보훈보상대상자 지원에 관한 법률 ACT ON SUPPORT FOR PERSONS ELIGIBLE FOR VETERAN’S COMPENSATION
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2023-09-07 09:36
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보훈보상대상자 지원에 관한 법률
ACT ON SUPPORT FOR PERSONS ELIGIBLE FOR VETERAN’S COMPENSATION
ACT ON SUPPORT FOR PERSONS ELIGIBLE FOR VETERAN’S COMPENSATION
[Enforcement Date 04. Jan, 2022.] [Act No.18718, 04. Jan, 2022., Partial Amendment]
국가보훈부 (등록관리과-등록) , 044-202-5431
국가보훈부 (심사기준과-신체검사) , 044-202-5424
국가보훈부 (등록관리과-신상변동, 법적용배제) , 044-202-5442, 5438
국가보훈부 (보상정책과-보훈급여금) , 044-202-5421
국가보훈부 (생활안정과-교육, 주택우선공급) , 044-202-5658
국가보훈부 (생활안정과-취업지원) , 044-202-5653
국가보훈부 (생활안정과-대부지원) , 044-202-5656
국가보훈부 (보훈의료정책과-의료지원) , 044-202-5645
국가보훈부 (보훈의료정책과-보철구, 심리적 재활지원) , 044-202-5647
국가보훈부 (복지서비스과-양로, 양육지원) , 044-202-5631
국가보훈부 (복지서비스과-수송시설) , 044-202-5636
국가보훈부 (복지정책과-고궁 등 이용지원) , 044-202-5620
국가보훈부 (심사기준과-신체검사) , 044-202-5424
국가보훈부 (등록관리과-신상변동, 법적용배제) , 044-202-5442, 5438
국가보훈부 (보상정책과-보훈급여금) , 044-202-5421
국가보훈부 (생활안정과-교육, 주택우선공급) , 044-202-5658
국가보훈부 (생활안정과-취업지원) , 044-202-5653
국가보훈부 (생활안정과-대부지원) , 044-202-5656
국가보훈부 (보훈의료정책과-의료지원) , 044-202-5645
국가보훈부 (보훈의료정책과-보철구, 심리적 재활지원) , 044-202-5647
국가보훈부 (복지서비스과-양로, 양육지원) , 044-202-5631
국가보훈부 (복지서비스과-수송시설) , 044-202-5636
국가보훈부 (복지정책과-고궁 등 이용지원) , 044-202-5620
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose) The purpose of this Act is to contribute to stabilizing the livelihood and improving the welfare of persons eligible for veteran's compensation and their families and bereaved families by providing them with reasonable assistance.
Article 2 (Scope of Persons Eligible for Veteran's Compensation) (1) Any of the following persons eligible for veteran's compensation and his or her family members or bereaved family members (including persons eligible for the assistance prescribed in this Act pursuant to any other Act) shall be entitled to assistance under this Act: <Amended on Dec. 22, 2015; Mar. 24, 2020>
1. A soldier or police officer killed in a disaster: A person killed in the line of duty not directly related to national defense or security or the protection of life and property of citizens, or while attending an educational or training course (including persons who died of a disease), as a soldier, police officer, or fire official;
2. A soldier or police officer wounded in a disaster: A person discharged (including retirement from military service, exemption from military service or discharge from full-time reserve service; hereafter the same shall apply in this Article) or retired from service (including exemption from military service; hereafter the same shall apply in this Article) or is about to be discharged or retire from service within six months due to an injury (including a disease) that he or she has sustained in the line of duty not directly related to national defense or security or the protection of life and property of citizens, or while attending an educational or training course, as a soldier, police officer, or fire official, and whose degree of injury has been determined as the grade of injury as defined in Article 6 (hereinafter referred to as "grade of injury") in a physical examination conducted by the Minister of Patriots and Veterans Affairs;
3. A public official killed in a disaster: A person killed in the line of duty not directly related to the protection of life and property of citizens, or while attending an educational or training course (including persons who died of a disease), as a public official as defined in Article 2 of the State Public Officials Act or Article 2 of the Local Public Officials Act (excluding soldiers, police officers, and firefighting officials) or as an employee prescribed by Presidential Decree as one who performs an official duty on a daily basis for the State or a local government;
4. A public official wounded in a disaster: A person who retired from service or is about to retire from service within six months due to an injury (including a disease) that he or she has sustained in the line of duty not directly related to the protection of life and property of citizens, or while attending an educational or training course, as a public official as defined in Article 2 of the State Public Officials Act or Article 2 of the Local Public Officials Act (excluding soldiers, police officers, and firefighting officials) or as an employee prescribed by Presidential Decree as one who performs an official duty on a daily basis for the State or a local government.
(2) Detailed criteria for determining whether a person is eligible for veteran's compensation pursuant to the subparagraphs of paragraph (1) and the scope of eligibility shall be prescribed by Presidential Decree, considering the following matters comprehensively:
1. The degree of relatedness between the performance of duty or the educational or training course and national defense, security or the protection of life and property of citizens;
2. The cause of death or injury (including a disease), whether the victim was culpable, and the degree of his or her negligence, if any.
(3) If a person who meets the prerequisites specified in any subparagraph of paragraph (1) dies or sustains an injury (including a disease) due to a cause specified in any of the following subparagraphs, such person and his or her family shall not become a person eligible for veteran's compensation and their families, whether bereaved or not, eligible for the registration under paragraph (1) and Article 4:
1. If the death or injury is caused by the person's intention or gross negligence without any unavoidable cause or as a consequence of the person's serious violation of a relevant statute or regulation or of his or her superior's order;
2. If the death or injury is caused by an accident or disaster while the person deserts from his or her official duty;
3. If the death or injury is caused by a prank, brawl, or other private activity that cannot be deemed the performance of duty.
Article 3 (Scope of Family Members or Bereaved Family) (1) The scope of family members, bereaved or not, of a person eligible for veteran's compensation, who is entitled to assistance provided for in this Act, is as follows:
1. Spouse;
2. Children;
3. Parents;
4. Grandparents without any other adult lineal descendant;
5. Younger siblings under the age of majority who have neither any lineal ascendant of less than 60 years of age nor any adult sibling.
(2) As for “spouse” in paragraph (1) 1, a person in a de facto marital relationship is included: Provided, That a spouse or person in a de facto marital relationship shall be excluded herefrom, if he or she is or was in a de facto marital relationship with any person other than the person eligible for veteran's compensation after he or she was in a legal or de facto marital relationship with the person eligible for veteran's compensation.
(3) As for “children” in paragraph (1) 2, only one of children adopted by a person eligible for veteran's compensation who has no lineal descendant shall be deemed children.
(4) As for "parents" in paragraph (1) 3, if a person eligible for veteran's compensation has a spouse of a father or mother who has raised or supported the person eligible for veteran's compensation in addition to his or her biological father or mother, only one person who has mainly raised or supported the person eligible for veteran's compensation shall be deemed his or her father or mother.
(5) As for the term "grandparents" in paragraph (1) 4, if an adult lineal descendant is a disabled person prescribed by Presidential Decree incapable of supporting himself or herself or a person who falls under any of the following subparagraphs and who is in compulsory service, a grandparent shall be deemed to have no adult lineal descendant: <Amended on Jun. 4, 2013; Jul. 24, 2015; May 29, 2016; Dec. 31, 2019>
1. A soldier enlisted for active service under Article 16 or 20 of the Military Service Act (including noncommissioned officers appointed without his or her voluntary application);
2. A person called for full-time reserve service under Article 22 of the Military Service Act;
3. An auxiliary police officer or obligatory fire-fighter transferred for secondment under Article 25 of the Military Service Act;
4. A person called up as a social service agent or an alternative service agent under Article 2 of the Military Service Act.
(6) As for "younger siblings under the age of majority" in paragraph (1) 5, if a minor sibling has a lineal ascendant of less than 60 years of age or an adult sibling, but the lineal ascendant or adult sibling is a person with disability prescribed by Presidential Decree as incapable of supporting himself or herself or a person, falling under paragraph (5), who is in compulsory service, the minor sibling shall be deemed to have neither any lineal ascendant of less than 60 years of age nor any adult sibling.
Article 4 (Registration and Determination) (1) A person who intends to be registered as a person eligible for veteran's compensation or such person's family member, bereaved or not, shall file an application for registration with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree.
(2) A person who files an application for registration in accordance with Article 6 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State in order to be qualified as a person of distinguished services to the State, as defined in any provision of Article 4 (1) 3 through 6, 14, and 15 of the aforesaid Act shall be deemed to have filed an application for registration under paragraph (1) on the date of such filing.
(3) Upon receipt of an application for registration under paragraph (1), the Minister of Patriots and Veterans Affairs shall examine whether the applicant meets the prerequisites specified in Article 2 or 3 as prescribed by Presidential Decree and shall determine whether the applicant is eligible for veteran's compensation or such person's family member, bereaved or not. In such cases, the Minister of Patriots and Veterans Affairs shall request the head of the agency or institution to which the applicant belonged to verify the facts relevant to the prerequisites, and the head of the agency or institution to which the applicant belonged shall investigate relevant facts, verify facts relevant to the prerequisites as prescribed by Presidential Decree, and notify the Minister of Patriots and Veterans Affairs of the results thereof.
(4) When the Minister of Patriots and Veterans Affairs intends to determine whether a person is eligible for veteran's compensation or such person's family member, bereaved or not, under the former part of paragraph (3), he or she shall refer the case to the Patriots and Veterans Review 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 "Patriots and Veterans Review Commission") for deliberation and resolution thereon: Provided, That the deliberation and resolution by the Patriots and Veterans Review Commission may be omitted in a case prescribed by Presidential Decree where it is verified objectively that a person meets prerequisites for a person eligible for veteran's compensation or such person's family member, bereaved or not.
