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Selected Statutes of the Republic of Korea |
제17편 국가보훈 독립유공자예우에 관한 법률
ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
Act No. 4856, Dec. 31, 1994
Amended by Act No. 5146, Dec. 30, 1995
Act No. 5291, Jan. 13, 1997
Act No. 6338, Dec. 30, 2000
Act No. 6372, Jan. 16, 2001
Act No. 6646, Jan. 26, 2002
Act No. 6836, Dec. 30, 2002
Act No. 7104, Jan. 20, 2004
Act No. 7483, Mar. 31, 2005
Act No. 7649, Jul. 29, 2005
Act No. 7792, Dec. 29, 2005
Act No. 8162, Dec. 30, 2006
Act No. 8328, Mar. 29, 2007
Act No. 8435, May 17, 2007
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to secure the stability of living for the persons of distinguished services to the national independence
and their be-
reaved families, and to improve their welfare by providing honorable
treatment for their distinguished services to the national independence by having fought against Japanese imperialism in order to
achieve na-
tional independence, and moreover to exalt the national spirit by en-
couraging patriotism.
Article 2 (Basic Principle of Honorable Treatment)
Because the Republic of Korea, which succeeded to the tradition of the Provisional Government of the Republic of Korea,was established by the sacrifice and contribution of the persons of distinguished services to the national independence, the Government
shall try to provide substantial
compensation for the persons of distinguished services to the national independence in order to have their sacrifice and contribution
respected
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
as the model of patriotism for ever by us and our descendants, while
securing the honorable life of the persons of distinguished service to the national independence and their families according to the
degree of their sacrifice and contribution. <Amended by Act No. 7792, Dec. 29, 2005>
Article 3 (Measures of State, etc.)
The State, local governments, etc. shall take measures for the praise of
the patriotism of the persons of distinguished services to the national
independence, the enhancement of the national fair and equitable spirit
by succeeding to and developing the said patriotism, and the realization
of the basic principle indicated in Article 2. <Amended by Act No. 7483, Mar.
31, 2005>
Article 4 (Objects of Honorable Treatment)
The persons of distinguished service to the national independence indi-
cated in one of the following subparagraphs, their families or their be-
reaved families shall receive the honorable treatment indicated in this
Act: <Amended by Act No. 6338, Dec. 30, 2000>
1. Patriotic martyrs: Persons who received the Order of Merit for National
Foundation, the National Foundation Medal or the Presidential Citation
because they died while fighting against the seizure of national rights
by Japanese imperialism or performing an independence movement in
Korea or in foreign countries before and after the seizure of national
rights by Japanese imperialism until August 14, 1945; and
2. Patriots: Persons who received the Order of Merit for National
Foundation, the National Foundation Medal or the Presidential Ci-
tation because they fought against the seizure of national rights by
Japanese imperialism or performed an independence movement in
Korea or in foreign countries before and after the seizure of national
rights by Japanese imperialism until August 14, 1945.
Article 5 (Scope of Bereaved Families, etc.)
(1) The scope of the families or bereaved families of the persons of dis-
tinguished services to the national independence who are supposed to
receive the compensation indicated in this Act shall be as follows: <Amended
by Act No. 6338, Dec. 30, 2000; Act No. 8435, May 17, 2007>
1. The spouse (including the defactospouse: Provided,That the spouse or defacto spouse shall be excluded, in case that the spouse or the defacto spouse is or was married to any person other than the person of distinguished services to the national independence, after
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제17편 국가보훈 독립유공자예우에 관한 법률
the spouse or the defactospouse was married to the latter);
2. Sons and daughters;
3. Grandsons and granddaughters;
4. Daughters-in-law whose names were entered in the old family
register before August 14, 1945; and
5. and 6. Deleted. <by Act No. 6338, Dec. 30, 2000>
(2) In case of the sons and daughters indicated in paragraph (1) 2, only
one adopted son or daughter, whom the person of distinguished services
to the national independence has adopted because he has no lineal descendent, shall be considered to be his son or daughter:
Provided,That
in the case of the son or daughter adopted after August 15, 1945 it
shall be confined only to those who supported or supports the persons
of distinguished services to the national independence, his spouse, or his
lineal ascendent/lineal descendent. <Amended by Act No. 5146, Dec. 30, 1995>
(3) In case of the grandsons or granddaughters indicated in paragraph (1)
3, for the adopted son or daughter of lineal descendent of the person of
distinguished services to the national independence, only one adopted
person who has been adopted because he has no lineal descendents shall be considered to be the grandson or granddaughter: Provided, That in
the case of the grandson or granddaughter adopted after August 15,
1945 it shall be confined only to those who supported or supports the
person of distinguished services to the national independence, his spouse,
or the lineal ascendent/lineal descendent. <Amended by Act No. 5146, Dec.
30, 1995>
(4) In a case of paragraph (1) 4, there shall be no bereaved family indi- cated in paragraph (1) 1 through 3, who receives the compensation
under Article 12; but, if there are not less than two persons, it shall be limited to only one person of first priority according
to her husband s order for compensation receipt. <Amended by Act No. 7792, Dec. 29, 2005>
(5) Deleted. <by Act No. 6338, Dec. 30, 2000>
Article 6 (Registration and Decision)
(1) The persons of distinguished services to the national independence,
their families or bereaved families, who want to receive the benefit of
this Act, shall apply for the registration to the Minister of Patriots and
Veterans Affairs in accordance with the Presidential Decree.
(2) When the Minister of Patriots and Veterans Affairs receives the ap-
plication for registration as prescribed in paragraph (1), he shall confirm
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
the qualifications for the persons of distinguished services to the national
independence and their families or bereaved families under the conditions
as prescribed by the Presidential Decree, and then determine them as
the beneficiary under this Act through the deliberation and decision
of the merit reward judging committee (hereinafter referred to as the<.. image removed ..>
merit reward judging committee ) under the provisions of Article 82 of
the Act on the Honorable Treatment and Support of Persons, etc. of Dis- tinguished Service to the State: Provided, That where the qualifications,
etc. for the persons of distinguished services to the national indepen-
dence are confirmed by the objective facts, and which are prescribed by
the Presidential Decree, a deliberation and decision of the merit reward
judging committee may not necessarily be gone through. <Amended by the
Act No. 5291, Jan. 13, 1997; Act No. 6646, Jan. 26, 2002; Act No. 8162, Dec. 30, 2006> (3) In case where the persons of distinguished services to the national independence are dead, or where there is any change in the members of bereaved families or his families, after the persons of distinguished ser- vices to the national independence, the bereaved families or his families apply for the registration under paragraph (1), or are determined as the persons subject to the application of this Act under paragraph (2), they shall make a report on it to the Minister of Patriots and Veterans Affairs.
