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ACT ON HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICE DURING SPECIAL MISSIONS AND ESTABLISHMENT OF RELATED ORGANIZATIONS — 법갈피

영문법령 / ACT ON HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICE DURING SPECIAL MISSIONS AND ESTABLISHMENT OF RELATED ORGANIZATIONS

ACT ON HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICE DURING SPECIAL MISSIONS AND ESTABLISHMENT OF RELATED ORGANIZATIONS

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Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Aug. 4, 2011>

1. The term "special mission" means activities conducted for the purpose of collecting information, etc. on specific matters in a specific form, which require an extraordinary sacrifice to the nation;

2. The term "person of distinguished services during special missions" means a person defined in Article 2 (1) 2 of the Act on Compensation to Persons Who Performed Special Missions and registered pursuant to Article 6 of this Act.

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

Article 3(Eligible Persons) #

Any of the following persons of distinguished services during special missions and his or her family members, bereaved or not, shall be eligible for honorable treatment under this Act: <Amended on Aug. 4, 2011; Dec. 22, 2015; Mar. 4, 2023>

1. A person deceased or confirmed missing in the course of performing a special mission: A person who is confirmed to have died or gone missing in the course of performing a special mission or participating in education or training related to such mission (including arrested persons in an area to which they were dispatched in the course of performing a special mission);

2. A person injured in the course of performing a special mission: A person who was injured (or suffered from a disease; the same shall apply hereinafter) in the course of performing a special mission or participating in education or training related to such mission, and was diagnosed injury specified in the disability rating under Article 6-4 of Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (hereinafter referred to "disability rating"), in a physical examination conducted by the Minister of Patriots and Veterans Affairs;

3. A person of distinguished services for a special mission: A person who performed a special mission or participated in education or training related to such mission.

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

Article 4(Scope of Family Members, Bereaved or Not) #

Article 6(Registration and Determination) #

(1) A person who wishes to be registered as a person of distinguished services during special missions or as a family member, bereaved or not, of such person shall file a registration application with the Minister of Patriots and Veterans Affairs. <Amended on Dec. 22, 2015; Mar. 4, 2023>

(2) Upon receipt of a registration application filed under paragraph (1), the Minister of Patriots and Veterans Affairs shall examine facts relevant to the requirements for eligibility and then determine whether the person is a person of distinguished services during special missions or a family member, bereaved or not, of such person. In such cases, the Minister of Patriots and Veterans Affairs shall request the chairperson of the Committee for Deliberation on Compensation for Persons who Performed Special Missions under Article 4 of the Act on Compensation to Persons Who Performed Special Missions (hereinafter referred to as the "Compensation Deliberation Committee") to verify the facts relevant to the requirements for eligibility; and the Chairperson of the Compensation Deliberation Committee shall verify the facts relevant to the requirements for eligibility, as prescribed by Presidential Decree, and shall notify results thereof to the Minister of Patriots and Veterans Affairs. <Amended on Dec. 22, 2015; Mar. 4, 2023>

(3) Where the Minister of Patriots and Veterans Affairs deems it necessary for determining whether an applicant is a person of distinguished services during special missions or a family member, bereaved or not, of such person, he or she may refer the case to the National Merit Reward Commission 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 "National Merit Reward Commission") for deliberation and resolution thereon. <Newly Inserted on Dec. 22, 2015; Mar. 4, 2023>

(4) Necessary matters concerning the order of priority, procedure, etc. of a registration application under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2015>

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

Article 7(Reporting of Changes in Status) #

(1) Where a person of distinguished services during special missions or a family member, bereaved or not, of such person, falls within any of the following cases, the relevant applicant for registration filed under Article 6 (1) shall report such fact to the Minister of Patriots and Veterans Affairs, without delay, as prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs: <Amended on Mar. 4, 2023>

1. Where such person or such family member is deceased;

2. Where such person or such family member has forfeited nationality;

3. Where such family member is no longer a family member, bereaved or not, under Article 4;

4. Where such person or such family member becomes a family member, bereaved or not, under Article 4;

5. Where such person or such family member falls under Article 79 (2);

6. Where such person or such family member falls under any provision of Article 80 (1) 1 through 4 and (2);

7. Where such person or such family member has been missing for at least one year or the ground for presuming such missing is cleared;

8. Where the name, address, or date of birth is changed;

9. Where his or her personal details prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs.

(2) Upon receipt of the report made under paragraph (1), the Minister of Patriots and Veterans Affairs shall change the order of priority of bereaved family members, revoke the relevant registration and determination, determine to register additionally, or take any other necessary measure; and shall notify the reporting person of the details of the measures taken by him or her and reasons therefor. <Amended on Mar. 4, 2023>

(3) In order to ascertain a change in the status under any subparagraph of paragraph (1), the Minister of Patriots and Veterans Affairs may request the relevant person of distinguished services during special missions or the family member, bereaved or not, of such person to submit necessary documents; and each person requested to submit documents shall comply with the request, in the absence of good cause to the contrary. <Amended on Mar. 4, 2023>

[This Article Wholly Amended on Dec. 22, 2015]

Article 8(Creation and Termination of Entitlement to Honorable Treatment) #

(1) The entitlement to honorable treatment under this Act shall be created from the month when an application for registration is filed in accordance with Article 6 (1): Provided That, the entitlement to the relevant treatment shall be created from the month in which an application for educational assistance under Article 11-3 (1), and for the payment of subsidies under Article 70-2 (2) and living allowances under Article 75-2 is filed. <Amended on Aug. 17, 2021>

(2) If any of the events specified in Article 7 (1) 1 through 3 and Article 80 (1) and (2) occurs to a person of distinguished services during special missions or any of his or her family members, bereaved or not, the entitlement to honorable treatment under this Act terminates in the month immediately following the month in which the relevant event occurs. If the event specified in Article 7 (1) 2 or 80 (1) occurs to the person of distinguished services during special missions, the entitlement of his or her family members to honorable treatment terminates simultaneously.

