs (1) through (6), shall be prescribed by Presidential Decree. <Added on Dec. 22, 2015>

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

Article 49(Security) #

(1) In order to facilitate the purchase, etc. of farmland or a house by a person who is to obtain a loan for purchasing farmland or a housing loan (excluding loans for improving a house and loans for renting a house; hereafter the same shall apply in this Article), the Minister of Patriots and Veterans Affairs may guarantee the payment of the relevant loan for such person, as prescribed by Presidential Decree. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(2) A person who obtains a loan for purchasing farmland or a housing loan shall offer to the State the property to be acquired with the loan as security by the time at which the loan is fully repaid. <Amended on Mar. 28, 2008>

(3) Notwithstanding paragraph (2), where a loan for purchasing a house is granted for the purchase of a multi-family housing unit such as an apartment house, if the registration of ownership of the housing unit is anticipated to be delayed for a considerable period of time without reasons attributable to the person who is to obtain the loan, the Minister of Patriots and Veterans Affairs may, by applying mutatis mutandis paragraph (5), permit the person to furnish other security, without taking the housing unit as security until the person can offer it as security. <Amended on Mar. 28, 2008; Mar. 4, 2023>

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

(5) A person who obtains a loan for improving a house, loan for renting a house, business loan, or loan for living a stable life, shall offer his or her real property as security to the State; provided, if a person who obtains a loan has no real property to offer as security, the Minister of Patriots and Veterans Affairs may require such person to provide a guarantor or furnish any other security. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(6) When the Minister of Patriots and Veterans Affairs deems it impracticable to preserve a claim only with the security offered under paragraphs (2), (3), and (5), he or she may take measures necessary to preserve the claim. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(7) If any of the following grounds exists, a person who obtained a loan for purchasing farmland or a housing loan shall, in lieu of the real property already offered as security, offer any other real property with a value of not less than the amount of debt he or she has not yet repaid, as security to the State, upon obtaining approval from the Minister of Patriots and Veterans Affairs; provided, in the case of subparagraph 3, the newly purchased real property shall be offered to the State as security: <Amended on Mar. 28, 2008; Mar. 4, 2023>

1. Where the secured property is expropriated pursuant to any Act (Excluding cases of partial expropriation that does not affect the preservation of the relevant claim);

2. Where replacement of the secured property is unavoidable due to an act of God or disaster or on other grounds similar thereto;

3. Where selling the farmland or house acquired with the loan is unavoidable and another real property for the same purpose is purchased.

(8) Where it is unavoidable for a person who obtained a loan for improving a house, loan for renting a house, business loan, or loan for living a stable life to replace the real property he or she offered as security due to his or her business operations or any other unavoidable cause, he or she shall furnish the State with any real property with a value of not less than the amount of debt he or she has not yet repaid or with the security determined by the Minister of Patriots and Veterans Affairs; provided, furnishing security other than real property shall be permitted only where the amount of debt he or she has not yet repaid is not more than the amount prescribed by the Minister of Patriots and Veterans Affairs. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(9) If a loan is fully repaid, the Minister of Patriots and Veterans Affairs shall undergo the procedures for canceling the relevant mortgage. <Amended on Mar. 28, 2008; Mar. 4, 2023>

Article 66(Approval of profit-making business) #

(1) Each organization that intends to conduct profit-making business pursuant to Article 65 (1) shall obtain approval of the relevant business from the Minister of Patriots and Veterans Affairs following deliberation or decision by the welfare services deliberation committee established under Article 70. The same shall also apply where it intends to change an approved important matter prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

(2) Where each organization which has obtained approval pursuant to the former part of paragraph (1) intends to change any matter prescribed by Decree of the Ministry of Patriots and Veterans Affairs among matters that are not approved important matters under the latter part of the same paragraph, it shall report the matter changed to the Minister of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

(3) Where all of the following requirements are met, the Minister of Patriots and Veterans Affairs may approve profit-making business: <Amended on Mar. 4, 2023>

1. A type of business and items shall be deemed suitable for each organization, in view of its financing capacity, capability to perform business, the scale of investment, the status of operating profit-making business, etc.;

