Article 1(Purpose) #
The purpose of this Act is to commend the exploits of the persons of distinguished service who were to be decorated with the Orders of Military Merit for their distinguished service rendered during the Korean War, but could not be awarded a medal actually, by conferring them or members of their bereaved families the Orders of Military Merit as soon as possible, thereby contributing to fostering patriotism of the people.
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. The term "Korean War" means the Korean War defined in subparagraph 1 of Article 2 of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations;
2. The term "person of distinguished service" means a person recognized by the Minister of National Defense pursuant to Article 5, as a person who was to be decorated with the Order of Military Merit in accordance with the Awards and Decorations Act (hereinafter referred to as the "Order of Military Merit") for his or her distinguished service rendered during the Korean War, but could not be awarded a medal actually;
3. The term "bereaved family member or family member" means any of the following members of the bereaved family or family of a person of distinguished service, who are recognized by the Minister of National Defense under Article 5:
(a) The spouse;
(b) Children;
(c) Parents.
Article 3(Relationship to Other Statutes) #
With regard to the conferment of the Order of Military Merit to persons of distinguished service, this Act shall prevail over other statutes.
Article 4(Responsibility of the State) #
The State shall devise measures as soon as possible to confer the Orders of Military Merit to persons of distinguished service.
Article 5(Registration and Recognition) #
(1) The Minister of National Defense shall recognize that a person in question qualifies as a person of distinguished service or as a bereaved family member or family member thereof after verifying the person as a person to be decorated with the Order of Military Merit through various types of information retained by administrative agencies and checking that such information is in accordance with military records and archived information on his or her family relation.
(2) A person who intends to be recognized as a person of distinguished service or as a bereaved family member or family member thereof (hereinafter referred to as "person eligible for application") may file an application for registration with the Minister of National Defense, as prescribed by Presidential Decree. Upon receipt of an application for registration, the Minister of National Defense shall investigate whether the person in question can qualify as one to be decorated with the Order of Military Merit and other relevant matters and shall recognize whether the person eligible for application qualifies as a person of distinguished service or as a bereaved family member or family member thereof.
Article 6(Investigation Team for Finding Persons to Be Decorated with Order of Military Merit) #
(1) An investigation team for finding persons to be decorated with the Order of Military Merit (hereinafter referred to as the "Investigation Team") shall be established under the jurisdiction of the Minister of National Defense to perform the affairs related to the investigation, identity verification, etc. of persons of distinguished service.
(2) The investigation team shall be comprised of one team leader and up to 15 members, as needed, consisting of soldiers and civilian personnel in the military service.
(3) The team leader shall be appointed by the Minister of National Defense upon recommendation of the Chiefs of Staff of each armed service from among the field-grade officers or civilian personnel in the military service deemed to have experience and expertise in investigation, identity verification, etc. of persons of distinguished service.
(4) Other matters necessary for establishing and operating the investigation team shall be prescribed by Presidential Decree.
Article 7(Notification on Whether Recognized) #
(1) The team leader shall notify a person eligible for application of whether he or she is recognized as a person of distinguished service or as a bereaved family member or family member thereof in accordance with Article 5 without delay.
(2) The applicant who has an objection relating to the fact notified under paragraph (1) may file a reapplication, and the procedures and other matters necessary therefor shall be prescribed by Presidential Decree.
(3) The team leader shall provide assistance to the person of distinguished service, or the bereaved family member or family member thereof, who is notified of the fact pursuant to paragraph (1) to enable him or her to file an application for registration under Article 6 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State.
Article 8(Conferment of Order of Military Merit) #
(1) Pursuant to Articles 29 through 33 of the Awards and Decorations Act, the Order of Military Merit shall be conferred to a person recognized as a person of distinguished service pursuant to Article 5.
(2) The Government may provide assistance in or organize a commemoration event to confer the Order of Military Merit pursuant to paragraph (1).
Article 9(Cooperation of Relevant Administrative Agencies) #
(1) Where necessary for the investigation, identity verification, etc. of persons of distinguished service, the Minister of National Defense may seek cooperation from the heads of relevant administrative agencies and the heads of local governments regarding the following matters. In such cases, the heads of relevant administrative agencies and the heads of local governments shall comply therewith unless any extenuating circumstances exist:
1. Matters concerning public campaigns, etc. for the residents necessary to obtain reports or testimonies relating to the persons of distinguished service;
2. Provision of personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act;
3. Provision of computerized registration data referred to in Article 11 of the Act on the Registration of Family Relations.
(2) In receiving any information pursuant to the subparagraphs of paragraph (1), the Minister of National Defense shall collect it to the minimum extent necessary for its purpose and shall not use such information received for any purpose other than the intended one.
Article 10(Request for Dispatch of Public Officials) #
(1) Where deemed necessary for performing the duties of the investigation team, the Minister of National Defense may request relevant administrative agencies and local governments to dispatch public officials under Article 2 (2) of the State Public Officials Act or Article 2 (2) of the Local Public Officials Act.
(2) The heads of the relevant administrative agencies and the heads of the local governments that have dispatched public officials pursuant to paragraph (1) shall not give the dispatched persons any disadvantageous treatment in their promotion, transfer, education, reward, welfare, etc.
Article 11(Delegation of Authority) #
The Minister of National Defense may delegate part of his or her authority under this Act to the Chief of Staff of the Army, as prescribed by Presidential Decree.