(3) In either of the following cases, the entitlement of a person of distinguished services during special missions and his or her family members, bereaved or not, to honorable treatment under this Act terminates retroactively from the date on which the entitlement created. In such cases, where the entitlement of a person of distinguished services during special missions to honorable treatment terminates, the right of his or her family members, bereaved or not, to honorable treatment terminates simultaneously:

1. If it is found that a person of distinguished services during special missions or any of his or her family members obtains registration and determination, by fraud or other improper means;

2. If it is found that the person of distinguished services during special missions does not meet the criteria for registration for persons of distinguished services during special missions because of a serious defect notified by the Chairperson of the Compensation Deliberation Committee under the latter part of Article 6 (2) with respect to the facts relevant to the criteria for persons of distinguished services during special missions.

(4) When the Minister of Patriots and Veterans Affairs intends to determine whether a case falling under any subparagraph of paragraph (3) exists, he or she shall investigate and examine the facts relevant to the case and refer the case to the National Merit Reward Commission for deliberation and resolution thereon. <Amended on Mar. 4, 2023>

(5) If the Chairperson of the Compensation Deliberation Committee becomes aware that a case falling under any subparagraph of paragraph (3) exists, he or she shall notify the Minister of Patriots and Veterans Affairs of relevant facts, without delay. <Amended on Mar. 4, 2023>

[This Article Wholly Amended on Dec. 22, 2015]

Article 11-3(Application for Educational Assistance) #

(1) If a person who falls under any subparagraph of Article 11 (3) intends to receive educational assistance (hereinafter referred to as "applicant for educational assistance"), such person shall file an application for educational assistance with the Minister of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

(2) When an applicant for educational assistance files the application under paragraph (1), the applicant and the responsible provider of the applicant (referring to the applicant's spouse, parent, or child who owes the duty to support the applicant and the spouse of such child; hereinafter the same shall apply) shall submit a written statement that they consent to the provision of the following data or information:

1. The average balance of deposits in the data or information about 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 data or information specified by Presidential Decree (hereinafter referred to as "financial information");

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

3. Insurance premiums paid for the insurance under Article 4 (1) of the Insurance Business Act and other data or information specified by Presidential Decree (hereinafter referred to as "insurance information").

(3) Upon receipt of an application under paragraph (1), the Minister of Patriots and Veterans Affairs shall determine whether to provide educational assistance according to the results of the inspection conducted under Article 11-4. <Amended on Mar. 4, 2023>

(4) Necessary matters concerning the method and procedure for applying for educational assistance under paragraph (1) and the method, procedure, etc. for consent under paragraph (2) shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Dec. 22, 2015]

Article 11-5(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 requests the heads of financial companies, etc. (referring to the financial companies, etc., as defined by subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and the credit information collection agencies, as defined by Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide the Minister with financial information, credit information, or insurance information (hereinafter referred to as "financial information or such") according to the written consent submitted by an applicant for educational assistance and his or her responsible provider under Article 11-3 (2) and converted into an electronic document. <Amended on Mar. 4, 2023>

(2) 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, if the Minister of Patriots and Veterans Affairs deems it necessary for verifying eligibility for educational assistance of a beneficiary of educational assistance and his or her responsible provider, he or she may request the heads of financial companies, etc. to provide financial information or such by a document that states the personal data specified by Presidential Decree, the reference date of inquiry, the period of inquiry, etc. or through the information and communication network (referring to the information and communication network under the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply). <Amended on Mar. 4, 2023>

(3) Upon receipt of a request to provide financial information or such under paragraph (1) or (2), the heads of financial companies, etc. shall provide it to the Minister of Patriots and Veterans Affairs, 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. <Amended on Mar. 4, 2023>

(4) The heads of that financial companies, etc. that provide financial information or such under paragraph (3) shall notify the subject of such information that financial information or such is provided: Provided, That, if the subject of information consents, such notice may be omitted, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality.

(5) Providing financial information or such under paragraphs (1) through (3) shall be requested and done through the information and communication network: Provided, That the foregoing shall not apply to an exceptional situation, such as the failure of the information and communication network.

(6) A person who is or was engaged in the work specified in paragraph (1) or (2) shall not use the financial information or such acquired in the course of performing the work for any purpose other than the purposes specified in this Act or provide or divulge such information to any other person or institution.

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

[This Article Newly Inserted on Dec. 22, 2015]

Article 15(Exemption from Tuition Fees and Other School Expenses) #

(1) An educational institution shall exempt a person eligible for educational assistance from tuition fees, admission fees, and other school expenses required for education (hereinafter referred to as "tuition fees, etc."). <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 the person eligible for educational assistance files an application for the exemption from tuition fees, etc. with the head of an educational institution, after a determination is made to register him or her as a person of distinguished services during special missions or any of his or her family members, bereaved or not, under Article 6 (2): Provided, That, if the educational institution is a university, a college, a lifelong education facility in the form of a distance learning college, or an educational or training institution that has curricula for credits recognized as those necessary for acquiring an academic degree of a junior college or a higher educational institution (hereinafter referred to as "university or equivalent educational institution"), among educational institutions, a person eligible for educational assistance shall be granted exemption from the tuition fees, etc. for which the deadlines for payment come due after filing an application for exemption from tuition fees, etc. <Amended on Jan. 30, 2009; Aug. 4, 2011; Dec. 22, 2015>

(3) Where a privately-run university or equivalent educational institution exempts a person eligible for educational assistance under Article 11 (1) 3 or 4 from tuition fees, etc. pursuant to paragraphs (1) and (2), the State shall subsidize one half of the exempted amount to the university or educational institution. <Amended on Dec. 22, 2015>

(4) The State may grant a subsidy for the amount equivalent to tuition fees, etc. actually paid by a person eligible for educational assistance even before he or she is exempted from tuition fees, etc. under paragraph (2), after he or she files an application for registration as a person of distinguished services during special missions or any of his or her family members, bereaved or not: Provided, That no subsidy shall be granted for an amount equivalent to tuition fees, etc., if a subsidy has been granted for such amount from the national treasury under any other statute or if there is any of the reasons specified by Presidential Decree. <Amended on Aug. 4, 2011; Dec. 22, 2015>

(5) Under paragraphs (1) through (4), necessary matters concerning the time limit and guidelines for the exemption or subsidization of tuition fees and other school expenses for persons eligible for educational assistance, support for educational institutions providing educational assistance, and other relevant matters shall be prescribed by Presidential Decree.