<Amended by Act No. 6338, Dec. 30, 2000>
Article 7 (Principles for Compensation)
The persons of distinguished services to the national independence, their
bereaved families or families shall be compensated according to the degree
of the sacrifice and contribution of the persons of distinguished services
to the national independence, but the amount of compensation may be
changed according to their living conditions. <Amended by Act No. 7792, Dec.
29, 2005>
Article 8 (Period When One Comes to Enjoy Right for Compensation)
The right for compensation under this Act may be enjoyed from the month
when the application for the registration under the provisions of Article
6 (1) is made.
Article 9 (Obligation to Maintain Personal Dignity)
The persons of distinguished services to the national independence, their
bereaved families or families shall not do any activities which are harmful
to the dignity of the persons of distinguished services to the national
independence.
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제17편 국가보훈 독립유공자예우에 관한 법률
CHAPTER Ⅱ HONORABLE TREATMENT
Article 10 (Honorable Treatments in Ceremony)
When the State, local governments, other public organizations, and schools of each level perform the important events in national holidays or com- memoration days, they shall pay silent tribute to the patriotic martyrs as a part of the during national ceremony and give honorable treatment to the invited persons of distinguished services to the national indepen- dence in the ceremony.
Article 11 (Patriot Benefits)
(1) The patriot benefits shall be divided into a compensation, a lump sum for death, and allowances for adjusting the living conditions. <Amended
by Act No. 7792, Dec. 29, 2005>
(2) The right to receive patriot benefits shall not be alienable or attach- able and may not be provided as a security: Provided,That this provision shall not apply in case that the loan is made or the patriot benefits, etc. are redeemed under the provisions of Articles 18 and 35. <Amended
by Act No. 7792, Dec. 29, 2005>
(3) In case where persons who receive or are to receive the compensation or the allowances for adjusting the living conditions are in an institution for the aged or a nursing facility of the State or local governments, etc., and receive the protection under the State s burden, the compensation amount as stipulated in the Presidential Decree and the allowances for adjusting the living conditions shall not be given from the month next to that whereto belongs the day on which they begin to receive such pro- tection to the month whereto belongs the day on which they stop to receive such protection. <Amended by Act No. 6338, Dec. 30, 2000; Act No. 7792,
Dec. 29, 2005>
(4) In case where persons who are to receive the compensation or the allowances for adjusting the living conditions fall under Article
12 (5)
1 or 4, the compensation or the allowances for adjusting the living con- ditions whose payment is determined shall be paid according
to the precedent for the payment of the lump sum for death under the provi- sions of Article 13 (1) or (2). <AmendedbyActNo.6338,Dec.30, 2000; ActNo.
7792, Dec. 29, 2005; Act No. 8162, Dec. 30, 2006>
(5) The amount and method of paying patriot benefits and other mat- ters necessary for the payment shall be determined by the Presidential Decree. <Amended by Act No. 7792, Dec. 29, 2005>
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
Article 12 (Compensation)
(1) The compensation shall be paid on a monthly basis.
(2) The person of distinguished service to the national independence and
the person who has the first priority among his bereaved family members shall be entitled to receive the compensation: Provided,That in case of the
grandchildren, the compensation shall be paid to only one grandchild of the person of distinguished service to the national
independence who died on or before August 14, 1945, and the right to receive such com- pensation shall not be transferred to
any other grandchild.
(3) The priority of the bereaved family members to receive the compen- sation shall follow the order as stipulated in each subparagraph
of Ar-
ticle 5 (1).
(4) In case where there exist two or more persons of the same priority
from among the bereaved family members to receive the compensation
under paragraph (3), the compensation shall be paid according to the
following classification:
1. The oldest shall have priority over the younger, but in case of the
grandchildren, the compensation shall be paid to the oldest of the
children of the first prior child of the person of distinguished ser- vices to the national independence: Provided, That where there is a
person who mainly supported the person of distinguished services to the national independence, the person shall have priority;
and
2. Notwithstanding the provisions of subparagraph 1, where one person
from among the bereaved family members of the same priority is
designated as the one to receive the compensation by their consul-
tation, the compensation shall be paid to the designated person. In this
case, necessary matters concerning the method, etc. of consultation
among the bereaved family members shall be prescribed by the
Presidential Decree.
(5) In case where the bereaved family member to receive the compen-
sation falls under any one of the following subparagraphs, the compen-
sation shall be given to the bereaved family member who has the second
priority to the compensation as prescribed in each subparagraph of Ar-
ticle 5 (1) under the conditions prescribed by the Presidential Decree:
1. When he dies;
2. When he comes not to fall under any subparagraph of Article 5 (1);
3. When he loses the nationality; and
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제17편 국가보훈 독립유공자예우에 관한 법률
4. When he has been continually missing for not less than one year.
(6) The level of compensation payment shall be determined according to
the degree of sacrifice and contribution of the persons of distinguished
services to the national independence, taking into consideration the na-
tional household livelihood consumption expenditure, etc. shown on the
housekeeping expense survey statistics from among the statistics des-
ignated and publicly announced by the Commissioner of the National
Statistical Office under subparagraph 2 of Article 3 of the Statistics Act.
[This Article Wholly Amended by Act No. 7792, Dec. 29, 2005]
Article 13 (Lump Sum for Death)
(1) In case where the persons of distinguished service to the national independence who have received the compensation die, the lump sum for death shall be given to their bereaved family according to the priority to receive the compensation indicated in Article 12 (3) through (5). In this case, if there is no bereaved family member, the lump sum for death shall be given to the relevant property successor from among the rel- atives who have lived with the person of distinguished service to the national independence at the time of his death according to an application of the person to become a property successor. <Amended by Act No. 6338,
Dec. 30, 2000; Act No. 7792, Dec. 29, 2005; Act No. 8162, Dec. 30, 2006>
(2) The lump sum for death to be paid when the bereaved family, receiv- ing the compensation, of the person of distinguished service
to the na- tional independence dies, shall be paid only in the case where there are no other bereaved family entitled to receive
the compensation; and the lump sum for death shall be given to the relevant property successor from among the relatives
who have lived with the bereaved family at the time of his death according to an application of the person to become a property
successor. <Amended by Act No. 7792, Dec. 29, 2005>
(3) In case of paragraphs (1) and (2), if there is no person to inherit
the property, the lump sum for death may be given to the person who
performs the funeral ceremony.