2. Each organization shall directly operate profit-making business, such as by directly producing goods with facilities, human resources, etc. for profit-making business that meet standards or directly performing and providing service, etc., as prescribed by Decree of the Ministry of Patriots and Veterans Affairs;

3. Profits from profit-making business shall be used for the purpose of the establishment of each organization.

(4) Where approval of profit-making business operated by each organization is revoked pursuant to Article 69 (1), the Minister of Patriots and Veterans Affairs shall not approve the relevant profit-making business for one year from the date of such revocation. <Amended on Mar. 4, 2023>

(5) Matters necessary for approval or change of approved matters under paragraph (1), procedures for reporting under paragraph (2), detailed requirements necessary for approval under paragraph (3), etc. shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

[This Article Added on Jan. 5, 2021]

[(previous) Article 66 moved to Article 94 <Jan. 5, 2021>]

Article 69(Revocation of approval of profit-making business) #

(1) Where each organization who has obtained approval of profit-making business pursuant to Article 66 (1) falls under any of the following, the Minister of Patriots and Veterans Affairs may revoke approval of the relevant profit-making business or issue an order to suspend such business for up to six months; provided, approval of the business shall be revoked in any case falling under subparagraph 1 or 4: <Amended on Mar. 4, 2023>

1. Where it has obtained approval of the profit-making business by fraud or other improper means;

2. Where it fails to operate the approved profit-making business for at least two years or discontinues the relevant profit-making business;

3. Where it violates the requirements referred to in Article 66 (3), such as failure to directly operate the approved profit-making business;

4. Where it lends its name to other persons to allow them to conduct profit-making business, in violation of Article 67 (1);

5. Where it refuses an audit under Article 73 (1) or an audit and inspection under Article 73 (4), or undergoes a false audit or audit and inspection;

6. Where it refuses, obstructs, or evades a fact-finding survey conducted under Article 74 (1);

7. Where it fails to take corrective measures under Article 79;

8. Where it refuses, obstructs, or evades an investigation or inspection conducted under Article 80 (1);

9. Where it refuses to submit a report or materials under Article 81, or submits a false report or materials;

10. Where it continues to operate profit-making business, in violation of an order to suspend such business;

11. Where it violates this Act or matters prescribed by Decree of the Ministry of Patriots and Veterans Affairs.

(2) When the Minister of Patriots and Veterans Affairs revokes approval of profit-making business or issue an order to suspend such business pursuant to paragraph (1), he or she may allow each organization to continue performing its business affairs specified in the contract for the relevant profit-making business concluded before it is subject to such revocation or suspension. In such cases, each organization shall notify the other party to the relevant contract of the revocation and suspension and the details thereof within the period prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

(3) Matters necessary for detailed standards for administrative dispositions under paragraphs (1) and (2) and other matters shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

[This Article Added on Jan. 5, 2021]

[(previous) Article 69 moved to Article 97 <Jan. 5, 2021>]

Article 70(Establishment of welfare services deliberation committee) #

(1) Each organization shall have a welfare services deliberation committee (hereinafter referred to as "deliberation committee") that deliberates on matters regarding the operation of profit-making business.

(2) A deliberation committee shall deliberate and decide on the following matters:

1. Matters regarding the commencement, suspension, and discontinuation of profit-making business;

2. Matters regarding determinations on the scale of investment in profit-making business, etc.;

3. Matters regarding a plan to use profits or any change to such plan;

4. Matters regarding the results of an audit on profit-making business and the appropriateness of such business;

5. Other significant matters regarding the operation of profit-making business.

(3) A deliberation committee shall consist of at least 5 but up to 10 members including 1 chairperson, and the following persons shall serve as its members: <Amended on Mar. 4, 2023>

1. Two executive officers or employees appointed by the chairperson of the relevant organization;

2. The following persons appointed or commissioned by the Minister of Patriots and Veterans Affairs; in such cases, a person falling under items (b) through (c) shall not be appointed or commissioned from among public officials belonging to the Ministry of Patriots and Veterans Affairs or persons belonging to the relevant organization:

(a) One public official of the Ministry of Patriots and Veterans Affairs;

(b) At least one attorney-at-law;

(d) Other persons whom the Minister of Patriots and Veterans Affairs deems necessary from among persons who have substantial expertise and experience related to profitable projects.