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

Article 21(Obligation of State Agencies to Employ) #

(1) Where the head of an institution providing assistance in employment under subparagraph 1 of Article 20 (hereinafter referred to as "State agency, etc.") has the power to employ public officials in general service and civilian technicians in military service specified by Presidential Decree (hereinafter referred to as "public officials in general service, etc.") and such institution has at least five persons for the prescribed number of public officials in general service, etc., the institution shall employ persons eligible for assistance in employment as public officials in general service, etc., at least at the employment proportion specified by Presidential Decree (hereinafter referred to as "employment proportion"), out of the prescribed number of public officials in general service, etc. In such cases, it shall be deemed that the prescribed number of public officials in general service, etc. is included in that of the State agency, etc. that has the power to employ such public officials in general service, etc. <Amended on Dec. 20, 2016>

(2) Where a State agency, etc. that has not employed persons eligible for assistance in employment as public officials in general service, etc., at least at the specified employment proportion, intends to newly employ public officials in general service, etc., the head of the State agency, etc. shall preferentially employ public officials in general service, etc. among the persons eligible for assistance in employment recommended by the Minister of Patriots and Veterans Affairs, if such persons have been recommended by the Minister, notwithstanding provisions concerning employment of public officials in general service, etc. in other statutes. <Amended on Mar. 4, 2023>

(3) When the Minister of Patriots and Veterans Affairs recommend persons eligible for assistance in employment under paragraph (2), the Minister shall recommend multiple candidates: Provided, That the Minister shall not recommend multiple candidates, if the number of persons eligible for recommendation is equal to or less than the number of persons to be employed. <Amended on Mar. 4, 2023>

(4) Necessary matters concerning the procedure for requesting recommendation of persons eligible for assistance in employment under paragraph (2), the criteria for recommendation, preferable employment, etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 29, 2016]

Article 21-3(Obligation of Enterprises to Preferably Employ) #

(1) An institution providing assistance in employment pursuant to subparagraph 2 of Article 20 shall preferably employ persons eligible for assistance in employment, at least at the employment rates for each target institution, specified by Presidential Decree, in the range of employment rates referred to in Article 33-2 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State.

(2) Notwithstanding paragraph (1), if the Minister of Patriots and Veterans Affairs deems necessary for ensuring that persons eligible for assistance in employment can be employed in the types of jobs suitable for their abilities, the Minister may increase the employment rates referred to in paragraph (1) for the following institutions providing assistance in employment, in the range of employment rates referred to in Article 33-2 (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State: <Amended on Mar. 4, 2023>

1. Public institutions designated and publicly notified pursuant to Articles 4 through 6 of the Act on the Management of Public Institutions;

2. Local government-invested public corporations under Article 49 of the Local Public Enterprises Act and local government public corporations under Article 76 of the same Act;

3. Other enterprises or organizations specified by Presidential Decree as institutions providing assistance in employment pursuant to subparagraph 2 of Article 20.

(3) If the prescribed number of school employees, excluding teaching staff members, of a private school, among the institutions providing assistance in employment pursuant to subparagraph 3 of Article 20, is at least five persons, the school shall preferably employ persons eligible for assistance in employment, at least at the employment rates specified in Article 33-2 (3) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State.

[This Article Newly Inserted on May 29, 2016]

Article 22(Special Employment for Meritorious Service) #

(1) The Minister of Patriots and Veterans Affairs shall recommend multiple persons eligible for assistance, as prescribed by Presidential Decree, to an enterprise, etc. that fails to meet the employment rates referred to in Article 21-3, so that the enterprise, etc. can choose the persons that it will employ: Provided, That The Minister may not recommend multiple persons eligible for assistance in employment in any of the following cases: <Amended on Jan. 30, 2009; Aug. 4, 2011; Dec. 22, 2015; May 29, 2016; Mar. 4, 2023>

1. Where a person eligible for assistance in employment falls under any of subparagraphs 1 through 3 of Article 19;

2. Deleted; <May 29, 2016>

3. Where the number of persons who can be recommended to an enterprise, etc., among persons eligible for assistance in employment who filed an application for assistance in employment, is equal to, or less than, the number of persons that the enterprise, etc. is to be ordered to employ;

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

5. Where the Minister of Patriots and Veterans Affairs concludes that it is difficult to recommend multiple persons due to any other cause.

(2) Upon receipt of a recommendation of multiple persons eligible for assistance in employment pursuant to paragraph (1), an enterprise, etc. shall select persons to employ among the recommended persons, and shall notify the Minister of Patriots and Veterans Affairs of its selection, as prescribed by Presidential Decree. <Newly Inserted 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 assistance in employment as prescribed by Presidential Decree as follows: <Newly Inserted on Jan. 30, 2009; Mar. 4, 2023>

1. Where an enterprise, etc. has given notice under paragraph (2): Persons selected by an enterprise, etc. among persons eligible for assistance in employment;

2. If a business entity or other institution fails to give notice in accordance with paragraph (2) without good cause prescribed by Presidential Decree (including cases where the number of persons selected by a business entity or other institution from among those eligible for employment assistance is smaller than the number of persons it is ordered to hire and the business entity or institution gives notice of the number of persons so selected): Persons selected from among those 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 an enterprise, etc. is ordered, pursuant to paragraph (3), to employ a person who falls under Article 19 (1) 4 or 5, the upper age limit for assistance in employment of such person shall be prescribed by Presidential Decree. <Amended on May 29, 2016>

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

Article 24(Additional Marks in Employment Examination) #

(1) When an institution providing assistance in employment conducts an employment examination in order to employ personnel, it shall apply additional marks in accordance with the following subparagraphs to the marks of persons who are eligible for assistance in employment and apply for the employment examination: <Amended on Dec. 22, 2015; May 29, 2016>

1. Persons eligible for assistance in employment and entitled to additional marks equivalent to 10 percent of full marks:

(a) Persons specified in Article 19 (1) 1;

(b) Persons specified in Article 19 (1) 2 or 4;

2. Persons eligible for assistance in employment and entitled to additional marks equivalent to five percent of full marks:

(a) Persons specified in Article 19 (1) 3;

(b) Persons specified in Article 19 (1) 5.