(5) Paragraphs (1) through (4) shall also apply to persons prescribed by other statutes as eligible for assistance under this Act.
Article 5 (Reporting Changes in Persons Eligible for Veteran's Compensation) (1) If a person eligible for veteran's compensation or one of such person's family members, bereaved or not, falls under any of the following subparagraphs, a person eligible for filing an application for registration under Article 4 (1) shall file a report on the relevant fact to the Minister of Patriots and Veterans Affairs without delay, as prescribed by Ordinance of the Prime Minister:
1. If such person eligible for veteran's compensation or one of such person's family members is dead;
2. If such person eligible for veteran's compensation or one of such person's family members is deprived of nationality;
3. If one of such person's family members no longer belongs to such person's family under Article 3, bereaved or not;
4. If a person becomes a family member as defined in Article 3, bereaved or not;
5. If a person falls under Article 71 (2);
6. If a person falls under any provision of Article 72 (1) 1 through 4 and paragraph (2) of the same Article;
7. If such person eligible for veteran's compensation or one of such person's family members has been missing for at least one year or the ground to believe that a person has been missing ceases to exist;
8. If such person's name, address, or date of birth has changed;
9. If any other change prescribed by Ordinance of the Prime Minister occurs in such person's personal status.
(2) Upon receipt of a report required by paragraph (1), the Minister of Patriots and Veterans Affairs shall notify the person filing the report, of the change in the order or priority of bereaved family members, the revocation of a decision on registration, a decision on additional registration, or other necessary measures.
Article 6 (Physical Examination) (1) The Minister of Patriots and Veterans Affairs shall conduct a physical examination in order to determine whether a wounded person is eligible for the application of this Act under Article 2 (1) 2 and 4 and to determine the grade of injury according to its severity or a change in the injured part.
(2) The provisions of Articles 6-3 through 6-5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the types of physical examinations of persons subject to a physical examination required by paragraph (1), the effects of determination of a grade of injury, and additional recognition of injuries.
Article 7 (Compensation Principles) A person eligible for veteran's compensation and his or her family, bereaved or not, shall be entitled to compensation according to the degree of sacrifice made by the person eligible for veteran's compensation, but the level of compensation may vary depending upon the standard of living and age of the person or his or her family members, etc.
Article 8 (Time When Entitlement to Compensation Arises or Ceases) (1) The entitlement to compensation under this Act shall arise in the month in which an application for registration is filed in accordance with Article 4 (1): Provided, That if a person who falls under Article 2 (1) 2 or 4 files an application for registration pursuant to Article 4 (1) before he or she is discharged or retires, the entitlement to such compensation shall arise in the month in which the day following the date of discharge or retirement falls. <Amended on Mar. 24, 2020>
(2) Notwithstanding paragraph (1), where a person applies for the payment of livelihood improvement allowances or educational assistance pursuant to Article 14 (1) or Article 25 (4), the entitlement to such compensation shall arise from the month in which the date of application falls: Provided, That where a person who falls under Article 2 (1) 2 or 4 files an application for payment of livelihood improvement allowances or educational assistance pursuant to Article 14 (1) or Article 25 (4) before he or she is discharged or retires, the entitlement to such compensation shall arise in the month in which the day following the date of discharge or retirement falls. <Newly Inserted on Mar. 24, 2020>
(3) If a person eligible for veteran's compensation or such person's family, bereaved or not, falls under any of Article 5 (1) 1 through 3, and Article 72 (1) and (2), he or she shall lose the entitlement to compensation under this Act from the month following the month in which the relevant ground occurs. In such cases, if a person eligible for veteran's compensation himself or herself falls under Article 5 (1) 2 or Article 72 (1), his or her family shall also lose the right to compensation. <Amended on Mar. 24, 2020>
(4) If a person eligible for veteran's compensation or such person's family, bereaved or not, falls under any of the following, his or her right to compensation shall lapse retroactively from the date the right to compensation under this Act arose. In such cases, if a person eligible for veteran's compensation himself or herself loses the right to compensation, his or her family, bereaved or not, shall also lose the right to compensation: <Amended on Mar. 24, 2020>
1. Where it is revealed that the determination on registration was obtained by fraud or other improper means;
2. Where it is found that there is a serious defect in the facts regarding the requirements of the person eligible for veteran's compensation notified under the latter part of Article 4 (3) by the head of the agency or institution to which the applicant belonged, and therefore the requirements for registration as a person eligible for veteran's compensation are found to be unfulfilled.
(5) When the Minister of Patriots and Veterans Affairs intends to determine whether a person falls under any subparagraph of paragraph (4), he or she shall investigate and verify the facts relevant to the case and shall refer the case to the Patriots and Veterans Review Commission for deliberation and resolution. <Amended on Mar. 24, 2020>
(6) If the head of an agency or institution to which a person belonged as referred to in the latter part of Article 4 (3) finds that the person falls under any subparagraph of paragraph (4), he or she shall notify the Minister of Patriots and Veterans Affairs of such fact without delay. <Amended on Mar. 24, 2020>
Article 9 (Obligation to Maintain Dignity) No person eligible for veteran's compensation nor such person's family, bereaved or not, shall commit any act undermining the dignity of the person eligible for veteran's compensation.
CHAPTER II VETERAN'S BENEFITS
Article 10 (Types of Veteran's Benefits) (1) Veteran's benefits shall be classified into compensation, allowances, and lump-sum payment on death.
(2) Allowances provided for in paragraph (1) shall be divided into the following categories:
1. Livelihood improvement allowances;
2. Nursing allowances;
3. Allowances for dependents;
4. Additional allowances for severe injuries;
5. Other allowances prescribed by Presidential Decree.
Article 11 (Compensation) (1) A person who falls under any of the following subparagraphs shall be entitled to compensation: Provided, That the foregoing shall not apply to any person to be excluded from those eligible for the payment of compensation under this Act or any other statutes:
1. A soldier or police officer wounded in a disaster;
2. A person given the first priority among bereaved family members of a soldier or police officer killed in a disaster;
3. A person given the first priority among bereaved family members of a soldier or police officer wounded in a disaster whose grade of injury was determined to the grade equal to or higher than the grade of injury prescribed by Presidential Decree, but who is dead.
(2) Among the bereaved family members specified in paragraph (1) 2 and 3, children shall be limited to those under the age of 25, but such bereaved child who is incapable of supporting himself or herself due to the disability prescribed by Presidential Decree shall be entitled to compensation in the same manner as compensation to children under the age of 25, even after reaching the age of 25. The same shall also apply where a younger minor sibling who is incapable of supporting himself or herself due to the disability prescribed by Presidential Decree becomes an adult. <Amended on Jan. 4, 2022>
(3) The compensation to a person who falls under paragraph (1) 1 shall be paid according to the grade of injury.
(4) The amount of compensation shall be determined appropriately, corresponding to the degree of sacrifice of each person eligible for veteran's compensation, taking into consideration the household consumption expenditure of households nationwide according to the statistics of the family budget survey included in the statistics designated and publicly notified by the Commissioner of the Statistics Korea in accordance with subparagraph 2 of Article 3 of the Statistics Act. In such cases, the amount of compensation to which a person who falls under any provision of paragraph (1) 1 through 3 is entitled shall be at least 70 percent of the compensation to which a soldier or police officer wounded in the line of duty, the bereaved family of a soldier or police officer who died in the line of duty, or the bereaved family of a soldier or police officer wounded in the line of duty who dies later is entitled under the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State.
(5) The compensation shall be paid on a monthly basis, and the amount, method of payment, and other matters necessary for such payment shall be prescribed by Presidential Decree.
[This Article was decided by the Constitutional Court as unconstitutional on June 28, 2018 and was amended by Act No. 16660 (November 26, 2019)]
Article 12 (Order of Priority in Payment of Compensation) (1) The order of priority of bereaved family members in terms of the entitlement to compensation shall be determined in the order specified in the subparagraphs of Article 3 (1).
(2) If at least two bereaved family members have the same order of priority to entitlement to compensation under paragraph (1), the compensation shall be paid in accordance with the following order: <Amended on Nov. 26, 2019>
1. If one bereaved family members with the same priority is designated by an agreement entered into by and between bereaved family members with the same priority, compensation shall be paid to the designated person. In such cases, necessary matters concerning the method of agreement by and between bereaved family members with the same priority shall be prescribed by Presidential Decree;
2. If no person falls under subparagraph 1, the compensation shall be paid to the person who has mainly supported or raised the person eligible for veteran's compensation;
3. If no person falls under subparagraph 1 and 2, the Minister of Patriots and Veterans Affairs shall pay the compensation to the oldest person and if the persons in the same priority are the parents of the person eligible for veteran's compensation, the compensation shall be paid in equal portions, notwithstanding Article 11 (1). In such cases, matters necessary for the method of payment in installments of compensation, etc. shall be prescribed by Presidential Decree.
(3) If a bereaved family member entitled to compensation falls under any of the following subparagraphs, compensation shall be paid to bereaved family members given the next priority, as prescribed by Presidential Decree:
1. If such family member is dead;
2. If such family member no longer falls under any subparagraph of Article 3 (1);
3. If such family member has been missing for at least one year.
(4) Where a person who receives a compensation in installments pursuant to paragraph (2) 3 falls under any subparagraph of paragraph (3), the full amount of the compensation shall be paid to the remaining father or mother. <Newly Inserted on Nov. 26, 2019>
[This Article was decided by the Constitutional Court as unconstitutional on June 28, 2018 and was amended by Act No. 16660 on November 26, 2019]
Article 13 (Livelihood Improvement Allowances) (1) Livelihood improvement allowances may be paid to a person who falls under any of the following subparagraphs, as prescribed by Presidential Decree, taking the standard of living into consideration:
1. A person eligible for veteran's compensation;
2. A person entitled to compensation, among bereaved family members of a person eligible for veteran's compensation;
3. One person given the first priority according to the order of priority specified in the subparagraphs of Article 3 (1), if no one is entitled to compensation, among bereaved family members of a person eligible for veteran's compensation.
