CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to stabilization of the livelihood and improvement of welfare of persons eligible for veteran's compensation and their families and bereaved families by providing them with reasonable assistance.
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| Article 2 (Scope of Persons Eligible for Veteran's Compensation) |
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| (1) |
A person who falls under any of the following subparagraphs, as being eligible for veteran's compensation and his/her family members or bereaved family members (including persons specified as eligible for the assistance prescribed in this Act pursuant to any other Act) shall be entitled to assistance under this Act: |
| 1. |
A military person or police officer killed in a disaster: A person killed while 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 military person, police officer, or fire officer; |
| 2. |
A military person or police officer wounded in a disaster: A person discharged or retired from service due to an injury (including a disease) that he/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 military person, police officer, or fire officer, 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 military persons and police officers) or as an employee specified 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 due to an injury (including a disease) that he/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 military persons and police officers) or as an employee specified 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 meets the requisites for persons eligible for veteran's compensation and the scope of such persons shall be prescribed by Presidential Decree, considering the following matters comprehensively: |
| 1. |
The degree of relativeness 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/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/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 intentional act or gross negligence without extenuating circumstances or as a consequence of the person's serious violation of a relevant Act or subordinate statute or of his/her superior's order; |
| 2. |
If the death or injury is caused by an accident or disaster while the person deserts from his/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. |
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| Article 3 (Scope of Family Members, Bereaved or Not) |
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| (1) |
The scope of family members, bereaved or not, of a person eligible for veteran's compensation, who is entitled to assistance provided under this Act, is as follows: |
| 4. |
Grandparents without any other adult lineal descendant; |
| 5. |
Minor siblings who have neither any lineal ascendant of less than 60 years of age nor any adult sibling. |
| (2) |
The term "spouse" in paragraph (1) 1 shall include a person who has a de facto marital relationship: Provided, That a spouse or a person in a de facto marital relationship shall be excluded herefrom, if he/she is or was in a de facto marital relationship with any person other than the person eligible for veteran's compensation after he/she was in a legal or de facto marital relationship with the person eligible for veteran's compensation. |
| (3) |
In terms of adopted children, only one of children adopted by a person eligible for veteran's compensation who has no lineal descendant shall be construed as "children" as defined in paragraph (1) 2. |
| (4) |
In interpreting the term "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/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/her father or mother. |
| (5) |
In interpreting the term "grandparents" in paragraph (1) 4, if an adult lineal descendant is a disabled person specified by Presidential Decree as incapable of supporting himself/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 by Act No. 11849, Jun. 4, 2013> |
| (6) |
In interpreting the term "minor siblings" 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 disabled person specified by Presidential Decree as incapable of supporting himself/herself or a person who falls under any of the following subparagraphs and 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. |
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| Article 4 (Registration and Determination) |
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| (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. |
| (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 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/she shall refer the case to the Patriots and Veterans Review Commission under Article 74-5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services 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 cases prescribed by Presidential Decree where it is verified with objective facts 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 specified by any other Act as eligible for assistanceunder this Act. |
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| Article 5 (Reporting Changes, etc. in Persons Eligible for Veteran's Compensation, etc.) |
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| (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; |
| 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 continuously for at least one year or the ground to believe that a person has been missing is extinguished; |
| 8. |
If such person's name, address, or date of birth has changed; |
| 9. |
If any other change specified 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 determination on registration, a determination on additional registration, or other relevant measure. |
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| Article 6 (Physical Examination) |
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| (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 the degree of injury or a change in the injured part. |
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| Article 7 (Principle for Compensation) |
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A person eligible for veteran's compensation and his/her family, bereaved or not, shall be entitled to compensation according to the degree of sacrifice of 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/her family, etc.
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| Article 8 (Time when Entitlement to Compensation Arises or is Extinguished) |
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| (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 an application is filed for the payment of livelihood improvement allowances or educational assistance in accordance with Article 14 (1) or 25 (4), the entitlement to such compensation shall arise in the month in which an application for such compensation is filed. |
| (2) |
If a person eligible for veteran's compensation or such person's family, bereaved or not, falls under any provision of Articles 5 (1) 1 through 3 and 72 (1) and (2), his/her entitlement to compensation under this Act shall be extinguished in the month in which the relevant event or cause occurs. If a person eligible for veteran's compensation him/herself falls under Article 5 (1) 2 or 72 (1) in such cases, his/her family shall also be disentitled to compensation. |
| (3) |
If a person eligible for veteran's compensation or such person's family, bereaved or not, falls under any of the following subparagraphs, such person shall be disentitled to compensation under this Act retroactively from the date on which the entitlement to compensation arose. In such cases, if a person eligible for veteran's compensation him/herself becomes disentitled to compensation, his/her family, bereaved or not, shall also become disentitled to compensation: |
| 1. |
If it is discovered that a person has obtained a decision on registration by fraud or other wrongful means; |
| 2. |
If a serious defect is discovered in the facts the head of the agency or institution to which a person belonged, notified as relevant to the prerequisites for a person eligible for veteran's compensation and the person fails to meet the prerequisites for registration as a person eligible for veteran's compensation. |
| (4) |
When the Minister of Patriots and Veterans Affairs intends to determine whether a person falls under any subparagraph of paragraph (3), he/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. |
| (5) |
If the head of a 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 (3), he/she shall notify the Minister of Patriots and Veterans Affairs of his/her finding without delay. |
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| Article 9 (Duty to Maintain Dignity) |
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No person eligible for veteran's compensation nor such person's family, bereaved or not, shall commit any act degrading the dignity of the person eligible for veteran's compensation.