(2) Where an employment examination referred to in paragraph (1) is divided into a written test, a performance test, an oral test, and other tests, additional marks shall be given for each test in accordance with each subparagraph of paragraph (1); During each test for at least two subjects, additional marks shall be given for each subject in accordance with each subparagraph of paragraph (1): Provided, That the foregoing shall not apply to a subject for which a person eligible for assistance in employment scores less than 40 percent of full marks or to a test for which the results cannot be converted into marks. <Amended on May 29, 2016>

(3) The number of persons who successfully pass an employment examination with additional marks under paragraphs (1) and (2) (including persons who successfully pass an employment examination with additional marks 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 22 of the Act on the Honorable Treatment of Persons of Distinguished Services to the May 18 Democratization Movement and Establishment of Related Organizations) shall not exceed 30 percent of the number of persons to be selected through the employment examination (any figure below the decimal point shall be cut off in calculating the number of persons to be selected with additional marks): Provided, That the foregoing shall not apply where the number of examinees is equal to or less than the number of persons to be selected. <Amended on Jan. 30, 2009; May 29, 2016; Jan. 5, 2021>

(4) If the number of persons who have scored the same marks exceeds the number of persons to be selected through an employment examination, persons eligible for assistance in employment, among the persons who have scored the same marks, shall be determined preferentially as persons who successfully pass the employment examination. <Amended on May 29, 2016>

(5) The ranks, job grades, and positions eligible for additional marks in an employment examination, referred to in paragraphs (1) and (2), and other matters for additional marks in an employment examination, shall be prescribed by Presidential Decree. <Amended on May 29, 2016>

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

Article 33(Medical Treatment) #

(1) Where a person injured in the course of performing a special mission needs medical treatment for his or her wounds or suffers from a disease (including injuries; hereinafter the same shall apply in this Article), he or she shall be entitled to medical treatment at a medical institution operated by the State [including veterans hospitals under Article 7 of the Korea Veterans Health Service Act (hereinafter referred to as "veterans hospitals")] or by a local government, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to a disease caused by his or her intentional act. <Amended on Dec. 22, 2015; Apr. 20, 2021>

(2) The State may entrust medical treatment under paragraph (1) to medical institutions 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, That, part of such expenses may be borne by a local government, as prescribed by Presidential Decree, where medical treatment is provided by a medical institution operated by the local government. <Amended on Dec. 22, 2015>

(4) Where a person whose injury is diagnosed as lower than the disability rating specified by Presidential Decree, among persons injured in the course of performing a special mission, receives medical treatment for any disease other than his or her injury at a medical institution specified in paragraph (1) or a medical institution to whom medical treatment is entrusted under paragraph (2), the person may be required to bear part of expenses incurred in such medical treatment, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015>

(5) Any of the following persons shall be entitled to medical treatment in veterans hospitals. In such cases, such person shall be entitled to full or partial exemption from expenses incurred in such medical treatment, as prescribed by Presidential Decree, in the scope of expenses to be borne by such person; and the Minister of Patriots and Veterans Affairs shall pay the exempted expenses to the Korea Veterans Welfare and Healthcare Corporation established under the Korea Veterans Welfare and Healthcare Corporation (hereinafter referred to as the "Corporation"): <Newly Inserted on Dec. 22, 2015; Apr. 20, 2021; Mar. 4, 2023>

1. A person of distinguished services for special mission;

2. A spouse of a person of distinguished services during special missions;

3. One person whose priority is higher than that of other bereaved family members of a person of distinguished services during special missions according to the order of priority under Article 4 (1). In such cases, if the father or mother of a person of distinguished services during special missions has higher priority, the mother or father of such person shall be included.

(6) Where at least two bereaved family members have the same priority, 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 determine who has higher priority for the purpose of applying paragraph (5) 3. <Newly Inserted on Dec. 22, 2015>

(7) Necessary matters concerning medical assistance, including the methods and procedure for medical treatment or subsidization of medical expenses provided under paragraphs (1) through (6), and the scope, upper limit, etc., of such medical treatment or subsidization of medical expenses, shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 22, 2015>

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

Article 48(Collateral) #

(1) The Minister of Patriots and Veterans Affairs may issue a letter of guarantee for the payment of a loan to a person who intends to obtain a loan for purchasing farmland or a housing loan (excluding loans for renovation of a residential house and loans for leasing a residential house; hereafter the same shall apply in this Article), as prescribed by Presidential Decree, so that the person may easily purchase the farmland or residential house. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(2) A person who obtains a loan for purchasing farmland or a housing loan shall offer the property that he or she acquires with the loan to the State as a collateral until he or she completes the repayment of the loan. <Amended on Mar. 28, 2008>

(3) Where a person intends to obtain a loan for purchasing a residential house in order to purchase an apartment or a unit of a multi-unit dwelling building, the Minister of Patriots and Veterans Affairs may, if it is anticipated that the registration of ownership of the residential house is likely to be delayed for a considerable period due to a cause not attributable to the person who intends to obtain the loan, apply paragraph (5) mutatis mutandis to the person and allow the person to offer other collateral without securing the residential house as a collateral until the residential house can be offered as a collateral, notwithstanding paragraph (2). <Amended on Mar. 28, 2008; Mar. 4, 2023>

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

(5) A person who obtains a loan for renovation of a residential house, a loan for leasing a residential house, a business loan, or a loan for stabilization of livelihood shall offer real property to the State as a collateral: Provided, That the Minister of Patriots and Veterans Affairs may allow a person who obtains a loan to furnish a guarantor or offer other property as security if the borrower has no real property to offer as a collateral. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(6) If the Minister of Patriots and Veterans Affairs concludes that it is difficult to secure a loan with only the collateral under paragraphs (2), (3), and (5), the Minister may take measures as may be necessary for securing the loan. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(7) A person who obtained a loan for purchasing farmland or a housing loan shall, if any of the following events occurs, offer to the State as a collateral real property with a value of not less than the loan amount that he or she has not yet repaid in replacement of the property already offered, subject to prior approval of the Minister of Patriots and Veterans Affairs: Provided, That a person shall offer to the State the real property that he or she newly purchases as a collateral in the case of subparagraph 3: <Amended on Mar. 28, 2008; Mar. 4, 2023>

1. Where the property offered as a collateral is expropriated pursuant to an Act (excluding partial expropriation if there is no problem in securing the loan);

2. Where replacement of the property offered as a collateral with other property is unavoidable due to a natural disaster, calamity, or any similar cause or event;

3. Where other real property for an identical purpose of use has been purchased because selling the farmland or residential house acquired with the loan was unavoidable.