(2) If two or more bereaved family members have the same priority in applying paragraph (1) 3, Article 12 (2) shall apply to such cases mutatis mutandis.
(3) Livelihood improvement allowances shall be paid on a monthly basis, and the amount, method of payment, and other matters necessary for payment shall be prescribed by Presidential Decree.
Article 14 (Application for Payment of Livelihood Improvement Allowances) (1) A person who is to be entitled to livelihood improvement allowances under Article 13 (hereinafter referred to as "applicant for entitlement to livelihood improvement allowances") shall file an application for the payment of livelihood improvement allowances, with the Minister of Patriots and Veterans Affairs. In such cases, the Minister of Patriots and Veterans Affairs shall determine whether to pay livelihood improvement allowances based on the results of the inspection conducted in accordance with Article 15.
(2) When an applicant for entitlement to livelihood improvement allowances files an application in accordance with paragraph (1), the applicant and the person responsible for supporting the applicant (referring to the spouse, a parent, child, or the spouse of a child who is responsible for supporting the applicant; hereafter the same shall apply in Articles 15 (1) and (4) and 16 (1) and (2)) shall submit a written statement that they consent to provide the data or information specified in the following subparagraphs: <Amended on Dec. 22, 2015>
1. The average bank balance and other data or information prescribed by Presidential Decree (hereinafter referred to as "financial information"), among data or information on the details of financial assets and financial transactions as defined in subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;
2. The amount of debts and other data or information prescribed by Presidential Decree (hereinafter referred to as "credit information"), among credit information as defined in subparagraph 1 of Article 2 of the Credit Information Use and Protection Act;
3. Insurance premiums paid for insurance specified in any subparagraph of Article 4 (1) of the Insurance Business Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").
(3) Such matters as the method and procedures for filing applications for entitlement to livelihood improvement allowances under paragraph (1) and the method and procedures for consent under paragraph (2) shall be prescribed by Presidential Decree.
Article 15 (Inspection and Questioning) (1) In order to determine whether a person becomes entitled to livelihood improvement allowances or is deprived of such entitlement, the Minister of Patriots and Veterans Affairs may demand that an applicant for entitlement to livelihood improvement allowances or a recipient of livelihood improvement allowances (referring to a person who falls under any subparagraph of Article 13 (1) and who receives livelihood improvement allowances; hereinafter the same shall apply), and the person responsible for supporting the applicant or recipient submit necessary documents or other data about income, property, etc. and may authorize public officials under his or her control to enter the residence of the applicant for entitlement to livelihood improvement allowances or the recipient of livelihood improvement allowances and the person responsible for supporting the applicant or recipient or other places as necessary to inspect documents, etc. or ask questions to the relevant people.
(2) Deleted. <Oct. 31, 2017>
(3) A person who makes an entry for inspection or questioning under paragraph (1) shall carry a certificate indicating his or her authority and produce it to relevant people.
(4) If an applicant for entitlement to livelihood improvement allowances or recipient of livelihood improvement allowances and the person responsible for supporting the applicant or recipient refuses to submit a document or data in accordance with paragraph (1) or refuses, interferes with, or evades inspection or questioning, the Minister of Patriots and Veterans Affairs may reject the relevant application for payment of livelihood improvement allowances or discontinue the payment of livelihood improvement allowances.
(5) Such matters as the scope, timing, and details of the inspection and questioning under paragraph (1) shall be prescribed by Presidential Decree.
Article 16 (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 or other institution (referring to a financial company or other institution defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or the credit information collection agency defined in 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 or other information") with written consent submitted by the relevant applicant for entitlement to livelihood improvement allowances and the person responsible for supporting the applicant in accordance with Article 14 (2) and converted into an electronic format.
(2) If the Minister of Patriots and Veterans Affairs deems it necessary to examine the right of entitlement of a recipient of livelihood improvement allowances and the person responsible for supporting the recipient, he or she may request the head of a financial company or other institution by a document stating relevant personal data or through the information and communications network to provide financial or other information in accordance with the guidelines prescribed by Presidential Decree, 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.
(3) Upon receipt of a request to provide financial or other information in accordance with paragraphs (1) and (2), the head of a financial company or other institution shall provide such information 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.
(4) The head of a financial company or other institution that provides financial or other information in accordance with paragraph (3) shall notify the relevant person of the fact that financial or other information is provided: Provided, That such notification may be omitted if the relevant person consents thereto, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality.
(5) The request for and provision of financial or other information provided for in paragraphs (1) through (3) shall be made through the information and communications network defined in Article 2 (1) 1 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as the "information and communications network”): Provided, That the foregoing shall not apply where the information communications network is destroyed or where there are other unavoidable reasons. <Amended on Dec. 22, 2015>
(6) No person who is or was engaged in the business specified in paragraphs (1) and (2) shall use financial or other information acquired in the course of performing the business 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 or providing financial or other information under any provision of paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree.
Article 17 (Nursing Allowances) (1) A soldier, police officer or public official wounded in a disaster shall be entitled to nursing allowances, if he or she has difficulty engaging in regular activity without the help of other people due to his or her severe injury.
(2) Nursing allowances shall be paid on a monthly basis, and the criteria for payment, the amount and method of payment, and other matters necessary for such payment shall be prescribed by Presidential Decree.
Article 18 (Allowances for Dependents) (1) If any of the following persons has dependents, he or she shall be entitled to the payment of allowances for dependents based on the number of dependents:
1. A soldier or police officer wounded in a disaster, whose grade of injury is equal to or higher than the grade of injury prescribed by Presidential Decree;
2. The spouse of a soldier or police officer killed in a disaster or the spouse of a person who falls under subparagraph 1, if such person is dead;
3. A child of a soldier or police officer killed in a disaster or a child of a person who falls under subparagraph 1, if such person is dead: Provided, That the foregoing shall apply only to children entitled to compensation.
(2) The scope of dependents under paragraph (1) shall be defined as follows:
1. If a person eligible for veteran's compensation falls under paragraph (1) 1: The spouse and minor children of the person;
2. If a person eligible for veteran's compensation falls under paragraph (1) 2 and 3: Minor children of the person.
(3) Notwithstanding paragraph (2), a child incapable of supporting himself or herself due to a disability prescribed by Presidential Decree shall be included within the scope of dependents even after the child becomes adult.
(4) Allowances for dependents shall be paid on a monthly basis, but the amount and method of payment and other matters necessary for such payment shall be prescribed by Presidential Decree.
Article 19 (Additional Allowances for Severe Injuries) (1) A person whose grade of injury determined is equal to or higher than the grade of injury prescribed by Presidential Decree, among soldiers and police officers wounded in a disaster, shall be entitled to additional allowances for severe injuries.
(2) Additional allowances for severe injuries shall be paid on a monthly basis, but the amount and method of payment and other matters necessary for such payment shall be prescribed by Presidential Decree.
Article 20 (Lump-Sum Payment on Death) (1) If a person who has received compensation as the one eligible for veteran's compensation dies, a lump-sum payment on death shall be paid to such person's bereaved family members in the order of priority in the payment of compensation under Article 12. In such cases, if the deceased has no bereaved family member, it shall be paid to the heir, among his or her relatives who resided together at the time of his or her death, at the request of the heir.
(2) A lump-sum payment on death payable when a person who has received compensation as a bereaved family member of a person eligible for veteran's compensation dies shall be paid only where such person has no other bereaved family member entitled to such compensation and shall be paid to the heir, among such person's relatives who resided together at the time of his or her death, at the request of the heir.
(3) If a person has no heir in the cases referred to in paragraphs (1) and (2), a lump-sum payment may be paid to the person who provides funeral services.
(4) The amount of a lump-sum payment and other matters necessary for payment shall be prescribed by Presidential Decree.
Article 20-2 (Payment of Veteran's Benefits) (1) Veteran's benefits shall be paid by the method of depositing them into a bank account at a communications agency [referring to a communications agency referred to in the Postal Savings and Insurance Act (hereinafter referred to as "communications agency") or that at a bank referred to in the Banking Act (hereinafter referred to as "bank"); hereinafter the same shall apply)] designated by a person eligible for the veteran's benefits: Provided, That under an unavoidable circumstance prescribed by Presidential Decree, such as damage to information and communication networks, veteran's benefits may be paid in cash at the request of the person eligible therefor under unavoidable circumstances prescribed by Presidential Decree, such as any damage to information and communications network.
(2) In the payment of veteran's benefits under the main clause of paragraph (1), if the person eligible for the veteran's benefits has opened a bank account in his or her name and designated the bank account as a bank account into which only veteran's benefits can be deposited, the veteran's benefits shall be deposited into the relevant bank account.
[This Article Newly Inserted on Dec. 22, 2015]
Article 21 (Payment of Accrued Veteran's Benefits) If a person entitled to compensation and allowances falls under Article 12 (3) 1 or 3, the compensation and allowances, the payment of which is finalized, shall be paid in the same manner as a lump-sum payment is made under Article 20 (1) or (2).
Article 22 (Protection of Entitlement) (1) The right of entitlement to a veteran's benefits shall not be transferable or seizable and shall not be offered as security.