(4) The chairperson of a deliberation committee shall be elected among and by its members.

(5) Where a deliberation committee deliberates and decides on the matters specified in paragraph (2) 1, it shall consider the profitability, growth potential, and stability of profit-making business and its impact on the market.

(6) Each organization shall operate profit-making business following deliberation and decision by the deliberation committee on the matters specified in the subparagraphs of paragraph (2), and shall comply with the results of its deliberation and decision unless there is good reason; provided, where each organization has any objection to the results of the deliberation and decision, it may request a re-deliberation, as prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

(7) Except as provided in paragraphs (3) and (4), matters necessary for the composition of a deliberation committee shall be prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

[This Article Added on Jan. 5, 2021]

[(previous) Article 70 moved to Article 98 <Jan. 5, 2021>]

Article 78(Preferential sale of state or public property) #

(1) If necessary for the operation and welfare programs of each organization, the State or a local government may sell State or public property preferentially to each organization, or may lease it such property or allow it to use or profit from the property with or without consideration, notwithstanding the State Property Act or the Public Property and Commodity Management Act.

(2) If necessary for the operation and welfare programs of each organization, the State or a local government may transfer commodities without compensation or lease them with or without compensation to each organization, notwithstanding the Commodity Management Act or the Public Property and Commodity Management Act.

(3) Where the State or a local government sells State or public property preferentially to each organization, or leases it such property or allows it to use or profit from the property with or without compensation under paragraph (1), the Minister of Patriots and Veterans Affairs may request the head of a central administrative agency or local government related to the management and disposal of the relevant property (including a person to whom affairs concerning the management and disposal of state or public property are delegated or entrusted under statutes and regulations) to provide materials regarding the relevant contract such as the details and conditions thereof, as prescribed by Decree of the Ministry of Patriots and Veterans Affairs. In such cases, the head of an agency in receipt of a request for provision of materials shall comply therewith unless there is good reason. <Amended on Mar. 4, 2023>

(4) Where each organization intends to dispose of State or public property purchased pursuant to paragraph (1) (referring to the transfer of ownership by sale, exchange, transfer, trust, or investment in kind), it shall report matters concerning the relevant contract, including the details and conditions of such disposal, to the Minister of Patriots and Veterans Affairs not later than 30 days before the date the contract is concluded, as prescribed by Decree of the Ministry of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

[This Article Added on Jan. 5, 2021]

Article 89-2(Living allowance) #

(1) Any of the following persons who are 80 years or older may be paid a living allowance, in consideration of the standards of their living as prescribed by Presidential Decree:

1. A person of distinguished service to the May 18 Democratization Movement;

2. One person higher in the order of priority pursuant to the subparagraphs of Article 5 (1) among the bereaved family members of a person of distinguished service to the May 18 Democratization Movement.

(2) Where a person entitled to a living allowance under paragraph (1) falls under any of the following, the person shall choose to be paid either a living allowance prescribed in paragraph (1) or a cost of living allowance or living allowance prescribed in the following subparagraphs:

1. Where he or she receives a living allowance pursuant to Article 7-10 of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations;

2. Where he or she receives a cost of living allowance pursuant to Article 14 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

3. Where he or she receives a cost of living allowance pursuant to Article 14 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence;

4. Where he or she receives a cost of living allowance pursuant to Article 13 of the Act on Support for Persons Eligible for Veteran’s Compensation;

5. Where he or she receives a living allowance pursuant to Article 6-3 of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations;

6. Where he or she receives a living allowance pursuant to Article 75-2 of the Act on Honorable Treatment of Persons of Distinguished Service during Special Missions and Establishment of Related Organizations.

(3) In applying paragraph (1) 2, where at least two persons are in the same order of priority among bereaved family members, Article 13 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the determination of a person granted higher priority. In such cases, "compensation" shall be construed as "living allowance".