CHAPTER II VETERAN'S BENEFITS
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| Article 10 (Kinds of Veteran's Benefits) |
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| (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; |
| 3. |
Allowances for dependants; |
| 4. |
Additional allowances for severe injuries; |
| 5. |
Other allowances prescribed by Presidential Decree. |
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| Article 11 (Compensation) |
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| (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 egligible for the payment of compensation under this Act or any other Act: |
| 1. |
A military person or police officer wounded in a disaster; |
| 2. |
A person in the first priority among bereaved family members of a military person or police officer killed in a disaster; |
| 3. |
A person in the first priority among bereaved family members of a military person 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 specified by Presidential Decree, but who is dead. |
| (2) |
The extent of children among bereaved family members who fall under paragraph (1) 2 and 3 shall be limited to minor children, but a child incapable of supporting himself/herself due to the disability specified by Presidential Decree shall be entitled to compensation in the same manner as compensation to minor children, even after the child becomes adult. The same shall also apply where a minor sibling incapable of supporting himself/herself due to the disability specified by Presidential Decree becomes adult. |
| (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 for the degree of sacrifice of each person eligible for veteran's compensation, taking into consideration the household consumption expenditure of households nationwide on 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 military person or police officer wounded in the line of duty, the bereaved family of a military person or police officer who died in the line of duty, or the bereaved family of a military person or police officer wounded in the line of duty who dies later is entitled under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State. |
| (5) |
The compensation 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. |
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| Article 12 (Order of Priority in Payment of Compensation) |
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| (1) |
The order of priority of bereaved family members in the entitlement to compensation shall be determined by the order specified in the subparagraphs of Article 3 (1). |
| (2) |
If more than one bereaved family member has the same priority in entitlement to compensation under paragraph (1), the compensation shall be paid in accordance with the following subparagraphs: |
| 1. |
The older person shall have a priority, but the person who has mainly supported or raised the person eligible for veteran's compensation shall have the priority; |
| 2. |
Notwithstanding subparagraph 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, matters necessary for the method of agreement by and between bereaved family members with the same priority 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 in 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 continuously for at least one year. |
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| Article 13 (Livelihood Improvement Allowances) |
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| (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 in first priority according to the order of priority specified in 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. |
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| Article 14 (Application for Payment of Livelihood Improvement Allowances) |
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| (1) |
In order to be entitled to livelihood improvement allowances under Article 13, a person (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 according to 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, a child, or the spouse of a child who is responsible for supporting the applicant; hereafter the same shall apply in Articles 15 (1) and 16 (1) and (2)) shall submit a written statement that they consent to provide the data or information specified in the following subparagraphs: |
| 3. |
Insurance premiums paid for insurance specified in any subparagraph of Article 4 (1) of the Insurance Business Act and other data or information specified by Presidential Decree (hereinafter referred to as "insurance information"). |
| (3) |
Matters necessary for the method and procedure for filing applications for entitlement to livelihood improvement allowances under paragraph (1) and the method and procedure for consent under paragraph (2) shall be prescribed by Presidential Decree. |
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| Article 15 (Inspection, Questioning, etc.) |
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| (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 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 to submit necessary documents or other data about income, property, etc. and may authorize public officials under his/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 relevant people. |
| (2) |
The Minister of Patriots and Veterans Affairs may request the head of a related agency or institution to provide financial information, credit information, insurance information, or data about national taxes, local taxes, land, buildings, health insurance, national pension, immigration control as necessary for the inspection or the payment of livelihood improvement allowances under paragraph (1). In such cases, the head of a related agency or institution shall comply with such request, except in extraordinary circumstances. |
| (3) |
A person who makes an entry for inspection or questioning under paragraph (1) shall carry a certificate indicating his/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) |
Matters necessary for the scope, timing, and details of the inspection and questioning under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 16 (Provision of Financial Information, etc.) |
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| (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. |
| (6) |
No person who is or was engaged in the business specified in paragraph (1) and (2) shall use financial or other information acquired in the course of performing of 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. |
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| Article 17 (Nursing Allowances) |
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| (1) |
A military person, police officer or public official wounded in a disaster shall be entitled to nursing allowances, if he/she has difficulties in mobility without other person's care due to his/her severe injury. |
| (2) |
Nursing allowances shall be paid on a monthly basis, and the criteria for payment, amount of payment, method of payment, and other matters necessary for payment shall be prescribed by Presidential Decree. |
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| Article 18 (Allowances for Dependants) |
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| (1) |
If a person who falls under any of the following subparagraphs has dependants, he/she shall be entitled to the payment of allowances for dependants according to the number of dependants: |
| 1. |
A military person or police officer wounded in a disaster, whose grade of injury is equal to or higher than the grade of injury specified by Presidential Decree; |
| 2. |
The spouse of a military person 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 military person 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 dependants 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/herself due to a disability specified by Presidential Decree shall be included in the extent of dependants even after the child becomes adult. |
| (4) |
Allowances for dependants shall be paid on a monthly basis, but the amount, method of payment, and other matters necessary for payment shall be prescribed by Presidential Decree. |
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| Article 19 (Additional Allowances for Severe Injuries) |
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| (1) |
A person whose grade of injury determined is equal to or higher than the grade of injury specified by Presidential Decree, among military persons 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, method of payment, and other matters necessary for payment shall be prescribed by Presidential Decree. |
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| Article 20 (Lump-Sum Payment on Death) |
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| (1) |
If a person who has received compensation as 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/her relatives who resided together at the time of his/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/her death, at the request of the heir. |
| (3) |
If a person has no heir in 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. |
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| Article 21 (Payment of Accrued Veteran's Benefits) |
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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 under Article 20 (1) or (2).
