Act On Honorable Treatment And Support Of Persons Wounded Or Killed For A Just Cause


Published: 2011-08-04

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 Article 1 (Purposes)   print
The purpose of this Act is to extol sublime virtues of persons wounded or killed for a just cause and contribute to the realization of social justice by providing proper treatment and support for persons killed or wounded while making rescue efforts for another person's life, body, or property in peril or in danger with no duty to do so and their family members, surviving or dependent, according to the degree of their sacrifices and injuries and other relevant facts.
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 Article 2 (Definitions)   print
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
1. The term "rescue efforts" means direct and affirmative activities performed in rescue efforts to another person's life, body, or property in imminent peril or danger, risking his/her own life or physical safety;
2. The term "deceased noble person" means any person who was killed (including a person who died from an injury) while making rescue efforts without any duty to do so and whom the Minister of Health and Welfare recognizes as a deceased noble person pursuant to this Act;
3. The term "wounded noble person" means a person who sustained an injury to his/her body while making rescue efforts without any duty to do so and whom the Minister of Health and Welfare recognizes as a wounded noble person pursuant to this Act;
4. The term "deceased or wounded noble person" means a deceased noble person or a wounded noble person;
5. The term "surviving family members of a deceased noble person" means the spouse (including a person in de facto marital relationship with the dead person; hereinafter the same shall apply), offspring, parents, grandparents, or siblings of a deceased noble person; and
6. The term "family members of a wounded noble person"means the spouse, offspring, parents, grandparents, or siblings of a wounded noble person.
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 Article 3 (Scope of Application)   print
(1) This Act shall apply to any of the following cases: <Amended by Act No. 11006, Aug. 4, 2011>
1. Where a person is killed or wounded while making rescue efforts by preventing the commission of a crime, such as robbery, larceny, violence, kidnapping, etc. or while attempting to arrest a person who has committed such crime;
2. Where a person is killed or wounded while making rescue efforts for the life, physical safety, or property of another person in peril or danger at the scene of a traffic accident of motor vehicle, train, or any other means of transport;
3. Where a person is killed or wounded while making rescue efforts for the life, physical safety, or property of another person in peril or danger at the scene of a natural disaster, flood, fire, collapse of a building, retaining wall or embankment, or any similar casualty;
4. Where a person is killed or wounded while taking emergency measures for keeping several unspecified people from a danger that might have been caused by a natural disaster, flood, fire, collapse of a building, retaining wall or embankment, or any similar casualty;
5. Where a person is killed or wounded while making rescue efforts for the life, physical safety, or property of another person put in peril or danger by an attack of a wild animal or rabid dog, or any similar hazard;
6. Where a person is killed or wounded while making rescue efforts for the life, physical safety, or property of another person put in peril or in danger when enjoying recreation in the water at a beach, river, valley, or any other place;
7. Where a person is killed or wounded while on the move following the normal route and manner prescribed by Presidential Decree to make rescue efforts upon request by the State or a local government;
8. Where a person is killed or wounded while making rescue efforts for the life, physical safety, or property of another person put in peril or danger by any hazard similar to those under subparagraphs 1 through 6.
(2) Notwithstanding the provisions of paragraph (1), this Act shall not apply to any of the following persons:
1. Any person killed or wounded while making rescue efforts for another person put in danger by his/her own act;
2. Any person killed or wounded by his/her own gross negligence that is the direct cause of his/her death or injury but that has no connection with his/her making rescue efforts or any other act closely related to such rescue efforts.
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 Article 4 (Committee for Examination of Noble Deaths and Wounds)   print
(1) The Ministry of Health and Welfare shall have the committee for examination on noble deaths and wounds to deliberate and make a resolution on the following matters (hereinafter referred to as the "Committee"): <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
1. Matters concerning the recognition of deceased and wounded noble persons and determinations on the degree of injury of wounded noble persons under Article 5;
2. Matters concerning the change of the degree of injury of wounded noble persons under Article 6;
3. Matters concerning the honorable treatment of dead and wounded noble persons and their family members, surviving or dependent;
4. Matters concerning the payment of compensation for deceased and wounded noble persons and their family members, surviving or dependent; and
5. Other matters referred by the chairperson to the Committee for resolution as he/she deems necessary for providing honorable treatment and support to deceased and wounded noble persons and other people.
(2) The Committee shall be comprised of 15 members or less, including one chairperson and one vice chairperson, all of whom shall be appointed or commissioned by the Minister of Health and Welfare among those who have adequate knowledge and experience in the honorable treatment and support under this Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) The term of office of each Committee member commissioned pursuant to paragraph (2) shall be two years, and may be renewed consecutively.
(4) The Committee may, if deemed necessary for examination and resolution under paragraph (1), require relevant persons to make an appearance before the Committee or conduct an investigation into such persons, or demand the State, a local government, or a public organization to report relevant facts or submit relevant materials.
(5) Necessary matters concerning the organization and operation of the Committee shall be prescribed by Presidential Decree.