(2) Notwithstanding paragraph (1), when a person eligible for veteran's compensation intends to take out a loan in accordance with Article 55, Article 18 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, Article 46 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, Article 39 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations, or Article 38 of the Act on Honorable Treatment of Persons of Distinguished Service during Special Mission and Establishment of Related Organizations, he or she may offer veteran's benefits as security. <Amended on Dec. 22, 2015; Jan. 5, 2021>
(3) No claim on an amount below the amount prescribed by Presidential Decree in consideration of the standard medium income defined in subparagraph 11 of Article 2 of the National Basic Living Security Act, veteran's benefits, etc. among the monthly veteran's benefits deposited under Article 20-2 (2) shall be seized. <Newly Inserted on Dec. 22, 2015>
(4) Notwithstanding paragraphs (1) and (3), veteran's benefits may be seized when veteran's benefits are recovered in accordance with Article 68. <Amended on Dec. 22, 2015>
Article 23 (Suspension of Payment of Veteran's Benefits) If a person who is or will be entitled to veteran's benefits receives assistance in a nursing or child-care facility operated by the Korea Veterans Health Service established under Article 2 of the Korea Veterans Health Service Act (hereinafter referred to as the "KVHS") at the State's expense, no amount of money and allowances prescribed by Presidential Decree, out of compensation, shall be paid to such person during the period beginning with the month immediately following the month in which he or she begins to receive such assistance, and ending with the month in which such assistance discontinues.
CHAPTER III EDUCATIONAL ASSISTANCE
Article 24 (Educational Assistance) The State shall provide persons eligible for veteran's compensation and their families, bereaved or not, with educational assistance so that they can receive necessary education at a school that falls under any subparagraph of Article 26 (hereinafter referred to as "educational institution") and support themselves to become sound social members.
Article 25 (Persons Eligible for Educational Assistance) (1) Persons eligible for educational assistance (hereinafter referred to as "persons eligible for educational assistance") are as follows:
1. A soldier, police officer, or public official wounded in a disaster;
2. The spouse of a soldier, police officer, or public official killed in a disaster;
3. Children of a person who falls under subparagraph 1;
4. Children and younger siblings under the age of a soldier, police officer, or public official killed in a disaster.
(2) Educational assistance to a person who falls under paragraph (1) 3 and 4 shall be provided only when such person is enrolled (including admission, re-admission, and transfer; hereinafter the same shall apply) in an educational institution before he or she attains 30 years of age.
(3) Educational assistance may be provided, as prescribed by Presidential Decree, to children of a soldier, police officer, or public official wounded in a disaster, who is eligible for educational assistance under paragraph (1) 3 and whose grade of injury determined is lower than that prescribed by Presidential Decree, taking into consideration the standard of living.
(4) If a child specified in paragraph (3) intends to receive educational assistance, he or she shall file an application therefor with the Minister of Patriots and Veterans Affairs. In such cases, Articles 14 through 16 shall apply mutatis mutandis to the procedures, etc. for determining the standard of living.
Article 26 (Educational Institutions) Educational institutions that shall provide educational assistance to persons eligible for educational assistance are as follows:
1. A secondary school, high school, or other similar schools defined in Article 2 of the Elementary and Secondary Education Act: Provided, That a foreigners' school defined in Article 60-2 of the aforesaid Act shall be excluded herefrom;
2. A university or college defined in Article 2 of the Higher Education Act (including an industrial college, teachers' college, junior college, distant college, and technical college; hereinafter referred to as "university") or other similar schools: Provided, That graduate schools under Article 29-2 of the aforesaid Act and graduate school universities under Article 30 of the aforesaid Act shall be excluded herefrom;
3. A lifelong educational facility in which academic achievements are recognized under the Lifelong Education Act;
4. An educational or training institution that operates a curriculum evaluated and approved under the Act on Recognition of Credits.
Article 27 (Obligation of Admission Duty) (1) An educational institution that falls under subparagraph 1 of Article 26 shall admit persons eligible for educational assistance within the extent of three percent of the maximum number of students for each class, as prescribed by Presidential Decree.
(2) The Minister of Education may increase the ratio of admissions under paragraph (1) for each region by up to six percent, where he or she finds it necessary with regard to the distribution of persons eligible for educational assistance in each region, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
Article 28 (Admission Procedures) Matters regarding the entrance examination for persons eligible for educational assistance provided by educational institutions under subparagraph 1 of Article 26, the decision on admission, and other matters necessary for admission shall be prescribed by Presidential Decree.
Article 29 (Exemption from Tuition Fees) (1) An educational institution shall exempt persons eligible for educational assistance from tuition fees, admission fees and other school expenses (hereinafter referred to as "tuition fees and school expenses"). <Amended on May 29, 2016>
(2) A person eligible for educational assistance shall be exempt from tuition fees and school expenses from the month in which he or she files an application for exemption from tuition fees and school expenses with the head of an educational institution after the person is registered and determined to be eligible for veteran's compensation or a family member of such person, bereaved or not, under Article 4 (3): Provided, That a university, a lifelong educational institution in the form of a distant college, or an educational or training institution that operates a curriculum for which credits required for the acquisition of an academic degree from a junior college or a higher educational institution (hereinafter referred to as "university"), from among educational institutions, shall exempt a person eligible for educational assistance from tuition fees and school expenses that become due on or after the date on which he or she files an application for exemption from tuition fees and school expenses.
(3) If a private university exempts a person eligible for educational assistance who falls under Article 25 (1) 3 or 4 from tuition fees and school expenses in accordance with paragraphs (1) and (2), the State shall pay to the private university half of the exempt amount.
(4) The State may grant a subsidy to a person eligible for educational assistance to cover an amount equivalent to tuition fees and school expenses that he or she has actually paid until he or she is exempt from tuition fees and school expenses under paragraph (2) after filing an application for registration as a person eligible for veteran's compensation or a family member of such person, bereaved or not, in accordance with Article 4 (1): Provided, That if a person has already received an amount equivalent to tuition fees and school expenses under any other statutes or regulations or if a ground prescribed by Presidential Decree exists, no subsidy equivalent to such amount shall be paid.
(5) The period during which a person eligible for educational assistance is entitled to exemption from or subsidization of tuition fees and school expenses under paragraphs (1) through (4), the criteria for such exemption and subsidization, and matters necessary for subsidization for educational institutions that provide educational assistance shall be prescribed by Presidential Decree.
Article 30 (Assistance to Persons Eligible for Educational Assistance and Enrolled in Foreigners' School) (1) If a person eligible for educational assistance is enrolled in a foreigners' school that falls under any of the following subparagraphs, a subsidy may be given, within the budget, to help him or her pay part of the tuition fees and school expenses:
1. A foreigners' school equivalent to a secondary or high school under Article 2 of the Elementary and Secondary Education Act, among foreigners' schools defined in Article 60-2 of the Elementary and Secondary Education Act;
2. A foreign educational institution equivalent to a secondary or high school under Article 2 of the Elementary and Secondary Education Act or a foreign educational institution equivalent to a university, among foreigners' schools defined in subparagraph 2 of Article 2 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City.
(2) The guidelines for the payment of subsidies to persons eligible for educational assistance under paragraph (1), the amount of payment, the period of subsidization, and the procedures for payment shall be prescribed by Presidential Decree.
Article 31 (Payment of Learning Allowances) (1) The Minister of Patriots and Veterans Affairs may pay learning allowances to any of the following persons eligible for educational assistance:
1. A person eligible for educational assistance who receives special education defined in subparagraph 1 of Article 2 of the Act on Special Education for Persons with Disabilities;
2. A person eligible for educational assistance prescribed by Presidential Decree as a person who needs learning allowances.
(2) The amount of learning allowances under paragraph (1), the method of payment, and other matters necessary for such payment shall be prescribed by Presidential Decree.
CHAPTER IV EMPLOYMENT ASSISTANCE
Article 32 (Employment Assistance) The State shall assist persons eligible for veteran's compensation and their families, bereaved or not, in finding employment for the stabilization of their livelihood and their self-realization.
Article 33 (Persons Eligible for Employment Assistance) (1) Persons eligible for assistance in finding employment (referring to "persons eligible for employment assistance") are as follows:
1. A soldier, police officer, or public official wounded in a disaster;
2. The spouse of a soldier, police officer, or public official killed in a disaster;
3. The spouse of a soldier, police officer, or public official wounded in a disaster.
(2) A person eligible for employment assistance may be provided with assistance in finding employment under Articles 37 and 41, but the number of times of such assistance shall not exceed that prescribed by Presidential Decree when the number of times such person is hired under Article 37 (2) is aggregated with the number of times the person is hired under Article 41.
Article 34 (Agencies and Institutions Providing Employment Assistance) Agencies and institutions providing employment assistance are as follows:
1. State agencies, local governments, military bases, and national and public schools;
2. Public and private companies or organizations that ordinarily employ at least 20 persons a day: Provided, That manufacturers that employ less than 200 persons, among manufacturers prescribed by Presidential Decree, shall be excluded herefrom;
3. Private schools.
Article 35 (Additional Points in Employment Examination) (1) When an agency or institution providing employment assistance conducts an employment examination in order to hire its employees, it shall award points in addition to the points that a person eligible for employment assistance earns in the employment examination in accordance with the following subparagraphs:
1. A person eligible for employment assistance and entitled to 10 percent of a full score as additional points: A person who falls under Article 33 (1) 1 or 2;
2. A person eligible for employment assistance and entitled to five percent of a full score as additional points: A person who falls under Article 33 (1) 3.