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| Article 22 (Protection of Entitlement) |
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| (1) |
The entitlement to a veteran's benefitsshall not be transferable or seizable and shall not be offered as security. |
| (3) |
Notwithstanding paragraph (1), veteran's benefits may be seized when veteran's benefits are recovered in accordance with Article 68. |
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| Article 23 (Suspension of Payment of Veteran's Benefits) |
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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 Welfare and Healthcare Corporation established under Article 2 of the Korea Veterans Welfare and Healthcare Corporation Act (hereinafter referred to as the "Corporation") at the State's expense, no amount of money and allowances specified by Presidential Decree, out of compensation, shall be paid to such person for a period from the month immediately following the month in which he/she begins to receive such assistance until the month in which such assistance to him/her discontinues.
CHAPTER III EDUCATIONAL ASSISTANCE
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| Article 24 (Educational Assistance) |
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The State shall provide persons eligible for veteran's compensation and their families, bereaved or not, with educational assistance so that they can obtain 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.
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| Article 25 (Persons Eligible for Educational Assistance, etc.) |
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| (1) |
Persons eligible for educational assistance (hereinafter referred to as "persons eligible for educational assistance") are as follows: |
| 1. |
A military person, police officer, or public official wounded in a disaster; |
| 2. |
The spouse of a military person, police officer, or public official killed in a disaster; |
| 3. |
Children of a person who falls under subparagraph 1; |
| 4. |
Children and minor younger siblings of a military person, 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 the person is enrolled (including admission, re-admission, and transfer; hereinafterthe same shall apply) in an educational institution before he/she attains 30 years of age. |
| (3) |
Educational assistance may be provided, as prescribed by Presidential Decree, to children of a military person, 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 the grade of injury specified by Presidential Decree, taking into consideration the standard of living. |
| (4) |
If a child specified in paragraph (3) intends to receive educational assistance, he/she shall file an application for educational assistance with the Minister of Patriots and Veterans Affairs. In such cases, Articles 14 through 16 shall apply mutatis mutandis to the procedure, etc. for determining the standard of living. |
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| Article 26 (Educational Institutions) |
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Educational institutions that shall provide educational assistance to persons eligible for educational assistance are as follows:
| 3. |
A lifelong educational facility in which academic achievements are recognized in accordance with the Lifelong Education Act; |
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| Article 27 (Duty to Admit) |
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| (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 full number of each class, as prescribed by Presidential Decree. |
| (2) |
If the Minister of Education finds it necessary with regard to the distribution of persons eligible for educational assistance in each region, he/she may increase the ratio of admissions under paragraph (1) for each region by up to six percent, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
law view
| Article 28 (Procedure for Admission) |
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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.
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| Article 29 (Exemption, etc. from Tuition Fees, etc.) |
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| (1) |
An educational institution shall exempt persons eligible for educational assistance from tuition fees, admission fees, dues for the school support association, and other school expenses (hereinafter referred to as "tuition fees and school expenses"). |
| (2) |
A person eligible for educational assistance shall be exempted from tuition fees and school expenses from the month in which he/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 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"), 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/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 paragraph (1) and (2), the State shall subsidize the private university for one-half of the exempted amount. |
| (4) |
The State may subsidize a person eligible for educational assistance for an amount equivalent to tuition fees and school expenses that the person has actually paid until he/she is exempted from tuition fees and school expenses under paragraph (2) after he/she files 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 Act or subordinate statute or if a ground specified by Presidential Decree exists, no subsidy equivalent to such amount shall be paid. |
| (5) |
The period during which a persons eligible for educational assistance is entitled to exemption from or subsidization for tuition fees and school expenses under any provision of paragraphs (1) through (4), the criteria for such exemption and subsidization, and matters necessary for subsidization of educational institutions that provide educational assistance shall be prescribed by Presidential Decree. |
law view
| Article 30 (Assistance to Persons Eligible for Educational Assistance and Enrolled in Foreigners' School) |
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| (1) |
If a person eligible for educational assistance is enrolled in a foreigners' school that falls under any of the following subparagraphs, he/she may be partially subsidized for tuition fees and school expenses within budgetary limits: |
| 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 procedure for payment shall be prescribed by Presidential Decree. |
law view
| Article 31 (Payment of Learning Allowances) |
|
| (1) |
The Minister of Patriots and Veterans Affairs may pay learning allowances to persons eligible for educational assistance who fall under any of the following subparagraphs: |
| 2. |
A person eligible for educational assistance specified 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 payment shall be prescribed by Presidential Decree. |
CHAPTER IV ASSISTANCE IN EMPLOYMENT
law view
| Article 32 (Assistance in Employment) |
|
The State shall assist persons eligible for veteran's compensation and their families, bereaved or not, in employment for the stabilization of their livelihood and their self-realization.