(8) If it is unavoidable for a person who obtained a loan for renovation of a residential house, a loan for leasing a residential house, a business loan, or a loan for stabilization of livelihood to replace the real property offered as a collateral with other property due to a problem in business operations or any other unavoidable cause or event, the person shall offer to the State other real property with a value of not less than the loan amount that he or she has not yet repaid or other asset specified by the Minister of Patriots and Veterans Affairs as security: Provided, That offering any asset other than real property as security shall be allowed only where the amount of debt that a person has not yet repaid is not more than the amount set by the Minister of Patriots and Veterans Affairs. <Amended on Mar. 28, 2008; Mar. 4, 2023>

(9) The Minister of Patriots and Veterans Affairs shall immediately complete the process for mortgage cancellation when a loan is fully repaid. <Amended on Mar. 28, 2008; Mar. 4, 2023>

Article 58-2(Approval of Profitable Projects) #

(1) When the Association of Persons of Distinguished Services during Special Missions intends to implement a profitable project pursuant to Article 58 (1) 5, it shall obtain approval of the relevant profitable project from the Minister of Patriots and Veterans Affairs after deliberation and resolution by the Committee for Deliberation on Welfare Programs referred to in Article 58-5. <Amended on May 29, 2016; Jun. 8, 2021; Mar. 4, 2023>

(2) Where the Association of Persons of Distinguished Services during Special Missions that has obtained approval of a profitable project under paragraph (1) intends to change approved matters, it shall obtain approval for such change from the Minister of Patriots and Veterans Affairs: Provided, That any change is to be made to minor matters prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs, such change shall be reported to the Minister of Patriots and Veterans Affairs. <Amended on Jun. 8, 2021; Mar. 4, 2023>

(3) The Association of Persons of Distinguished Services during Special Missions that intends to obtain approval of a profitable project under paragraph (1) shall meet all of the following requirements: <Amended on Jun. 8, 2021>

1. A type of business or item shall be deemed appropriate for the Association of Persons of Distinguished Services during Special Missions in consideration of it financing capacity, ability to conduct business, and the scale of investment, the current status of operating other profitable projects, etc.;

2. The Association of Persons of Distinguished Services during Special Missions shall directly produce goods or directly provide services by furnishing facilities, human resources, etc. for profitable projects;

3. Where any profits accrue from profitable projects, the relevant profits shall be used only for the purpose of establishing the Association of Persons of Distinguished Services during Special Missions.

(4) The Association of Persons of Distinguished Services during Special Missions, approval of a profitable project of which is revoked pursuant to Article 58-11 (1), shall not obtain approval of the relevant profitable project for one year from the date of such revocation. <Newly Inserted on Jun. 8, 2021>

(5) Except as provided in paragraphs (1) through (4), matters necessary for procedures for approval, changes in approved matters, requirements for approval, etc. shall be prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs. <Newly Inserted on Jun. 8, 2021; Mar. 4, 2023>

[This Article Newly Inserted on Feb. 3, 2015]

Article 58-5(Establishment of the Committee for Deliberation on Welfare Programs) #

(1) The Association of Persons of Distinguished Services during Special Missions shall have a committee for deliberation on welfare programs (hereinafter referred to as the "Deliberation Committee") in order to have the Deliberation Committee deliberate on the management of profitable projects.

(2) The Deliberation Committee shall deliberate and resolve on the following matters:

1. Matters concerning the creation, discontinuance, and abolition of profitable projects;

2. Matters concerning the determination of the scale, etc., of investments in profitable projects;

3. Matters concerning the plan for the use of profits and the amendment of the plan for such use;

4. Matters concerning the results of audits of profitable projects and the appropriateness of profitable projects;

5. Other significant matters concerning the management of profitable projects.

(3) The Deliberation Committee shall be comprised of at least five members but not exceeding 10 members, including one chairperson; and committee members shall be comprised of the following persons: <Amended on Mar. 4, 2023>

1. Two executive officers or employees appointed by the chairperson of the Association of Persons of Distinguished Services during Special Missions;

2. The following persons appointed or commissioned by the Minister of Patriots and Veterans Affairs. In such cases, the persons specified in items (b) through (d) shall not be appointed or commissioned from among public officials of the Ministry of Patriots and Veterans Affairs or persons who belong to the Association of Persons of Distinguished Services during Special Missions:

(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 the Deliberation Committee shall be elected by and from among committee members.

(5) When the Deliberation Committee deliberates and resolve on any of the matters specified in paragraph (2) 1, it shall take into consideration profitability, potential growth, and stability of the relevant profitable project, its impact on the market, etc.

(6) The Association of Persons of Distinguished Services during Special Missions shall manage profitable projects after undergoing deliberation and resolution by the Deliberation Committee on the matters specified in paragraph (2); and shall comply with the results of the deliberation and resolution by the Deliberation Committee, except in extenuating circumstances: Provided, That, if the Association of Persons of Distinguished Services during Special Missions has any objection to the results of the deliberation and resolution by the Deliberation Committee, it may request a re-deliberation, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 4, 2023>

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

[This Article Newly Inserted on Feb. 3, 2015]

[Moved from Article 58-3; previous Article 58-5 moved to Article 58-11 <Jun. 8, 2021>]

Article 58-11(Suspension or Revocation of Approval of Profitable Projects) #

(1) Where the Association of Persons of Distinguished Services during Special Missions that has obtained approval of a profitable project under Article 58-2 (1) falls under any of the following cases, the Minister of Patriots and Veterans Affairs may order it to suspend the relevant profitable project for up to six months or may revoke approval thereof: Provided, That in cases falling under subparagraph 1, 2, or 5, the approval shall be revoked: <Amended on Mar. 4, 2023>

1. Where it obtains approval of the profitable project or approval for change thereof under Article 58-2 (1) and (2) by fraud or other improper means;

2. Where it discontinues the profitable project approved under Article 58-2 (1);

3. Where it ceases to conduct the profitable project approved under Article 58-2 (1) for at least two years;

4. Where it fails to meet the requirements for approval prescribed in Article 58-2 (3);

5. Where it lends its name to any third person and allows him or her to engage in the profitable project, in violation of Article 58-4 (1);

6. Where it refuses, obstructs, or evades an audit prescribed in Article 58-8 (1) or a regular audit and inspection specified in Article 58-8 (4);