(2) If an employment examination referred to in paragraph (1) consists of a written test, performance test, and oral test, additional points shall be awarded for each test separately in accordance with any subparagraph of paragraph (1), while an examination is held for two or more subjects, additional points shall be awarded for each subject separately in accordance with any subparagraph of paragraph (1): Provided, That the foregoing shall not apply where the points that a person eligible for employment assistance employment earns for a subject are less than 40 percent of a full score or the performance in a test is not convertible into points.
(3) The number of persons who pass an employment examination with additional points awarded pursuant to paragraphs (1) and (2) (including persons who pass an employment examination with additional points awarded pursuant to Article 16 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, Article 31 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, Article 7-9 of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations, Article 22 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement 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 (figures below the decimal point shall be rounded off in calculating the number of persons to be selected with additional points): Provided, That the foregoing shall not apply where the number of applicants is equal to or smaller than the number of persons to be selected. <Amended on Dec. 22, 2015; Jan. 5, 2021>
(4) If the number of persons who have earned enough points to pass an employment examination exceeds the number of persons to be selected because of persons who have earned the same number of points, persons eligible for employment assistance, from among those who have earned the same points, shall be given priority in determining successful applicants.
(5) The ranks, classes, and positions subject to additional points awarded in an employment examination pursuant to paragraphs (1) and (2) and other matters necessary for adding points in an employment examination shall be prescribed by Presidential Decree.
Article 36 (Application for Employment Assistance) A person eligible for employment assistance who intends to receive such assistance (excluding employment assistance under Article 35; hereafter the same shall apply in this Article) shall file an application therefor with the Minister of Patriots and Veterans Affairs.
Article 37 (Obligation of State Agencies to Employ) (1) Where the head of an agency providing employment assistance under subparagraph 1 of Article 34 (hereinafter referred to as "State agency, etc.") has an authority to employ public officials in general service and civilian personnel in the military service prescribed by Presidential Decree (hereinafter referred to as "public officials in general service, etc."), and the quota for its public officials in general service is five or over, the head shall hire those who apply for a job as a public official in general service, etc. and the employment ratio shall be equivalent to or greater than that prescribed by Presidential Decree (hereinafter referred to as "employment ratio"). In such cases, the number of public officials in general service, etc. shall be deemed included in the quota imposed by the State agency, etc. authorized to hire such public officials in general service, etc. <Amended on Jan. 28, 2014; Dec. 20, 2016>
(2) The head of a State agency, etc. who has not hired persons eligible for employment assistance as public officials in general service, etc. to meet or surpass the employment ratio specified in paragraph (1) shall specially hire persons eligible for employment assistance recommended by the Minister of Patriots and Veterans Affairs when hiring new employees, notwithstanding the provisions of other statutes and regulations regarding the employment of public officials in general service, etc. <Amended on Jan. 28, 2014>
(3) The Minister of Patriots and Veterans Affairs shall recommend more than one candidate, when recommending persons eligible for employment assistance under paragraph (2): Provided, That he or she shall not recommend more than one candidate, if the number of persons eligible for employment assistance is equal to or less than the number of persons to be employed.
(4) Matters regarding the procedures for requesting recommendation of person eligible for employment assistance under paragraph (2), the criteria for recommendation, and special employment shall be prescribed by Presidential Decree.
Article 38 (Inspection of Actual State of Employment by State Agencies) (1) Each State agency, etc. shall notify the Minister of Patriots and Veterans Affairs of matters regarding the quota for and employment of public officials in general service, etc. among its public officials, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014>
(2) If the Minister of Patriots and Veterans Affairs deems it necessary to inspect and monitor the status of employment of public officials in general service, etc. by a State agency, etc., the Minister may request the State agency, etc. to submit relevant data or may inspect and monitor the actual state by any other means and may demand the head of the State agency, etc. take measures for rectification or supplementation, if it is found that such measures are required after inspection and monitoring. <Amended on Jan. 28, 2014>
(3) Upon receipt of a demand for measures for rectification or supplementation under paragraph (2), the head of a State agency or other institution shall take necessary measures and shall notify the Minister of Patriots and Veterans Affairs of the results thereof.
Article 39 (Obligation of Enterprises to Employ Preferentially) (1) An institution providing employment assistance under subparagraph 2 of Article 34 shall hire persons eligible for employment assistance preferentially to meet or surpass the employment ratio for each business entity prescribed by Presidential Decree, within the range of between three and eight percent of the total number of employees.
(2) Notwithstanding paragraph (1), if the Minister of Patriots and Veterans Affairs finds it necessary to provide persons eligible for employment assistance with jobs suitable for their abilities, he or she may increase the employment ratio specified in paragraph (1) for any of the following institutions providing employment assistance by up to nine percent, as prescribed by Presidential Decree:
1. A public institution designated and publicly notified pursuant to Articles 4 through 6 of the Act on the Management of Public Institutions;
2. A local government-invested public corporation under Article 49 of the Local Public Enterprises Act or a local public corporation under Article 76 of the aforesaid Act;
3. An enterprise or organization prescribed by Presidential Decree, among other institutions providing employment assistance under subparagraph 2 of Article 34.
(3) A private school whose quota for staff excluding teachers is at least five persons, among institutions providing employment assistance under subparagraph 3 of Article 34, shall preferentially hire persons eligible for employment assistance to meet or exceed the employment ratio of at least 10 percent of its employees, excluding teachers.
Article 40 (Reporting by Business Entities) (1) An institution providing employment assistance under subparagraphs 2 and 3 of Article 34 (hereinafter referred to as "business entity or other institution") shall report to the Minister of Patriots and Veterans Affairs on the type of business, type of jobs available, number of employees, criteria for employment, and other matters regarding employment, as prescribed by Presidential Decree.
(2) If details of a report submitted in accordance with paragraph (1) are lacking or it is deemed necessary to ascertain the current status, the Minister of Patriots and Veterans Affairs may authorize public officials in charge to enter a business entity or other institution or a business entity or institution deemed governed by this Act and to demand that such business entity or institution provide necessary explanation or submit relevant documents.
(3) A public official in charge referred to in paragraph (2) shall carry identification indicating his or her authority and present it to interested persons.
Article 41 (Special Employment of Veterans) (1) The Minister of Patriots and Veterans Affairs shall recommend more than one person eligible for employment assistance, as prescribed by Presidential Decree, so that a business entity or other institution that fails to meet the employment ratio specified in Article 39 can choose persons that it will employ: Provided, That he or she may choose not to recommend more than one person eligible for employment assistance, if the Minister of Patriots and Veterans Affairs finds it impracticable to recommend more than one person.
(2) Upon receipt of a recommendation of more than one person eligible for employment assistance in accordance with paragraph (1), a business entity or other institutions shall select the persons to hire, from among persons recommended, and shall notify the Minister of Patriots and Veterans Affairs thereof, as prescribed by Presidential Decree.
(3) The Minister of Patriots and Veterans Affairs may order a business entity or other institution to hire persons eligible for employment assistance in any of the following cases, as prescribed by Presidential Decree:
1. If a business entity or other institution gives notice in accordance with paragraph (2): Persons selected by the business entity or institution from among those eligible for employment assistance;
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. If not more than one person has been recommended in accordance with the proviso of paragraph (1): The person designated by the Minister of Patriots and Veterans Affairs from among those eligible for employment assistance.
(4) When the Minister of Patriots and Veterans Affairs issues an order to hire a person under paragraph (3), he or she shall notify the relevant person eligible for employment assistance that he or she shall commence work for the business entity or institution designated by him or her, as prescribed by Presidential Decree.
Article 42 (Restriction on Employment Assistance) (1) A person hired through employment assistance under this Act shall work conscientiously.
(2) If a person eligible for employment assistance falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may place limitations on employment assistance under Article 37 or 41 during a specified period or on the number of occasions such assistance is granted, as prescribed by Presidential Decree:
1. If a person notified of employment under Article 41 (4) fails to start work without good cause;
2. If a person resigns from his or her job without good cause after being hired under Article 37 or 41 and working for a period shorter than that prescribed by Presidential Decree;
3. If a person is dismissed from his or her job as a result of disciplinary action on the ground of neglect of duty, dereliction of duty, or fraud.
Article 43 (Employment Criteria in Physical Examination) Employment criteria in the physical examination of a soldier, police officer, or public official wounded in a disaster to be eligible for employment assistance shall be established to determine whether such person can perform his or her duties in the job for which he or she is expected to be hired, and whether a person successfully passes an examination shall be determined by the medical institution prescribed by Presidential Decree.
Article 44 (Aggregate of Work Experience) A business entity or other institution may add the period for which a person hired preferentially through employment assistance has performed his military service to the period of his work experience, in determining the person's salary class, as prescribed by Presidential Decree.
Article 45 (Prohibition of Discrimination) (1) No agency or institution providing employment assistance shall treat an employee hired under this Act (including newly hired persons; hereinafter the same shall apply) unfavorably, compared to other employees, in determining his or her class of job, assigning him or her a position, promoting him or her, raising his or her salary, or in any similar circumstances on the ground that the person has been compulsorily hired.
(2) If it is found that an agency or institution providing employment assistance discriminates against a person hired under this Act, in violation of paragraph (1), the Minister of Patriots and Veterans Affairs may demand that the said agency or institution rectify such discrimination.
(3) Upon receipt of such demand under paragraph (2), an agency or institution providing employment assistance shall take measures for rectification and shall notify the Minister of Patriots and Veterans Affairs of the results thereof.
Article 46 (Notification of Employment) In any of the following cases, an agency or institution providing employment assistance shall notify the Minister of Patriots and Veterans Affairs of the details thereof:
1. If a person eligible for employment assistance is hired;
2. If a person hired under this Act resigns or is dismissed or discharged.
Article 47 (Calculation of Number of Persons Hired) (1) If the number of persons calculated according to the ratio specified in any provision of Articles 37 (1) and 39 (1) through (3) is less than one person, it shall be deemed one person, while if it is more than one person, the figure below the decimal point shall be rounded off.