law view
| Article 33 (Persons Eligible for Assistance in Employment, etc.) |
|
| (1) |
Persons eligible for assistance in employment (referring to "persons eligible for assistance in employment") are as follows: |
| 1. |
A military person, police officer, or public official wounded in a disaster; |
| 2. |
The spouse of a military person, police officer, or public official killed in a disaster; |
| 3. |
The spouse of a military person, police officer, or public official wounded in a disaster. |
| (2) |
A person eligible for assistance in employment may be provided with assistance in employment under Articles 37 and 41, but the number of times of such assistance shall not exceed the number of times specified 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. |
law view
| Article 34 (Agencies and Institutions Providing Assistance in Employment) |
|
Agencies and institutions providing assistance in employment 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 not less than 20 persons a day: Provided, That manufacturers that employ less than 200 persons, among manufacturers specified by Presidential Decree, shall be excluded herefrom; |
law view
| Article 35 (Additional Points, etc. in Employment Examination) |
|
| (1) |
When an agency or institution providing assistance in employment holds an employment examination in order to hire its employees, it shall award points in addition to the points that a person eligible for assistance in employment earns in the employment examination in accordance with the following subparagraphs: |
| 1. |
A person eligible for assistance in employment and entitled to ten percent of a full score as additional points: A person who falls under Article 33 (1) 1 or 2; |
| 2. |
A person eligible for assistance in employment 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 held under 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 assistance in 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. |
| (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 assistance in employment, among those who have earned the same points, shall be given priority in determining persons who successfully pass the examination. |
| (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 employmentexamination shall be prescribed by Presidential Decree. |
law view
| Article 36 (Application for Assistance in Employment) |
|
A person eligible for assistance in employment who intends to have such assistance (excluding assistance in employment under Article 35; hereafter the same shall apply in this Article) shall file an application for assistance in employment with the Minister of Patriots and Veterans Affairs.
law view
| Article 37 (Obligation of State Agencies, etc. to Employ) |
|
| (1) |
If the head of an agency or institution providing assistance in employment under subparagraph 1 of Article 34 (hereinafter referred to as "State agency or other institution") has the authority to employ public officials in technical service or civilian employees of the military in technical service (hereinafter referred to as "public officials or civilian employees in technical service") and if the full number of public officials or civilian employees in technical service is not less than five persons shall hire persons eligible for assistance in employment as public officials or civilian employees in technical service, and the ratio of persons eligible for assistance in employment so hired shall not be lower than the ratio of employment specified by Presidential Decree to the full number of public officials or civilian employees in technical service (hereinafter referred to as "employment ratio"). In such cases, it shall be deemed that the full number of public officials or civilian employees in technical service is included in the full number of the State agency or other institution that has the authority to hire such public officials or civilian employees in technical service. |
| (2) |
The head of a State agency or other institution that has not hired persons eligible for assistance in employment as public officials or civilian employees in technical service to meet or surpass the employment ratio specified in paragraph (1) shall specially hire persons eligible for assistance in employment recommended by the Minister of Patriots and Veterans Affairs when he/she hires new employees, notwithstanding the provisions of other Acts and subordinate statutes regarding the employment of public officials or civilian employees in technical service. |
| (3) |
The Minister of Patriots and Veterans Affairs shall recommend more than one candidate, when he/she recommends persons eligible for assistance in employment: Provided, That he/she shall not recommend more than one candidate, if the number of persons eligible for recommendation is equal to or less than the number of persons to be employed. |
| (4) |
Matters regarding the procedure for requesting the recommendation of persons eligible for assistance in employment under paragraph (2), the criteria for recommendation, and special employment shall be prescribed by Presidential Decree. |
law view
| Article 38 (Inspection of Actual State of Employment by State Agencies, etc.) |
|
| (1) |
Each State agency or other institution shall notify the Minister of Patriots and Veterans Affairs of matters regarding the full number and employment of public officials or civilian employees in technical service, among its public officials, as prescribed by Presidential Decree. |
| (2) |
If the Minister of Patriots and Veterans Affairs finds it necessary to inspect and monitor the actual state of employment of public officials or civilian employees in technical service by a State agency or other institution, he/she may request the State agency or institution 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 or institution to take measures for rectification or supplementation, if he/she finds it necessary to take measures for rectification or supplementation as a result of inspection and monitoring. |
| (3) |
Upon receipt of a demand to take 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 results thereof. |
law view
| Article 39 (Obligations, etc. of Enterprises, etc, to Employ Preferentially) |
|
| (1) |
An institution providing assistance in employment under subparagraph 2 of Article 34 shall hire persons eligible for assistance in employment preferentially to meet or surpass the employment ratio of each business entity specified 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 assistance in employment with jobs suitable for their abilities, he/she may increase the employment ratio specified in paragraph (1) for any of the following institutions providing assistance in employment of up to nine percent, as prescribed by Presidential Decree: |
| 3. |
An enterprise or organization specified by Presidential Decree, among other institutions providing assistance in employment under subparagraph 2 of Article 34. |
| (3) |
A private school, the total school employees of which, excluding teachers, is at least five persons, among institutions providing assistance in employment under subparagraph 3 of Article 34 shall preferentially hire persons eligible for assistance in employment to meet or exceed the employment ratio of at least ten percent of its employees, excluding teachers. |