7. Where it refuses, obstructs, or evades a fact-finding survey conducted under Article 58-9 (1);

8. Where it fails to comply with corrective measures prescribed in Article 66;

9. Where it refuses, obstructs, or evades an investigation or inspection conducted under Article 67 (1);

10. Where it refuses to submit reports, documents, or data under Article 68, submits false reports, documents, or data;

11. Where it conducts a profitable project during the period of suspension of such project;

12. Where it is subject to restrictions on qualifications for participation in tendering procedures under Article 27 of the Act on Contracts to Which the State Is a Party;

13. Where it is subject to restrictions on qualifications for participation in tendering procedures under Article 31 of the Act on Contracts to Which a Local Government Is a Party;

14. Where it falls under Article 11 (2) 1 or 3 of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets.

(2) Where the Minister of Patriots and Veterans Affairs suspends a profitable project or revokes approval thereof pursuant to paragraph (1), he or she may allow the Association of Persons of Distinguished Services during Special Missions to continue performing business affairs under a contract with regard to the relevant profitable project that has been concluded before such suspension or revocation. <Amended on Mar. 4, 2023>

(3) Where the Minister of Patriots and Veterans Affairs allows the Association of Persons of Distinguished Services during Special Missions to perform business affairs under a contract with regard to the relevant profitable project pursuant to paragraph (2), it shall notify the other party to the relevant contract of the fact that the profitable project has been suspended or approval thereof has been revoked under paragraph (1) and the details thereof within the period prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>

(4) Matters necessary for detailed standards, etc. for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Prime Minister. <Amended on Mar. 4, 2023>

[This Article Wholly Amended on Jun. 8, 2021]

[Moved from Article 58-5 <Jun. 8, 2021>]

Article 65-2(Preferential Sale of State-Owned or Public Property) #

(1) If necessary for the operations and welfare programs of the Association of Persons of Distinguished Services during Special Missions, the State or a local government may sell state-owned or public property preferentially to the Association of Persons of Distinguished Services during Special Missions, or loan such property to it onerously or gratuitously, or allow it to use or profit from such property. <Amended on Aug. 4, 2011>

(2) The State or a local government may, if necessary for the operations and welfare programs of the Association of Persons of Distinguished Services during Special Missions, gratuitously grant concessions for commodities, or loan them onerously or gratuitously to the Association of Persons of Distinguished Services during Special Missions, notwithstanding the Commodity Management Act or the Public Property and Commodity Management Act. <Amended on Aug. 4, 2011, Mar. 13, 2018>

(3) When the State or a local government intends to sell or lease state-owned or public property to the Association of Persons of Distinguished Services during Special Missions or allows it to use or profit from such property pursuant to paragraph (1), the Minister of Patriots and Veterans Affairs may request the head of the relevant central administrative agency or the head of a local government (including persons to whom business affairs regarding the management and disposal of state-owned or public property are delegated or entrusted under statutes or regulations) to submit materials with regard to the relevant contracts, permission, or approval, as prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs. In such cases, the head of an agency in receipt of a request to submit materials shall comply with such request, unless there is good reason. <Newly Inserted on Jun. 8, 2021; Mar. 4, 2023>

(4) Where the Association of Persons of Distinguished Services during Special Missions intends to dispose of the property purchased under paragraph (1) (referring to the transfer of ownership by means of sale, exchange, transfer, trust, investment in kind, etc.; hereinafter the same shall apply), it shall report to the Minister of Patriots and Veterans Affairs matters prescribed by Presidential Decree, such as the details and the terms and conditions of a contract for the relevant disposal, before concluding the relevant contract, as prescribed by Ordinance of the Ministry of Patriots and Veterans Affairs. <Newly Inserted on Jun. 8, 2021; Mar. 4, 2023>

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

Article 75-2(Living Allowances) #

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

1. A person of distinguished service during special missions;

2. One person higher in the order of priority pursuant to the subparagraphs of Article 4 (1) among the bereaved family members of a person of distinguished service during special missions.

(2) Where a person entitled to living allowances under paragraph (1) falls under any of the following, either the living allowances under paragraph (1) or the livelihood improvement allowances or living allowances prescribed in the following subparagraphs shall be paid at his or her choice:

1. Where living allowances are paid pursuant to Article 89-2 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations;

2. Where living allowances are paid 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;

3. Where livelihood improvement allowances are paid pursuant to Article 14 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

4. Where livelihood improvement allowances are paid pursuant to Article 14 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence;

5. Where livelihood improvement allowances are paid pursuant to Article 13 of the Act on Support for Persons Eligible for Veteran’s Compensation;

6. Where living allowances are paid pursuant to Article 6-3 of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations.

(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 with 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 of Distinguished Service to the State shall apply mutatis mutandis to the filing of an application for payment of living allowances, the Minister of Patriots and Veterans Affairs' authority for inspections, inquiries, etc. to verify and examine an entitlement to such allowances, requests for the provision of financial information, etc., and encouragement in the filing of an application for living allowances. <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 living allowances, the protection of the entitlement, the suspended payment of living allowances, etc.

(6) Living allowances shall be paid on a monthly basis, and the amount, payment method, and other matters necessary for the payment thereof shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Aug. 17, 2021]

Article 77(Recovery of Educational Subsidies) #

(1) In any of the following cases, the Minister of Patriots and Veterans Affairs shall recover educational subsidies (including admission tuition fees, etc., subsidized under Articles 15 and 15-2), expenses incurred in rehabilitative vocational training and expenses incurred in training programs for developing workplace skills under Article 29, incentives and subsidies for expenses incurred in developing skills under Article 29-2, subsidies for medical expenses under Articles 33 and 33-2, subsidies under Article 47, subsidies for care services under Article 70-2, and living allowances under 75-2 (hereinafter referred to as "educational subsidies, etc.") from the person whom such benefits and subsidies have been paid as honorable treatment under this Act (including an heir) but in the case of subparagraph 1, where a person liable to pay is found responsible, the educational subsidies, etc. he or she has received plus interest prescribed by Presidential Decree shall be recovered: Provided, That an heir shall be liable to pay a sum not exceeding the value of the property obtained by inheritance: <Amended on Jan. 30, 2009; Aug. 4, 2011; Dec. 22, 2015; Apr. 20, 2021; Aug. 17, 2021; Jan. 17, 2023; Mar. 4, 2023>

1. If a person is granted honorable treatment by fraud or other improper means;

2. If a person is granted honorable treatment but the ground for the eligibility for such treatment was terminated retrospectively;