Article 14 (Allowances for Adjusting Living Conditions)
The allowances for adjusting living conditions may be given to the person of distinguished service to the national independence and one person of first priority to receive the compensation among the bereaved family members in a monthly amount, in view of his living conditions. <Amended
by Act No. 6338, Dec. 30, 2000; Act No. 7792, Dec. 29, 2005>
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
Article 15 (Provision of Education)
(1) The State shall implement educational benefits in order to provide the person of distinguished service to the national independence, the bereaved family and his family members with the necessary education given by the schools under the Elementary and Secondary Education Act and the Higher Education Act, the lifelong education facility whose scholarship is recognized by the Lifelong Education Act, and the edu- cation and training institutes, etc. operating the study courses receiving the assessment recognition under the Act on Recognition of Credits, etc.
<Amended by Act No. 6338, Dec. 30, 2000; Act No. 8162, Dec. 30, 2006>
(2) The persons subject to the educational benefits shall be as follows:
<Amended by Act No. 6646, Jan. 26, 2002>
1. Person of distinguished service to the national independence and his spouse; and
2. Children and grandchildren of the person of distinguished services to the national independence.
(3) Educational institutes which conduct the educational benefits to the persons subject to the educational benefits shall be as follows:
<NewlyIn-
serted by Act No. 6646, Jan. 26, 2002; Act No. 8162, Dec. 30, 2006>
1. Middle schools, high schools and other schools equivalent to them;
2. Colleges (including industrial colleges, colleges of education, junior
colleges, broadcast colleges, communications colleges, broadcast and
communications colleges, and technical colleges; hereinafter the same
shall apply) and other schools equivalent to them;
3. Lifelong educational facilities whose scholastic abilities are recog-
nized pursuant to the Lifelong Education Act; and
4. Educational and training institutes operating the curricula subjected
to the assessment recognition pursuant to the Act on Recognition of
Credits, etc.
(4) The provisions of Articles 23 through 27 of the Act on the Honorable
Treatment and Support of Persons, etc. of Distinguished Services to the
State shall apply mutatismutandis to the educational benefits under
the provisions of paragraphs (1) and (2). <AmendedbyActNo.5291,Jan.13,
1997; Act No. 8162, Dec. 30, 2006>
Article 16 (Provision of Jobs)
(1) The State shall provide jobs for the persons of distinguished services to the national independence, the bereaved families or the members of their families. <Amended by Act No. 6338, Dec. 30, 2000; Act No. 7792, Dec. 29,
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제17편 국가보훈 독립유공자예우에 관한 법률
2005>
(2) Any person subject to employment protection who is eligible to em- ployment protection shall be as any of the following subparagraphs:
<Amended by Act No. 8328, Mar. 29, 2007>
1. The bereaved family of a patriotic martyr;
2. The family and bereaved family of a patriot; and
3. One child of the grandchild who is the eldest grandchild from among
the bereaved family of a person of distinguished services to the na-
tional independence and has difficulty getting employed due to a
disease, impediment, or old age. In this case, criteria for diseases,
impediments or old age, etc. and matters necessary for the imple-
mentation of employment protection shall be prescribed by the Pres-
idential Decree.
(3) Where an institution implementing employment protection referred
to in Article 30 of the Act on the Honorable Treatment and Support of
Persons, etc. of Distinguished Services to the State holds an employment
examination for employing its employees, additional points shall be added
in accordance with the classifications of the following subparagraphs to
the score of a person subject to employment protection who has applied
for the relevant employment examination. <Newly Inserted by Act No. 8328,
Mar. 29, 2007>
1. A person subject to employment protection for whom 10 percent to the full mark is added:
(a) A patriotic martyr s bereaved family and a patriot; and
(b) The bereaved family of a patriot in case that the patriot dies before
the date of application for registration under Article 6 (1); and
2. A person subject to employment protection for whom 5 percent to the
full mark is added:
(a) The family of a patriot;
(b) The bereaved family of a patriot in case that the patriot dies after
the date of application for registration under Article 6 (1); and
(c) A person who falls under paragraph (2) 3.
(4) In implementing employment protection under the provisions of par-
agraphs (1) through (3), expect there are any special provisions in this
Act, the provisions of Articles 31 (2) through (5), 32, 33, 33-2, 33-3,
34, 34-2, 35-2, 36, 37, 37-2, and 38 (2) and (3) of the Act on the Honorable
Treatment and Support of Persons, etc. of Distinguished Services to the
State shall apply mutatismutandis. <Amended by Act No. 5291, Jan. 13, 1997;
Act No. 7104, Jan. 20, 2004; Act No. 7792, Dec. 29, 2005; Act No. 8328, Mar. 29, 2007>
<This paragraph decided by the Constitutional Court on February 23, 2006 as unconforming to the Constitution is amended by Act
No. 8328 of March
29, 2007 >
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
Article 16-2 (Livelihood Support)
(1) Any agency prescribed by the Presidential Decree from among the
State, local governments and other public organizations shall, when it
permits or entrusts the operation of a booth or the installation of a vending
machine for the sale of daily living necessities, such as foodstuffs, office
supplies, newspapers, within the public facilities under its jurisdiction,
reflect preferentially the application of a person of distinguished services
to the national independence who is registered and determined under the
provisions of Article 6, his bereaved family or family when such an ap-
plication is filed.
(2) The person who is permitted or entrusted under the provisions of
paragraph (1) shall engage himself in the relevant business unless he
has a special reason, such as a serious disease.
[This Article Newly Inserted by Act No. 7483, Mar. 31, 2005]
Article 17 (Provision of Medical Treatment)
(1) The State shall provide the medical treatment for the persons of
distinguished services to the national independence and their bereaved
families or families.