law view
| Article 40 (Reporting by Business Entities, etc.) |
|
| (1) |
An institution providing assistance in employment 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 for employment, 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 deficient or it is deemed necessary to ascertain the actual status of affairs, 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 it to make necessary explanation or submit relevant documents. |
| (3) |
A public official in charge referred to in paragraph (2) shall carry a certificate indicating his/her authority and produce it to relevant people. |
law view
| Article 41 (Special Employment of Veterans) |
|
| (1) |
The Minister of Patriots and Veterans Affairs shall recommend more than one person eligible for assistance in employment, 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 can employ: Provided, That he/she may choose not to recommend more than one person eligible for assistance in employment, 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 assistance in employment in accordance with paragraph (1), a business entity or other institution shall select the persons it intends to hire, from among recommended persons, 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 assistance in employment 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 assistance in employment; |
| 2. |
If a business entity or other institution fails to give notice in accordance with paragraph (2) without any justifiable ground specified by Presidential Decree (including cases where the number of persons selected by a business entity or other institution from among those eligible for assistance in employment 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 persons recommended by the Minister of Patriots and Veterans Affairs; |
| 3. |
If not more than one person has been recommended in accordance with the proviso to paragraph (1): The person designated by the Minister of Patriots and Veterans Affairs from among those eligible for assistance in employment. |
| (4) |
When the Minister of Patriots and Veterans Affairs issues an order to hire a person under paragraph (3), he/she shall notify the relevant person eligible for assistance in employment that he/she shall commence working for the business entity or institution designated by him/her, as prescribed by Presidential Decree. |
law view
| Article 42 (Restriction on Assistance in Employment) |
|
| (1) |
A person hired through assistance in employment under this Act shall work conscientiously. |
| (2) |
If a person eligible for assistance in employment falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may place limitations on assistance in employment 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 working without a justifiable ground; |
| 2. |
If a person resigns from his/her job without a justifiable ground after being hired under Article 37 or 41 and working for a period less than that specified by Presidential Decree; |
| 3. |
If a person is dismissed from his/her job by way of disciplinary action on the ground of neglect of duties, dereliction of duty, or fraud. |
law view
| Article 43 (Standards for Acceptance in Physical Examination) |
|
Standards for acceptance in the physical examination of a military person, police officer, or public official wounded in a disaster to be eligible for assistance in employment shall be established to determine whether such person can perform his/her duties in the job for which he/she is expected to be hired, and whether a person successfully passes an examination shall be determined by the medical institution specified by Presidential Decree.
law view
| Article 44 (Aggregation of Terms of Work Experience) |
|
A business entity or other institution may add the period for which a person hired preferentially through assistance in employment, has performed his military service to the period of his work experience, in determining the person's salary class, as prescribed by Presidential Decree.
law view
| Article 45 (Prohibition of Discriminatory Treatment) |
|
| (1) |
No agency or institution providing assistance in employment 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/her class of job, assigning him/her a job, promoting him/her, raising his/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 assistance in employment discriminates against a person hired under this Act, in violation of paragraph (1), the Minister of Patriots and Veterans Affairs may demand it to rectify such discrimination. |
| (3) |
Upon receipt of a demand under paragraph (2), an agency or institution providing assistance in employment shall take measures for rectification and shall notify the Minister of Patriots and Veterans Affairs of the outcomes of the measures. |
law view
| Article 46 (Notice of Employment, etc.) |
|
In any of the following cases, an agency or institution providing assistance in employment shall notify the Minister of Patriots and Veterans Affairs of details thereof:
| 1. |
If a person eligible for assistance in employment is hired; |
| 2. |
If a person hired under this Act resigns or is dismissed or discharged. |
law view
| 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 or a civilian employee of the military in technical service 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 person eligible for assistance in employment but is still employed, such person shall be included in the number of persons calculated according to the employment ratio of the relevant agency or institution providing assistance in employment. |
| (3) |
If a person eligible for assistance in employment is hired without assistance in employment 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 assistance in employment. |
law view
| Article 48 (Vocational Training) |
|
| (1) |
The Minister of Patriots and Veterans Affairs may provide training programs for vocational rehabilitation to military persons, 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 assistance in employment to training facilities for the development of workplace skills under the Act on the Development of Workplace Skills of Workers to attend a training course for the development of workplace skills. In such cases, the number of persons to be recommended for assistance in employment 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 workplace skills under paragraph (2) shall be borne by the State. |
law view
| Article 49 (Payment, etc. of Incentive for Development of Skills) |
|
| (1) |
When a person eligible for assistance in employment intends to acquire qualification or develop skills as necessary for employment, the Minister of Patriots and Veterans Affairs may fully or partially subsidize such person for expenses incurred therein or pay an incentive within budgetary limits. |
| (2) |
Matters necessary for the standards, scope, and procedure in subsidizing expenses or paying an incentive under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER V MEDICAL ASSISTANCE
law view
| Article 50 (Medical Assistance) |
|
The State shall provide medical assistance to persons eligible for assistance in employment and their families, bereaved or not, so that they can maintain a healthy life and receive necessary medical treatment.