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 Article 5 (Petition for Recognition, etc.)   print
(1) Any person who intends to be held eligible for the benefits under this Act shall file a petition for recognition of a deceased or wounded noble person with the head of Si (including the administrative mayor under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gun, or Gu (limited to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over his/her domicile or the scene of the rescue efforts as prescribed by Presidential Decree.
(2) The head of the competent Si/Gun/Gu shall, upon receiving a petition for recognition under paragraph (1), request the Minister of Health and Welfare, without delay through the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or Do governor, or the Special Self-governing Province Governor (hereinafter referred to as the "Mayor/Do governor") to make a decision on whether to recognize the relevant person as a deceased or wounded noble person. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Notwithstanding paragraphs (1) and (2), the head of the competent Si/Gun/Gu may, when he/she becomes aware of the fact that there were rescue efforts made within his/her jurisdiction, request in his/her discretion the Minister of Health and Welfare through the competent Mayor/Do governor to make a decision on whether to recognize the relevant person as a deceased or wounded noble person. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) The Minister of Health and Welfare shall, upon receiving a request under paragraph (2) or (3), make a decision on whether to recognize the relevant person as a deceased or wounded noble person within 60 days, subject to the examination and resolution by the Committee: Provided, That the period of time may be extended by 30 days or less, if it is required for ascertaining whether the rescue efforts had actually been made or if any other unavoidable cause or event exists. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(5) The Minister of Health and Welfare shall, when he/she makes a decision to recognize a person as a wounded noble person pursuant to paragraph (4), determine the grade assessed according to the degree of injury as prescribed by Presidential Decree (hereinafter referred to as "injury grade") as well. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 6 (Petition for Change of Injury Grade)   print
(1) Any wounded noble person shall, if he/she intends to have a change of his/her injury grade determined pursuant to Article 5 (5) because the injury that he/she sustained while making rescue efforts has been aggravated, file a petition for change of the injury grade with the head of Si/Gun/Gu having jurisdiction over his/her domicile as prescribed by Presidential Decree.
(2) Article 5 (2) and (4) shall apply mutatis mutandis to the procedures for filing a petition for change of the injury grade under paragraph (1) and to the decision on whether to accept such petition.
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 Article 7 (Awarding Honors, etc.)   print
The State may take necessary measures, such as awarding honors, etc., as prescribed by the Awards and Decorations Act so that the self-sacrificing, sublime spirit and courage demonstrated by deceased and wounded noble persons are constantly remembered as good examples to the society.
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 Article 8 (Compensation)   print
(1) The State shall pay compensation to deceased and wounded noble persons and surviving family members of deceased noble persons: Provided, That if a certain amount of compensation has been already paid by the State or a local government pursuant to any other Act, the portion equivalent to the amount out of the compensation under this Act shall not be paid.
(2) The amount of compensation determined shall be commensurate with the degree of sacrifice and wounds of the deceased or wounded noble person, taking into consideration the national surveys of household consumption and expenditures among the statistics prescribed and publicized by the Commissioner of the National Statistics Office pursuant to subparagraph 2 of Article 3 of the Statistics Act.
(3) The compensation shall be paid in lump sum, but the amount and method of payment and other necessary matters concerning such payments shall be prescribed by Presidential Decree.
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 Article 9 (Compensation for Destroyed or Damaged Chattels)   print
(1) The State shall compensate a wounded noble person or surviving family members of a deceased noble person for damage to any chattel of the deceased or wounded noble person, if the chattel was destroyed or damaged while making rescue efforts: Provided, That the same shall not apply to cases where such damage has already been compensated pursuant to any other Act.
(2) The amount of compensation under paragraph (1) shall be the price of replacing the chattel or the cost and expenses for repair works as required.
(3) The compensation under paragraph (1) shall be paid in lump sum.
(4) Necessary matters concerning the extent of and procedure for the payment of compensation under paragraph (1) and other relevant matters shall be prescribed by Presidential Decree.
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 Article 10 (Priority for Compensation)   print
(1) The compensation under Articles 8 and 9 (hereinafter referred to as "compensation") for a wounded noble person shall be paid to the person wounded, while the compensation for surviving family members of a deceased noble person shall be paid to his/her spouse, offspring, parents, grandparents, and siblings in this order. In such cases, if two or more persons exist with the same priority among surviving family members, the compensation shall be paid to each of them in equal shares.
(2) A fetus shall be deemed to have already been born for the purpose of determining priority in the payment under paragraph (1).
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 Article 11 (Medical Benefits)   print
(1) The medical benefits under the Medical Care Assistance Act shall, upon filing an application, be provided to a wounded noble person or surviving family members of a deceased noble person: Provided, That the same shall not apply to wounded noble persons who have sustained minor bodily injuries as specified by Presidential Decree.
(2) Deceased or wounded noble persons shall be eligible for the medical benefits under paragraph (1) from the time when they made rescue efforts. For such cases, necessary matters concerning the amount of reimbursement for medical expenses paid by a wounded noble person or surviving family members of a deceased noble person before medical benefits are provided, the procedure therefor, and other relevant matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 12 (Educational Benefits)   print
The educational benefits under the National Basic Living Security Act shall, upon filing an application, be provided to offspring of a deceased noble person or a wounded noble person and his/her offspring: Provided, That the same shall not apply to wounded noble persons who have sustained minor bodily injuries as specified by Presidential Decree and their offspring.