(2) When the persons of distinguished services to the national indepen-
dence contract diseases (including the case in which they are wounded),
they may receive medical treatments from the medical institutions
of the State (including the veterans hospital under the provisions of Ar-
ticle 7 of the Korea Veterans Welfare and Health Care Corporation Act)
or from the medical institutions of local governments in accordance with
the Presidential Decree. <Amended by Act No. 6372, Jan. 16, 2001; Act No. 7792,
Dec. 29, 2005>
(3) The State may entrust the medical institutions operated by others than the State or local governments with the medical treatment
under paragraph (2). <Amended by Act No. 7792, Dec. 29, 2005>
(4) The expenses needed for the medical treatments as prescribed in paragraphs (2) and (3) shall be borne by the State: Provided,That in case that the medical institutions of local governments give the medical treat- ments, local governments may bear a part of
the medical expenses pre- scribed by the Presidential Decree. <Amended by Act No. 7792, Dec. 29, 2005> (5) The bereaved families or families of the persons of distinguished ser- vices to the national independence shall receive the medical
treatment in the veterans hospital as prescribed in the provisions of Article 7 of the Korea Veterans Welfare and Health Care Corporation
Act and if it is deemed to be necessary, the State may entrust the medical treatment of them to other medical institutions. In this
case, the expenses needed for the medical treatments shall be reduced or exempted according to the Presidential Decree; and the Minister
of Patriots and Veterans Af-
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제17편 국가보훈 독립유공자예우에 관한 법률
fairs may give the reduced or exempted amount of expenses to the veterans hospital concerned and other medical institutions within the scope of the budget. <Amended by Act No. 6372, Jan. 16, 2001; Act No. 7792, Dec. 29, 2005> (6) The provisions of Articles 43 and 45 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall apply mutatismutandisto the provision of the medical treat- ment as prescribed in the provisions of paragraphs (1) through (5).
<Amended by Act No. 5291, Jan. 13, 1997; Act No. 7792, Dec. 29, 2005>
Article 18 (Loan)
(1) The State shall make a long-term loan at a low interest to persons
who fall under any one of the following subparagraphs in order to secure
their economical independence and stability of their living: <Amended by
Act No. 6338, Dec. 30, 2000; Act No. 7792, Dec. 29, 2005>
1. The persons of distinguished services to the national independence and their bereaved families who receive the compensation; and
2. In case that there is no bereaved family member who receives the compensation of the persons of distinguished services to
the national independence, the person who has the first priority under each sub- paragraph of Article 5 (1).
(2) In applying paragraph (1) 2, when there exist two or more persons of the same priority from among the bereaved family members,
Article
12 (4) shall apply mutatismutandis . <Amended by Act No. 7792, Dec. 29,
2005>
(3) Articles 48 through 62 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State shall apply mutatismutandisto the loan under paragraph (1). <Amended by Act No.
5291, Jan. 13, 1997; Act No. 7792, Dec. 29, 2005>
Article 19 (Provision of Asylum for Aged)
Among the persons of distinguished services to the national indepen-
dence and their bereaved families who receive the compensation as
prescribed in the provisions of Article 12, the men who are not lower than
65 years of age or the women who are not lower than 60 years of age,
who have no person obliged to support them (including the case in which
there is a person obliged to support them, but such person has no ability
to support them as determined by the Presidential Decree), shall be
protected in the asylum for the aged operated by the State. In this case,
the spouses of the persons of distinguished services to the national
independence and their bereaved family members who are protected in
the asylum for the aged operated by the State may receive the protection
in the asylum for the aged according to the decisions of the Minister of
Patriots and Veterans Affairs. <Amended by Act No. 7792, Dec. 29, 2005>
Article 20 (Provision of Fostering Service)
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
With respect to persons who have no one obliged to support them (including the case where there is a person obliged to support them, but such person has no ability to support them as determined by the Presidential Decree) from among the minor children and grandchildren of the persons of distinguished services to the national independence, or to persons whose supporters are under the support in the asylum for the aged, they may be protected in the fostering facilities of the State: Provided, That persons who are protected in the fostering facilities, who are enrolled in the high school, the college and other schools equivalent thereto at the age of 20, or who enter the college or other schools equivalent thereto at the age of 20, may be protected in the fostering facilities concerned until they graduate from the school concerned. <Amended by Act No. 6338,
Dec. 30, 2000>
Article 21 (Entrustment of Protection of Aged, etc.)
(1) When the Minister of Patriots and Veterans Affairs deems it necessary
for the provision of asylum for the aged and the fostering services, he
may entrust the fostering or protection to the social welfare facilities
such as the welfare facilities for the aged and the welfare facilities for
the children.
(2) The expenses needed for the protection of the aged and the fostering
of the children shall be borne by the State.
Article 22 (Right to Use Transportations Free of Charge or at Dis- counted Fee)
(1) With respect to the persons of distinguished services to the national
independence who utilize the transportation facilities in a direct pro-
tection of the said persons facing with the difficulties in moving around
without others help, they are allowed to gratuitously utilize the trans-
portation facilities of the State, local governments and the public orga-
nizations as determined by the Presidential Decree, or to do so at the
discounted fees, under the conditions as prescribed by the Presidential
Decree.
(2) The State may grant the subsidy, within the limit of the budget, to
persons who furnish the transportation facilities other than those under
paragraph (1) to the persons falling under paragraph (1), so as to let
such persons them utilize such facilities free of charge or at the discounted
rate.
Article 23 (Right to Receive Admission to Ancient Palaces, etc. Free of
Charge or at Discounted Fee)
The persons of distinguished services to the national independence or
their bereaved families or families may be admitted to the ancient pal-
aces and public parks managed by the State or by local governments
free of charge or at the discounted fees under the Presidential Decree.
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제17편 국가보훈 독립유공자예우에 관한 법률
Article 24 (Priority for Allotment of Housing)
The provisions of Article 68 of the Act on the Honorable Treatment and
Support of Persons, etc. of Distinguished Services to the State shall
apply mutatismutandis to the preferential allotment of housing for the
person subject to the loan under Article 18 (1). <Amended by Act No. 5291,
Jan. 13, 1997; Act No. 8162, Dec. 30, 2006>
Article 25 Deleted. <by Act No. 7649, Jul. 29, 2005>
Article 26 (Special Case in Support for Domestic Settlement)
(1) With respect to the persons falling under any one of the following
subparagraphs who have returned home and obtained the nationality
of the Republic of Korea after residing overseas by failing to return home
while taking refuge abroad during the dominion period of the Japanese
imperialism, they may be paid settlement allowances that are prescribed
by the Presidential Decree in consideration of the relevant settlement
conditions and ability to maintain living: <Amended by Act No. 7483, Mar. 31,
2005>
1. The persons of distinguished services to the national independence;
and
2. Head of household from among the bereaved family of the person of
distinguished services to the national independence.