law view
| Article 51 (Medical Treatment) |
|
| (1) |
If a military person, police officer, or public official wounded in a disaster requires medical treatment for his/her injury or suffers from a disease (including a wound; hereafter the same shall apply in this Article), a medical institution operated by the State (including veterans' hospitals established under Article 7 of the Korea Veterans Welfare and Healthcare Corporation Act) or a medical facility operated by a local government, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to a disease intentionally caused by such person. |
| (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 If a medical facility operated by a local government provides medical treatment, expenses incurred in medical treatment may be partially borne by the local government, as prescribed by Presidential Decree. |
| (4) |
If a military person, police officer, or public official wounded in a disaster whose grade of injury determined is lower than the grade of injury specified by Presidential Decree is provided with medical treatment for any disease other than his/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 expenses incurred in the medical treatment, asprescribed 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 established under Article 7 of the Korea Veterans Welfare and Healthcare Corporation Act. In such cases, expenses incurred in medical treatment shall be fully or partially exempted, and the Minister of Patriots and Veterans Affairs may reimburse the relevant veterans' hospital, within budgetary limits, for expenses so exempted. |
| (6) |
If a person who falls under any of the following subparagraphs is at least 75 years of age, he/she may receive medical treatment from the medical institution designated by the Minister of Patriots and Veterans Affairs for the entrustment of medical institution, other than veterans' hospitals under Article 7 of the Korea Veterans Welfare and Healthcare Corporation Act. In such cases, expenses incurred in such medical treatment shall be exempted, as prescribed by Presidential Decree, and expenses so exempted shall be borne by the State: |
| 1. |
The spouse of a military person, police officer, or public official killed in a disaster; |
| 2. |
The spouse of a military person, police officer, or public official wounded in a disaster, if the military person, police officer, or public official has died. |
| (7) |
Standards for medical assistance, including the method and procedure for, and the scope and maximum limit of, medical treatment and subsidization for medical expenses under provisions of paragraphs (1) through (6), shall be prescribed by Presidential Decree. |
law view
| Article 52 (Provision of Prosthetic Appliances) |
|
If a military person, police officer, or public official wounded in a disaster needs a prosthetic appliance due to physical disability, the prosthetic appliance shall be provided, as prescribed by Presidential Decree.
law view
| Article 53 (Medical Rehabilitation, etc.) |
|
| (1) |
In order to prevent physical functions of military persons, police officers, and public officials wounded in a disaster from being degraded and to assist them in recovering such functions, the Minister of Patriots and Veterans Affairs shall prepare measures for medical rehabilitation and rehabilitative sports and execute programs for such activities. |
| (2) |
If the Minister of Patriots and Veterans Affairs deems it necessary to promote medical rehabilitation and rehabilitative sports, he/she may entrust the Corporation or an organization established pursuant to the Act on the Establishment of Associations by Persons, etc. of Distinguished Services to the State with programs for such activities. In such cases, the Minister of Patriots and Veterans Affairs may fully or partially subsidize the Corporation or organization, to which such programs are entrusted, for expenses incurred therein, within budgetary limits. |
law view
| Article 54 (Subsidization for Expenses, etc. for Securing Medical Facilities) |
|
The Minister of Patriots and Veterans Affairs may subsidize the Corporation for expenses incurred in securing facilities necessary for medical assistance under this Act and expenses incurred in maintaining and managing such facilities, within budgetary limits.
law view
| Article 55 (Loans) |
|
The State shall lend loans for a long term 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.
law view
| Article 56 (Persons Eligible for Loans) |
|
Persons eligible for loans are as follows:
| 1. |
A military person, police officer, or public official wounded in a disaster; |
| 2. |
The spouse of a military person, police officer, or public official killed in a disaster; |
| 3. |
The spouse of a person specified by subparagraph 1, if such person is dead. |
law view
| Article 57 (Source of Funds for Loans) |
|
law view
| Article 58 (Categories of Loans) |
|
Loans shall be categorized 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 operation of business; |
| 4. |
Loans for stabilization of livelihood. |
law view
| Article 59 (Ceiling on Loans) |
|
| (1) |
The ceiling on each category of loan shall be determined by the Minister of Patriots and Veterans Affairs within the maximum of the source of funds for loans. |
| (2) |
The Minister of Patriots and Veterans Affairs shall lend 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 improving a house: Not more than expenses incurred in improving the house; |
| 4. |
A loan for renting a house: Not more than the amount of rent. |
law view
| Article 60 (Interest Rate on Loans) |
|
The interest rate on loans shall be specified by Presidential Decree.