3. If any honorable treatment is granted in error.

(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. <Newly Inserted 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]

[Enforcement Date: Jul. 18, 2023]

Article 80(Exclusion from Persons Eligible for Application of this Act) #

(1) If a person of distinguished services during special missions, who has benefited or will benefit from the application of this Act, falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude the person from those eligible for the application of this Act and shall not grant any honorable treatment for which the person of distinguished services during special missions and his family members, bereaved or not, are otherwise eligible under this Act and other Acts: <Amended on Apr. 15, 2010; Aug. 4, 2011; Dec. 18, 2012; Apr. 5, 2013; Dec. 22, 2015; Jan. 6, 2016; Oct. 31, 2017; Mar. 13, 2018; Apr. 20, 2021; Jun. 8, 2021; Mar. 4, 2023>

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

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

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

(a) Any crime under Articles 250 through 253 of the Criminal Act or an attempt to commit such crime; the crime under Article 264 of the same Act; the crime under Article 279 of the same Act or an attempt to commit such crime; the crime under Article 285 of the same Act or an attempt to commit such crime; the crime under Articles 287 through 292 and Article 294; the crime under Articles 297 and 297-2, 298 through 301, 301-2, 302, 303, and 305 of the same Act; the crime under Article 332 of the same Act (limited to habitual perpetrators of any crime under Articles 329 through 331 of the same Act) or an attempt to commit such crime; any crime under Articles 333 through 336 of the same Act or an attempt to commit such crime; any crime under Articles 337 through 339 of the same Act or an attempt to commit such crime under Article 337, the former part of Article 338, or Article 339 of the same Act; the crime under Article 341 of the same Act or an attempt to commit such crime; the crime under Article 351 of the same Act (limited to habitual perpetrators of the crime under Article 347, 347-2, 348, 350, or 350-2 of the same Act) or an attempt to commit such crime; or the crime under Article 363 of the same Act;

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

(d) Any crime under Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes;

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

(f) Any crime under Articles 7, 8, and 11 through 16 of the Act on the Protection of Children and Youth against Sex Offenses;

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

(h) Any crime prescribed in subparagraphs 1-2 and 1-3 of Article 95-2 of the Telecommunications Business Act;

4. A person in whose case a sentence of imprisonment for at least one year without prison labor or any heavier punishment imposed upon him or her becomes final and conclusive for the crime under Articles 129 through 133 or 355 through 357 of the Criminal Act or the crime under Article 2 or 3 of the Act on the Aggravated Punishment of Specific Crimes, which was committed in connection with his or her duties during the period of his or her service as a public official under Article 2 of the State Public Officials Act or Article 2 of the Local Public Officials Act or as any of the employees specified by Presidential Decree, among employees who are routinely engaged in public service in the State or in a local government;

5. A person who has habitually committed an act of damaging dignity specified by Presidential Decree.

(2) If any of family members, bereaved or not, of a person of distinguished services during special missions, who is or will be eligible for the application of this Act, falls under any subparagraph of paragraph (1), the Minister of Patriots and Veterans Affairs shall exclude such person from those eligible for the application of this Act and shall not grant any benefit for which he or she is otherwise eligible. <Amended on Dec. 22, 2015; Mar. 4, 2023>

(3) If a person who has been excluded from persons eligible for the application of this Act pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may determine such person to be included again in persons eligible for the application of this Act, upon receipt of an application for registration under Article 6, and may grant honorable treatment for such person, only if it is found that such person has repented bitterly: Provided, That such person who falls under paragraph (1) 2 shall not become eligible for the application of this Act again for assistance: <Amended on Jan. 30, 2009; Aug. 4, 2011; Dec. 22, 2015; May 29, 2016; Mar. 4, 2023>

1. Where three years have passed since a sentence of imprisonment without prison labor or any heavier punishment was completely executed or discharged;

2. Deleted; <Jan. 30, 2009>

3. Where two years have passed since a person was excluded from persons eligible for the application of this Act, except for cases under subparagraph 1.

(4) When the Minister of Patriots and Veterans Affairs intends to determine whether a person of distinguished services during special missions and his or her family members, bereaved or not, are excluded from persons eligible for the application of this Act due to any ground under paragraph (1) 1 or 5, or whether such persons excluded from persons eligible for the application of this Act are included in persons eligible for the application of this Act pursuant to paragraph (3), the Minister shall refer the case to the National Merit Reward Commission for deliberation and resolution thereon. <Amended on Aug. 4, 2011; Dec. 22, 2015; May 29, 2016; Mar. 4, 2023>

(5) When the Minister of Patriots and Veterans Affairs intends to suspend honorable treatment under Article 79 (2) or to exclude a person from persons eligible for the application of this Act under paragraph (1) or (2), the Minister may request the agency responsible for management of criminal records to verify the criminal record of the relevant person. <Amended on Aug. 4, 2011; Dec. 22, 2015; Oct. 31, 2017; Mar. 4, 2023>

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

Article 80-2(Requests for Provision of Data) #

(1) The Minister of Patriots and Veterans Affairs may request the heads of relevant institutions to provide resident registration information, matters registered for family relations, matters registered for Korean nationals residing abroad, data on service, data on national taxes and local taxes, data on income and property, data on various pensions and insurance, including the national pension and the national health insurance, immigration information, etc. In such cases, the heads of relevant institutions in receipt of such request shall comply therewith, except in extenuating circumstances, to conduct the following administrative affairs for: <Amended on Aug. 17, 2021; Mar. 4, 2023>

1. Registering for persons of distinguished service during special missions and the family members, bereaved or not, of such persons, as prescribed in Article 6;

2. Reporting amendment of matters registered for persons of distinguished service during special missions and the family members, bereaved or not, of such persons, as prescribed in Article 7;

3. Inspecting verification of eligibility for educational assistance prescribed in Article 11-4 (1);

4. Subsidizing tuition fees, etc. of privately-run universities, etc., prescribed in Article 15 (3);

5. Verifying actual conditions of employment and hiring by institutions providing assistance in employment prescribed in Articles 21-2 (2) and 30 (2);

6. Loans prescribed in Article 44 (2);

7. Providing collaterals and securing loans prescribed in Article 48 (3), (5), and (6);

8. Transferring loans prescribed in Article 53;

9. Subsidizing expenses for assistance in care services prescribed in Article 70-2;

10. Preferential supplying residential houses prescribed in Article 75;

10-2. Investigating to verify the payment of living allowances and the occurrence or loss of entitlements under Article 75-2;

11. Recovering and writing off educational subsidies, etc. prescribed in Article 77;

12. Suspending honorable treatment prescribed in Article 79;

13. Excluding from the application of this Act prescribed in Article 80.

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

(3) No person who conducts or has conducted the administrative affairs prescribed in paragraphs (1) and (2) shall inquire about or use the data or information prescribed in paragraph (1) for purposes other than those prescribed in this Act, nor provide or divulge such data or information to a third person or institution.