(2) One person of the first priority from among the persons falling under
the provisions of paragraph (1) 2 may be paid compensation, not-
withstanding the provisions of Article 12 (3) through (6). <Amended by
Act No. 6338, Dec. 30, 2000; Act No. 7483, Mar. 31, 2005; Act No. 7792, Dec. 29, 2005>
CHAPTER Ⅲ FUNDS
Article 27 (Establishment and Sources of Fund)
(1) The Project Fund for the Patriotic Martyrs and Patriots (hereinafter referred to as the Fund ) shall be raised in order to
help the persons
of distinguished services to the national independence and their bereaved families, and to execute the project capable of exalting
the spirit of the nation by succeeding the independence spirits. <Amended by Act No. 8162,
Dec. 30, 2006>
(2) The Fund shall be raised from the financial resources falling under each of the following subparagraphs: <Newly Inserted by Act No. 8162, Dec. 30,
2006>
1. The won fund raised from the funds for the claim against the Japanese
Government;
2. The properties that are diverted to the State pursuant to the pro-
visions of Article 3 of the Special Act on the Asset Confiscation for
Pro-Japanese and Anti-National Collaborators to the State;
3. The contributions from the State; and
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
4. The amount that is transferred from other accounts or other funds. (3) If necessary for the operation of the Fund, a long-term loan may be made under the burden of the Fund.
Article 28 (Management and Operation of Fund)
(1) The Fund shall be managed and operated by the Minister of Patriots
and Veterans Affairs. <Amended by Act No. 8162, Dec. 30, 2006>
(2) The matters necessary for the management and operation of the
Fund shall be determined by the Presidential Decree.
Article 29 (Deliberative Committee for Operation of Fund)
(1) The Deliberative Committee for the Operation of the Fund for the
Patriotic Martyrs and Patriots (hereinafter referred to as the Deliber-
ative Committee ) shall be established in the Ministry of Patriots and
Veterans Affairs in order to deliberate on the important matters con-
cerning the management and operation of the Fund. <Amended by Act No.
7792, Dec. 29, 2005; Act No. 8162, Dec. 30, 2006>
(2) The matters to be deliberated by the Deliberative Committee and the organization and operation of the Deliberative Committee and
other nec-
essary matters shall be determined by the Presidential Decree.
Article 30 (Purposes of Fund)
The Fund shall be used for the purposes falling under any of the following
subparagraphs: <Amended by Act No. 8162, Dec. 30, 2006>
1. The payment of the subsidies for the honorable treatment and the
life stabilization of the persons of distinguished services to the na-
tional independence and their bereaved families;
2. The commemoration project aimed at commemorating the movement
for the national independence and the project aimed at unearthing
fighters for the national independence and historical material per-
taining to the movement for the national independence;
2-2. The project aimed at facilitating education and study for the pur-
pose of fostering the national spirit and its incidental businesses;
3. The expenses needed for the creation of the Fund and the additional
expenses needed for the operation of the Fund and; and
4. The projects which the Deliberative Committee deems to be necessary
for the promotion of the merit and contributions to the persons of
distinguished services to the national independence.
Article 31 Deleted. <by Act No. 7792, Dec. 29, 2005>
Article 31-2 (Opening of Fund Account)
The Minister of Patriots and Veterans Affairs may open an account for
the project fund for the patriotic martyrs and patriots in the Bank of
Korea.
[This Article Newly Inserted by Act No. 8162, Dec. 30, 2006]
Article 32 (Fiscal Year for Fund)
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제17편 국가보훈 독립유공자예우에 관한 법률
The fiscal year for the Fund shall be determined according to the fiscal
year for the Government.
Article 33 (Accounting Organ for Fund)
(1) The Minister of Patriots and Veterans Affairs shall appoint the public official in charge of the collection of Fund revenues,
the public official in charge of Fund management, the public official in charge of Fund disbursements and the public official
in charge of Fund receipts and disbursements in order to perform the clerical work involving the rev- enues and disbursements
of the Fund from among the public officials who work for the Ministry of Patriots and Veterans Affairs.
(2) The Minister of Patriots and Veterans Affairs may designate the
posts for the public official in charge of the collection of Fund revenues,
the public official in charge of Fund management, the public official in
charge of Fund disbursements and the public official in charge of Fund
receipts and disbursements in the Ministry of Patriots and Veterans
Affairs in lieu of their appointments in accordance with the provisions
of paragraph (1).
[This Article Wholly Amended by Act No. 8162, Dec. 30, 2006] Articles 33-2 and 33-3 Deleted. <by Act No. 8162, Dec. 30, 2006> Article 34 Deleted. <by Act No. 6836, Dec. 30, 2002>
CHAPTER Ⅳ SUPPLEMENTARY PROVISIONS
Article 35 (Redemption of Patriot Benefits, etc.)
(1) In case where the persons who received any compensation under this
Act fall under any one of the following subparagraphs, the Minister of
Patriots and Veterans Affairs shall redeem the patriot benefits and
educational expenses which they received (including the entrance fees,
tuition fees, school support fees, and other school expenses exempted
under Article 25 of the Act on the Honorable Treatment and Support of
Persons, etc. of Distinguished Services to the State, which is applied
mutatismutandis pursuant to Article 15 (4)), the subsidies under Ar-
ticle 55 of the Act on the Honorable Treatment and Support of Persons,
etc. of Distinguished Services to the State, which is applied mutatis
mutandispursuant to Article 18 (3), and the settlement allowances paid
pursuant to Article 26 (1): <Amended by Act No. 5291, Jan. 13, 1997; Act No.