(4) Articles 14-2 through 14-5 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State shall apply mutatis mutandis to an application for the payment of a living allowance, the Minister of Patriots and Veterans Affairs' authority for inspections, inquiries, etc. to verify and examine an entitlement to such allowance, requests for financial information, etc., and the promotion of an application for a living allowance. In such cases, "cost of living allowance" shall be construed as "living allowance". <Amended on Mar. 4, 2023>

(5) Articles 17-2, and 18 through 20 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the payment of a living allowance, the protection of the rights, the suspension of the payment of a living allowance, etc.

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

[This Article Added on Aug. 17, 2021]

Article 92(Recovery of learning subsidies) #

(1) If a person who has received honorable treatment under this Act (including an heir) falls under any of the following cases, the Minister of Patriots and Veterans Affairs shall recover learning subsidies (including tuition fees subsidized under Articles 16 and 16-2), vocational rehabilitation training expenses or vocational skills development training expenses under Article 30, subsidies or aids for ability development under Article 31, expenses for medical assistance under Articles 34 and 34-2, subsidies under Article 48, subsidies for medical care assistance under Article 84-2, and living allowances under Article 89-2 that the person has received (hereinafter referred to as "learning subsidies"); and in the case of subparagraph 1, where a person liable to pay is found responsible, the learning subsidies, etc. he or she has received plus interest prescribed by Presidential Decree shall be recovered; provided, an heir shall be liable to pay a sum not exceeding the value of the property obtained by inheritance: <Amended on Jan. 30, 2009; Dec. 22, 2015; Jan. 5, 2021; Apr. 20, 2021; Aug. 17, 2021; Jan. 17, 2023; Mar. 4, 2023>

1. Where the person has received honorable treatment by fraud or other improper means;

2. Where the ground for receiving honorable treatment ceases to exist retroactively after the person has received such treatment;

3. Where payments are made by mistake.

(2) Where a person liable to pay the amount to be recovered under paragraph (1) fails to pay it by the deadline, the Minister of Patriots and Veterans Affairs shall collect the arrears, as prescribed by Presidential Decree. <Added on Jan. 17, 2023; Mar. 4, 2023>

(3) Where a person liable to pay the amount to be recovered or arrears under paragraph (1) or (2) fails to do so by the deadline, the Minister of Patriots and Veterans Affairs may collect them in the same manner as national taxes are compulsorily collected. <Amended on Jan. 30, 2009; Jan. 17, 2023; Mar. 4, 2023>

(4) Where the Minister of Patriots and Veterans Affairs recovers or collects the amount to be recovered or arrears pursuant to paragraphs (1) through (3), but where it is deemed impossible to recover or collect them as the person liable to pay them is missing or has no property or for any unavoidable cause, the Minister of Patriots and Veterans Affairs may write off the amount to be recovered or arrears. <Amended on Jan. 30, 2009; Jan. 17, 2023; Mar. 4, 2023>

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

[Moved from Article 64 <Jan. 5, 2021>]

Article 95(Exclusion from persons subject to this act) #

(1) If a person of distinguished service to the May 18 Democratization Movement who is or is to be subject to this Act, falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude the person from persons subject to this Act and shall not provide any honorable treatment for which the person and his or her bereaved family or non-bereaved family are otherwise eligible under this Act and other Acts: <Amended on Apr. 15, 2010; Dec. 18, 2012; Apr. 5, 2013; Dec. 22, 2015; Jan. 6, 2016; Oct. 31, 2017; Mar. 13, 2018; Apr. 20, 2021; Mar. 4, 2023>

1. A person in whose case his or her imprisonment without labor or a heavier punishment declared by a court, in a violation of the National Security Act, becomes final and conclusive;

2. A person in whose case his or her imprisonment without labor or a heavier punishment declared by a court, in a violation of Articles 87 through 90, 92 through 101, or 103 of the Criminal Act becomes final and conclusive;

3. A person in whose case his or her imprisonment without labor for at least one year or a heavier punishment declared by a court, for committing any of the following crimes, becomes final and conclusive:

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

(b) A crime specified in Articles 2 (1), 3 (3), and 6 (limited to attempted crimes under Articles 2 (1) and 3 (3)) of the Punishment of Violences Act before amended by Act No. 13718;

(d ) A crime specified in Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes;

(e) A crime specified in Articles 3 through 10, and 15 (limited to attempted crimes under Articles 3 through 9) of the Act on Special Cases concerning the Punishment of Sexual Crimes;

(f) A crime specified in Articles 7, 8, 11 through 16, and 17 (1) of the Act on the Protection of Children and Youth against Sex Offenses;

(g) A crime specified in Articles 11, 11-2, 12, 13, 13-2 and 15 of the Military Secret Protection Act;

4. A public official specified in Article 2 of the State Public Officials Act or Article 2 of the Local Public Officials Act, or an employee prescribed by Presidential Decree who ordinarily engages in public services in the State or a local government, in whose case his or her imprisonment without labor for at least one year or a heavier punishment declared by a court, for committing a crime specified in Articles 129 through 133 and 355 through 357 of the Criminal Act or Articles 2 and 3 of the Act on the Aggravated Punishment of Specific Crimes, in connection with his or her duties during the term of his or her service, becomes final and conclusive;

5. A person who habitually commits an act damaging dignity prescribed by Presidential Decree.

(2) If a bereaved family member or non-bereaved family member of a person of distinguished service to the May 18 Democratization Movement, who is or is to be subject to this Act, falls under any subparagraph of paragraph (1), the Minister of Patriots and Veterans Affairs shall exclude the family member from persons subject to this Act and shall not provide any honorable treatment for which he or she is otherwise eligible. <Amended on Dec. 22, 2015; Mar. 4, 2023>

(3) If a person excluded from persons subject to this Act pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may determine the person as a person subject to this Act and provide honorable treatment to him or her, upon receiving an application for registration under Article 7, only where he or she is deemed to have remorse in a significant manner; provided, this shall not apply to cases falling under paragraph (1) 2: <Amended on Jan. 30, 2009; May 29, 2016; Mar. 4, 2023>

1. Where three years have passed since his or her imprisonment without labor or a heavier punishment declared by a court was completely executed or the non-execution of such sentence became final;

2. Deleted; <Jan. 30, 2009>

3. Except subparagraph 1, where two years have passed since he or she was excluded from the category of persons subject to this Act.

(4) When the Minister of Patriots and Veterans Affairs excludes a person of distinguished service to the May 18 Democratization Movement from persons subject to this Act, on any ground falling under paragraph (1) 1 or 5 or determines a person excluded from those subject to this Act as a person subject to this Act again pursuant to paragraph (3), he or she shall undergo deliberation and resolution by the Board of Patriots and Veterans Entitlement. <Amended on Dec. 22, 2015; May 29, 2016; Mar. 4, 2023>

(5) Where the Minister of Patriots and Veterans Affairs intends to suspend honorable treatment pursuant to Article 94 (2) or to exclude a person from persons subject to this Act pursuant to paragraph (1) or (2), he or she may request the heads of relevant agencies to provide criminal history records or information on admission to correctional institutions of the relevant person. <Amended on Oct. 31, 2017; Jan. 5, 2021; Mar. 4, 2023>

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

[Moved from Article 67 <Jan. 5, 2021>]

Article 95-2(Request for provision of materials) #

(1) In order to conduct the following business affairs, the Minister of Patriots and Veterans Affairs may request the heads of relevant agencies to provide information on resident registration, registered matters concerning family relations, registered matters concerning overseas Korean nationals, materials concerning military service, materials concerning national and local taxes, materials concerning income and property, materials concerning various kinds of pensions and insurance including the National Pension and the National Health Insurance, materials concerning the receipt of livelihood, housing, medical, and educational benefits, immigration records, etc. In such cases, the heads of relevant agencies in receipt of such request shall comply therewith unless there is good cause: <Amended on Jan. 5, 2021; Aug. 17, 2021; Mar. 4, 2023; Feb. 13, 2024; Jan. 21, 2025>

