Article 1(Purpose) #
The purpose of this Act is to prescribe a compensation scheme to the bereaved families of the soldiers killed in the second battle of Yeonpyeong, thereby contributing to their livelihood stability and welfare improvement.
Article 2(Definitions) #
The terms used in this Act shall be as follows:
1. The term "the second battle of Yeonpyeong" means the maritime battle which occurred in the southern area of the North Limit Line near the Yeonpyeong Island in the Yellow Sea on June 29, 2002;
2. The term "soldiers killed in the second battle of Yeonpyeong" means the six soldiers killed in the second battle of Yeonpyeong;
3. The term "bereaved families" means the property successors prescribed in the Civil Act of soldiers killed in the second battle of Yeonpyeong.
Article 3(Compensation) #
(1) The State shall pay compensation to the bereaved families of soldiers killed in the second battle of Yeonpyeong. In such cases, the amount of compensation shall be calculated by deducting the following amount from the amount obtained by converting the amount equivalent to 577/10 of the standard monthly income of all of the public officials as at the time when the second battle of Yeonpyeong occurred into the going value as at the time when this Act enters into force: <Amended on Dec. 10, 2019>
1. Amount obtained by converting the amount equivalent to the compensation for disaster into the going value as of the enforcement date of this Act where the State has already paid such compensation for disaster pursuant to Article 39 of the Military Accident Compensation Act;
2. Amount obtained by converting the amount equivalent to any benefits (excluding the compensation prescribed in the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State) of the same kind as compensation into the going value as of the enforcement date of this Act where the State has already paid such benefits pursuant to any other Act or subordinate statute.
(2) Matters necessary for calculating and paying compensation, such as methods for conversion into the going value prescribed in paragraph (1), shall be prescribed by Presidential Decree.
Article 4(Application for payment of compensation) #
Where the bereaved families of soldiers killed in the second battle of Yeonpyeong intend to receive compensation prescribed in Article 3, they shall apply for payment of the compensation to the Minister of National Defense in writing, along with the relevant documents, as prescribed by Presidential Decree.
Article 5(Determination on payment of compensation and notification thereof) #
(1) The Minister of National Defense shall determine whether to pay compensation and the amount of payment, and notify the applicant of such determination in writing within 60 days from the date of receipt of the application for payment.
(2) Matters necessary for procedures for making determination and notification prescribed in paragraph (1) shall be prescribed by Presidential Decree.
Article 6(Raising of objections) #
(1) The bereaved family dissatisfied with the determination made by the Minister of National Defense pursuant to Article 5 may file an objection to the compensation with the Minister within 30 days from the date of receipt of the notification thereof.
(2) Where an objection prescribed in paragraph (1) is raised, the Minister of National Defense shall reexamine whether to pay the compensation and the amount of compensation, and notify the applicant of the results in writing within 30 days from the date when such objection is raised. In such cases, Article 5 shall apply mutatis mutandis to the procedures for reexamination and notification.
Article 7(Burden of expenses and procedures for payment) #
(1) Expenses incurred in paying the compensation prescribed in this Act shall be borne by the State.
(2) The Minister of National Defense shall pay the compensation within 60 days from the date of notifying the payment amount of compensation (where an objection prescribed in Article 6 is raised, referring to the date when the result thereof is notified) pursuant to Article 5.
(3) Matters necessary for procedures for paying the compensation, etc. shall be prescribed by Presidential Decree.
Article 8(Protection and non-taxation of compensation) #
(1) No right to be paid the compensation shall be transferred, seized or offered as security.
(2) No national or local tax shall be levied on the compensation prescribed in this Act.
Article 9(Recovery of compensation) #
Where a person entitled to be paid the compensation prescribed in this Act falls under any of the following subparagraphs, the State may recover the whole or part of the compensation from him or her:
1. Where he or she receives the compensation in a false or otherwise unjustified manner;
2. Where the compensation is erroneously paid, in violation of the standard for paying the compensation.
Article 10(Period of applying for payment of compensation) #
An application for payment of the compensation shall be filed within five years from the enforcement date of this Act.
Article 11(Entrustment) #
The Minister of National Defense may entrust the Ministry of Patriots & Veterans Affairs with the affairs related to payment of the compensation prescribed in Article 7 and affairs for recovering the compensation prescribed in Article 9, as prescribed by Presidential Decree. <Amended on Mar. 4, 2023>