7483, Mar. 31, 2005; Act No. 7792, Dec. 29, 2005>
1. Where one receives the compensation by falsity or illegal means;
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
2. Where the causes for receipt of the compensation are cancelled retro-
actively, after the receipt of compensation; and
3. Where the compensation is wrongly paid.
(2) When the Minister of Patriots and Veterans Affairs redeems the
patriot benefits, etc. under paragraph (1), if the persons liable for re-
turning the patriot benefits, etc. fail to return them within the period,
he may collect them by referring to the practices of the disposition on
default of national tax. <Amended by Act No. 7792, Dec. 29, 2005>
(3) When the Minister of Patriots and Veterans Affairs redeems or
collects the patriot benefits, etc. under paragraphs (1) and (2), if he
deems it impossible to redeem or collect them because persons liable
for returning them are missing or they have no property, or due to other
inevitable causes, he may perform a disposal of deficit. <Amended by Act
No. 7792, Dec. 29, 2005>
Article 36 (Exemption from Obligation to Return)
When persons who received any patriot benefit, etc. under this Act fall under Article 35 (1) 2, and the causes for receiving such patriot benefit, etc. are not attributable to them, the Minister of Patriots and Veterans Affairs may not redeem it, and exempt them from returning it not- withstanding the provisions of Article 35. <AmendedbyActNo.7792,Dec.29,
2005>
Article 37 Deleted. <by Act No. 6338, Dec. 30, 2000>
Article 38 (Suspension of Compensation)
(1) In case where the persons of distinguished service to the national
independence violate this Act or orders under this Act, or commit any
acts harmful to the personal dignity as determined by the Presidential
Decree, the Minister of Patriots and Veterans Affairs shall suspend the
payment of the whole or part of the compensation receivable by them
under this Act or other Acts by fixing the period within 3 years through
the resolution of the merit reward judging committee.
(2) In case where the persons of distinguished services to the national
independence commit a crime as determined by the Presidential Decree,
and are under the execution of imprisonment without prison labor or
any heavier punishment, the Minister of Patriots and Veterans Affairs
shall not pay the patriot benefits to be received by them during the said
period. <Amended by Act No. 7792, Dec. 29, 2005>
Article 39 (Exclusion from Beneficiary of This Act)
(1) In case where the persons of distinguished services to the national
- 16 -
제17편 국가보훈 독립유공자예우에 관한 법률
independence fall under any one of the following subparagraphs, the
Minister of Patriots and Veterans Affairs shall exclude them from the
beneficiary of this Act, and shall not give them the honorable treat-
ment, which the persons of distinguished services to the national inde-
pendence, their bereaved families or their families may receive under
this Act and other Acts: <Amended byAct No.7483,Mar.31,2005; ActNo. 7792,
Dec. 29, 2005>
1. Persons who violate the National Security Act, and on whom impris-
onment without prison labor or any heavier punishment is confirmed;
2. Deleted; <by Act No. 6338, Dec. 30, 2000>
2-2. Persons who violate Article 87 through 90, 92 through 101 or 103
of the Criminal Act, and on whom imprisonment without prison labor
or any heavier punishment is confirmed;
3. Persons who are confirmed to have serious deficits in their merit of
movement for the national independence by the evidential data;
4. Persons who commit or attempt the crimes of Articles 250 through
253, commit or attempt the crimes of Articles 287 through 289, 292
(limited to the cases of falling under Articles 287 through 289), 293,
commit the crimes of Articles 297 through 303, 305, 333 through 336,
commit the crimes of Articles 337 through 339, attempt the crimes
of Articles 337 (former part), 338 (former part) and 339, and commit
or attempt the crime of Article 351 (limited to those who habitually
commit the crimes of Articles 347 and 348) of the Criminal Act, or
commit the crimes of Articles 2 (1), 3 (3) and 6 (limited to those who
attempt the crimes of Articles 2 (1) and 3 (3)) of the Punishment
of Violences, etc. Act, the crimes of Articles 5-2, 5-4 and 5-5 of the
Act on the Aggravated Punishment, etc. of Specific Crimes, the crime
of Article 3 of the Act on the Aggravated Punishment, etc. of Specific
Economic Crimes, or the crimes of Articles 5 through 10 and 12 (limited
to those who attempt the crimes of Articles 5 through 10) of the Act
on the Punishment of Sexual Crimes and Protection of Victims Thereof,
and on whom imprisonment without prison labor for not less than one
year or any heavier punishment is confirmed;
5. Persons who habitually commit an acts harmful to the personal dignity
as determined by the Presidential Decree; and
6. Persons who are determined as having committed pro-Japan and
anti-national acts falling under any of subparagraphs of Article 2
- 17 -
제17편 국가보훈 독립유공자예우에 관한 법률
of the Special Act to Find the Truth of Anti-National Acts under
the Colonial Rule of Japanese Imperialism.
(2) In case where the bereaved families or families of the persons of
distinguished services to the national independence subject to or to be
subject to the application of this Act are decided to be punished for a
crime of Article 250, 252 or 253 of the Criminal Act, the Minister of
Patriots and Veterans Affairs shall exclude them from the beneficiary
of this Act and shall not give them any compensation that they may re-
ceive under this Act. <Newly Inserted by Act No. 7792, Dec. 29, 2005>
(3) In case where any person who was excluded from the beneficiary
of this Act under paragraph (1) 1, 4 or 5 falls under any one of the
following subparagraphs, the Minister of Patriots and Veterans Af-
fairs may designate him as the beneficiary of this Act by receiving an
application for registration under Article 6 and give compensation, lim-
ited to the cases that such person is recognized to have remarkably
repented: <Amended by Act No. 7483, Mar. 31, 2005; Act No. 7792, Dec. 29, 2005>
1. Persons who are sentenced to imprisonment without prison labor
or a heavier punishment and for whom three years have passed since
the execution of punishment has been terminated or whose sentence
execution has been decided to be exempted;
2. Persons who are sentenced to the probation and for whom the period of the probation expires: Provided, That where the period of proba-
tion is less than two years, this shall apply to the persons for whom
two years have passed after the sentence was passed; and
3. In other cases than persons of subparagraphs 1 and 2, persons for
whom two years have passed after they have been excluded from the
beneficiary of this Act.
(4) When the Minister of Patriots and Veterans Affairs excludes the per-
sons of distinguished services to the national independence from the
beneficiary of this Act for the reasons indicated in paragraph (1) 3 or
5, or when he designates persons who were excluded from the benefi-
ciary of this Act as the beneficiary of this Act pursuant to paragraph (3),
he shall go through the resolution of the merit reward judging committee.