(2) If a person hired as a public official in general service, etc. under Article 35 or 37 (2) or hired under Article 35, 39, or 41 (excluding cases where a person is hired as a teacher) was excluded from a person eligible for employment assistance but is still employed, such person shall be included in the quota calculated according to the employment ratio of the relevant agency providing employment assistance. <Amended on Jan. 28, 2014>
(3) If a person eligible for employment assistance is hired without employment assistance under Article 35, 37, 39, or 41, such person shall not be included in the number of persons calculated according to the employment ratio of the relevant agency or institution providing employment assistance.
(4) Where calculating the number of persons hired under Articles 37 (1), 39 and paragraph (2) of this Article, the number of persons eligible for employment assistance falling under Article 33 (1) 1 who received injury grade I, II, III, IV, or V shall be doubled. <Newly Inserted on Oct. 31, 2017>
[Paragraph (4) of this Article remains effective until December 31, 2022 in accordance with the provisions of Article 2 of the Addenda to Act No. 15031 (October 31, 2017)]
Article 48 (Vocational Training) (1) The Minister of Patriots and Veterans Affairs may provide training programs for vocational rehabilitation to soldiers, police officers, and public officials wounded in a disaster, as prescribed by Presidential Decree, so that they can learn skills required for employment.
(2) The Minister of Patriots and Veterans Affairs shall recommend persons eligible for employment assistance to training facilities for the development of workplace skills under the Act on the Development of Vocational Skills of Workers so that they can attend a training course for the development of workplace skills. In such cases, the number of persons to be recommended for employment assistance shall be determined through consultation with the Minister of Employment and Labor within the limit of the preferential training ratio specified in Article 10 of the Vocational Education and Training Promotion Act.
(3) Expenses incurred in training programs for vocational rehabilitation under paragraph (1) and the training programs for the development of vocational skills under paragraph (2) shall be borne by the State.
Article 49 (Payment of Incentive for Development of Skills) (1) When a person eligible for employment assistance intends to acquire qualification or develop skills as necessary for employment, the Minister of Patriots and Veterans Affairs may fully or partially pay the expenses incurred therein by such person or pay an incentive within the budget.
(2) Matters necessary for the standards for, scope of and procedures for subsidization or payment of an incentive under paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER V MEDICAL ASSISTANCE
Article 50 (Medical Assistance) The State shall provide medical assistance to persons eligible for veteran’s compensation and their families, bereaved or not, so that they can maintain a healthy life and receive necessary medical treatment.
Article 51 (Medical Treatment) (1) If a soldier, police officer, or public official wounded in a disaster requires medical treatment for his or her injury or is stricken by disease (including a wound; hereafter in this Article, the same shall apply), a medical institution operated by the State (including veterans' hospitals established under Article 7 of the Korea Veterans Health Service Act (hereinafter referred to as "veterans' hospitals")) or a medical facility operated by a local government shall treat such person, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to a disease intentionally caused by such person. <Amended on Apr. 20, 2021>
(2) The State may entrust medical treatment under paragraph (1) to medical facilities not operated by the State or a local government.
(3) Expenses incurred in the medical treatment under paragraphs (1) and (2) shall be borne by the State: Provided, That where a medical facility operated by a local government provides medical treatment, some of the expenses incurred therein may be borne by the local government, as prescribed by Presidential Decree.
(4) If a soldier, police officer, or public official wounded in a disaster whose grade of injury determined is lower than the grade of injury prescribed by Presidential Decree is provided with medical treatment for any disease other than his or her original injury by a medical facility specified in paragraph (1) or a medical facility to which medical treatment is entrusted under paragraph (2), such person may be required to pay some of the expenses incurred therein, as prescribed by Presidential Decree, notwithstanding paragraph (3).
(5) The spouse of a person eligible for veteran's compensation shall be entitled to medical treatment provided by a veterans' hospital. In such cases, expenses incurred in medical treatment shall be reduced or exempted, and the Minister of Patriots and Veterans Affairs may reimburse the relevant veterans' hospital, within the budget, for expenses so reduced or exempted. <Amended on Apr. 20, 2021>
(6) Any of the following persons who is at least 75 years of age may receive medical treatment from a medical institution designated by the Minister of Patriots and Veterans Affairs for the entrustment of medical institution, other than veterans' hospitals. In such cases, the expenses incurred in such medical treatment shall be reduced or exempted, as prescribed by Presidential Decree, not exceeding the expenses to be borne by the person in question, and expenses so reduced or exempted shall be borne by the State: <Amended on Dec. 22, 2015; Apr. 20, 2021>
1. The spouse of a soldier or police officer killed in a disaster who receives a compensation under Article 11 (1) 2;
2. The spouse of a deceased soldier or police officer wounded in a disaster who receives a compensation under Article 11 (1) 3.
(7) Standards for medical assistance, including the method and procedures for, and the scope and maximum limit of, medical treatment and subsidization of medical expenses under paragraphs (1) through (6), shall be prescribed by Presidential Decree.
Article 51-2 (Medical Support for Police Officials, Firefighting Officials Who Fail to Get Injury Ratings) The State may have persons prescribed by Presidential Decree, such as police officials and firefighting officials, who retired after getting wounded while performing their duties or receiving education or training not in direct relation to the protection of lives and property of the people and failed to get an injury rating, receive medical treatments for the injuries (excluding cases where the injury gets worse intentionally by the person in question) at a veterans' hospital or at a medical institution designated and entrusted with medical treatments by the Minister of Patriots and Veterans Affairs. In such cases, the medical expenses shall be borne by the State. <Amended on Apr. 20, 2021>
[This Article Newly Inserted on May 29, 2016]
Article 51-3 (Medical Treatment in Disaster Situations) Notwithstanding the former part of Article 51 (5), where a disaster defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety occurs and such disaster causes or is likely to cause a serious disruption to medical treatment in veterans' hospitals, the State may entrust medical treatment under Article 51 (5) to a medical institution, other than veterans' hospitals. In such cases, medical expenses shall be reduced or exempted as prescribed by Presidential Decree, and expenses so reduced or exempted shall be borne by the State.
[This Article Newly Inserted on Apr. 20, 2021]
Article 52 (Provision of Prosthetic Appliances) If a soldier, police officer, or public official wounded in a disaster needs a prosthetic appliance due to physical disability, such appliance shall be provided, as prescribed by Presidential Decree.
Article 53 (Medical Rehabilitation) (1) In order to prevent physical functions of soldiers, police officers, and public officials wounded in a disaster from being degraded and to assist them in restoring such functions, the Minister of Patriots and Veterans Affairs shall prepare measures for medical rehabilitation and rehabilitative sports and execute such programs.
(2) If the Minister of Patriots and Veterans Affairs deems it necessary to promote medical rehabilitation and rehabilitative sports, he or she may entrust the KVHS or an organization established pursuant to the Act on the Establishment of Associations by Persons of Distinguished Services to the State with such programs. In such cases, the Minister of Patriots and Veterans Affairs may provide a financial support to the KVHS or organization, to which such programs are entrusted, paying the associated expenses within the budget.
Article 53-2 (Domiciliary Care Services for Patriots and Veterans) (1) To help persons eligible for veteran's compensation and their families and bereaved families with their daily lives, the Minister of Patriots and Veterans Affairs may provide domiciliary care services that assist with household tasks, health care, activities for emotional health, etc. in their homes.
(2) Any person who intends to receive assistance under paragraph (1) shall file an application for such assistance with the Minister of Patriots and Veterans Affairs.
(3) The detailed standards for selecting the beneficiary of services and assistance in paragraph (1) shall be determined by the Minister of Patriots and Veterans Affairs.
[This Article Newly Inserted on Apr. 30, 2019]
Article 53-3 (Psychological Rehabilitation) (1) The Minister of Patriots and Veterans Affairs shall prepare measures for psychological rehabilitation services, such as psychological counseling, and shall conduct programs for such measures, in order to provide persons eligible for veteran's compensation and their family members, bereaved or not, with psychological stability and to help them adapt to society.
(2) Necessary matters concerning the details of, and the procedures, etc. for, providing assistance under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 20, 2021]
Article 54 (Subsidization for Securing Medical Facilities) The Minister of Patriots and Veterans Affairs may grant a subsidy to cover the expenses incurred by the KVHS in securing facilities necessary for medical assistance under this Act and expenses incurred in maintaining and managing such facilities, within the budget.
CHAPTER VI LOANS
Article 55 (Loans) The State shall make long term loans at a low interest rate to persons eligible for veteran's compensation and their families, bereaved or not, in order to assist them in supporting themselves and stabilizing their livelihood.
Article 56 (Persons Eligible for Loans) Persons eligible for loans are as follows:
1. A soldier, police officer, or public official wounded in a disaster;
2. The spouse of a soldier, police officer, or public official killed in a disaster;
3. The spouse of a person prescribed by subparagraph 1, if such person is dead.
Article 57 (Funding Sources for Loans) Loans shall be funded by the support fund for persons, etc. of distinguished services to the State under Article 6 of the Patriots and Veterans Fund Act.
Article 58 (Types of Loans) Loans shall be classified as follows:
1. Loans for purchasing farmland;
2. Housing loans (referring to loans for purchasing a house, loans for purchasing a building site, loans for building a house, loans for improving a house, and loans for renting a house; hereinafter the same shall apply);
3. Loans for business operation;
4. Loans for stabilization of livelihood.
Article 59 (Loan Ceiling) (1) A ceiling for each type of loan shall be determined by the Minister of Patriots and Veterans Affairs without exceeding the sources of loan funding.