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

[This Article Newly Inserted on Oct. 31, 2017]

Article 83(Administrative Fines) #

(1) A person who fails to comply with an order for employment issued pursuant to Article 22 (3) without any justifiable reason shall be punished by an administrative fine not exceeding 10 million won. <Amended on Jan. 30, 2009; Jun. 12, 2018>

(2) Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Newly Inserted on Jun. 8, 2021>

1. A person who conducts a profitable project without obtaining approval under Article 58-2 (1);

2. A person who fails to obtain approval for change under Article 58-2 (2);

3. A person who refuses, obstructs, or evades an audit conducted under Article 58-8 (1) or a regular audit and inspection conducted under Article 58-8 (4);

4. A person who refuses, obstructs, or evades a fact-finding survey conducted under Article 58-9 (1);

5. A person who fails to report under Article 65-2 (4) or reports falsely;

6. A person who refuses, obstructs, or evades an investigation or inspection conducted under Article 67 (1);

7. A person who fails to comply with the financial and accounting standards prescribed in Article 68-2.

(3) Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended on Dec. 22, 2015; Jun. 8, 2021>

1. A person who fails to comply with a request for rectification referred to in Article 27 (2);

2. A person who fails to report under Article 30 (1) or falsely reports;

3. A person who fails to comply with a request for explanation referred to in Article 30 (2), makes a false statement in such explanation, refuses to submit a document, or interferes with or evades the submission of a document;

4. A person who uses the name of the Association of Persons of Distinguished Services during Special Missions or a similar name, in violation of Article 55;

5. A person who refuses to submit reports, documents, or data under Article 68 without good reason or who submits false reports, documents, or data.

(4) Administrative fines referred to in paragraphs (1) and (3) shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree. <Newly Inserted on Jan. 30, 2009; Jun. 8, 2021; Mar. 4, 2023>

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

ACT ON HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICE DURING SPECIAL MISSIONS AND ESTABLISHMENT OF RELATED ORGANIZATIONS

Article 2(Definitions) #

Article 3(Eligible Persons) #

Article 4(Scope of Family Members, Bereaved or Not) #

Article 5(Principle of Honorable Treatment) #

Article 6(Registration and Determination) #

Article 7(Reporting of Changes in Status) #

Article 8(Creation and Termination of Entitlement to Honorable Treatment) #

Article 9(Relationship to Honorable Treatment or Support under Other Acts) #

Article 10(Educational Assistance) #

Article 11(Persons Eligible for Educational Assistance) #

Article 11-2(Educational Institutions) #

Article 11-3(Application for Educational Assistance) #

Article 11-4(Inspection and Inquiry) #

Article 11-5(Provision of Financial Information) #

Article 12 #

Article 13(Schooling Obligation) #

Article 14(Admission Procedure) #

Article 15(Exemption from Tuition Fees and Other School Expenses) #

Article 15-2(Assistance to Persons Eligible for Educational Assistance and Enrolled in Foreigners' Schools) #

Article 16(Payment of Educational Subsidies) #

Article 17 #

Article 18(Assistance in Employment) #

Article 19(Persons Eligible for Assistance in Employment) #

Article 20(Institutions Providing Assistance in Employment) #

Article 20-2(Application for Assistance in Employment) #

Article 21(Obligation of State Agencies to Employ) #

Article 21-2(Inspection of Actual Conditions of Employment by State Agencies) #

Article 21-3(Obligation of Enterprises to Preferably Employ) #

Article 21-4(Addition to Period of Work Experience) #

Article 22(Special Employment for Meritorious Service) #

Article 23(Notice of Employment) #

Article 24(Additional Marks in Employment Examination) #

Article 24-2(Calculation of Number of Persons Employed or Hired) #

Article 25(Restriction on Assistance in Employment) #

Article 26(Standards for Passing Physical Examination) #

Article 27(Prohibition of Discrimination) #

Article 28(Notice of Employment) #

Article 29(Vocational Training) #

Article 29-2(Provision of Incentive for Development of Skills) #

Article 30(Reporting by Enterprises) #

Article 31 #

Article 32(Medical Assistance) #

Article 33(Medical Treatment) #

Article 33-2(Medical Treatment in Disaster Situations) #

Article 34(Supply of Prosthetic Appliances) #

Article 35 #

Article 36(Medical Rehabilitation) #

Article 36-2(Psychological Rehabilitation) #

Article 37(Subsidization of Costs and Expenses for Securing Medical Facilities) #

Article 38(Loans) #

Article 39(Persons Eligible for Loans) #

Article 40(Financial Resources for Loans) #

Article 41(Types of Loans) #

Article 42(Upper Limit on Loans) #

Article 43(Interest Rates of Loans) #

Article 44(Loan Applications) #

Article 45(Repayment Term of Loans) #

Article 46(Sale of Residential Houses) #

Article 47(Provision of Subsidies) #

Article 48(Collateral) #

Article 49 #

Article 50 #

Article 51(Assumption of Obligations) #

Article 52(Purchase of Asset Offered as Collateral) #

Article 53(Succession to Loans) #

Article 54(Legal Personality) #

Article 55(Prohibition of Use of Similar Name) #

Article 56(Prohibition of Political Activities) #

Article 57(Articles of Association) #

Article 58(Business Activities) #

Article 58-2(Approval of Profitable Projects) #

Article 58-3(Effective Period of Approval) #

Article 58-4(Prohibition of Lending Name) #

Article 58-5(Establishment of the Committee for Deliberation on Welfare Programs) #

Article 58-6(Operation of Deliberation Committee) #

Article 58-7(Use of Profits) #

Article 58-8(Audits) #

Article 58-9(Fact-Finding Surveys) #

Article 58-10(Disclosure of Information or Data on Profitable Projects) #