<Amended by Act No. 7792, Dec. 29, 2005>
(5) In case where the Minister of Patriots and Veterans Affairs desires to suspend the payment of the compensation under Article 38 (2) or de- sires to exclude from the beneficiary of this Act under paragraphs (1)
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
and (2), he may request the agency in charge of the criminal record to
confirm the criminal career of the persons concerned. <AmendedbyActNo.
7792, Dec. 29, 2005>
Article 40 (Restriction, etc. on Establishment of Supporting Organiza- tion for Persons of Distinguished Services to National Independence)
(1) Nobody may establish the organization aiming at profit making or
may commit the collective or private activities under the pretext of
supporting the persons of distinguished services to the national in-
dependence and their bereaved families or families.
(2) No organization may use the term which is likely to be misunderstood
as the names or titles of the persons of distinguished services to the na-
tional independence under this Act in the title of such organization,
unless it is approved by the Acts.
Article 41 (Delegation and Commission of Authority)
(1) A part of the authority of the Minister of Patriots and Veterans Af- fairs under this Act may be delegated to the heads of agencies
that belong to the Ministry of Patriots and Veterans Affairs or the Jeju Spe- cial Self-Governing Province Governor under the conditions
as prescribed by the Presidential Decree. <Amended by Act No. 8162, Dec. 30, 2006>
(2) The Minister of Patriots and Veterans Affairs may entrust the works concerning the payment of patriot benefits, etc. to the postal
service of- fices or the financial institutions under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 7792, Dec. 29, 2005>
Article 42 (Application of Act on Honorable Treatment and Support of
Persons, etc. of Distinguished Services to State)
The honorable treatment of the persons of distinguished services to the national independence shall be subject to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, except otherwise provided in this Act. <AmendedbyActNo.5291,Jan.
13, 1997; Act No. 8162, Dec. 30, 2006>
CHAPTER Ⅴ PENAL PROVISIONS
Article 43 (Penal Provisions)
(1) Persons who received or made someone receive the compensation as prescribed in this Act by falsity or illegal means shall be sentenced to imprisonment of not more than five years or shall be liable to the fine of not more than five million won.
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ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
(2) Persons who attempt to commit the criminal acts indicated in
paragraph (1) shall be punished.
(3) Persons who violate the provisions of Article 40 (1) shall be sen-
tenced to the imprisonment of not more than three years or shall be liable
to the fine of three million won.
Article 44 (Fine for Negligence)
(1) Persons who do not follow, without any justifiable reasons, the order for employment as prescribed in the provisions of Article 34 of the Act on the Honorable Treatment and Support of Persons, etc. of Distin- guished Service to the State which is applied mutatismutandisaccording to the provisions of Article 16 (3), shall be punished by a fine for negli- gence not exceeding five million won. <AmendedbyActNo.5291,Jan.13,1997;
Act No. 7104, Jan. 20, 2004; Act No. 8162, Dec. 30, 2006>
(2) Persons who fall under one of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won: <Amended
by Act No. 5291, Jan. 13, 1997; Act No. 7104, Jan. 20, 2004; Act No. 8162, Dec. 30, 2006>
1. Persons who did not follow the order for correction under the provisions of Article 36 (2) of the Act on the Honorable Treatment
and Support of Persons, etc. of Distinguished Services to the State which is ap- plied mutatismutandis according to the provisions of Article 16 (3);
2. Persons who do not make a report or made a false report under the provisions of Article 33-3 (1) of the Act on the Honorable Treatment
and Support of Persons, etc. of Distinguished Services to the State which is applied mutatismutandisaccording to the provisions of Ar- ticle 16 (3), or persons who did not obey the demand for the expla- nation as prescribed in the
provisions of Article 33-3 (2) of the same Act or made a false statement or persons who resisted, interfered with, evaded
the presentation of documents; and
3. Persons who used the title similar to that of the organization for the
persons of distinguished services to the national independence against
the provisions of Article 40 (2).
Article 45 (Imposition and Collection of Fine for Negligence)
The imposition and collection of the fine for negligence as prescribed in the provisions of Article 44 shall apply mutatismutandisthe provisions of Article 87 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State. <Amended byAct No.
5291, Jan. 13, 1997; Act No. 8162, Dec. 30, 2006>
- 20 -
제17편 국가보훈 독립유공자예우에 관한 법률
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Article 2 (Repealed Acts)
The Memorial Project Fund for National Martyrs and Patriots Act shall be repealed.
Article 3 (Transitional Measures concerning Funds, etc.)
The project fund for the patriotic martyrs and patriots and the opera- tional committee for the project fund for the patriotic martyrs and patriots established under the previous Memorial Project Fund for National Martyrs and Patriots Act at the time of the enforcement of this Act shall be consid- ered to be the project fund for the patriotic martyrs and patriots and the operational committee for the enterprise fund for the patriotic martyrs and patriots; the credits and debts derived from the project fund for the patriotic martyrs and patriots established under the previous Memorial Proj- ect Fund for the National Martyrs and Patriots Act shall be regarded as the credits and debts derived from the project fund for the patriotic mar- tyrs and patriots established under this Act.
Article 4 (Transitional Measures concerning Registration)
Among persons who were registered as the persons of distinguished ser- vices to the national independence, their bereaved families and families under the Act on the Honorable Treatment, etc. of the Persons of Distin- guished Services to the State at the time of the enforcement of this Act, the patriotic martyrs and patriots and their bereaved families and fam- ilies shall be considered to be registered under this Act.
Article 5 (Transitional Measures concerning Compensation, etc.)
(1) Persons who received or receive the compensation, the educational benefits, the job opportunity, the free medical treatment, the
benefits re- lated to the loan, and other honorable treatments and compensations which are given to the patriotic martyrs and patriots
and their bereaved families or families under the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to
the State at the time of the enforce- ment of this Act shall be regarded as persons who received or receive the honorable treatments
and compensations as prescribed in the provisions of Chapter Ⅱ.
(2) Persons who receive the support as prescribed in the provisions of
paragraph (2) of the Addenda of the amended Act on the Enterprise Fund
for the Persons of Distinguished Services to the National Independence,
- 21 -
ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
Act No. 2588 at the time of the enforcement of this Act shall receive sup-
ports according to the previous examples.
Article 6 (Transitional Measures concerning Order for Employment, etc.) The order for employment and the notification of the job, which is made for the patriotic martyrs and patriots, their bereaved families or families under the provisions of the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State at the time of the enforce- ment of this Act shall be considered to be made according to the provisions of Article 16 (3) of this Act.