(2) The Minister of Patriots and Veterans Affairs shall make a loan specified in subparagraphs 1 and 2 of Article 58 within the following limitations:
1. A loan for purchasing farmland: Not more than the appraised value of the relevant farmland;
2. A loan for purchasing a house or building site: Not more than the appraised value of the relevant house or building site;
3. A loan for home renovation: Not more than expenses for home renovation;
4. A loan for renting a house: Not more than the amount of rent.
Article 60 (Interest Rates on Loans) The interest rates on loans shall be prescribed by Presidential Decree.
Article 61 (Applications for Loans) (1) A person who intends to take out a loan shall apply for a loan to the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree, but if the person meets the prerequisites for two or more types of loans, such person shall choose only one type of loan. Where a person applies for another loan after taking out a loan, he or she is not allowed to change his or her choice.
(2) Upon receipt of a loan application under paragraph (1), the Minister of Patriots and Veterans Affairs shall formulate guidelines for determining whether to make a loan and do so according to such guidelines.
Article 62 (Term of Loan Repayment) (1) A loan shall be repaid in installments within any of the following terms, as prescribed by Presidential Decree:
1. A loan for purchasing farmland: 12 years after a three-year grace period;
2. A loan for housing: 20 years;
3. A loan for operation of business: 15 years;
4. A loan for stabilization of livelihood: 5 years.
(2) If the Minister of Patriots and Veterans Affairs deems that a person who took out a loan is unable to repay such loan, he or she may extend the repayment term by not more than three years.
(3) If a person who took out a loan uses the loan for any purpose other than the original purpose, the Minister of Patriots and Veterans Affairs may require the person to repay the loan irrespective of the repayment term specified in paragraph (1), as prescribed by Presidential Decree.
Article 63 (Security) (1) The Minister of Patriots and Veterans Affairs may guarantee the repayment of a loan to a person who intends to take out a loan for purchasing farmland or a house, as prescribed by Presidential Decree, to smoothly facilitate such person's purchase of the farmland or house.
(2) A person who takes out a loan for purchasing farmland or a house shall provide the property to be acquired with the loan as security to the State until the full repayment of the loan.
(3) If the Minister of Patriots and Veterans Affairs makes a loan for purchasing an apartment unit or other collective housing unit notwithstanding paragraph (2), but the registration of ownership is anticipated to be delayed for a substantial period without any fault on the part of the borrower, the Minister of Patriots and Veterans Affairs may permit the borrower to provide other assets as security without requiring the borrower to offer the housing unit as security until the borrower can offer the housing unit as security by applying mutatis mutandis paragraph (4).
(4) A person who takes out a loan for renovating or renting a house, a loan for business operation, or a loan for stabilization of livelihood shall provide real estate or veteran's benefits specified in Article 10 (excluding livelihood improvement allowances and a lump-sum payment on death; hereafter the same shall apply in this paragraph) to the State as security: Provided, That if the person who takes out a loan has no real estate to offer as security or is not entitled to veteran's benefits, the Minister of Patriots and Veterans Affairs may require the borrower to provide a guarantor or any other asset as security.
(5) If the Minister of Patriots and Veterans Affairs finds it impracticable to preserve a claim with the security offered in accordance with paragraphs (2) through (4), he or she may take measures necessary to preserve such claim.
(6) In any of the following cases, a person who takes out a loan for purchasing farmland or a house shall provide other real estate with a value of not less than the amount of the debt he or she still owes to the State with approval from the Minister of Patriots and Veterans Affairs instead of the real estate he or she has already provided: Provided, That such person shall provide real estate that he or she newly purchases to the State as security in a case specified in subparagraph 3:
1. If the property offered as security is expropriated pursuant to an Act (excluding cases where such property is partially expropriated and there is no problem in securing the loan);
2. If it is unavoidable to replace the property provided as security with other asset due to a natural disaster, accident, or any similar event;
3. If it is unavoidable to sell farmland or a house acquired with the loan and purchase other real estate instead, for the same purpose.
(7) If it is unavoidable to replace the real estate provided by a person who borrowed a loan for renovating or renting a house, a loan for business operation, or a loan for stabilization of livelihood as security with any other asset due to any problem in business operation or other inevitable cause, such person shall provide any real estate with a value of not less than the amount of the debt he or she still owes or an asset determined by the Minister of Patriots and Veterans Affairs as security: Provided, That a person shall be permitted to provide any asset other than real estate as security only where the amount of the debt he or she still owes is not more than the amount determined by the Minister of Patriots and Veterans Affairs.
(8) If a person fully repays a loan, the Minister of Patriots and Veterans Affairs shall undergo the procedures for canceling the mortgage.
Article 64 (Set-off) The Minister of Patriots and Veterans Affairs may offset the principal and interest on a loan specified in any of the following subparagraphs against veteran's benefits under Article 10 (excluding a lump-sum payment on death):
1. The principal and interest on a loan due;
2. The purchase price or rent due, where the property purchased pursuant to Article 66 (1) is sold or leased.
Article 65 (Assumption of Debt) (1) If the successful bidder is eligible for a loan under Article 56 where property provided as security is put up for auction by enforcing a mortgage on the property offered as security, the Minister of Patriots and Veterans Affairs may permit the successful bidder to assume the obligation to repay the previous loan instead of paying the purchase price at the successful bidder's request within the limit of the dividend that the State can recover out of the successful bid price.
(2) Article 63 (2) shall apply mutatis mutandis where a person assumes an obligation in accordance with paragraph (1), deeming that such person takes out a loan under this Act.
Article 66 (Purchase of Property Offered as Security) (1) Where property offered as security is put up for auction by enforcing the mortgage on the property provided as security, the Minister of Patriots and Veterans Affairs may purchase the property provided as security in accordance with the procedures provided for in the Civil Execution Act. In such cases, Article 113 of the Civil Execution Act shall not apply thereto.
(2) Notwithstanding the State Property Act, the Minister of Patriots and Veterans Affairs may manage and dispose of the property purchased in accordance with paragraph (1). In such cases, if the property purchased is farmland, such property shall be sold to a farmer or an agricultural corporation under the Farmland Act.
(3) The basis for setting the purchase price at the time property provided is purchased in accordance with paragraph (1) and the sale price of the property disposed of in accordance with paragraph (2) shall be prescribed by Presidential Decree.
Article 67 (Succession to Loans) (1) If a person who took out a loan dies during the term of the loan, his or her heir shall succeed to the loan obligations.
(2) The person who succeeds to loan obligations in accordance with paragraph (1) shall report such obligations to the Minister of Patriots and Veterans Affairs. In such cases, if at least two persons succeed to loan obligations, they shall appoint one representative who shall be responsible for the management of the property acquired with the loan and shall also report thereon.
Article 67-2 (Preferential Housing Supply) (1) The State and local governments may supply housing constructed by the State or local government or constructed and supplied with funding from the State, local governments, or the Housing and Urban Fund under the Housing and Urban Fund Act, preferentially to persons eligible for veteran’s compensation who are also eligible for loans under Article 56 and their bereaved families, taking into consideration the period without homeownership, standards of living, etc., as prescribed by Presidential Decree.
(2) Any project operator constructing and supplying privately constructed housing under Article 54 of the Housing Act may supply part of the relevant privately constructed and supplied housing preferentially to persons eligible for veteran’s compensation who are also eligible for loans under Article 56 and their bereaved families.
(3) Anyone who wishes to be supplied with housing under paragraph (1) or (2) shall apply to the Minister of Patriots and Veterans Affairs. In such cases, Articles 14 through 16 shall apply mutatis mutandis to procedures for applying for the housing supply, procedures for determining the applicant’s standards of living, etc.
[This Article Newly Inserted on Oct. 31, 2017]
CHAPTER VII SUPPLEMENTARY PROVISIONS AND PENALTY PROVISIONS
Article 68 (Recovery of Veteran's Benefits) (1) If a person who received compensation under this Act falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall recover relevant veteran's benefits, learning allowances (including tuition fees and school expenses subsidized under Articles 29 and 30), expenses for vocational rehabilitation or the development of workplace skills under Article 48, incentives and subsidies for the development of skills under Article 49, and medical expenses subsidized under Article 50 that the person has received:
1. If a person receives compensation by fraud or other improper means;
2. If the entitlement to compensation is retroactively extinguished after a person has received compensation;
3. If compensation is paid mistakenly.
(2) If a person required to return veteran's benefits, which shall be recovered in accordance with paragraph (1), fails to do so within the specified period, the Minister of Patriots and Veterans Affairs may collect such benefits in the same manner as delinquent national taxes are collected.
(3) If the person required to return veteran's benefits, which shall be collected in accordance with paragraph (2), is missing or has no property or if it is impossible to recover such benefits due to any unavoidable cause, the Minister of Patriots and Veterans Affairs may write off such benefits.
Article 69 (Exemption from Obligations to Return) (1) If a person who received compensation under this Act falls under Article 68 (1) 2, but the person is not responsible for the cause for compensation, the Minister of Patriots and Veterans Affairs may exempt such person from the obligation to return veteran's benefits and he or she may not return such benefits, notwithstanding Article 68.
(2) The scope of exemption under paragraph (1) shall be prescribed by Presidential Decree.