law view
| Article 61 (Applications for Loan, etc.) |
|
| (1) |
A person who intends to borrow a loan shall file a loan application with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree, but if a person who intends to borrow a loan meets the prerequisites for two or more categories of loan, such person shall choose only one category of loan to file a loan application. When a person files another loan application after he/she borrows a loan, he/she is not allowed to change his/her choice. |
| (2) |
Upon receipt of loan applications under paragraph (1), the Minister of Patriots and Veterans Affairs shall formulate guidelines for determining whether to lend a loan and shall lend loans according to such guidelines. |
law view
| Article 62 (Term for Repayment of Loans) |
|
| (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 finds that a person who borrowed a loan is unable to repay the loan, he/she may extend the term for repayment by not more than three years. |
| (3) |
If a person who borrowed a loan uses the loan for any purpose other than that specified, the Minister of Patriots and Veterans Affairs may require the person to repay the loan irrespective of the term specified in paragraph (1) for repayment, as prescribed by Presidential Decree. |
law view
| Article 63 (Security, etc.) |
|
| (1) |
The Minister of Patriots and Veterans Affairs may issue a guarantee for the disbursement of a loan to a person who intends to borrow 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 borrows a loan for purchasing farmland or a house shall provide the property that he/she acquires with the loan as security to the State until he/she fully repays the loan. |
| (3) |
If the Minister of Patriots and Veterans Affairs lends a loan for purchasing an apartment unit or other collective housing unit, 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 apply paragraph (4) mutatis mutandis to the borrower to permit the borrower to provide other asset as security without requiring the borrower to offer the housing unit as security until the borrower can offer the housing unit as security, notwithstanding paragraph (2). |
| (4) |
A person who borrows a loan for improving 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 borrows 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 difficult to secure a loan with the security offered in accordance with any provision of paragraphs (2) through (4), he/she may take measures necessary to secure the loan. |
| (6) |
In any of the following cases, a person who borrows 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/she still owes to the State with approval from the Minister of Patriots and Veterans Affairs instead of the real estate he has already provided: Provided, That such person shall provide real estate that he/she newly purchases to the State as security in cases 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 inevitable to replace the property provided as security with other asset due to a natural disaster, accident, or any similar event; |
| 3. |
If it is inevitable to sell farmland or a house acquired with the loan and purchase other real estate instead, for the same purpose. |
| (7) |
If it is inevitable to replace the real estate provided by a person who borrowed a loan for improving 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/she still owes or an asset specified 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/she still owes is not more than the amount specified by the Minister of Patriots and Veterans Affairs. |
| (8) |
If a person fully repays a loan, the Minister of Patriots and Veterans Affairs shall go through the procedure for cancelling the mortgage. |
law view
| Article 64 (Setoff) |
|
The Minister of Patriots and Veterans Affairs may offset the principal and interest of 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 of a loan that falls due; |
| 2. |
The purchase price or rent that falls due, where the property purchased pursuant to Article 66 (1) is sold or leased. |
law view
| Article 65 (Assumption of Obligations) |
|
| (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 borrows a loan under this Act. |
law view
| Article 66 (Purchase, etc. 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 procedure 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. |
| (3) |
The basis for 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. |
law view
| Article 67 (Succession to Loans) |
|
| (1) |
If a person who borrowed a loan dies during the term of the loan, his/her heirs shall succeed to the obligations under the loan. |
| (2) |
The person who succeeds to obligations on a loan in accordance with paragraph (1) shall report it to the Minister of Patriots and Veterans Affairs. In such cases, if at least two persons succeed to obligations under a loan, they shall appoint one representative who shall be responsible for the management of the property acquired through the loan and shall also report the appointment. |
CHAPTER VII SUPPLEMENTARY PROVISIONS AND PENAL PROVISIONS
law view
| Article 68 (Recovery of Veteran's Benefits, etc.) |
|
| (1) |
If a person who obtains 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 obtains compensation by fraud or other wrongful means; |
| 2. |
If the entitlement to compensation is retroactively extinguished after a person receives compensation; |
| 3. |
If compensation is paid mistakenly. |
| (2) |
If a person who shall return veteran's benefits, which shall be recovered in accordance with paragraph (1), fails to return such benefits 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 inevitable grounds, the Minister of Patriots and Veterans Affairs may write off such benefits. |
law view
| Article 69 (Exemption from Obligation to Return) |
|
| (1) |
If a person who obtains 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 without returning such benefits, notwithstanding Article 68. |
| (2) |
The scope of exemption under paragraph (1) shall be prescribed by Presidential Decree. |
law view
| Article 70 (Cooperation of Heads of Related Agencies and Organizations) |
|
| (1) |
If it is necessary to assess the standard of living of persons eligible for application of this Act, the Minister of Patriots and Veterans Affairs may request the head of any other central administrative agency, local government, or public organization who has relevant data to provide relevant data. |
| (2) |
A person who has received a request under paragraph (1) shall comply with such request, unless any justifiable ground exists. |
law view
| Article 71 (Suspension, etc. of Compensation) |
|
| (2) |
If a sentence of imprisonment without labor or heavier punishment imposed upon a person eligible for veteran's compensation for a crime specified 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 period of imprisonment sentenced from the month immediately following the month in which such sentence becomes final and conclusive. |