Article 7 (Transitional Measures concerning Decision of Loans)
Among the patriotic martyrs and patriots, their bereaved families or fam- ilies, the persons who are determined as the receiver of
loans under the provisions of the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State at the
time of the enforcement of this Act shall be considered to be determined under the provisions of Article
18 of this Act.
Article 8 (Transitional Measures concerning Loaned Property, etc.)
The loaned property and the security which patriotic martyrs and patriots,
their bereaved families and families provided under the provisions of the
Act on the Honorable Treatment, etc. of the Persons of Distinguished Ser-
vices to the State at the time of the enforcement of this Act shall be con-
sidered to be the loaned property and security under the provisions
of Article 18 (2) of this Act.
Article 9 (Transitional Measures concerning Redemption of Compensa- tion, etc.)
In case where the compensation, the educational subsidies, and other sub-
sidies, etc. which were already given to patriotic martyrs and patriots,
and their bereaved families and families under the Act on the Honorable
Treatment, etc. of the Persons of Distinguished Services to the State at the
time of the enforcement of this Act fall under any of subparagraphs of
Article 35 (1), the compensation, the educational subsidies and other
subsides may be redeemed, collected, disposed as a loss, or exempted
according to Articles 35 (2), (3) and 36.
Article 10 Omitted.
Article 11 (Relationship with Other Acts)
In case where other Acts cited the previous Act on the Honorable Treat- ment, etc. of the Persons of Distinguished Services to the State and its provisions at the time of the enforcement of this Act, and there is any
- 22 -
제17편 국가보훈 독립유공자예우에 관한 법률
provisions corresponding to this in this Act, they shall be considered to cite this Act or the Articles corresponding to this Act.
ADDENDA <Act No. 5146, Dec. 30, 1995>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1996. (2) (Transitional Measures concerning Payment of Pensions) The daughter- in-law falling under Article 5 (1) 4 at the time of the enforcement of this Act, who receives pensions, shall be paid pensions under the previous provisions, notwithstanding the amended provisions of Articles 5 (3) and 12 (2) and the provisions of Article 12 (3).
ADDENDA <Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 6338, Dec. 30, 2000>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2001: Provided, That the persons subject to the application under amendments to Article 4 and diverse compensations according to them shall enter
into force on July 1, 2001.
(2) (Transitional Measures on Compensations, etc.) The persons who have received the honorable treatment and compensations, or are
receiving them, under Article 2 (1) of the Addenda of Act No. 4457, the Amended Act among the Act on the Honorable Treatment, etc.
of the Persons of Distinguished Services to the State at the time of enforcement of this Act, shall be governed by the previous
examples.
(3) (Transitional Measures on Extinctive Prescription) The amendments to Article 37 shall be also applicable to the right to receive
compensations already brought about at the time of enforcement of this Act for which the extinctive prescription has not been completed
under the previous provisions.
ADDENDA <Act No. 6372, Jan. 16, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 6646, Jan. 26, 2002>
This Act shall enter into force on March 1, 2002.
- 23 -
ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
ADDENDA <Act No. 6836, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7104, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation, but it shall be applicable on January 1, 2004.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7483, Mar. 31, 2005>
(1) (Enforcement Date) This Act shall enter into force two months after the date of its promulgation.
(2) (Transitional Measures regarding Support of Settlement Allowance) The amended provisions of Article 26 (1) 2 and (2) shall apply
starting with the bereaved family of a person of distinguished services to the national independence who has returned home and
obtained the nationality of the Republic of Korea for the first time after the enforcement of this Act. (3) (Application
Examples regarding Collection of Compensation, etc.) The amended provisions with respect to the settlement allowance referred
to in Article 35 (1) shall apply starting with the bereaved family of a person of distinguished services to the national independence
who has returned home and obtained the nationality of the Republic of Korea for the first time after the enforcement
of this Act.
ADDENDA <Act No. 7649, Jul. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six month after the date of its promul- gation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7792, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007: Provided, That the
amended provisions of Articles 16 (2) and 39 shall take effect on the
date of its promulgation.
Article 2 (Succession to Rights and Obligations)
- 24 -
제17편 국가보훈 독립유공자예우에 관한 법률
The assets, credits, debts, and other rights and obligations which belong
to the Project Fund for the Patriotic Martyrs and Patriots under Ar-
ticle 27 at the time of entry into force of this Act shall be succeeded to
the Fund under this Act, notwithstanding the provisions of Articles 20
and 44 of the State Properties Act.
Article 3 (Applicable Cases concerning Exclusion from Application of This
Act)
The amended provisions of Article 39 (2) shall be applicable to the be-
reaved families or families of the persons of distinguished services to
the national independence who file a registration application or a report
pursuant to Article 6 (1) or (3) on or after the enforcement date of this
Act.
Article 4 (Transitional Measures concerning Payment of Patriot Benefits) Any person who receives any compensation or pension under the previous provisions at the time of entry into force of this Act shall be deemed to be a person who receives any patriot benefit or compensation under this Act.
Article 5 (Transitional Measures concerning Priority to Receive Com- pensation)
Any bereaved family member who is granted any pension under the pre-
vious provisions at the time of entry into force of this Act shall be deemed
to have the priority to receive compensation, notwithstanding the
amended provisions of Article 12 (2), (3) and (4) 1. <Amended by Act No.
8162, Dec. 30, 2006>
Article 6 Deleted.
ADDENDA <Act No. 8162, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Article 2 (Special Case concerning Draft Plan for Fund Operation in 2007) (1) The Minister of Patriots and Veterans Affairs shall, when the Fund is set up, develop a draft plan for fund operation in 2007 and submit it to the Minister of Planning and Budget after going through the delib- eration and the vote thereon of the Deliberative Committee.
(2) In case where the draft plan for fund operation is made definite,
the Government shall submit it without delay to the National Assembly.
In this case, the draft plan for fund operation shall be deemed to have
been deliberated and made definite after its deliberation.
- 25 -
ACT ON THE HONORABLE TREATMENT OF PERSONS OF DISTINGUISHED SERVICES TO INDEPENDENCE
ADDENDA <Act No. 8328, Mar. 29, 2007>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2007. (2) (Application Examples regarding Employment Examination) The amended provisions of Article 16 (2) through (4) shall apply starting with an examination held after the enforcement of this Act.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
- 26 -
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