Article 70 (Request for Data) (1) The Minister of Patriots and Veterans Affairs may request the heads of relevant agencies to provide information on resident registration, registration of family relationships, or on registration of Korean nationals residing abroad; or military service data, national or local tax data, income or property data, pension or insurance data including the national pension and health insurance, border crossing data, etc., to perform any of the following tasks. Upon receipt of such request, the head of a relevant agency shall comply therewith without good cause:
1. Registering persons eligible for veteran's compensation and their family members, bereaved or not, under Article 4;
2. Tasks regarding reports on changes in persons eligible for veteran's compensation and their family or bereaved family members provided for in Article 5;
3. Providing veteran's benefits under Article 10;
4. Inspecting to determine whether a person becomes entitled to or is deprived of livelihood improvement allowances under Article 15 (1) (including cases where applicable mutatis mutandis pursuant to the latter part of Article 25 (4));
5. Paying tuition fees and school expenses for private universities under Article 29 (3);
6. Inspecting the status of hiring and employment by institutions providing employment assistance under Articles 38 (2) and 40 (2);
7. Making loans under Article 61 (2);
8. Providing security and preserving claims under Article 63 (3) through (5);
9. Tasks regarding succession to loans provided for in Article 67;
10. Supplying housing preferentially under Article 67-2;
11. Recovering veteran’s benefits, etc. and writing off such benefits under Article 68;
12. Suspending compensation under Article 71;
13. Excluding from application of the Act under Article 72.
(2) To verify the data and information referred to in paragraph (1), the Minister of Patriots and Veterans Affairs may jointly use the information system provided for in Article 6-2 (2) of the Social Welfare Services Act.
(3) Any person who performs or performed the tasks referred to in paragraphs (1) and (2) shall not search, use, provide, or divulge to other persons or institutions the data or information referred to in paragraph (1) for purposes other than the purposes of this Act.
(4) Scope of the data and information requestable under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 31, 2017]
Article 71 (Suspension of Compensation) (1) If a person eligible for veteran's compensation violates this Act, or an order issued under this Act, or commits an offense prescribed by Presidential Decree as degrading dignity, the Minister of Patriots and Veterans Affairs may fully or partially suspend compensation to which such person is entitled under this Act or other statutes for a specified period of up to three years, subject to resolution by the Patriots and Veterans Review Commission. <Amended on Dec. 22, 2015>
(2) If a sentence of imprisonment without labor or heavier punishment for a person eligible for veteran's compensation for a crime prescribed by Presidential Decree becomes final and conclusive, the Minister of Patriots and Veterans Affairs shall suspend the payment of veteran's benefits to which the person is entitled during the imprisonment sentenced, beginning with the month immediately following the month in which such sentence becomes final and conclusive.
Article 72 (Exclusion from Application of This Act) (1) If a person who is or will be governed by this Act as the one eligible for veteran's compensation falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude such person from persons eligible for the application of this Act and shall not pay any compensation to which such person otherwise eligible for veteran's compensation and his or her family, bereaved or not, are entitled under this Act or any other Act: <Amended on Dec. 18, 2012; Apr. 5, 2013; Jan. 6, 2016; Oct. 31, 2017; Mar. 13, 2018; Apr. 20, 2021>
1. A person in whose case a sentence of imprisonment without labor or heavier punishment imposed upon him or her for a violation of the National Security Act becomes final and conclusive;
2. A person in whose case a sentence of imprisonment without labor or any heavier punishment imposed upon him or her for a violation of any of Articles 87 through 90, 92 through 101, and 103 of the Criminal Act becomes final and conclusive;
3. A person in whose case a sentence of imprisonment without labor for at least one year or heavier punishment imposed upon him or her for a crime specified in any of the following items becomes final and conclusive:
(a) A crime or an attempted crime specified in any provision of 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 any provision of Articles 287 through 292 and Article 294; a crime specified in any provision of Articles 297 through 301, 301-2, 302, 303, and 305; a crime or an attempted crime specified in Article 332 (limited to habitual offenders as provided for in Articles 329 through 331); a crime or an attempted crime specified in any provision of Articles 333 through 336; a crime specified in any provision of Articles 337 through 339; 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 offenders as provided for in Articles 347, 347-2, 348, 350 and 350-2); or a crime specified in Article 363;
(b) A crime specified in Article 2 (1), Article 3 (3), and Article 6 (limited to criminal attempts for crimes under Article 2 (1) and Article 3 (3)) of the Punishment of Violences Act prior to the amendment by Act No. 13718;
(c) A crime specified in any provision of Articles 5, 5-2, 5-4, and 5-5 of the Act on the Aggravated Punishment of Specific Crimes;
(d) A crime specified in Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes;
(e) A crime specified in any provision of Articles 3 through 10 and 15 (limited to persons who attempt to commit the crimes specified in Articles 3 through 9) of the Act on Special Cases concerning the Punishment of Sexual Crimes;
(f) A crime specified in any provision of 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 any provision of Articles 11, 11-2, 12, 13, 13-2, and 15 of the Military Secret Protection Act;
4. A person in whose case a sentence of imprisonment without labor for at least one year or heavier punishment imposed upon him or her for a crime specified in any provision of Articles 129 through 133 and 355 through 357 of the Criminal Act and Articles 2 and 3 of the Act on the Aggravated Punishment of Specific Crimes and committed in connection with his or her duties during his or her period of service becomes final and conclusive, from among public officials as defined in Article 2 of the State Public Officials Act or Article 2 of the Local Public Officials Act and employees prescribed by Presidential Decree as those who perform official duties daily for the State or a local government;
5. A person who habitually commits an offense prescribed by Presidential Decree as degrading dignity.
(2) If a family member, or bereaved or not, of a person eligible for veteran's compensation, who is or will be governed by this Act, falls under any subparagraph of paragraph (1), the Minister of Patriots and Veterans Affairs shall exclude the family member from those eligible for the application of this Act and shall not pay any compensation to which the family member is otherwise entitled.
(3) If a person exempt from the application of this Act under paragraph (1) falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may determine that the person is subject to the application of this Act to pay compensation, upon receipt of an application filed for registration in accordance with Article 4, only where the person is deemed to be deeply remorseful of his or her wrongdoing: Provided, That the foregoing shall not apply to cases that fall under paragraph (1) 2: <Amended on May 29, 2016>
1. If three years have passed since his or her imprisonment without labor or heavier punishment imposed upon such person was completely executed or exempt;
2. If two years have passed since the date on which such person was excluded from the application of this Act in a case not falling under subparagraph 1.
(4) Where the Minister of Patriots and Veterans Affairs intends to exclude a person eligible for veteran's compensation or a family member, bereaved or not, from persons eligible for the application of this Act on the grounds specified in paragraph (1) 5 or to determine a person excluded from persons eligible for the application of this Act under paragraph (3) to be again eligible for the application of this Act, he or she shall refer the case to the Patriots and Veterans Review Commission for resolution. <Amended on Dec. 22, 2015>
(5) Where the Minister of Patriots and Veterans Affairs intends to suspend compensation under Article 71 (2) or exclude a person from those subject to the application of this Act under paragraphs (1) and (2), he or she may request from the head of a relevant institution criminal records or information on imprisonment in correctional facilities. <Amended on Oct. 31, 2017>
Article 73 (Payment of Rewards) (1) The Minister of Patriots and Veterans Affairs may pay a reward, within the budget, to a person who reports any person who falls under any of the following subparagraphs:
1. A person registered to be eligible for veteran's compensation or a family member of such person, bereaved or not, by fraud or other improper means, in violation of Article 4;
2. A person who receives veteran's benefits by improper means, in violation of Article 5;
3. A person who obtains recognition of the grade of injury in a physical examination by fraud or other improper means, in violation of Article 6.
(2) Matters necessary in relation to the requirements for reporting, standards, methods and procedures for payment of monetary rewards referred to in paragraph (1) shall be prescribed by Presidential Decree.
Article 74 (Delegation and Entrustment) (1) The Minister of Patriots and Veterans Affairs may delegate part of his or her authority under this Act to the head of an affiliated agency or the Jeju Special Self-Governing Province Governor or entrust it to the heads of other administrative agencies, as prescribed by Presidential Decree. <Amended on Oct. 31, 2017>
(2) The Minister of Patriots and Veterans Affairs may entrust communications agencies or banks with business affairs regarding the payment of veterans' benefits and business affairs regarding loans, as prescribed by Presidential Decree. <Amended on Dec. 22, 2015>
Article 75 (Penalty Provisions) (1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Oct. 31, 2017>
1. A person who receives compensation under this Act, or aids and abets another person to receive such compensation, by fraud or other improper means;
2. A person who uses financial information, etc., or provides or divulges financial information to any other person, in violation of Article 16 (6) (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to the latter part of Article 25 (4) and the latter part of Article 67-2 (3));
3. A person who searches, uses, provides, or divulges data or information, in violation of Article 70 (3).
(2) Any person who attempts to commit a crime specified in paragraph (1) 1 shall be punished.
(3) Deleted. <Oct. 31, 2017>
Article 76 (Administrative Fines) (1) Any person who, without good cause, fails to comply with an order issued under Article 41 (3) to hire a person shall be subject to an administrative fine not exceeding 10 million won. <Amended on Jun. 12, 2018>
(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won:
1. A person who fails to file a report in accordance with Article 40 (1) or who makes a false representation in such report;
2. A person who fails to comply with a request for explanation in accordance with Article 40 (2), who makes a false representation in such explanation, or refuses, interferes with, or evades the submission of data;
3. A person who fails to comply with a request to rectify in accordance with Article 45.
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree.
ADDENDUM <Act No. 13608, Dec. 22, 2015>
This Act shall enter into force six months after its promulgation.
ADDENDUM <Act No. 15703, Jun. 12, 2018>
This Act shall enter into force six months after its promulgation.
ADDENDUM <Act No. 16428, Apr. 30, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 18718, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Payment of Compensation)
Notwithstanding the amended provisions of Article 11 (2), compensation shall be paid to a person who is receiving compensation as a parent under Article 3 (1) 3 as at the time this Act enters into force, pursuant to the previous provisions.