law view
| Article 72 (Exclusion from Application of this Act) |
|
| (1) |
If a person who is or will be subject to the application of this Act as 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/her family, bereaved or not, are entitled under this Act or any other Act: <Amended by Act No. 11556, Dec. 18, 2012; Act No. 11572, Dec. 18, 2012; Act No. 11731, Apr. 5, 2013> |
| 1. |
A person in whose case a sentence of imprisonment without labor or heavier punishment imposed upon him/her for a violation of the National Security Act becomes final and conclusive; |
| 3. |
A person in whose case a sentence of imprisonment without labor for not less than one year or heavier punishment imposed upon him/her for a crime specified in any of the following 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 any provision of Articles 287, 288 (excluding the case of committing a crime specified in any provision of Article 288 (1) for the purpose of marriage), 289 (excluding the case of committing a crime specified in any provision of Article 289 (2) for the purpose of marriage), 290, 291, 292 (excluding the case of receiving or harboring a person who has been abducted, lured or trafficked on a crime specified in any provision of Article 288 (1) for the purpose of marriage or Article 289 (2) for the purpose of marriage, and the case of recruiting, transporting, or transferring a person for a crime specified in any provision of Article 288 (1) for the purpose of marriage or Article 289 (2) for the purpose of marriage), and 294 (excluding an attempt to commit a crime specified in any provision of Article 288 (1) for the purpose of marriage or Article 289 (2) for the purpose of marriage, and an attempt to commit a crime of receiving or harboring a person who has been abducted, lured or trafficked on a crime specified in any provision of Article 288 (1) for the purpose of marriage or Article 289 (2) for the purpose of marriage); 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 any provision of Articles 333 through 336; a crime specified in any provision of Articles 337 through 339; an attempted crime specified in any provision of Article 337, the former part of Article 338, and Article 339; or a crime or an attempted crime specified in Article 351 (limited to habitual offenders as provided for in Articles 347, 347-2, and 348); |
| 5. |
A person who habitually commits an offense specified 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 subject to the application of 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 exempted 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 again 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 if it is found that the person is deeply remorseful of his/her wrongdoing: Provided, That the foregoing shall not apply to cases that fall under paragraph (1) 2: |
| 1. |
If three years have passed since the sentence of imprisonment without labor or heavier punishment imposed upon such person was completely executed or finally discharged; |
| 2. |
If two years have passed since the date on which such person was excluded from the application of this Act in cases not falling under subparagraph 1. |
| (4) |
When the Minister of Patriots and Veterans Affairs intends to exclude a person eligible for veteran's compensation or a family member, bereaved or not, on the ground specified in paragraph (1) 5, he/she shall refer the case to the Patriots and Veterans Review Commission for resolution. |
| (5) |
When 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/she may demand the agency responsible for the management of criminal records to verify a person's criminal history. |
law view
| Article 73 (Payment of Rewards) |
|
| (1) |
The Minister of Patriots and Veterans Affairs may pay a reward, within budgetary limits, to a person who reports any person who falls under any of the following subparagraphs: |
| 1. |
A person registered as a person eligible for veteran's compensation or a family member of such person, bereaved or not, by fraud or other wrongful means, in violation of Article 4; |
| 2. |
A person who receives veteran's benefits fraudulently, in violation of Article 5; |
| 3. |
A person who obtains recognition of the grade of injury in a physical examination by fraud or other wrongful means, in violation of Article 6. |
| (2) |
Matters necessary for the requirements for reporting under paragraph (1) and the guidelines, method, and procedure for the payment of rewards shall be prescribed by Presidential Decree. |
law view
| Article 74 (Delegation and Entrustment) |
|
| (1) |
The Minister of Patriots and Veterans Affairs may delegate part of his/her authority under this Act to the head of an affiliated agency or the Jeju Special Self-governing Province Governor, as prescribed by Presidential Decree. |
| (2) |
The Minister of Patriots and Veterans Affairs may entrust post offices or banks defined in Article 2 (1) 2 of the Banking Act with business affairs regarding the payment of veterans' benefits and business affairs for lending loans, as prescribed by Presidential Decree. |
law view
| 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 30 million won: |
| 1. |
A person who receives compensation under this Act, or aids and abets another person to receive such compensation, by fraud or other wrongful means; |
| 2. |
A person who uses financial information, 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)). |
| (2) |
Any person who attempts to commit a crime specified in paragraph (1) 1 shall be punished. |
| (3) |
Any person who uses credit information or insurance information, or provides or divulges credit information or insurance information to any third 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)), shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won. |
law view
| Article 76 (Administrative Fines) |
|
| (1) |
Any person who, without justifiable ground, fails to comply with an order issued under Article 41 (3) to hire a person shall be punished by an administrative fine not exceeding five million won. |
| (2) |
Any person who falls under any of the following subparagraphs shall be punished by 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 to explain 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. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDA <Act No. 11103, Nov. 22, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 3 of the Addenda shall enter into force on July 1, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11556, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11572, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its promulgation. |
Articles 2 and 7 Omitted.
ADDENDA <Act No. 11731, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