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 Article 13 (Protection of Employment)   print
Measures for protecting employment of wounded noble persons or family members of deceased or wounded noble persons, surviving or dependent, shall be taken as prescribed by Presidential Decree to help them enjoy a stable life: Provided, That the same shall not apply to wounded noble persons who have sustained minor bodily injuries as specified by Presidential Decree and their family members.
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 Article 14 (Funeral Benefits)   print
The funeral benefits under the National Basic Living Security Act shall be provided to each deceased noble person.
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 Article 15 (Support for Use of Old Palaces, etc.)   print
Persons determined by Presidential Decree among wounded noble persons, surviving family members of deceased noble persons, and family members of wounded noble persons may be granted free or discounted admission into old palaces, parks and other facilities managed by the State or local governments, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11006, Aug. 4, 2011]
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 Article 16 (Protective Institutions)   print
The payment of compensation, medical benefits and educational benefits, the protection of employment, and the payment of funeral benefits under the provisions of Articles 8 through 14 shall be administered by the competent Mayor/Do Governor or the head of each Si/Gun/Gu.
[This Article Wholly Amended by Act No. 11006, Aug. 4, 2011]
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 Article 17 (Protection of Rights)   print
No right to the payment of compensation under this Act may be transferred, offered as collateral, nor subject to seizure.
[This Article Wholly Amended by Act No. 11006, Aug. 4, 2011]
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 Article 18 (Limitation on Period for Application)   print
No one may file an application for the payment of compensation, medical benefits or educational benefits, the protection of employment, or the payment of funeral benefits under any of Articles 8 through 14 after three years have elapsed from the date on which a decision to recognize the relevant person as a deceased or wounded noble person was notified (in the case of educational benefits, if no cause for the payment thereof existed as of the date of such notification, it refers to the date on which the cause for the payment thereof occurred thereafter). <Amended by Act No. 11006, Aug. 4, 2011>
[This Article Wholly Amended by Act No. 11006, Aug. 4, 2011]
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 Article 19 (Restitution of Compensation, etc.)   print
(1) If it is discovered that a person has received compensation or protection under this Act by deceit or in any other fraudulent manner, the Minister of Health and Welfare or the competent protective institution shall collect back such compensation paid to the person or the expenses incurred in relation to such protection. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) If a person who is obligated to return a certain amount of money in restitution pursuant to paragraph (1) fails to return it within a period, the Minister of Health and Welfare or the competent protective institution shall collect it in the same manner as delinquent national or local taxes are collected. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 11006, Aug. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 5 (2) of Addenda shall enter into force on the date of its promulgation.
Article 2 (Applicability to Deadline for Decision-making on Recognition of Deceased or Wounded Noble Person)
Article 5 (4) shall be applicable to application filed for recognition of a deceased or wounded noble person on or after this Act enters into force.
Article 3 (Applicability to Compensation)
Article 8 shall be applicable to the rescue efforts made on or after the enforcement date of this Act.
Article 4 (Applicability to Payments of Compensation for Destroyed or Damaged Chattels)
Article 9 shall be applicable to rescue efforts made on or after this Act enters into force.
Article 5 (Transitional Measures Concerning Payment of Compensation)
(1) As to the payment of compensation for rescue efforts made before this Act enters into force, the relevant provisions in force at the time when such rescue efforts were made shall apply.
(2) Notwithstanding paragraph (1), the compensation for rescue efforts made on or after January 1, 2007 but before this Act enters into force shall be paid in accordance with the following guidelines:
1. Compensation payable to surviving family members of a deceased noble person: An amount calculated by raising by 5/100 the amount determined as of the year 2006 pursuant to the former provision of Article 7 (2) 1; and
2. Compensation payable to a wounded noble person: An amount calculated by raising by 5/100 the amount determined as of the year 2006 pursuant to the former provision of Article 7 (2) 2.
Article 6 Omitted.
Article 7 (Relations with Other Acts and Subordinate Statutes)
A citation of a provision of the former Honorable Treatment of Persons Wounded or Killed for a Righteous Cause Act by any other Act or subordinate statute in force at the time when this Act enters into force shall be deemed to be a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such a corresponding provision exists herein.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11006, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases of Application concerning Recognition of Deceased or Wounded Noble Persons)
(1) Even though a person was killed or wounded before this Act enters into force, he/she may request the Minister of Health and Welfare to make a decision on whether to recognize himself/herself as a deceased or wounded noble person within one year after this Act enters into force, if he/she had such misfortune while on the move following the normal route and manner under the amended provisions of Article 3 (1) 7.
(2) If the Minister of Health and Welfare is requested to make a decision on the recognition of a deceased or wounded noble person under paragraph (1), he/she shall make such decision subject to deliberation and resolution by the Committee.
(3) If a person recognized as a deceased or wounded noble person under paragraphs (1) and (2) or his/her surviving family members are provided with the same honorable treatment and indemnity as deceased or wounded noble persons, he/she shall not be entitled to any compensation equivalent thereto, notwithstanding the provisions of Article 8.