1. Registering persons of distinguished service to the May 18 Democratization Movement and their bereaved families or non-bereaved families under Article 7;

2. Affairs relating to the reporting of changes in persons of distinguished service to the May 18 Democratization Movement and their bereaved families or non-bereaved families under Article 8;

3. Conducting an inspection to verify eligibility for educational assistance under Article 12-4 (1);

4. Subsidizing tuition fees, etc. for private universities or colleges, etc. under Article 16 (3);

5. Verifying the actual state of employment or hiring by institutions providing employment assistance under Articles 24 (2) and 24-3 (2);

6. Loans under Article 45 (2);

7. Furnishing security and preserving claims under Article 49 (3), (5), and (6);

8. Affairs relating to succession to loans under Article 54;

9. Subsidizing medical care assistance under Article 84-2;

10. Supplying housing preferentially under Article 89;

10-2. Payment of a living allowance, and inspection to verify whether an entitlement to such allowance arises or is lost pursuant to Article 89-2;

10-3. Provision of funeral services under Article 89-3;

11. Recovering learning subsidies, etc. and taking a disposition on deficits under Article 92;

12. Suspending honorable treatment under Article 94;

13. Excluding persons from those subject to this Act under Article 95.

(2) The Minister of Patriots and Veterans Affairs may connect and use the information system under Article 6-2 (2) of the Social Welfare Services Act to verify the materials or information referred to in paragraph (1). <Amended on Mar. 4, 2023>

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

(4) The detailed scope of materials or information which may be requested under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Added on Oct. 31, 2017]

[Moved from Article 67-2 <Jan. 5, 2021>]

Article 98(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Dec. 22, 2015; Oct. 31, 2017; Jan. 5, 2021; Aug. 17, 2021>

1. A person who receives honorable treatment under this Act, or causes any other person to receive such treatment, by fraud or other improper means;

2. A person who uses, provides, or divulges financial information, etc., in violation of Article 12-5 (6) (including cases to which the aforesaid paragraph shall apply mutatis mutandis, in the latter part of Article 84-2 (2) and the latter part of Article 89 (3));

2-2. A person who uses, provides, or divulges financial information, etc., in violation of Article 14-4 (6) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State applicable mutatis mutandis under Article 89-2 (4);

3. A person who retrieves, uses, provides, or divulges materials or information, in violation of Article 95-2 (3).

(2) A person who attempts to commit a crime referred to in paragraph (1) 1 shall be punished. <Amended on Dec. 22, 2015>

(3) A person who violates Article 96 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Oct. 31, 2017; Jan. 5, 2021>

(4) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Added on Jan. 5, 2021>

1. A person who obtains approval of profit-making business or allows other persons to obtain such approval under Article 66 (1) by fraud or other improper means;

2. A person who lends the name of each organization to other persons to allow them to engage in profit-making business in violation of Article 67 (1) or who engages in profit-making business under the name of each organization in violation of paragraph 2 of the same Article.

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

[Moved from Article 70 <Jan. 5, 2021>]

Article 100(Administrative fines) #

(1) Any person who fails to comply with an order for employment issued under Article 25 (3) without good cause shall be subject to an administrative fine of not more than 10 million won. <Amended on Jan. 30, 2009; Jun. 12, 2018>

(2) Any of the following persons shall be subject to an administrative fine of not more than five million won: <Added on Jan. 5, 2021>

1. A person who operates profit-making business that is not approved, in violation of Article 66 (1);

2. A person who refuses an audit under Article 73 (1) or an audit and inspection under paragraph (4) of the same Article, or undergoes a false audit or audit and inspection;

3. A person who refuses, obstructs, or evades a fact-finding survey referred to in Article 74 (1) or an investigation or inspection referred to in Article 80 (1);

4. A person who fails to report or falsely reports matters regarding State or public property under Article 78 (4);

5. A person who handles accounting, in violation of the standards for finance and accounting pursuant to Article 82.

(3) Any of the following persons shall be subject to an administrative fine of not more than three million won: <Amended on Dec. 22, 2015; Jan. 5, 2021>

1. A person who fails to file a report or files a false report, under Article 24-3 (1);

2. A person who fails to comply with a request for explanation or makes a false statement, under Article 24-3 (2), or a person who refuses, obstructs, or evades the submission of materials;

3. A person who fails to comply with a request for rectification under Article 28 (2);

4. A person who fails to submit a report or materials, or submits a false report or materials, in violation of Article 81;

5. A person who uses the name of each organization or any term likely to be misunderstood as the name of each organization, in violation of Article 96 (2).

(4) Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. <Added on Jan. 30, 2009; Jan. 5, 2021; Mar. 4, 2023>

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

[Moved from Article 71 <Jan. 5, 2021>]

ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICE TO THE MAY 18 DEMOCRATIZATION MOVEMENT AND ESTABLISHMENT OF RELATED ORGANIZATION

Article 1(Purpose) #

Article 2(Fundamental concepts of honorable treatment) #

Article 3(Policy measures of the government) #

Article 4(Eligible persons) #

Article 5(Scope of bereaved family or non-bereaved family) #

Article 6(Principle of honorable treatment) #

Article 7(Registration and determination) #

Article 8(Reporting of changes in personal circumstances) #

Article 9(Creation and termination of entitlement to honorable treatment under this Act) #

Article 10(Duty to maintain dignity) #

Article 11(Educational assistance) #

Article 12(Persons eligible for educational assistance) #

Article 12-2(Educational institutions) #

Article 12-3(Application for educational assistance) #

Article 12-4(Inspection and inquiry) #

Article 12-5(Provision of financial information) #

Article 13 #

Article 14(Obligation to enroll) #

Article 15(Admission procedures) #

Article 16(Exemption from tuition fees) #

Article 16-2(Assistance to persons eligible for educational assistance who attend foreigners’ schools) #

Article 17(Payment of learning subsidies) #

Article 18 #

Article 19(Employment assistance) #

Article 20(Persons eligible for employment assistance) #

Article 21(Institutions providing employment assistance) #

Article 22(Additional scores in employment examination) #

Article 22-2(Application for employment assistance) #

Article 23(Obligation of State agencies to employ) #

Article 24(Verification of actual state of employment by State agencies) #

Article 24-2(Obligation of enterprises to employ preferentially) #

Article 24-3(Reporting by enterprises) #

Article 25(Special employment of veterans) #

Article 26(Restrictions on employment assistance) #

Article 27(Criteria for passing physical examination) #

Article 27-2(Addition to period of work experience) #

Article 28(Prohibition of discrimination) #

Article 29(Notification of fact of employment) #

Article 29-2(Calculation of number of persons employed or hired) #

Article 30(Vocational training) #

Article 31(Payment of subsidy for ability development) #

Article 32 #

Article 33(Medical assistance) #

Article 34(Medical treatment) #

Article 34-2(Medical treatment in disasters) #

Article 35(Provision of prosthetic appliances) #

Article 36 #

Article 37(Medical rehabilitation) #

Article 37-2(Psychological rehabilitation) #

Article 38(Subsidization of expenses for securing medical facilities) #

Article 39(Loans) #

Article 40(Persons eligible for loans) #

Article 41(Funds for loans) #

Article 42(Types of loans) #

Article 43(Maximum amount of loans) #

Article 44(Interest rates on loans) #

Article 45(Application for loans) #

Article 46(Loan repayment period) #

Article 47(Sale of house units) #

Article 48(Payment of subsidies) #

Article 49(Security) #

Article 50 #

Article 51 #

Article 52(Assumption of obligations) #

Article 53(Purchase of secured property) #

Article 54(Succession to loans) #

Article 55(Legal personality) #

Article 56(Articles of association) #

Article 57(Membership) #

Article 58(Executive officers) #

Article 59(Board of directors) #

Article 60(General meetings) #

Article 61(Organization) #

Article 62(Heads of branches) #

Article 63(Prohibition of political activities) #

Article 64(Business) #

Article 65(Profit-making business) #

Article 66(Approval of profit-making business) #

Article 67(Prohibition of lending name) #